HomeMy WebLinkAboutAgenda Report - March 4, 1981 (32)ORDINANCES
Ordinance No. 1222, entitled, " An Ordinance
Amending the Municipal Code if the City of
ORDINANCE
Lodi by Amending Chapter 8B Relative to Community
AMENDING
Housing Project Conversions of Residential or
ORDINANCE NO.
Housing Units, and Amending Section 27-15 of
1187 RE
the Municipal Code Relating to the Requirement
CONVERSION TO
of a Use Permit, for Conversion to a Community
COMMUNITY HOUSING
Housing Project- of Residential or Housing Units;
PROJECT OF
and for the Construction of a Communi�y Housing
RESIDENTIAL OR
Project, a Condominium, a Community }apartment
HOUSING UNITS
Project, a Stock Cooperative or a Planned
Development", having been introduced at a regular
ORD. NO. 1222
meeting of the Council held February 18, 1981
ADOPTED
was brought for passage on motion of Mayor Pro
Tempore McCarty, Pinkerton second. Second
reading was omitted after reading by title, and
the Ordinance was then passed, adopted, and ordered
to print by t.e following vete:
Ayes: Councilmen - Hughes, McCarty, Pinkerton,
and Katnich
Noes: Councilmen -- None
Absents Councilmen -- Murphy
ORDINANCE NO, 1222
✓" fes•
AN ORDINANCE AMENDING THE MUNICIPAL CODE Of THE CITY OF LODI BY
AMENDING CHAPTER 8B RELATIVE TO COMMUNITY HOUSING PROJECT
CONVERSIONS OF RESIDENTIAL OR HOUSING UNITS, AND AMENDING SECTION
27-15 OF THE MUNICIPAL CODE RELATING TO THE REQUIREMENT OF A
USE PERMIT, FOR CONVERSION TO A COMMUNITY HOUSING PROJECT OF
RESIDEN'T'IAL OR HOUSING UNITS: AND FOR THE CONSTRUC'T'ION OF A
COMMUNITY HOUSING PROJECT, A CONDOMINIUM, A COMMUNITY APART-
MENT PROJECT, A STOCK COOPERATIVE OR A PLANNED DEVELOPMENT,
The City Council of the City of Lodi does ordain as follows-,
Section Ie Chapter 8B to the City of Lodi Municipal Code. is hereby amended to
read in full as follows:
0
C14APTER 811
COMMUNITY HOUSING PROJECT CONVERSIONS
Section 811-10 Purpose.
The purpose of the chapter is to:
(1) Establish criteria for conversion of the existing multi-
family rental housing to condominiums, community apart-
ments or stock cooperative
(2) To reduce the Impact of such conversions on residents in
rental housing; who may be required to relocate during; the
conversion of apartments to condominiums, by providing for
proced,ares 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 Rouging achieves a high degree of
appearance, quality, and safety and is consistent with the
goals of the City of Lodi,
Section 8B-2 Definitio
��.
(a) Association m An organization of persons who own a iot, parcel,
area, condominium, shares in a stack ruoperative, or right of
exclusive occupancy in .-i community housing project.
(b) Community Housing Project A coca munity housing project includes
the followings
(1) A condominium project containing two or more condo-
miniums as defined in Section 783 of the Civil Code, to
wit -
"('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 to;ether 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. "
"Such estate may, with respect to the duration of its
enjoyment, be either (1) an estate of fnheritance or per-
petual estate, (2) ar estate for life, or (3) an estate for,
years, such as a lecaehold or <a subleasehold. "
(2) A community apartment project containing two or more
rights of axclusive: occupancy, as defined in Section
11004 of the 1-1-osiness and Professions Code, to twit;
"Community apartment projects, A community apart -
anent project in which an undivided interest in the land
is coupled with the right of exclusive occupancy of any
apartm nt located thereon..."
