HomeMy WebLinkAboutOrdinance 523I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 523, adopted by the
Atascadero City Council at a regular meeting thereof held on December 11, 2007, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ADDING CHAPTER 9-12, REPEALING CHAPTER 11-12,
AND AMENDING SECTIONS 11-2.09 AND 11-4.02 OF THE
ATASCADERO MUNICIPAL CODE RELATING TO CONDOMINIUM
DEVELOPMENTS AND CONDOMINIUM CONVERSIONS
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA 93422 (Applicants) to consider a Municipal Code Amendment
affecting Titles 9 and 11 to establish procedures for condominium development and
condominium conversion of rental apartment to "for sale" condominium units; and,
WHEREAS, the proposed amendments to the Municipal Code are exempt from review
under the California Environmental Quality Act (CEQA) because CEQA Guidelines Section
15061(b)(3) exempts activities which are covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. The
proposed Condominium Development and Condominium Conversion Ordinance does not have
the potential to cause a significant effect on the environment. The majority of the conditions
imposed by this ordinance will not result in physical changes in the environment, because they
affect social and economic conditions, such as by requiring additional project review, affordable
housing, relocation payments to tenants, protections against evictions, and similar social
conditions which do not affect the physical environment; and the only change in property
development standards imposed by this Ordinance, in regard to exterior lighting, is categorically
exempt from CEQA as a minor alteration (Class 15301) to an existing facility involving no
expansion of use; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enact this Condominium Development and Condominium Conversion Ordinance to protect the
health, safety, and welfare of its citizens by applying orderly development, ensuring adequate
open space, adequate long term maintenance procedures and protecting rental housing units and
expanding affordable housing opportunities within the City; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject
Condominium Development and Condominium Conversion Ordinance was held by the Planning
Commission of the City of Atascadero on October 16, 2007, at which hearing evidence, oral and
documentary, was admitted on behalf of said Text Amendments; and,
WHEREAS, the Planning Commission recommended approval of said Ordinance to the
City Council; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject
Condominium Development and Condominium Conversion Ordinance was held by the City
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City of Atascadero
Ordinance No. 523
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Council of the City of Atascadero on November 27, 2007, at which hearing evidence, oral and
documentary, was admitted on behalf of said Text Amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain
as follows:
Section 1. The City Council hereby adopts the recitals contained above as findings to support the
adoption of an ordinance concerning condominiums and condominium conversions.
Section 2. Chapter 12, Condominiums and Condominium Conversions, is added to Title 9,
Zoning and Planning, of the Atascadero Municipal Code, to read as follows:
Chapter 12 CONDOMINIUM DEVELOPMENT AND CONDOMINIUM CONVERSIONS
ARTICLE 1. GENERAL PROVISIONS
9-12.101 Purpose and intent.
9-12.102 Definitions.
ARTICLE 2. REVIEW PROCEDURES
9-12.103 Applicability.
9-12.104 Required approvals.
9-12.105 Application requirements for condominium projects and condominium
conversions.
9-12.106 Special application requirements for residential condominium conversions.
9-12.107 Special noticing requirements for residential condominium conversions.
ARTICLE 3. PROPERTY REQUIREMENTS
9-12.108 Conditions of approval.
9-12.109 Special conditions of approval for residential condominium conversions.
9-12.110 Exceptions to property improvement standards for condominium conversions.
9-12.111 Special findings required for approval of condominium conversions.
ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL
CONDOMINIUM CONVERSIONS
9-12.112 Tenants' rights.
9-12.113 Reports to be furnished to prospective purchasers.
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Ordinance No. 523
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ARTICLE 1. GENERAL PROVISIONS.
9-12.101 Purpose and intent.
The purpose of this Chapter is to:
(a) Provide design and property improvement standards for condominium and condominium
conversion projects;
(b) Ensure that a homeowners' association for residential projects or a property owners'
association for commercial/industrial projects is established that is adequately funded and
organized to repair and maintain all common areas, infrastructure and structures;
(c) Ensure that all condominium projects, including condominium conversion projects, provide
necessary and useable easements to, and for, open space, ingress, egress, and utility and structure
repair and maintenance.
