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HomeMy WebLinkAbout119 - Ordinances ORDINANCE NO. 119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: PURPOSES: A. The City Council finds and determines that the conversions of apartments to community apartments, stock cooperatives and condominiums affect the public health, safety, and welfare; and that such projects, which are subject to the subdivision regulations of the State of California, should be regulated by local ordinance. The City Council determines a need to regulate the conversions of existing buildings to community apartments, stock cooperatives and condominiums so as to: 1. Encourage a balanced supply of rental and ownership housing in the community and a variety of choices of tenure, type, price, and location of housing. 2. Maintain and encourage the supply of affordable housing, both ownership and rental, for low-and-moderate income persons and families; and 3. Promote the residential stability and quality of the community by developing neighborhood identity, discouraging displacement of residents, and facilitating affordable home ownership opportunities and rental ownership opportunities for the community. The City Council, therefore, states its express intent to set such standards and regulations necessary to insure that apartments and like structures being converted will be in the best interest of the community. SECTION 2: DEFINITIONS; The words and terms used in this Chapter shall have the following meaning unless the context clearly indicates otherwise: A. Community Apartment: Community Apartment as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy. B. Condominiums: Condominiums as defined in Section 1350 of the Civil Code: "An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space." C. Conversion: The process or act of subdivision, in accordance with the Subdivision Map Act, of existing rental dwelling units into condominiums, community apartments or stock cooperative. D. Pest Report: An inspection and written report conforming to the requirements of Section 8516 of the Business and Professions Code of the State of California including documentation of conditions ordinarily subject to attach by wood destroying pests and organisms. Orcinance No. '.19 Page 2 E. Project: Project means a condominium, community apartment, and stock cooperative. F. Stock Cooperative: Stock cooperative as defined in Section 11003.2 of the Business and Professions Code: property consisting of dwelling units owned by a corporation whereby shareholders receive a right of exclusive occupancy in a portion of the real property owned by the corporation. SECTION 3: APPLICATION INFORMATION REQUIRED: No Tentative Map for the purpose of conversion will be accepted for filing unless it is accompanied by an application which in addition to the information required by the Subdivision Map Act and the Subdivision Ordinance, contains all of the following information and documentation: A. Specific Requirements: 1. Terms of proposed assistance, discount, or other financing program to be offered, if any, to present residents for the purpose of subsequent unit purchase; 2. Proposed program of relocation assistance to be offered by the applicant, if any; 3. Proposed Homeowner's Association fee; 4. Names and addresses of all tenants. When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Department. 5. The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of said notice is not submitted. 6. A report of field test by a qualified independent testing agency as specified in the Uniform Building Code showing that the wall separation and the floor and ceiling separation between units shall provide the same airborne sound insulation as required by the most current Uniform Building Code requirements adopted by the City. If the report shows that these standards are not met then the applicant shall indicate that he will complete improvements necessary to meet these requirements prior to any sale of said converted apartments. In cases where units are occupied by tenants, who have initiated a contract for the purchase of the units, the improvements for such soundproofing shall be complete prior to the sale of the unoccupied units. 7. A copy of the proposed declaration of covenants, conditions and restrictions which will apply and which shall include an agreement for common area maintenance, including facilities and landscaping, together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within a project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. Ordinance No. 119 Page 3 8. A physical elements reports which shall include but not be limited to: (a) A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: Roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air—conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. (b) A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (c) A Building history report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said project since construction; (3) The date and description of each major repair or renovation of any structure or structural element since the date of construction. For the purposes of this subsection a "major repair" shall mean any repair for which an expenditure of more than $1,000 was made; (4) Statement regarding current ownership of all improvements and underlying land; (5) Failure to provide information required by subsections (1) through (4), inclusive, shall be accompanied i;_ an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained. 9. Other information which, in the opinion of the Planning Commission, will assist in determining whether the proposed project is consistent with this chapter. SECTION 4: PROPERTY DEVELOPMENT STANDARDS: A. General Requirements: No Final Map for the purposes of condominium conversion will be accepted for filing unless the following requirements, which shall be conditions of approval of the tentative map are approved: 1. Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted Uniform Building Code or other applicable law or regulation. 2. Each unit shall have installed smoke detectors as required by the latest adopted edition of the Uniform Building Code. Ordinance No. 119 Page 4 3. For each unit there shall be provided a minimum of two covered, on-site parking spaces per unit in a garage or carport, plus an additional 20% of the total spaces provided for guest parking non-covered. 4. Each dwelling unit shall be separately metered for gas and electricity unless the City approves a plan for equitable sharing of communal metering. 