(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' Is a corporation
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vvhI is formed or availed of primary for the purpose of
hold► g title to, either in fee slmple'�,-r for a term of years,
Improved rea-1 property, if all or substantially all of the
shareholders 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 hold by the person having such right
of occupancy. "
(4) A planned development containing two or more separately -owned
lots, parcels or arca, as defined in Section 11003 of the
Business and Professions Code.
(c) Conversion _ 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 community housing project, regard-
less of the present or prior use of such land and structures ax.d
whether substantial improvements have 1 een made to such structures.
Conversion shall not include a structures for which a condominium
plan has been recorded In accordance with the appropriate provi-
sions of the Civil Code.
Section 8BW3o Conditional Use P,:rrnits Required.
No conversion to a community housing project shall be permitted
unless 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 ant.] the additional requirements as set forth In this
chapte re
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
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to present tenant and future buyers, in addition to the requirements of
of Section Z7-15 of the Lodi Municipal Code relating to the application
for a 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 property, including foundations,
electrical, plumbing, utilities, structural frame, roof,
windows, recreational facilities, sound transmissions
of each building, mechanical equipment, parking faciik"..1 ls,
and appliances.
Regarding each such element, it shall be sufficient for
such reports to state to the beast knowledge or estimate of
the applicant, when such element waaa built; the condition
of each clement; when said element was replaced; the
approximate date upon which said element will require
replacement; the cost of re ptacing said elements; and
any variation of the physical condition of said e:lernent
from the current zoning and from the Uniform Housing
Code and Uniform Building Code in effect on the elates
that the last building permit was issued for the subject
structure. The report shall identify any defective or
unsafe: elements rand set forth the proposed corrective
measures to be ernplc.ycd. Said report to to be pre-
pared by a licensed architect, engineer, inspector
or similar pert+on, as approved 0..:y the Community Develop -
meet Director,
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(b) A. report from a licensed, structural pest control operator,
approved by the City, on each structure and each unit w thin
the structure.
(c) A statement of repairs and improvements to be made by the
appli canto
(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, 0000 00)
was made.
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(e) A statement regardin current ownership of all improvements
and underlying land.
(f) The nal.mo and mailing address of each present tenant of the
project,
(g) 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 803-8 of
this chapter,
(h) A statement of the estimated annual operating and maintenance
coats for all common facilities and services for the next 3
years as prepared or reviewed by a professional management
firm familiar with operating and maintenance costs of similar
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properties 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 813-9 of this chapter.
(j) A copy of a statement granting to Each purchaser of a unite the
right to cancel his/her purchase of such unit without cost or
liability as required by Section 833--9 of tills chapter,
(k) Applicant shall submit evidence that a notification of the Notice
of Intent to convert as per Section 8B-9 of this chapter was
recebiv,ks y each tenant.
(1) Any other infor�aation which, in the opinion of the Community
Development Directu a will assist in determining whether the:
proposed project®will lae consistent with the: purpose of this
chapte r,
(am) A, statement from the Public Works Department listing all
on-site and off-site improvements necessary to bring the
project up to City Standards as per Section 8B -6(c)
of this chapter.
A.n applicant who is unable to provide the information required
by subsections (a) through (m), inclusive, shall submit an affidavit,
giw,�n 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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071
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 fours, shall remain on
.file with the Community Development Department for review by any
interested persons. The report shall be referred to the City of
Jodi Planning Commission.
Section 8BW6. Physical Standards for Condominium Conversions.
To achieve the purpose of this chapter, the Planning Commi6sion
shall not approve a conditional use permit for any projectwhich
does not comply with the following physical stands As 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 Ele ;trical
Code that was in existence at the time that the building
was constructed.
(c) All projects shall comply with the City of Dodi develop-
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meat 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.
The Public Works Director shall set forth, in a written
form, the City of Lodi development requirements applicable
to the project.
U the proposed project does not comply with the above three
standards, unless modified or waived by the Planning Commission,
any con4itional 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 bond shall run in favor of
individual purchasers and the Association.
