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ORDINANCE NO. lzzz
AN QRDINANCE .AMG THE MUNICIPAL CODE OF HE CITY OF LODI BY
,.AMENDING. CHAPTER 8B RELATIVE TO COMMUNITY HOUSING PROJECT
CONVERSIONS OF RESIDENTIAL OR HOUSING UNITS, AND AMENDING SECTION
..45.,OF THE MUNICIPAL CODE RELATING TO THE REQUIREMENT OF A
$E 'PERMIT® FOR CONVERSION TO A COMMUNITY HOUSING PROJECT OF
RESIDENTIAL OR HOUSING UNITSs AND FOR THE CONSTRUCTION OF A
COMMUNITY HOUSING PROJECT, A CONDOMINIUM, A COMMUNITY APART-
MZNT A STOCK COOPERATIVE OR A PLANNED DEVELOPMENT,
The City Council of the City of Lodi does ordain as follows -
Section I, Chapter 8B to the City of Lodi Municipal Cock is hereby amended to
read in full as follows -
COMMUNITY HOUSING PROJECT CONVERSIONS
Section 8B-1. Purpose.
The purpose of the chapter is to:
(1) Establish criteria for conversion of the existing multi-
family rental housing to condominiums, community apart -
menta or stock cooperative
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(2) To reduce the impact of such oDnversions on residents in
rental housing who may be required to relocate during the
conversion of apartments to condominiums, by providing for
procedures for notifications for such relocation,
(3) To assure that the purchasers of converted housing have
been properly Informed as to the physical conditions of the
structure which is offered for purchase-,
(4) To insure that converted housing achieves a high degree of
appearance, quality, and safety and Is consistent with the
goals of the City of Lodi.
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(a) ,Associat10CP
m An organization of persons own a lot, parcel,
area, c6ndominium, shares In a stock cooperative, or right of
exclusive occupancy in a community housing project.
(b) Community Housing Project - A community housing project Includes
t`he following..
(1) A condominium project containing two or more condo-
miniums as defined in Section 783 of the Civil Code, to
merit:
"('Condominium.') A condominium is an estate in real
property consisting of an undivided interest in common
in a portion of a parcel of real property together with a
separate interest in space in a residential, industrial or
commercial building on such real property, such as an
apartment, office or store. A condominium may include
in addition a separate interest in other portions of such
real property. 11
"Such estate may, with respect to the duration of its
enjoyment be either (1) an estate of inheritance or per-
petual estate, (2) an estate for life, or (3) an estate for
years, such as a leasehold or a subleasehold® "
(x) A community apartment project containing two or more
rights of exclusive occupancy, as defined in Section
11004 of the BeaLness and Professions Code, to wits
"Community apartment projects. A community apart-
ment project In which an undivided interest in the laud
Is coupled with the right of exclusive occupancy of any
apartment located thereon... 11
(3) A stock cooperative containing two or more rights of ex -
elusive occupancy, as defined in Section 11003, 2 of the
Business and Professions Code, to wit:
"Stock cooperative. A 'stock cooperative' to a corporation
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° whQ Is formed or availed of primarily for the purpose of
holding title to, either in fee simple or for a term of years,
Improved real property® if all or substantially all of the
shard�olders of such corporation receive a right of exclusive
occupancy in a portion of the real property, title to which Is
held by the corporation, which right of occupancy is transfer-
able only concurrently with the transfer of the share or shares
of stock in the corporation held by the person having such right
of occupancy.
(4) A planned development containing two or more se paratelywowned
lots, parcels or area, as defined in Section 11003 of the
Business and Professions Code.
(c) Conversion m Conversion is a change in the type of ownership of a
parcel or parcels of land® together with the existing attached
structures to that defined as a coanmunity housing project, regard-
less of the present or prior use of such land and structures and
whether substantial improvements have been made to such structures.
Conversion shall not include a structure for which a condominium
plan has been recorded in accordance with the appropriate provi-
sions of the Civil Code.
Section 8B-3® Conditional Use Permits Required.
No conversion to a community housing project shall be permitted
warless and until a conditional use permit therefor has been applied for and
Issued pursuant to and in accordance with the provisions of Section 27-15 of
the Lodi Municipal Code and the addi�lonal requirements as set forth in this
chapte r.