(d) Ensure that all condominium projects, including conversion projects, provide inclusionary
housing units under the City's Inclusionary Housing Policy.
(e) Ensure that the City maintains an adequate supply of rental multiple dwelling units affordable
to lower and moderate income persons and a diversity of housing types, in compliance with the
Land Use Element and Housing Element of the City's General Plan;
(f) Reduce the impact of condominium conversions on residents of rental housing who may be
required to relocate;
(g) Ensure that housing converted to condominiums is constructed at a standard that is consistent
with current building codes;
(h) Ensure that all common areas are readily useable and accessible to all residents.
9-12.102 Definitions.
The following definitions are applicable to this Chapter.
Affordable Ownership Cost. A reasonable down payment and an average monthly housing cost
during the first calendar year of occupancy, including mortgage loan principal and interest,
mortgage insurance, property taxes and property assessments, homeowners insurance,
homeowners association dues, if any, and all other dues and fees assessed as a condition of
property ownership, which does not exceed: (A) one -twelfth of 30 percent of 50 percent of area
median income for very low income households; (B) one -twelfth of 30 percent of 80 percent of
area median income for lower income households; or (C) one -twelfth of 30 percent of 120
percent of area median income for moderate -income households. However, within
redevelopment project areas, monthly housing costs shall not exceed: (A) one -twelfth of 30
percent of 50 percent of area median income for very low income households; (B) one -twelfth of
30 percent of 70 percent of area median income for lower income households; or (C) one -twelfth
of 35 percent of 110 percent of area median income for moderate -income households. In
calculating the affordable ownership cost of a unit, area median income shall be adjusted for
assumed household size based on unit size.
Affordable Rent. Monthly rent, including a reasonable utility allowance and all mandatory fees
charged for use of the property, which does not exceed: (A) one -twelfth of 30 percent of 50
percent of area median income for very low income households; (B) one -twelfth of 30 percent of
60 percent of area median income for lower income households; and (C) one -twelfth of 30
percent of 110 percent of area median income for moderate -income households. In calculating
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Ordinance No. 523
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affordable rent for a unit, area median income shall be adjusted for assumed household size
based on unit size.
Area Median Income. The annual median income for San Luis Obispo County, adjusted for
household size, as published periodically in the California Code of Regulations, Title 25, Section
6932, or its successor provision, or as established by the City of Atascadero in the event that
such median income figures are no longer published periodically in the California Code of
Regulations.
Assumed Household Size. One person in a studio unit, two persons in a one -bedroom unit, three
persons in a two-bedroom unit, four persons in a three-bedroom unit, and one additional person
for each additional bedroom.
Condominium Project. Any common interest development as defined in Civil Code Section
1351, whether designed for residential, commercial or industrial use, including but not limited to
a condominium, planned development, stock cooperative, or community apartment project.
Condominium Conversion. The conversion of existing dwelling units that have been approved
for occupancy and cannot be sold individually into a common interest development as defined in
Civil Code Section 1351 (including a residential condominium, planned development, stock
cooperative, or community apartment project) or into any other ownership type in which the
dwelling units may be sold individually; or the conversion of existing non-residential space into
a common interest development as defined in Civil Code Section 1351.
Disabled Person. A person who has a physical or mental impairment that limits one or more
major life activities, anyone who is regarded as having such an impairment, or anyone who has a
record of such an impairment, as defined in the federal Fair Housing Act or Americans with
Disabilities Act.
Lower Income Household. A household whose income does not exceed the lower income limits
applicable to San Luis Obispo County, as published and periodically updated by the California
Department of Housing and Community Development pursuant to Section 50079.5 of the
California Health and Safety Code.
Moderate Income Household. A household whose income does not exceed the moderate
income limits applicable to San Luis Obispo County, as published and periodically updated by
the California Department of Housing and Community Development pursuant to Section
50079.5 of the California Health and Safety Code.
Residential Development. All dwelling units located on one parcel or on contiguous parcels and
owned, operated, or managed by one entity, or which were constructed as part of one
development project.
