§ 9-24.070. Condominium Conversion Regulations

A.

Purpose. The intent and purpose of this Section is to:

1.

Establish procedures and standards to regulate the conversion of existing multi-family rental apartment housing to condominiums;

2.

Reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums;

3.

Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

4.

Ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

5.

Assure a reasonable balance of rental and ownership housing and a variety of individual choices of tenure, type, price, and location; and

6.

Assure that adequate rental housing is available in the community.

B.

Applicability. The provisions of this Section shall apply to all proposed residential condominium conversions.

C.

Conditional Use Permit requirement. No existing residential apartment unit/complex shall be converted for sale, transfer, or conveyance as a condominium or townhouse condominium without a Conditional Use Permit pursuant to Section 9-52.070.

D.

Required Reports and Information. In addition to the Conditional Use Permit, the applicant shall submit a report describing the physical elements of all structures and facilities, as required by this Section. The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements, if any, shall be accomplished by the developer and when such improvements shall be completed. These reports shall be comprised of:

1.

Structural Report. A report by a California licensed structural engineer, civil engineer or architect, describing in detail the structural condition, any evidence of soils problems, code violations, useful life, and any apparent deferred maintenance of all elements of the property;

2.

Mechanical Report. A report by a California licensed mechanical contractor detailing the age, condition, size, and the cost of replacement for each appliance and piece of mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed;

3.

Pest Inspection Report. A report by a California licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Any infestation shall be remedied prior to sale;

4.

Paint Report. A report by a California licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint; and

5.

Roof Report. A report by a California licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement.

E.

Construction Standards, Zoning Standards, and Design Guidelines.

1.

Construction Standards. Conversion projects shall be required to conform with the following:

a.

All work necessary to complete the conversions and the correction of any prior non-permitted alterations shall be required to conform to requirements of the current City-adopted Building Codes;

b.

At the time of conversion, the project shall comply with all accessibility requirements of the California Building Code (CBC). The extent of the modification shall be guided by the CBC in effect at the time of building permit issuance for the accessibility modifications; and

c.

Gas, electricity, and water shall be separately metered for each dwelling unit. A shutoff valve for each utility shall also be provided for each unit.

2.

Development Code Standards. Conversion projects shall comply with the following Development Code requirements:

a.

Provide similar roof treatments for garages or carports as the main structures, pursuant to Section 9-24.060(B)(1)(a);

b.

Upgrade exterior lighting pursuant to Section 9-30.040;

c.

Screen roof equipment pursuant to Section 9-24.060(B)(1)(f);

d.

Provide trash enclosures pursuant to Section 9-24.060(B)(2)(a);

e.

Provide storage areas pursuant to Section 9-24.060(B)(2)(b); and

f.

Provide the required number of parking spaces pursuant to Section 9-34.060.

3.

Design Guidelines. The following design guidelines are strongly encouraged for use when converting existing apartments to condominiums. ( Note: All condominium conversion design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.)

a.

Follow the landscape design standards found in the Citywide Landscape Guidelines;

b.

Screen all above ground utility equipment and service meters visible from the street;

c.

Provide an overall circulation system that avoids circuitous or confusing travel paths and dead ends;

d.

Provide adequate vehicle stacking room and parking stalls outside of the gates, for gated projects;

e.

Incorporate significant vertical and horizontal articulation into each building; and

f.

Conversions designated for sale only to seniors should incorporate universal design guidelines. The term "accessible" is defined as pursuant to Chapter 11A of the California Building Code. The design features include:

(1)

Doors, openings, and entries:

(a)

Accessible primary front door, doorway, and threshold;

(b)

Accessible interior doors and doorway;

(c)

Accessible secondary exterior doors, doorways, and thresholds;

(d)

An entry door sidelight or high and low peephole viewer;

(e)

Accessible sliding glass door;

(2)

General interior adaptations:

(a)

Accessible routes to at least one bedroom, bathroom, and kitchen from the primary entrance;

(b)

Accessible switches, outlets, and thermostats;

(c)

Closet rods and shelves adjustable from three feet to five feet and six inches high;

(3)

Kitchen:

(a)

Accessible floorspace at appliances;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Enhancements such as a contrasting color edge at countertops, antiscald device on plumbing fixtures, and undercabinet lighting;

(4)

At least one bathroom within each unit:

(a)

Grab bar backing installed adjacent to and within the bathtub/shower in each bathroom;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Accessible stall shower designed per CBC 11A, or roll-in shower designed per CBC 11B, in lieu of a standard tub, shower, or tub/shower combination;

(d)

Accessible faucet handles and an adjustable handheld showerhead;

(e)

Enhancements such as a contrasting color edge at countertops, and antiscald device on plumbing fixtures;

(5)

Project site. Required paths of travel must have a slip-resistant surface suitable for walkers and wheelchairs, such as concrete, mortarless interlocking pavers, or other smooth surfaces as approved by the Deputy Director/City Planner.

F.

Vacancy rate. Condominium conversions shall be prohibited when the City's vacancy rate for rental apartments is less than five percent, as determined by the most recent Apartment Survey prepared by the City, at the time a conversion application is submitted.

G.

Occupancy limitation. The CC&Rs for the project shall stipulate that each converted condominium unit be owner-occupied for an initial five-year time period, and that no more than 20 percent of the units may be rented at any time.

H.

Affordable housing. The applicant shall enter into an agreement with the City to sell 25 percent of the total number of units to very low- and low-income households. This agreement shall also ensure that all affordable units be sold with an affordability covenant that restricts the affordable housing cost for a minimum of 45 years.

I.

Tenant benefits.

1.

Moving expenses and relocation assistance. The applicant shall provide relocation/moving assistance equal to three times the monthly rent to any tenant household living in any unit of the project at the time of final map approval, provided such tenant is not otherwise in default of the rental agreement. A tenant moving into the apartment after final map approval will not be required to be provided with moving expenses. When the tenant has given notice of his intent to move prior to City approval of the final map, eligibility to receive assistance shall be forfeited. If the tenant elects to purchase a unit, such relocation assistance shall be applied to the tenant's purchase of the unit.

2.

Lease extension. The applicant shall offer a three-year lease extension to qualifying very low- and low-income tenants, as defined by the latest publicly available figures from the U.S. Department of Housing and Urban Development (HUD), for household incomes for the County of Ventura. Reasonable annual rent increase shall be allowed, but shall not exceed the increase in the Los Angeles-Long Beach Area Consumer Price Index (CPI), or any successor index designed to determine general increases in housing costs, for the preceding 12-month period. Provisions setting forth this limitation on rent increases shall be incorporated into such lease. The applicant shall provide evidence that such offer has been made to eligible tenants prior to filing for approval of the final subdivision map.

(§ 2, Ord. 1102, eff. November 9, 2006)