Section 8B°-4 Application for Conditional Use Permit for Conversion.
In recognizing that the conversion of structures which have been
previously occupied, to a community housing project, presents unique problems
to Pres nt' tenant and future buyers, in addition to the requirement&
of Sections 27-15 of the Lodi Municipal Code relating to the application
fora use permit, the application for a conversion to a community housing
project shall include the following information:
(a) A physical elements report detailing the structural condition
of all elements of the propa rty, Including foundations,
electrical, plumbing, utilities, structural frame, roof,
windows, recreational facilities, sound transmissions
of each building, mechanical equipment, parking facilities,
and appliances
Regarding each such element, it shall be sufficient for
such reports to state to the best knowledge or estimate of
the applicant, when such element was built; the condition
of each element; when said element was replaced; the
approximate date upon which said element will require
replacement; the cost of replacing said elements; and
any variation of the physical condition of said element
from the current zoning and from the Uniform Housing
Code and Uniform Building Code in effect on the date
that the last building permit was issued for the subject
structure® The report shall identify any defective or
unsafe elements and set forth the proposed corrective
measures to be employed. Said report is to be pre-
pared by a licensed architect, engineer, inspector
or atria€lax° persona, as approved by the Community Develop -
meat Directors
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(b) A report from a licensed, structural peat control operator,
approved by the City, on each structure and each unit within
the structure
(C) A statement of repair& and Improvements to b,-.- made by the
(d) The date and description of each major repair and/or
renovation of any element since the date of construction®
For the purpose of this subsection, a major repair and/or
renovation shall mean any repair and/or renovation for which
an expenditure of more than Two `thousand Dollars ($2, 000® 00)
was made.
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(e) A statement regarding current ownership of all improvements
and underlying land®
(f) The name and mall inn address of each present tenant of the
() A declaration of covenants, conditions and restrictions which
would be recorded on behalf of any and all owners of the
community housing project as required by Section 8B-8 of
this chapter,
(h) A statement of the estimated annual operating and maintenance
costs for all common facilities and sere€ce5 for the next 3
years as prepared or reviewed by a professional management
firm familiar with operating and maintenance costs of similar
propertt' s in the area.
(i) A copy of a warranty or a statement granting to each purchaser
a one-year warranty on all appliances installed in his/her
unit, as required by Section 8B-9 of this chapter.
right to cancel his/her purchase of such unit without cost or
liability as required by Section 8B-9 of this chapter,
(k) Applicant shall submit evidence that a notification of the Notice
of intent to convert as per Section BB -9 of this chapter was
received by each tenant,
(1) Any other information which, in the opinion of the Community
Development Director, will assist in determining whether the
proposed project will be consistent with the purpose of this
chapte r®
(m) .A statement from the Public Warks Department listing all
onsite and off-site improvements necessary to bring the
project rap to City standards as per Section 8B -6(c)
of this chapter.
An applicant who is unable to provide the information required
by subsections (a) through (m), inclusive, shall submit an affidavit,
given under penalty of perjury, setting forth In detail all efforts
undertaken to discover such information, and all reasons why said
information cannot be obtained.
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Section 8B-5 The application for a conditional use permit for a conversion
shall not be complete until the final form of the physical Elements
Report and, other documents are approved by the Community Development
Department. The reports, in their acceptable form, shall remain on
file with the Community Development Department for review b -.v
interested personae The report shall be referred to the City of
Lodi planning Commission.
Section 813-b® Physical Standards for Condominium Conversions.
To achieve the purpose of this chapter, the'Planning Coxa mission
shall not approve a conditional use permit for any projectwhich
does not comply with the following physical standards unless
said standards cannot be reasonably complied with by applicant and.
the Planning Commission has waived or modified said standards -
(a) All Residential buildings shall be in compliance with
the minimum standards of the Uniform Housing Code
as adopted by the City of Lodi, In effect at the time of
the filing of the application to convert to a community
housing project®
(b) All buildings shall comply with the Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical
Code, Uniform Fire Code and National Electrical
Code that was in existence at the time that the building
was constructed®
(c) All projects shall comply with the City of Lodi develop-
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rnent requirements, including, but not limited to,
dedication of public utility easements, streets, rights-
of-way and construction of curb, gutter, sidewalk, streets,
drainage, street lighting, fire protection, water and sewer
service.
form, the City of Dodi development requirements applicable
to the project.