Very Low Income Household. A household whose income does not exceed the lower income
limits applicable to San Luis Obispo County, as published and periodically updated by the
California Department of Housing and Community Development pursuant to Section 50105 of
the California Health and Safety Code.
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Ordinance No. 523
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ARTICLE 2. REVIEW PROCEDURES
9-12.103 Applicability..
The procedures and standards contained in this chapter shall apply to all condominium projects
and all condominium conversions, except for condominium conversions for which a complete
application was made prior to March 1, 2006.
No residential condominium conversion may be considered to include four units or less unless it
is contained within a residential development that contains no more than four dwelling units.
9-12.104 Required approvals.
No condominium project or condominium conversion shall be permitted unless a conditional use
permit is approved pursuant to the provisions of this Chapter and Section 9-2.109 of this Code.
Condominium projects and condominium conversions shall also require a tentative and final map
pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the
Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and
ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11
of this Code for conditional use permits and tentative maps, respectively, except as modified by
the provisions of this Chapter.
9-12.105 Special application requirements for condominium projects and condominium
conversions.
A conditional use permit application for a condominium project shall be completed and
submitted along with a completed environmental assessment form and all other information as
described on the checklist attached to the application.
An application for a tentative map or tentative parcel map shall be submitted concurrently with
the conditional use permit application. The tentative map or tentative parcel map shall be
accompanied by all information described in the checklist attached to the application.
Where the information requirements for a conditional use permit and tentative map conflict, the
requirements for the greatest amount of information shall apply.
9-12.106 Application 'requirements for residential condominium conversions.
The conditional use permit application for a residential condominium conversion shall be
accompanied by an application for a tentative map as required by Title 11 of this Code. The
application shall include all information required by Title 11 and by Section 9-2.109 and the
following additional information:
(a) Housing Impact Report. A report that describes: the number of households that may be
displaced; the numbers of persons residing in all households; the age and income levels of all
tenants; units occupied by persons who are over sixty-two (62) years of age, disabled, or between
five (5) and eighteen (18) years of age; the square footage, number of bedrooms, rental rates, and
vacancy rate of all units for the previous three years; and documentation of the community -wide
number of rental units with similar rental rates. The Housing Impact Report shall also include the
location of the proposed affordable units required by Section 9-12.108(a) and their proposed
affordability level, except for condominium conversions of four units or less.
(b) Property Condition Report. A detailed description of the physical condition of the property,
including:
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(1) Property and structural compliance with the current building and zoning codes,
including foundations, ventilation, utilities, walls, roofs, windows, mechanical and electrical
equipment, appliances which will be sold with the units, common areas, roads, paved and
parking areas, utilities, and infrastructure. The report shall state, to the best knowledge of the
applicant, and for each element: the date of construction, the condition, the expected useful life,
the cost of replacement, and any variation from current building and zoning codes. The report
shall identify all defective or unsafe elements or those which may impair use and enjoyment of
the property; corrective measures required to meet current code standards; modifications needed
to meet current sound attenuation and energy conservation standards; estimated costs of needed
repairs and annual maintenance costs, including a sinking fund; and the estimated annual amount
of homeowners' association fees. The report shall be prepared by a registered civil or structural
engineer or architect;
(2) A report from a licensed pest -control operator describing in detail the presence and
effects of any wood destroying organisms; corrective measures; and estimated repair costs;
(3) A report of any known soil or geological problems, prepared by a licensed
geotechnical engineer; required and recommended corrective measures; and estimated repair
costs. Reference shall be made to any previous soils or geotechnical reports prepared for the site.
(4) A report by the Building Official, Fire Marshal, and Planning Services, or designee,
regarding the building's and site's compliance with current building and zoning codes and listing
any code violations found.
(c) Site Plan. A site plan which shall include at least the following:
(1) The location, number of stories, number of dwellings, and proposed use of each
structure to remain and of any proposed new structure;
(2) The location, use, and type of surfacing for all open storage areas;
(3) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking
areas, and curb cuts;
(4) The location and number of all covered and uncovered parking spaces;
(5) The location of all existing and proposed utility lines and meters;
(6) The location, height and type of materials for walls and fences;
(7) The location of all landscaped areas, the type of landscaping, method of irrigation,
exterior lighting, and a statement specifying private or common maintenance;
(8) The location and description of all recreational facilities;
(9) The location, size, and number of parking spaces to be used in conjunction with each
unit;
(10) The location, type, and size of all drainage pipes, structures, and basins;
(11) Existing contours, building pad elevations, and percent slope for all driveways and
parking areas.
