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