X£ the proposed project does not comply with the above three
standards, unless modified or waived by the Planning Commission,
any con4ition4l use permit issued pursuant to this chapter
shall require the applicant to furnish a bond in an amount equal,
to the reasonable estimated costs to bring the project into
compliance with the above. Said band shall run in favor of
individual purchasers and the Association.
Section 8B-7 Specific Physical Standards.
No conditional use permit for a community housing project
shall be approved unless the project conforms to the following
development standards, unless said development standards are
modified or waived by the Planning Cormrxiss€oxo®
a) Fire Prevention.
1, Smoke detectors. Each living unit shall be provided
with approved detectors of products of -combustion
ather than heat, conforming to the latest Uniform
Building Code standards, mounted on the ceiling or
gall at a point centrally located in the corridor area,
giving access to rooms used for sleeping purposes.
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b) Sound Transmission.
1. Shock mounting of mechanical equipment. All
mechanical equipment such as motors, compressors,
pumps, and compactors which is determined by the Chief
:i�dir, T cter to be, ascg. of atrurfixral viiax°ati
or structurasl®borne noise, shall be shock -mounted with
Inertia blocks or bases axed/or vibration isolators in a
manner approved by the Chief Building inspector,
2. Sound standards. The structure shall conforms to all interior
and exterior sounds transmission standards of Chapter 35
of Appendix of the Un form Building Code,
c) Utilities.
Each unit shall be separately teetered for gas and electricity.
water shut-off valve shall be provided for each unit or for each
plumbing fixture.
d) Private Storage Space®
Each unit shall have at least 200 cubic feet of enclosed
weatherproofed and lockable private storage space in addition
to guest, linen, pantry and clothes closets customarily provided.
Such space shall be for the sole use of the unit owner. Such
space may be provided in any location approved by the
Community Development Department but shall not be
divided into two or more locations for any unit.
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e) Laundry Facilities.
.A laundry area shall be provided for each unit, or,
if common laundry facilities are provided, such facilities
shall consist of not less than one automatic washer and
dryer for each five units or .fra-ction thereof,
Parking Standards.
Parking requirements for a community housing project
shall be as set forth In the Lodi City Code for the district
in which the project is located.
g) Trash Collection Areas®
Trash collection areas shall conform to standards
adopted by the Planning Commission.
h) Circuit Breakers.
Each unit shall have its own circuit breaker panel
for all electrical circuits and outlets which serve the
unit®
1) Lighting®
Exits, aisles, passageways' and recessei related to
and within the units, shall be illuminated with an intensity
of at least 1 foot candle at the -ground .level dur.ina the
hours of darkness® Ogen parking lots and carports shall
be provided with and maintain a minimum of Os 25 foot
candle of light on the parking surface during the hours of
darkness.
J) Outdoor Lighting Devices.
Outdoor lighting devices, required by this section,
$hall approved exterior fixture, pr ected by weather
reaistent covers and adequately shielded to prevent glare®
k) Common 'Trash Areas.
Common trash areas shall be lit with a minimum of Oe 5
Foot candles when located within a building.
If the proposed project does not comply with the applicable
provisions of this section relating to compliance with the various
physical standards, unless modified or wa€ved by the Planning
Commission. any conditional use permit issued pursuant to this
chapter shall require the applicant to furnish a bond in an
amount equal to the reasonable estimated costs to bring the
project mato compliance with this section. Said bund shall run in
favor of the individual purchaser and the Association®
Section 8B-8 Declaration of Covenants, Conditions and Restrictions on
Project Elements.
The Declaration of Covenants, Conditions and Restrictions
on Project Elements relating to the management of the common
area facilities shall be approved by the Planning Commission.
In addition to such Covenants, Conditions and Restrictions that
may be required by the Department of heal .Estate of the State
of California pursuant to Title 6 of the Civil Code and other Staten
laws and policies, such declaration shall be subject to recording
and shall provide for the following:
a) The assignment and use of off-street parking spaces.