(d) Tenant Information Package. A tenant information package that includes at least the
following:
(1) The name and address of developer and/or property owner;
(2) A copy of the Housing Impact Report and Property Condition Report that are
submitted in compliance with subsections (a) and (b) of this Section;
(3) The approximate sales price of each unit;
(4) Provisions for affordable housing in compliance with Section 9-12.108(a), except for
condominium conversions of four units or less; and
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Ordinance No. 523
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(5) A copy of the Notice of Intent to Convert required by Section 9-12.107(a).
The Tenant Information Package shall be delivered to each tenant within five (5) working days
after the Community Development Director has approved the Tenant Information Package.
(e) Evidence of Delivery of Required Notices.
(1) Signed copies from each tenant acknowledging receipt of the Notice of Intent to
Convert; or, for each tenant for whom a signed acknowledgment is not submitted. satisfactory
evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal
requirements for service by mail and was sent by U.S. certified mail, return receipt requested.
(2) Evidence to the satisfaction of the Community Development Director that all tenants
of the proposed condominium conversion have been, or will be, given all written notices required
by this Chapter and by the Subdivision Map Act, and that such notices have, or will, comply with
the legal requirements for service by mail. The applicant shall provide the City with copies of all
affidavits prepared in compliance with Code of Civil Procedure Section 1013a.
(f) Other Information. Any other information which in the opinion of the Community
Development Director will assist in determining whether the findings required by Sections 9-
2.109 and 9-12.111 of this Code can be made. The applicant shall submit to the City a copy of
each application for a public report made to the California Department of Real Estate, including
a copy of the supplemental questionnaire for apartments converted to condominiums.
9-12.107 Special noticing requirements for residential condominium conversions.
In addition to the notices of public hearing required by Section 9-1.110 and Section 11-4.06 of
this Code, the following additional notices shall be given. Notice shall comply with the legal
requirements for service by mail contained in Code of Civil Procedure Sections 1012, 1013, and
1013a or as otherwise required by law, or shall be made by personal delivery to each tenant or
other person entitled to receive notice, confirmed by written acknowledgement of receipt of the
notice. In addition, the Notice of Intent to Convert, Right to Purchase and Intention to Convert
Notice, and copies of City staff reports shall be delivered to each occupied dwelling unit
included in the proposed conversion. If a rental agreement was negotiated in Spanish, Chinese,
Tagalog, Vietnamese or Korean, all required notices to that tenant shall be issued in that
language. The applicant shall also provide any additional notice required by the Subdivision Map
Act or other state or federal law. It is the City's intent that the provisions of this Section 9-12.107
apply to all residential condominium conversions, including condominium conversions of four
units or less.
(a) Notice of Intent to Convert. The applicant shall give a written Notice of Intent to Convert to
each tenant at least sixty (60) days prior to submittal of the conditional use permit and tentative
map application for the condominium conversion. The notice shall be in the form prescribed by
the Subdivision Map Act and in addition shall include the following:
(1) Name and address of current owner;
(2) Name and address of subdivider;
(3) Approximate date on which the unit is to be vacated by nonpurchasing tenants if the
conditional use permit and tentative map are approved,
(4) The tenant's right to continue to rent the unit for at least one hundred and eighty (180)
days after the date of any approval of the conditional use permit and tentative map, or for up to
one (1) year beyond the one hundred eighty (180) -day termination period if any resident of the
unit is over 62 years of age, disabled, lower income, or has school-age children. The Notice of
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Intent to Convert shall describe how the tenant may establish that a resident of the unit is over 62
years of age, disabled, or has school-age children, or that the household qualifies as a lower
income household.
