HomeMy WebLinkAboutOrdinance No. 2095 ORDINANCE NO. 2095
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING ARTICLE 19 OF THE
AZUSA MUNICIPAL CODE BY ADDING CHAPTER
19 . 61 REGULATING AND CONTROLLING
CONDOMINIUM CONVERSIONS.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS :
SECTION 1. Chapter 19 . 61 of Article 19 of the
Azusa Municipal Code is added to read as follows :
"Chapter 19 . 61. CONDOMINIUM CONVERSIONS.
Sections :
19 . 61 . 010 Purpose.
19. 61. 020 Date of Conversion.
19 . 61. 030 Conditional Use Permit Required.
19. 61. 040 Requirements and Procedures .
19 . 61. 050 Physical Standards for Condominium Conversions .
19 . 61. 060 Application Requirements .
19 . 61. 070 Additional Submittals .
19 . 61. 080 Copy to Buyers.
19. 61. 090 Hearing.
19 . 61. 100 Tenant Provisions .
19 . 61. 110 Fees.
"Section 19 . 60 . 010 PURPOSE.
(a) To establish criteria for the conversion
of existing multiple family rental housing to
condominiums .
(b) To reduce the impact of such conversions
on residents in rental housing who may be
required to relocate due to the conversion
of apartments to condominiums .
(c) To insure that the purchasers of converted
housing have been properlyinformed as to the
physical condition of the structure which is
offered for purchase.
(d) To insure that converted housing achieves
high quality appearance and safety, and is
consistent with the goals of the City' s General
Plan and conforms or is legally non-conforming
with the density requirements of the General
Plan' s Land Use Element.
(e) To attempt to provide an opportunity for
housing ownership of all types, for all levels
of income and in a variety of locations .
(f) To attempt to maintain a supply of rental
housing for low and moderate income persons and
families .
"Section 19 . 61. 020 DATE OF CONVERSION.
As used in this Chapter, the "date of conversion"
for condominium conversions shall mean the date
the final or parcel map for the project is
approved by the City Council.
"Section 19 . 61. 030 CONDITIONAL USE PERMIT
REQUIRED.
Conditional Use Permit Required. No person,
firm, corporation, partnership or other
entity shall convert existing dwelling units
to a condominium subdivision without first
having said conversion approved by the Plan-
ning Commission or the City Council, and having
been issued a conditional use permit pursuant
to Sections 19 . 60. 060 through 19 .60.150 .
"Section 19. 61. 040 REQUIREMENTS AND PROCEDURES.
No existing building shall be approved for
conversion to a condominium project unless it
meets the standards set forth in the following
requirements:
(a) All residential buildings shall on the
date of conversion be in compliance with the
minimum standards of the Housing Code as
adopted by the City of Azusa and those of the
State of California.
(b) All buildings shall on the date of con-
version be in compliance with the exit and
occupancy requirements and the height and area
requirements for the type of construction and
occupancy involved as outlined in the Building
Code as adopted by the City of Azusa.
(c) All buildings sought to be converted are,
on the date of conversion, in all respects in
compliance with the Zoning Ordinance and the
goals and policies of the General Plan, or
legally nonconforming therewith.
(d) All condominium projects shall be subject
to all applicable provisions of the Subdivision
Map Act.
"Section 19 . 61. 050 PHYSICAL STANDARDS FOR
CONDOMINIUM CONVERSIONS.
To achieve the purpose of this article, the
Planning Commission, prior to the date of
conversion, shall require that all condominium
conversions conform to the Azusa Municipal Code
in effect at the time of approval except as
otherwise provided in this Chapter. The Planning
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Commission, prior to the date of conversion,
shall require conformance with the standards
of this section in approving an application
for conversion.
(a) Utility Metering.
(1) The consumption of gas and electricity
within each unit shall be separately metered
so that the unit owner can be separately billed
for each utility. A water shut-off valve
shall be provided for each unit and plumbing
fixture. Each unit shall have access to its
own meter (s) and heater(s) which shall not
require entry through another unit.
(2) Each unit shall have its own panel, or
access thereto, for all electrical circuits
which serve the unit.
(b) Condition of Equipment and Appliances .
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
proper 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 proper working condition.
(c) Refurbishing and Restoration. All main
buildings, structures , fences , patio enclosures ,
carports, accessory buildings , sidewalks, drive-
ways, landscaped areas, irrigation systems and
additional elements as required by the Conditional
Use Permit shall be refurbished and restored as
necessary to achieve high quality appearance and
safety.
(d) Common Attic Area. All common attic area (s)
over individual dwelling units shall be separated
by sound rated assemblies from the top of wall to
bottom of roof sheathing over all common or party
walls and the appropriate access to each attic space
shall be provided in accord with the adopted
building code (s) .
"Section 19 . 61. 060 APPLICATION PROCEDURE.
In addition to such other application requirements
as the Planning Commission may deem necessary and
those requirements as set forth in Section 19 .61. 040
above, no application for a condominium conversion
project shall be accepted for any purpose unless the
application includes the following:
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(a) A physical elements report which shall
include but not be limited to:
(1) 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 a licensed 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 shall
be provided.
(2) 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.