Required off-street parking spacers shall be
permanently and irrevocably specifically assigned
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to partleor units within the project on t asis of
the parking spaces required per unit pursuant to
Section 2713, To the maximum, practical extents,
spaces assigned to each unit shall be contiguous to
such unit.
b) Maintenance of Common Areas and Facilities -General.
In order to protect the public health, safety and
welfare, provisions shall be made, both for annual
assessments of the owner for maintenance and special
assessment for capital improvements. The procedure
for the change of the regular annual assessment shall
be specified® The manner in which special assessments
rnay be levied for the purpose of defraying in whole or in
part, the costs of construction, reconstruction, repair
or replacement of a capital improvement upon the common
area, shall be specified® Both annual and special assess-,
gent may be collected on a monthly basis, The remedies
which the Association may brim for the non-payment of
assessment shall be specified and may include penalties
for late payments.
c,, Utility Easements over Primate streets and Other Areas.
If a community housing project contains primate
C access ways, provisions shall be made for the public
utility easements over the entire private access way.
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dj Access for Construction Maintenance or Repairs®
Each owner and the Association shall have an ease-
ment
ase-rx nt for entry upon any privately -owned unit where
necessary in connection with the construction and
,�r �'nn° %tx- ��v g he'nP-I A o? $ 1' c,;C541i).$'?T nn `::... .
or the owners of the units in common® Unless otherwise
prohibited by law or any local, state, or federal
regulation, Association shall have the right to
terminate contract with any person or organization
engaged by the applicant to perforin management or
maintenance duties, three months after the Association
assumes control of the project, or at that time rem
negotiate such contracts.
None of the aforementioned, when approved by the
Planning Commission, shall be amended, modified or
changed without the written consent of the Planning
Commission and the declaration shall contain a statement
to that effect.
Section 813-9 Conditions for approval.
All conditional use permits approved by the Planning
commission for conversion to a community housing
project shall be subject to, at a minimum, the follow-
ing conditions unless said conditions are modified or
waived by the Planning Commission:
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a) Notice of Intent to Convert®
A -Notice of Intent to Convert shall be delivered
to each tenant 60 days prior to the filing of a tentative
p® Evidence of receipt by each tenant shall be submitted
community housing project. The forma of the Notice shall
be as approved by the Community development Department.
It shall contain not less than the following,
1) Name and address of the current owner;
2) Name -and address of the proposed applicant;
3) Approximate date on which the application for
conditional use permit is going to be filed;
4) Approximate date on which the unit is to be
vacated by nonepurchasIng tenants;
5) Tenant's Might to Purchase;
6) Tenant's Might of Notification to Vacate;
i) Provisions for Special Cases;
8) Other Information may be required as deemed necessary
by the Community Development Department
b) Tenant's Right to Purchase.
Any present tenant of any unit shall be given the non-trans-
ferrable right to purchase a unit occupied at a price not higher
than the price offered to the general public® The right of first
refusal shall extend for at least ninety days from the date of
Issuance of the subdivision public report,
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c) Tenant's Might of Notification to Vacate.
Each non -purchasing tenant, not in default under the
obligations of the rental agreement or lease under which he/she
occupies a unit, shall have not less than 180 days from the date
of recce t 6. i1. x tiiication froi-u
convert or from the approval of the conditional use permit, to
convert or from the following date of the approval of the final
subdivision map or parcel map pursuant to Chapter 22 of the Lodi
Municipal Code, whichever date is later, to vacate his/her unit..
d) Provisioris for Special Cases®
Any noxa -purchasing tenant, age 62 or older, or handicapped
or with minor children in school, shall be given at least an addi-
tional 120 Jaya from the date established by Section 8B -9(c) in which
to vacate his/her unit®
e) A statement granting to each purchaser a one-year warranty on
all appliances installed in his/her unit, and granting to the
Association and to all purchasers of the individual units, a one-
year warranty on all structures in the community housing project
and on all electrical, heating, air conditioning, plumbing, venti-
lation equipment, and elevators,
f) A statement granting to each purchaser of a unit, the right to
cancel his/her purchase of such unit without cost or liability,
provided he/she gives written notice of cancellation within 15
days after he/she signs the purchase agreement®
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Section 88-10 Notice t ''`" ew Tenants.