5. Each unit shall be provided with separate water shut-off valves and electrical main shut off. 6. Each area for trash placement and pickup shall be adequately designated and all refuse shall be removed on a regularly scheduled basis from the premises. 7. Permanent mechanical equipment which the Building Official determines is a potential source of vibration or noise shall be shock mounted or isolated, or otherwise mounted in a manner approved by the Building Official to lessen the transmission of vibration and noise. 8. Illuminated addresses, and if found necessary by the Planning Commission, directory maps, for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project. 9. At least 125 cubic feet of enclosed, weatherproof, lockable storage space is to be provided for each unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either within or exterior to, but shall bear a reasonable locational relationship to each unit. 10. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. 11. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air-conditioners that are provided are in working condition as of the close of escrow. At such time as the Homeowner's Association takes over management of the development, the applicant shall provide written certification to the Association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the Association is in working condition. B. Application Requirements: The applicant shall provide the City with a tentative subdivision map in conformance with the State Subdivision Map Act and local ordinance and a development plan of the project including, but not limited to: 1. Dimensions and location of each building or unit, and the location of all fences or walls. 2. Building elevations indicating the type of construction material existing and proposed; 3. Typical floor plans of existing units with square footages of each unit indicated and the number of units per plan; 4. Location of common area and amenities existing or proposed; Ordinance No. 119 Page 5 5. Location and dimensions of parking garage, carport, parking area, access-ways, and any other on-site area reserved for vehicular use; 6. Location of areas for exterior storage space for individual occupants; 7. Landscape plan per City standards which specifies proposed trees, shrubs, plants, and ground cover, and indicates existing landscape massing. Species, quantity, and sizes shall be indicated for proposed landscaping only. 8. Evidence that a notice of intent to convert shall be delivered to each existing tenant's dwelling unit. The form of the notice shall be as approved by the Community Development Department and shall contain not less than the following: (a) Name and address of current owner; (b) Name and address of the proposed subdivider; (c) Approximate date on which the tentative map is proposed to be filed; (d) Tenant's right to purchase; (e) Tenant's right of notification to vacate; (f) Tenant's right of termination of lease; (g) Provision for special cases; and (h) Provision of moving expenses. (i) Tenant's Right to Purchase. As provided in Government Code Section 66427.1(b) any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least sixty (60) days from the date of issuance of the Subdivision Public Report or commencement of sales, whichever date is later. (j) Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than one hundred-twenty (120) days from the date of receipt of notification from the owner of his intent to convert, or from the filing date of the Final Subdivision Map, whichever date is later, to find substitute housing and to relocate. (k) Other information as may be deemed necessary by the Community Development Department. 9. Any other information that the Director of Community Development deems necessary to determine whether the proposed project is consistent with this chapter. SECTION 5: EXEMPTIONS: In the event that any of the Property Development Standards required for the Conversion causes practical difficulties and are determined to be unnecessary or would result in excessive costs, the Planning Commission Ordinance No. 119 Page 6 may waive, reduce or modify the requirement. Waivers shall only be made for parking, laundry facilities, storage provisions for individual units, and noise and energy requirements. SECTION 6: CONVERSION LIMIT PROCEDURE: A. Annual Limit. The City shall approve the conversion of no more than one-half (�) the number of multi-family rental dwellings added to the City's housing stock (i.e. dwelling units completed and ready for occupancy) during the preceding year, in any one calendar year. The number of multi-family rental units added in one year shall be determined as follows: From January 1 through December 31, the total number of multi- family rental units given a final building inspection and occupancy permit minus the number of such units demolished, removed from the City, or converted to non-residential use. If approval for a project expires prior to recordation of the Final Tract Map for that project, the number of dwelling units provided in the expired project shall be added to the allocation in the calendar year of expiration. For a one-time only basis, this ordinance shall establish 264 dwelling units available for conversion in 1980. B. Time Limit. Any multi-family rental unit constructed after the effective date of this ordinance shall be allowed to convert to condominiums subject to the provisions of this ordinance, five years from the date of the final occupancy of the project. C. Expiration. Section 6A shall become null and void five (5) years after the effective date of this ordinance. SECTION 7: ACTION BY PLANNING COMMISSION: A. The City shall make the following findings in addition to the findings otherwise required for a Tentative Tract Map in order to approve a Tentative Tract Map for the purpose of conversion: 1. The proposal is compatible with the objective, policies, elements and programs specified in the General Plan and any applicable specific plan. 2. The design or improvement of the project is consistent with applicable, general and specific plans. 3. The proposal is consistent with the purposes of this chapter. 4. The proposal promotes with the health, safety and welfare of the residents of the City. The action of the Planning Commission is final unless appealed in writing to the City Council within fifteen (15) calendar days. SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 119 Page 7 PASSED, APPROVED, and ADOPTED this 1st day of October, 1980. AYES: Frost, Mikels, Bridge, Schlosser NOES: Palombo ABSENT: None Phil p D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk