§ 13-42. Residential common interest development conversions—Additional standards

(a) Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied apartments to residential common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-41, residential common interest developments standards and requirements. To request a conversion, the applicant must provide evidence that the proposed project complies with the following requirement:

(1) If new or recent construction, the apartment complex has received final building permit approvals from the city.

(b) City council findings.

(1) The city council finds and declares that that the conversion of existing apartment buildings into common interest development projects may diminish the supply of rental housing and displace residents unreasonably.

(2) The city council further finds to avoid the foregoing problems and to reduce the displacement of long-term residents, particularly senior citizens and low- and moderate-income families and families with school-age children, the city council finds and declares it necessary and proper to regulate such conversions by the provisions herein for the health, safety, and welfare of the general public.

(3) The city council further finds it is the intent of these regulations to protect the interests of the community and prospective purchasers by requiring the applicant to provide certain information regarding the condition of the structure and to require reasonable improvements to ensure quality and to protect the health, safety, and general welfare of the public.

(4) The city council further finds that conversion of occupied or previously occupied residential apartments to condominiums (residential common interest developments) shall be prohibited from and after December 31, 2011, for any project which does not meet each and every development standard for common interest developments in place at the time of the proposed conversion, including by [but] specifically not limited to, number of parking spaces, on-site open space, landscaping and setbacks.

(c) Reserved.

(d) Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes as noted in section 13-42(f)(2).

(e) Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-41(c) residential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert apartments to a common interest development and shall be completed prior to recordation of the subdivision map.

(1) Tenant rights. Written proof of compliance with the requirements of applicable state statutes regarding the rights of existing tenants of the project.

(2) Structural report. A detailed structural report by a California-registered structural or civil engineer identifying the following information:

a. Date of original construction of all structures.

b. Any evidence of soils problems.

c. The condition of the building foundations, walls, ceilings, windows, doors, recreational facilities, parking facilities, and drainage facilities.

d. The condition of refuse disposal facilities; swimming pools, saunas/spas, fountains; fireplaces; and exterior lighting.

e. Compliance of all bedroom windows with the current California Building Code dimensions for emergency egress. Non-compliant windows shall be identified for replacement or other appropriate remediation.

f. Certification that all walls and floor/ceiling assemblies comply with current code requirements for sound transmission. Non-compliant walls and floor/ceiling assemblies shall be identified for replacement or other appropriate remediation.

g. Certification that the building's wood frames, sill plates, anchor bolts, connections, and foundation have been inspected and have a minimum life of 25 years and that all substandard elements have been identified for replacement or other appropriate remediation.

(3) Pest 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/or dry rot. The report shall describe what procedures are necessary to eliminate infestation or damage, if present.

(4) Paint report. A report by a California-licensed painting contractor verifying the condition of the paint on all building interior and exterior surfaces. A statement that new paint will be applied on all building interior and exterior surfaces may take place of the paint report. The statement shall include the brand name of the paint and the exterior colors to be used. For exterior surfaces, a minimum of three colors should be applied.

(5) Mold report. A report by a California-licensed mold specialist certifying whether or not all attached or detached structures are free of mold. The report shall describe what procedures are necessary to eliminate mold, if present.

(6) Mechanical equipment report. A report by a California-registered mechanical engineer certifying that all appliances and mechanical equipment for heating and cooling comply with the current California Mechanical Code. The proper measures to remediate any noncompliant appliances and mechanical equipment shall be identified.

(7) Electrical report. A report by a California-registered electrical engineer certifying that all electrical systems comply with the California Electrical Code. The proper measures to remediate the noncompliant system components shall be identified.

(8) Plumbing report. A report by a California-licensed plumbing contractor certifying that all plumbing systems comply with the current California Plumbing Code. All above ground plumbing that does not comply with the current code shall be identified for replacement. Included in this report shall be plumbing systems associated with any swimming pool, sauna, spa, and/or fountain. A camera test of the sewer lateral shall also be conducted under the direction of the applicable sanitary district, and any substandard sewer laterals shall be identified for replacement by the sanitary district. Onsite sewer clean-outs shall be indicated for installation pursuant to the direction of the applicable sanitary district.

(9) Roof report. A report by a California-licensed roofing contractor verifying that the roofs of all structures have an estimated remaining physical life of at least 25 years. A statement that new roof material will be applied may take place of the roof report. The statement shall include the specifications of the proposed roofing material.

(10) Asbestos report. A report by a California-licensed asbestos specialist indicating that the property does not pose any health hazards related to asbestos. The proper measures to remediate asbestos shall be identified, if necessary. This report is only required for buildings that were constructed prior to 1980.

(f) Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.

(1) Upon receipt of the application and all required documents, the planning division shall submit copies of applicable reports or documents to the fire department, building safety division and other appropriate departments.

(2) The development services director shall require an inspection of all buildings and structures in the existing development. An inspection report shall be prepared at or under his/her direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.

(3) The fire marshal may inspect the project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies.

(4) The planning division may submit copies of such documents required in subsection (e) to other departments for their review and requirements.

(5) The planning division shall review the property report submitted by the applicant and may require its revision and resubmission if found inadequate in providing the required information.

(6) The planning division shall keep and maintain the copies of all required reports, as public records, for no less than five (5) years, and shall send copies to the California Real Estate Commissioner as may be required by law.

(7) A final inspection report shall be made by the building official, upon request of the applicant, indicating the compliance with all the imposed requirements.

(g) Approval criteria.

(1) The final review authority shall utilize the development standards and requirements of this article as criteria in the approval of the conversion as herein provided.

(2) No residential common interest development conversion shall be approved until all required documents have been submitted, reviewed and found to comply with the provisions of applicable state law and this zoning code.

(3) All dwelling units shall be required to comply with current requirements for energy insulation, sound transmission control, and fire detection systems.

(4) The city council may adopt general standards that may be applied to residential common interest development conversion applications on a case-by-case basis. The final review authority may use these standards to impose conditions of approval on residential common interest development conversion applications to achieve the purpose of this article.

(h) Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

(1) Life safety standards. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation, unless otherwise noted.

a. Draft stops shall be installed in conformance with the current California Building Code.

b. Each unit shall have access to the electrical branch circuits that serve the unit, and each unit shall have a minimum 100-amp service.

c. Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and any additional smoke detectors that are required by code shall be installed.

d. Ground fault circuit interrupter protection shall be provided where required by the currently adopted electrical code.

e. Buildings that contain three or more stories or sixteen (16) or more dwelling units shall be provided with both a manual and an automatic fire alarm system in public areas.

f. Doors opening into public corridors shall conform to code requirements, including being self-closing and latching.

g. Interior doors opening into enclosed stairways shall be fire rated and self-closing and latching.

h. All public corridors shall have illuminated exit signs indicating the path of travel along the exit system and emergency backup power shall be provided for the exit signs.

i. Emergency backup power shall be provided for egress lighting in all public areas, including corridors, stairways, lobbies, attached parking garages and elevator cabs and shall provide a minimum illumination of one foot-candle at the floor level.

j. When applicable, a means of two-way communication shall be provided between all elevator cabs and the outside of the elevator.

k. Portable fire extinguishers shall be provided in accordance with the California Fire Code or any successor statute or regulation.

(2) Plumbing requirements. The following improvements shall be provided in accordance with the provisions of the California Plumbing Code or any successor statute or regulation.

a. A temperature and pressure relief valve shall be provided for all water heaters.

b. Water heaters shall be seismically braced with a minimum of two (2) straps.

c. Water heaters shall be properly vented to the outside and shall be provided with sufficient combustion air.

d. Potable water shall have a backflow protection where necessary to prevent potential cross connection.

e. Dishwashers shall be connected to the drainage system through an approved air gap fitting.

(3) Security requirements. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation.

a. Openings into individual dwelling units shall comply with the security provisions.

b. Doors will be equipped with appropriate deadbolt locks.

c. Required egress windows in sleeping rooms shall not be blocked by a security grill or grate, unless it has an approved release device.

(4) Compliance with zoning code provisions. With the exception of density standards, the project shall comply with all requirements of this zoning code, including but not limited to building setbacks, distance between buildings, parking, open space, and landscaping requirements, unless any zoning code requirement is superceded by an adopted specific plan or urban plan. The final review authority may approve a deviation from a zoning code standard in conjunction with the review of the conversion request, in conformance with the findings in section 13-29(g)(10) and provided that the following minimum standards are met.

a. If existing onsite parking does not conform to current requirements, at a minimum two and one-half (2.5) parking spaces for every two- to three-bedroom units, and 1.5 parking spaces for every studio and/or one-bedroom unit shall be provided. Additionally, one covered space shall be assigned to each unit. In no circumstance shall approval of a conversion application result in fewer onsite parking spaces than the number of spaces that existed onsite prior to the application submittal.

b. If existing onsite open space does not conform to current requirements for the development lot, at a minimum thirty (30) percent of the total lot area shall qualify as open space.

(5) Refurbishing and restorations. All main buildings, structures, walls, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the final review authority shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety. Specific improvements include:

a. Installation of all remedial improvements identified in the reports submitted pursuant to by section 13-42(e), documents required.

b. Installation of appropriate improvements that ensure acceptable sound transmission levels between units in each building and between units and parking facilities in conformance with the current California Building Code.

c. Installation of insulation in all walls and ceilings that has a minimum value of R-13 for walls and R-30 for ceilings.

d. Replacement of all gas lines (both interior and exterior) that do not comply with current code and conduct appropriate pressure test.

e. Provision of individual washer/dryer hook-ups for each unit.

f. Installation of double-glazed, low-E windows and exterior doors.

g. Installation of new sinks, faucets, toilets, and tubs/showers. Low water flow plumbing fixtures are recommended.

h. Installation of new appliances. Energy-efficient appliances are recommended.

i. Install new stucco, paint, and flooring as needed.

j. Waterproofing all exterior landings, staircases, and balconies.

k. Installation of roof-top solar energy panels is encouraged.

(6) Condition of equipment and appliances. The developer shall provide a one-year warranty to the buyer of each unit at the close of escrow on any appliance included in the unit as a condition of sale, including, but not limited to, dishwasher, garbage disposal, stove, oven, refrigerator, hot water tank, forced air unit, and air conditioner. At such time as the homeowners' association takes over management of the project, the developer shall provide written certification to the association that any improvements that are to be owned in common by the association, such as pools, spas, pool/spa equipment and any other appliances and mechanical equipment are in operable working condition. The developer shall also provide a one-year warranty on these appliances and mechanical equipment.

(7) Public report. Prior to the submittal of the recorded subdivision map with the state department of real estate, the developer shall submit to the planning division a copy of the preliminary public report, which shall list all structural and site improvements that were made to the conversion project.

(8) Onsite utilities. The developer shall underground all onsite utilities. In addition, all onsite utilities, such as gas, electricity, and water, shall be separately metered for each unit. Common areas may also require separate utility meters pursuant to the utility agency requirements.

(Ord. No. 07-17, § 1e., 10-2-07 )