After submittal of the application for Conditional Use Permit to
Convert, any prospective tenant shall be notified In writing of the
Intent to convent prior to leasing or renting any unit,
spcti•on a -11 Ooemments Furnishp�d by AispEc -rt tr�; Pro,��r�A,�
The applicant shall furnish each prospective
purchaser of a unit within a project, a true copy of the
conditional use permit issued under this chapter and each of
the following informational documents -
1® The application for a conditional use permit and all
attachments thereto which were required by
Section 8Bm4 of this chapter®
Section 8Bw12 Fees.
The application for a conditional use permit under this
chapter shall be accompanied by a fee in an amount to be
determined from time to time by resolution of the City Council
of the City of Lodi®
Section 8B-13 Consideration.
The Planning Commission shall order a public
hearing on any application. Due notice of said public hearing
shall be given as required and in the manner required by law.
In addition thereto, each tenant of the proposed project shall be
given written notice, postage prepaid, of the flame, place and
the purpose of such application on the agenda, ten days prior to
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said meeting® aid public hearing may be co Q� ued from time
to time by the Planning Commission.
Section BB -14 Conditional Use Permit Findings,
The Planning Commission shall not approve an application
for coxadltional use permit unless the Planning Commission finds
that -
a) The application for conditional rise permit is complete
b) That all fees as required by this chapter are paid for;
C) .All bonds required by this chapter are furnished to
the City of Lodi-,
d) Thi overall design and physical condition of the condo-
minium conversion achieves a high degree of appearance,
safety and quality,
e) That the establishment, maintenance or conducting of the
use will not, under the circumstances of the particular
case, be detrimental to the health, morals, comfort or
welfare of persons residing or working in the neighborhood
of the proposed use, or to property or improvements in the
neighborhood, or will not be contrary to the general public
welfare.
f) That applicant has complied with all provisions of this
chapte r.
Section 8B-15. Report to City Council.
Any and all actions and decisions of the Planning
Commission in connection with the conditional use permit for
conversion to community housing project, shall be reported
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In writing to the City Council.
Section RB -16 Appeal,
Any applicant or person claiming to be directly or
inversely affected by the actions of the Planning Commission
the action, file written appeal with the City Clerk for transmittal
to the City Council. Appeal shall stay the issuance of any permits
in connection with the action pending from the decision of the City
Council. Upon receipt of any such appeal, the City Council shall,
after receiving a report from the Planning Commission and after
at least one public hearing on the case as provided by law,
render a decision sustaining, amending or overruling any actions
of the Planning Commission on lyre case.
Section 11. Amendment of Chapter Z7-15
Chapter Z7-15, subsection (c)1, relating to Lige Permits, is hereby
amended by the addition of new subsection (iv) and (v) and shall read
as follows.
(iv) Conversion of a residential or housing unit to a
community housing project.
(v) Construction of a community housing project, a
condominium, a community apartment project, a
stock cooperative, or a planned development.
Section 111. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
Section lig This ordinance` shall be published one time in the "Lodi Life
and Times", a newspaper of general circulation printed and published
W the City of Lodi. and shall be in force and take effect thirty days
from and after its passage and approval.
Approved this 4th, day of March 1981,
WALTER Jo KATNICH
MAYOR
N -a 'A .aLl
Atte at- ALICE Mo REIMCHE
CITY CLERk
State of California
County of San Joaquin, a s e
I, Alice M. Re imche, City Clerk of the City of Lodi do hereby
certify that Ordinance No. 1222 was introduced at a regular meeting of
the City Council of the City of Lodi held February 18, 1981 and was there-
after
hereatter passed, adopted and ordered to print at a regular meeting of said
Council held March 4, 1981 by the following vote:
Ayes: Councilmen Hughes, McCarty, Pinkerton and Katnich
Noose Councilmen ® None
Absent: Councilmen m Murphy
I further certify that Ordinance No. 1222 was approved and signed
by the Mayor on the date of its passage and the same has been published
pursuant to law®
�iluo A
,ALICE M. R CHE
CITY CLERK
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