(3) A building history report including the following:
(a) The date of construction of all elements of
the project;
(b) A statement of the major uses of said project
since construction;
(c) 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;
(d) Failure to provide information required by
subsections (a) through (c) , inclusive, shall be
accompanied by declaration, given under penalty of
perjury, setting forth reasonable efforts undertaken
to discover such information and reasons why said
information cannot be obtained.
"Section 19. 61. 070 ADDITIONAL SUBMITTALS.
(a) Specific additional information required to be
submitted with the application concerning the
characteristics of the project, shall include but
not be limited to the following:
(1) Rental rate history for each type of
unit for previous five (5) years;
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(2) Makeup of existing tenant households,
including family size, length of residence,
age of tenants, and whether receiving federal
or state subsidies;
(3) Proposed sale price of unit;
(4) Proposed Homeowner' s Association fees ;
financing available; and
(5) Names and addresses of all tenants .
(6) Failure to provide information required by
subsections (1) through (5) , inclusive, shall be
accompanied by declaration given under penalty of
perjury setting forth reasonable efforts under-
taken to discover such information and reasons
why said information cannot be obtained.
(b) 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.
"Section 19. 61. 080 COPY TO BUYERS.
The original owner shall provide each purchaser
with a copy of all reports (in their final,
acceptable form) , along with the Department of
Real Estate white report, prior to said purchaser
completing an escrow agreement or other contract
to purchase a unit in the project, and said
developer shall give the purchaser sufficient
time to review said reports . Copies of the reports
shall be made available at all times at the sales
office and shall be posted at various locations, as
approved by the City, at the project site.
"Section 19 . 61. 090 HEARING.
Prior to approval, the Planning Commission shall
hold a public hearing in accord with the provisions
of Chapter 19 . 60 . In addition to the notification
required by this Chapter, notice of the hearing
shall be mailed to each tenant at least ten (10)
days prior to the public hearing on the conditional
use permit and posted on the property.
"Section 19 . 61. 100 TENANT PROVISIONS .
(a) Notice of Intent. A notice of intent to con-
vert shall be delivered to each tenant's dwelling
unit. Evidence of delivery shall be submitted with
the application for conversion. The form of notice
shall be as approved by the Planning Department and
shall contain not less than the following:
(1) Name and address of current owner;
(2) Name and address of the proposed subdivider;
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(3) Approximate date on which the conditional
use permit application is to be filed;
(4) Approximate date on which the tentative map
is proposed to be filed;
(5) Approximate date on which the final map or
parcel map is to be filed;
(6) Approximate date on which the unit is to be
vacated by non-purchasing tenants;
(7) Tenant' s right to purchase;
(8) Tenant' s right of notification to vacate;
(9) Tenant' s right of termination of lease;
(10) Statement of limitations on rent increase;
(11) Provision for special cases; and
(12) Provision of moving expenses .
(b) 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 non-transferable 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.
(c) 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 eighty (180) 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. Once notice
of intent to convert is served to a tenant, any
existing long-term lease agreement may be
rescinded by the tenant without penalty. Notifica-
tion of such termination shall be submitted in
writing to the landlord thirty (30) days prior to
the termination of said lease.
(d) Increase in Rents . From the date of approval
of the Tentative Subdivision Map until the date of
conversion, no tenant' s rent shall be increased
(1) more frequently than once every six months , and
(2) at a rate greater than fifty percent (50%) of
the rate of increase in the Consumer Price Index
(all items, Los Angeles - Long Beach) , on an
annualized basis, for the same period. This
limitation shall not apply if rent increases are
provided for in leases or contracts in existence
prior to the filing date of the Tentative Map.
(e) Moving Expenses. The subdivider shall pro-
vide moving expenses of one and one-half (1-1/2)
times the monthly rent but in no case less than
five hundred dollars ($500) to any tenant who
relocates from the building to be converted after
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approval of the condominium conversion by the
City, except when the tenant has given notice
of his intent to move prior to receipt of
notification from the subdivider of his intent
to convert.
(f) Notice to New Tenants . After submittal of
the application to convert, any prospective tenants
shall be notified in writing of the intent to
convert prior to leasing or renting any unit and
shall not be subject to the provisions of sub-
sections (d) and (e) .
"Section 19 . 61. 110 FEES .
A filing fee of three hundred dollars ($300)
plus twenty-five dollars ($25) per dwelling
unit will be required with each request for a
condominium conversion. This fee is in addition
to any and all other fees required for
conditional use permits , subdivisions , permits
and plan checks and must be paid prior to
processing of the Conditional Use Permit or
review of the physical elements report or
any plan(s) relating to a condominium conversion. "
SECTION 2 . The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be
published as required by law.
PASSED AND APPROVED THIS 2nd day of June , 1980 .
YOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA
I , ADOLPH SOLIS, City Clerk of the City of Azusa,
do hereby certify that the foregoing Ordinance No. 2095
was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 19thday of
May , 1980. That, thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City
Council on the 2ndday of June , 1980, by the following
vote, to wit:
AYES: COUNCILMEN: Decker, Fry, Moses , Solem
NOES : COUNCILMEN: None
ABSENT: COUNCILMEN: Cruz
ADOLBli SOLIS, City Clerk
Publish Azusa Herald: June 12, 1980
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