(5) The tenant's exclusive right to purchase the unit upon the same terms that the unit will
initially be offered to the general public, or on more favorable terms, for a period of at least
ninety (90) days after a subdivision public report has been issued by the California Department
of Real Estate or after commencement of sales, whichever is later.
(6) Except for condominium conversions of four units or less, provisions for affordable
housing as required by Section 9-12.108(a).
(7) A general description of the relocation assistance to be provided pursuant to Section
9-12.109(a)(1).
(8) The tenant's right to terminate any lease or rental agreement for the unit as provided
by Section 9-12.112(a).
(9) Protection from unjust eviction as required by Section 9-12.112(b).
(10) Limitations on rent increases as required by Section 9-12.112(c).
(11) City contact information (telephone, street address, and e-mail address).
(b) Notice to Prospective Tenants. Commencing not less than sixty (60) days prior to submittal
of the conditional use permit and tentative map application for the condominium conversion, the
applicant shall, before accepting any rent or deposit from any prospective tenant, provide the
prospective tenant with the notice required by Government Code Section 66452.8, a copy of the
Notice of Intent to Convert, and a copy of the Tenant Information Package, if it has been
approved by the Community Development Director.
(c) Tenant Information Package. The applicant shall provide all tenants with a copy of the Tenant
Information Package specified in Section 9-12.106(d) within five (5) working days of its
approval by the Community Development Director.
(d) Public Report Submittal Notice. The applicant shall provide a Public Report Submittal Notice
to each tenant within ten (10) days of the submittal of an application for a public report to the
California Department of Real Estate, in the form prescribed by the Subdivision Map Act. The
notice shall indicate that the public report will be available to the tenant upon request and that the
tenant's exclusive right to purchase commences no earlier than the date of issuance of the final
public report.
(e) Issuance of Public Report Notice. The applicant shall provide an Issuance of Public Report
Notice to each tenant within five (5) days after the date that the applicant receives the public
report from the California Department of Real Estate, in the form prescribed by the Subdivision
Map Act.
(f) Approval Notice. The applicant shall provide an Approval Notice to each tenant within ten
(10) days of any approval of the final map for the condominium conversion, in the form
prescribed by the Subdivision Map Act.
(g) Exclusive Right to Purchase Notice. The applicant shall provide each tenant with an
Exclusive Right to Purchase Notice at the beginning of the tenant's exclusive right for a period of
ninety (90) days to contract for the purchase of the unit upon the same terms that the unit will
initially be offered to the general public, or on more favorable terms. The Right to Purchase
Notice shall state the date that the ninety (90) -day period will commence, describe the terms on
which the unit is being offered, comply with the requirements of the Subdivision Map Act, and
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include the information for buyers specified in Section 9-12.113 and the subdivision public
report.
(h) Continued Right of Occupancy and Intention to Convert Notice. After City approval of the
conditional use permit and tentative map, the applicant shall provide each tenant with a
Continued Right of Occupancy and Intention to Convert Notice stating that each tenant will be
given a minimum period of one hundred eighty (180) days to vacate the unit, unless the period is
extended pursuant to Section 9-12.109(a)(2). This Continued Right of Occupancy Notice is not a
notice to terminate the tenancy as required by Civil Code Section 1946.1. The Notice shall be
consistent with the form prescribed by the Subdivision Map Act.
(i) Notices of Public Hearing and Copies of City Staff Reports. As required by the Subdivision
Map Act, the applicant shall provide each tenant with a copy of any hearing notice and any staff
report on the condominium conversion at least three (3) days prior to any public hearing on the
proposed condominium conversion.
ARTICLE 3. PROPERTY REQUIREMENTS
9-12.108 Conditions of approval. All residential condominium projects and all residential
condominium conversions shall comply with the following provisions prior to recordation of the
final map.
(a) Affordable Housing. Except for residential condominium projects and residential
condominium conversions of four units or less, the applicant shall agree to rent or sell twenty
(20) percent of the total number of residential units or units to be converted to very low, lower,
and moderate -income households, as follows:
(1) Four percent (4%) of the total number of units to be converted shall be rented or sold
at an affordable ownership cost or affordable rent to very low income households.