Section 813-7 Specific Physical Standards.
No conditional use permit for a community housing project
shall be approved unlens the project conforms to the following
development standards, unless said development standards are
modified or waived by the Planning Commission.
a) Fire Prevention.
1. Smoke detectors. Each living unit shall be provided
with approved detectors of products of -combustion
other than heat, conforming to the latest Uniform
Building Code standards, mounted on the ceiling or
wall at a point centrally located in the corridor area,
giving access to rooms used for sleeping purposes.
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
Building Inspector to be a source of structural vibration
or structural --borne noise, shall be shock -mounted with
Inertia blocks or bases and/or vibration isolators in a
manner approved by the Chief Building Inspector.
2. Sound standards. The structure shall conform to all interior
and exterior sounds transmission standards of Chapter 35
of Appendix of the Uniform Building Cede.
C) Utilities.
Each unit shall be separately metered for gas and electricity.
A 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 friction thereof.
f}
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 Plannkt)y; €;oxramissiono
h) Circuit Breakers.
Each unit shall have its own circuit breaker panel
for all electrical circuits and outlets which serve the
unit.
i) Lighting.
Exits, aisles, passageways and re°cesseg related to
and within the units, shall be illuminated with an intensity
of at least 1 foot candle .at tite -ground level during the
hours of darkness. Open parking lots and carports shall
be provided with and maintain a minimum of p, 25 foot
c&ndle of light on the parking surface during the hours of
darkness.
J) Outdoor fighting Devices.
Outdoor lighting devices, required by this section,
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shall Pe approved exterior fixture, praf'ected by weather
resistent covers and adequately shielded to prevent glare®
k) Common Trash Areas,
Common trash areas shall be lit with a minimum of 0. 5
foot candies 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 Waived 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
pro,;ec;' into compliance with this section. Said bond shall run in
x..avor 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 Elemeiats relating to tha 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 Ileal Estate of the State
of California pursuant to 'Title 6 of the Civil Code and other State
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 spaces shall be
permanently and irrevocably specifically assigned
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to partia, units within the project on Cbasis of
the parking ,aces required per unit pursuant to
Section 27-1 e, To the maximum, practical extents,
spaces assilrjjed to each unit shall be contiguous to
such unit.
b) Makitenanci, of Common Areas and Facilities -Generale
In order to protect the public health, safety and
welfare, pr3-Visions shall be made, both for annual
assessmentri of the owner for maintenance and special
assessment for capital 'improvements. The procedure
for the chang, of the regular annual assessment shall
be specified. The spanner in which special assessment&
may be levir,l for the purpose of defraying in whole or in
part, the co.,",s of construction, reconstruction, repair
or replacem.*Z,t of a capital improvement upon the common
area, shall t,;, specified. Both annual and special assess-
ment May 1)1,, collected on a monthly basis. The remedies
which the . s-ociation may bring for the noAi-payment of
assessment &."Inall be specified and may include penalties
for late laayszI,l,nts.
c) Utility Easen lents over Private Streets and Other Areas.
If a con'u nunity housing project contains pr?vate.
access ways, provisions shall be made for the public
Utility casesz),,,nts over the entire private access way.
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d) Access for Construction Maintenance or Repairsb
Each owner and the Association shall have an ease®
rmnt for entry upon any privately -owned unit where
necessary in connection with the construction and
maintenance or repair for the benefit of the common area
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 perform management or
maintenance duties, three months after the Association
assumes control of the project, or at that time re --
negotiate such contracts.
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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 8B-9 Conditions for approval.
All conditional use permits approved by the Planning
commission for conversion tG 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
map® Evidence of receipt by each tenant shall be submitted
with the application for conditional use permit to convert to
community housing project. The form 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 non -purchasing tenants;
5) Tenant's Might to Purchase;
b) Tenant's Right of Notification to Vacate-,
7) Provision)t for Special Cases-,
d) Other information may be required as deemed necessary
by the C(ammunity Development Department
b) Tenant's Right to Purchase.