(2) Seven -and -one-half percent (7.5%) of the total number of units to be converted shall
be rented or sold at an affordable ownership cost or affordable rent to lower income households.
(3) Eight -and -one-half percent (8.5%) of the total number of units to be converted shall
be rented or sold at an affordable ownership cost or affordable rent to moderate income
households.
The units shall remain affordable for thirty (30) years, except that, if the condominium project or
condominium conversion is located within a redevelopment project area, the units shall remain
affordable for forty-five (45) years, if sold to qualifying households, or for fifty-five (55) years,
if rented to qualifying households. The affordable units shall be distributed throughout the
project and not concentrated in one location. Fractions of units of 0.5 or greater shall be rounded
up to the next highest whole number. For fractions of less than 0.5, the applicant may provide an
additional affordable unit or pay in -lieu fees established by the City prior to final map approval.
Tenants of the condominium conversion project who are income -qualified shall be given priority
to acquire the affordable units, and a lottery shall be used if necessary to determine unit
possession. The affordable units required by this section shall be provided in addition to any
existing deed restricted affordable units in the project. If the project is subject to the affordable
housing requirements of other ordinances or agencies, then the most restrictive requirements
shall apply. Prior to approval of the final map, an affordable housing agreement between the
applicant and the City shall be recorded to ensure continued affordability of the required
affordable units.
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(b) Association Documents. The declaration of covenants, conditions and restrictions, articles of
incorporation, bylaws, and contracts for the maintenance, management, or operation of any part
of the condominium conversion project shall be submitted to the City for review and approval
prior to approval of the final map, to ensure that the documents comply with all required
conditions of approval. In addition to the requirements of Civil Code Section 1355 and any
requirements which might be imposed by the City consistent with these regulations, the
organizational documents shall include provisions concerning the conveyance of units; the
assignment of parking; an agreement for common area maintenance, including facilities, utilities,
and landscaping; a proposed annual operating budget containing a reserve fund to pay major
anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual
homeowners dues. The declaration of covenants, conditions, and restrictions shall also contain
the following specific provisions:
(1) No trailers, boats, or recreational vehicles may be parked on the site.
(2) Vehicles may only be parked in designated parking areas.
(3) A provision establishing the obligation and duty of the governing body of the
homeowners association to continually maintain the common areas in a manner which, at a
minimum, ensures compliance with this Code, any conditions of approval, and all other
applicable laws, regulations, and standards.
(4) A provision for annual assessments for maintenance and for capital improvements.
(5) CC&R provisions required to comply with the City's conditions of approval may not
be modified without the City's consent.
9-12.109 Special conditions of approval for condominium conversions
(a) The following conditions are applicable to residential condominium conversions:
(1) Relocation Assistance. Following approval of the conditional use permit and tentative
map, the applicant shall enter into an agreement with the City to provide each tenant household
that vacates a unit with a relocation payment equal to three months rent for the unit currently
occupied by that household. The relocation payment shall be paid at least thirty (30) days before
the household vacates its unit. The applicant shall also provide active assistance in securing
comparable replacement housing for each tenant who will be displaced.
(2) Extension of Lease or Rental Agreement for Certain Tenants. For tenant households
that include a person over sixty-two (62) years of age or a disabled person, or if the household is
a lower income household, the applicant shall extend the household's rental agreement or lease
for one (1) year beyond the one hundred eighty (180) -day termination period specified in Section
9-12.107(h). For tenant households that include a dependent person attending kindergarten
through Grade 12, if the one hundred eighty (180) -day termination period ends in the middle of a
school year, then the applicant shall extend the household's rental agreement or lease until thirty
(30) days after the end of the school year.
(3) Warranty. The applicant shall provide a warranty for a period of one year from the
date of the sale of the last individual unit free of charge to the homeowners' association for all
project components that are owned or maintained by the association. The warranty shall
guarantee the condition of the common area items, including but not limited to roads, paving,
drainage systems, landscaping, and recreational facilities. The warranty shall also guarantee the
condition of all residential and/or common area structures, roofing, foundations, plumbing,
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electrical system, heating and ventilation, mechanical systems, and utilities. The City shall
review and approve the form of the warranty prior to approval of the final map.