Any present tenant of any unit shall be given the non-trans-
.fermble right to purchase a unit occupied at a price not higher
than the price offe red 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 sander the
obligations of the rental agreement or lease tinder which he/she
occupies a unit, shall have not less than 180 days from the date
of receipt of notification from the applicant of Ills intent to
convert or from the approval, of the conditional use permit, to
convert or from the following date of the approval of the final
subdivision trap or parcel map pursuant to Chapter 22 of the Lodi
Municipal Code, whichever date is later, to vacate his/her unit.
d) Provisions for Special Cases.
Any non -purchasing tenant, age 62 or older, or handicapped
or with minor children in school, shall be given at least an addi-
tional 120 days from the date established by Section 8B -9(c) in which
to vacate, his/her unit.
e) A statement granting to each purchaser ax 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.
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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 OB -10 Notice t�-ew Tenants. 0
After submittal of the application for Conditional Use Permit to
Convert, any prospective tenant shall be notified In writing of the
Ment to convert prior to leasing or renting any unit.
S® att, )n 823-11 Documents Furnished by Applicant to Prospective
Purchaser.
The applicant shall furnish each prospective
purchaser of a unit within a project, a true copy of the
conditional time permit issued un -ler this chapter and each of
they following Informational documents;
1® The application for a conditional use permit and all
attachments thereto which were req,atred by
Section BB -4 of this chapter.
Section 88-12 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 reaolution of the City Council
of the City of Lodi.
Section BB -13 Con aide ration.
The Planning Comrniasion shall order a public
hearing on any application. Due= notice of said public hearing
shall be Avera as required and in the manner required by law.
In addition tho reto, each tenant of the proposed project ahall be
given written notice, postage prepaid, of the fir-ne, place and
the purpose of such application on the agenda, ten days prior to
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said meeting. Said public hearing may be continued from time
to time by the Planning Commission.
Section 8B-14 Conditional Use Permit Findings.
The Planning Commission shall not approver an application
for conditional use perm!t unless the planning Commission finds
that:
a) The application for conditional use permit is complete;
b) That all feces as required by this chapter are paid torp
c) All bonds required by this chapter are furnished to
the City of Lodi;
d) The 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 persona 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;re
Section BB -15. Report to City Council,
.Any and all actions and d-*cisions of the Planning
Commission in connection with the conditional use permit for
conversion to community dousing project, small be reported
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in wrivng to the City Council.
Section g$-16 Appeal.
Any applicant or person claiming to be directly or
inversely affected by the actions of the Planning Commission
on matters referred to in this section, may within 5 days after
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 cage as provided by law,
render a decision sustaining, amending or overruling any actions
of the Planning Commission on the case.
Section Ii. Amendment of Chapter 27.15
Chapter 27»15, subsection (c)l, relating to Use Permits, is hereby
amended by the addition of neer 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 III. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
Section IV This ordinance shall be published one time n the "Lodi Life
and Times", a newspaper of general circulation printed and published
tr in the City of Lodi, and shall be in force and take effect thirty Clays
from and after its passage and approval.
Approved this 4th clay of Larch 1981
WALTER J. ICATNICII
MAYOR
Attest-, ALICE M. REIMCHE
CITY CLERK
State of Californias
County of San Joaquin, as.
I, Alice M. Reimchc,. C.ty Clerk of the City of Lodi do hereby
certify that Ordinance No. 12212. intrecluced at a regular meeting of
the City Council of the City of Lodi held February 18, 1981 and was there-
after 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
Noe a; Councilmen - None
Absent: Councilmen - Murphy
I further certify that Ordinance No. 122'. was approved and signed
by the Mayor on the date of its passage and the same has been published
pursuant to law.
t
.ALICE M. It AACITE
CITY CLERIC
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