(4) Right to Purchase. In conformance with the Subdivision Map Act, the applicant shall
provide each tenant with an exclusive right for a period of ninety (90) days to contract for the
purchase of the tenant's unit upon the same terms that the unit will initially be offered to the
general public, or on more favorable terms, as further described in Section 9-12.107(g).
(5) Building and Zoning Regulations. To the extent feasible, the residential condominium
conversion shall substantially comply with the City's building and housing codes and zoning
regulations in effect on the date the application for conversion is accepted as complete. All
modifications needed to meet current sound attenuation and energy conservation standards shall
be completed.
(6) Fire Safety. Each living unit shall be provided with approved smoke detectors as
required by the Building Code.
(7) Storage. The project shall provide at least one hundred (100) cubic feet of enclosed,
weatherproof, and lockable private storage space for each unit, exclusive of standard cabinets
and standard closets within the unit and the space normally required for parking a vehicle in a
garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two
and one-half (2.5) feet by four (4) feet and the minimum height shall be four (4) feet.
(8) Laundry Facilities. A laundry area, including space and utility connections for a
washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in
common laundry space. Common facilities shall consist of at least one washer and dryer for each
ten (10) units or fraction thereof.
(9) Private Open Space. Each unit shall have a minimum of one hundred (100) square
feet of qualifying private open space. To qualify, open space must be private and directly
accessible from the unit it serves, and must have a minimum dimension in every direction of ten
(10) feet for open space provided at ground level or six (6) feet for open space provided on a
balcony or elevated deck, and must be located outside the required front yard setback.
(b) The following conditions are applicable to all condominium conversions:
(1) _Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire
extinguishers, and other fire protection appliances shall be retained in operable condition at all
times and shall comply with the fire code requirements in place at the time the building was
constructed. Any conversion involving an addition or major renovations of the structure shall
substantially comply with the fire codes in effect on the date the application for conversion is
accepted as complete.
(2) Utility Metering. The consumption of gas, electricity, and water within each unit shall
be separately metered, and there shall be separate circuit breakers and shutoff valves for each
unit.
(3) Parking. The number of parking spaces, including the provision of covered spaces and
spaces for the disabled, shall meet current standards for the number of parking spaces, as
provided in Chapter 4 of Title 9 of this Code. Spaces for the exclusive use of each unit shall be
so marked. Visitor parking and special loading zones, if any, shall also be marked.
(4) Refurbishing and Restoration. All structures, common areas, sidewalks, driveways,
landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and
restored to a safe and usable condition, and as otherwise required by the Planning Commission
pursuant to the findings in the Property Condition Report.
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Ordinance No. 523
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(5) Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the
Police Department shall be installed in all parking areas and adjacent to exterior walkways. All
lighting fixtures shall be selected, installed, and oriented to prevent glare.
9-12.110 Exceptions to property improvement standards for condominium conversions.
Upon request by an applicant, the Planning Commission may approve exceptions to the property
improvement standards included in Section 9-12.109(a)(5) — (9) and Section 9-12.109(b) of this
Code. The nature of the exception requested shall be described in public notices for Commission
hearings on the condominium conversion. The Commission may approve exceptions to property
development standards only after a public hearing and if the Commission can make the findings
required by Section 11-9.02 of this Code.
9-12.111 Special findings required for approval of condominium conversions.
A conditional use permit for a condominium conversion may be approved only if the Planning
Commission finds that the condominium conversion conforms to all provisions of this Chapter,
including all conditions of approval required by Sections 9-12.108 and Section 9-12.109.
The following additional findings shall be made for residential condominium conversions:
(a) Prior to approval of the final map, the applicant has provided, or has made adequate
provisions to provide, all notices required by this ordinance and by the Subdivision Map Act.
(b) The proposed conversion will not displace a significant number of lower income or
moderate -income households or senior citizens, unless the same number of rental units, of the
same size and number of bedrooms, at the same rents, and in the same physical condition are
offered for rent in the City.
(c) The total number of residential rental units to be converted to condominiums in any calendar
year does not exceed twenty-five percent (25%) of the number of newly constructed rental
multiple dwelling units that were approved for occupancy in the City in the previous calendar
year. For purposes of this finding, "rental multiple dwelling units" include only those dwelling
units located in a multifamily structure which cannot be sold individually. This finding need not
be made for residential condominium conversions of four units or less.
ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL
CONDOMINIUM CONVERSIONS
9-12.112 Tenants' rights.
After the date of issuance of the Notice of Intent to Convert, each tenant in a proposed residential
condominium conversion shall have the following rights with respect to the tenant's unit:
(a) Right to Terminate Lease or Rental Ap-reement. The tenant may terminate a lease or rental
agreement, without penalty, upon thirty (30) days notice to the owner.
(b) No Unjust Eviction. Tenants who comply with the terms of their rental or lease agreements
and with the written regulations of the rental property may not be evicted until the expiration of
either the one hundred eighty (180) -day period specified in Section 9-12.107(h) or the extension
described in 9-12.109(a)(2), whichever is later.
(c) Limitations on Rent Increases. After the applicant has issued the Notice of Intent to Convert,
the rent for any dwelling unit shall not be increased for a one hundred eighty (180) -day period.
After the expiration of the one hundred eighty (180) -day period, the rent for any tenant may not
City of Atascadero
Ordinance No. 523
Page 13 of 14
be increased more than once annually, and such increase shall not exceed the rate of increase in
the consumer price index for the same period.
9-12.113 Reports to be furnished to prospective buyers.
In addition to those reports required by State law and any other provisions of this Code, the
applicant shall furnish each prospective purchaser of a dwelling unit with the following
documents:
(a) Property Condition Report
(b) Approved conditional use permit, including all conditions of approval.
Section 3. Chapter 12, Condominium Conversions, of Title 11, Subdivisions, of the Atascadero
Municipal Code, is hereby repealed.
Section 4. Section 11-2.09 of the Atascadero Municipal Code is hereby amended to read in full
as follows:
"Condominium conversion" means the conversion of existing dwelling units that have been
approved for occupancy and cannot be sold individually into a common interest development as
defined in Civil Code Section 1351 (including a residential condominium, planned development,
stock cooperative, or community apartment project), or into any other ownership type in which
the dwelling units may be sold individually; or the conversion of existing non-residential space
into a common interest development as defined in Civil Code Section 1351.
Section 5. Section 11-4.02 of the Atascadero Municipal Code is hereby amended to read in full
as follows:
Section 11-4.02 Filing of Tentative Map; Application; Condominium Conversion
The tentative map application shall be filed with the Community Development Department and
shall be prepared in accordance with these regulations, the Subdivision Map Act and the
Subdivision Guidelines and Standards Manual. The application shall be accompanied as many
copies of the tentative map as may be required by the Community Development Director. Any
application for a tentative map for a condominium conversion or for any condominium project or
other common interest development, as defined in Civil Code Section 1351, shall be
accompanied by an application for a conditional use permit as required by Chapter 12 of Title 9,
Planning and Zoning.
Section 6. All other provisions and sections of the Atascadero Municipal Code in effect on the
days preceding the passage of this ordinance shall remain in full force and effect upon passage of
this ordinance.
Section 7. This ordinance shall not be interpreted in any manner in conflict with controlling
provisions of State law, including without limitation, the Constitution of the State of California.
If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be
affected thereby. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
City of Atascadero
Ordinance No. 523
Page 14 of 14
any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared
unconstitutional, invalid or ineffective.
Section 8. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall
within fifteen (15) days of its adoption cause it or a summary of it to be published in the
Atascadero News, a newspaper published and circulated in the City of Atascadero; and thereupon
and thereafter this Ordinance shall take effect and be in force according to law.
INTRODUCED at a regular meeting of the City Council held on November 27, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
December 11, 2007, by the following roll call vote:
AYES: Council Members Beraud, Luna and Mayor Brennler
NOES: Council Members Clay and O'Malley
ABSTAIN: None
ABSENT: None
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Mike Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., C Clerk
APPROVED AS TO FORM:
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Brian Pierik, City Attorney
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