HomeMy WebLinkAboutOrdinances - No. 1187ORDINANCE NO. 1187
Section I. Addition of Chapter 8B to ths City of Lodi Municipal cbde.
CHAPTER 8B
(XDJMUNITY HOUSIXG PIioJECT alNVERSIONS
Section 8B-1. Purpose.
The purpose of this chapter is to:
(1) Establish criteria for conversion of the existing multi-
family rental housing to condominiums, camunity apart-
mts or stock cooperatives;
(2) To reduce the impact of such conversions on residents in
~ental 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 info&- as to the physical con&itions of the
structure which is offered for purchase;
(4) To insure that converted housing achieves a high degreei of
appearance, quality, and safety and is consistent with the
goals of the City of mi. -
(a) Association - An organization of persons who own a lot, parcel,
.area, condominium, shares in a stock cooperative, or right of
exclusive occupancy in a community housing project,
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--- -. (b) Community Housing Project - A cmmdty housing project includes -- ___-. .
the following :
(1) A condominium project containing two or more condo-
miniums.as defined in Section 783 of the Civil Code, to
wit:
"['Condominium. '1 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 re-a1 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 inheritance or per-
petual estate, (2) an estate for life, or (3) an estate far
years, such as a leasehold or a subleasehold- '*
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(2) A community apartment project containing two or more -
rights of exclusive occupancy, as defined in Section
11004 of the Business and Professions Code, to wit:
"Community apartment projects, A community apart-
ment project in which an undivided interest in the land
is coupled with the right of exclusive occupancy of any
apartment loc'ated thereon. . . 'I
A stock c mative containing two or mrl rights of exc~us~v~
occupancy, as defined in Section 11003.2 of the Business and
Professions Code, to wit:
"Stock Cooperative.
wkich is fond or availed of primarily for the purpose of
holding title to, either in fes simple or for a term of years,
improved real property, if all or substantially all of the
shareholders of such mrpration receive a right of exclusive
occupancy in a portion of the real propurty, title to which is
able only concurrently with the transfer of the share or shares
A 'stock Cooperative' is a OorIpraSon
, held by the corporation, which right of occuI?dncy is transfer-
of stock in the corporation held by the Fson having such right
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. of occupancy." -
(4) A planned development containing tm or rike separately-amed
lots, parcels or area, as defined in Section 11003 of the
. Businsss and Professions e,
(c) Conversion - Conversion is a change in the typ of ownexship of a
parcel or parcels of land, together with the existing attached
structures to that defined as a c0rr;mUnity housing project, regard-
less of the present or prior use of such land Bnd structures and
whether substantial improverrents have been made to such struchxes-
Conversion shall not include a structure for which a mnadm
plan has bea rearded in acardance with the appopriate provi-
sions of the Civil Code-
Section 8B-3. Conditional Use Permits Requixed.
No conversion to a comity housing project shall be pslmittd 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 I;odi Municipal
Code and the additional requirercents as set forth in this chapter,
Section 8B-4. Application for Conditional Use Permit for Conversion.
In recognizing that the conversion of structures which have ken previouSly
occupied, to a conanunity housing project, presents unique problems to present term
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and future buyers, in addition to the requirements of Section 27-15
of the Lodi Municipal Code relating to the application for 2 use
permit, the application for a conversion. to a community housing
project shall include the following information:
(a) A vhvsical elements remrt detailin? the r+,rucctr?ral andition of all. -.
elements of the property, including foundations.
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electrical, plumbing, utilities, structural frame,
roof, windows, recreational facilities, sound trans-
missions of each building, mechanicaf equipment,
-parking facilities, and appliances.
Regarfing-eac? such elewnt, it shall be sufficient for such reprt
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 repart is to be pre-
parecl by a licensed architect, engineer, inspector
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or similar person, as approved ,.,y the Comnun~ty hvelopiit
Director.
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A report from a licensed, structural pest control. operator.
approved by the City, on each structure and each unit within
the structure.
A statement of repairs and irrprovermks to b2 made by the
applicant.
The date and description of each major repair and/or .
renovation of any elemmt since the date of constructbn-
For the purpose of this subsection, amajor re- and/or
renovation Shall mean any repair and/or renovation for which
an expmditme of mre than ?&o Thousand Ib1la.r~ ($2,~0~-00?
was made. a
A statement regarding current ownership of all hprovements
and underlying land.
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The name and mailing address of each present tenant of the
project .
A declaration of covenants, conditions and restrictions which
would be recorded on behalf of any and all owners of the
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community housing project as required by Section 8B-8 of tljis
chapter ,
(h) A statement of the estimated annual operating and maintenance
costs for dl min facilities and services for tha next 3
years as prepared or reviewed by a professional mge-t
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fFrm familiar with operating and maintenance costs of similar
properties in the area.
(i) A copy of a warranty or a stataent granting to each purchaser
a one-year warranty on all apgliances installed in hisfier .
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unit, as required by 'Section 8~-9.0f this chapter,
(j) A copy of a statement granting to each purchaser of a unit, the
right to cancel his/her purchase of such unit &thout Cost or
liability as rwred by Section 8B-9 of this chapter-
(k) Applicant shall su5mit evidence that a notification of the Notice- -
of Intent to Canvert as per Section 8B-9 of this
chapter was received by each tenant,
(1) Any other informtion which, in the opinion af the Community
Development Director, will assist in &tanking whether the
proposed project will be consistent &th the purpose of this
chapter (.
(m) A statmt frm the Public Works Epartment listing all
on-site and off-site irrprove-nents necessary to bring the
project up to City Standards as per Section -- 8B-6(c)
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of this chapter,
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An applicant who is unable to provide the informf5on -required -
by subsections (a) through (m) , inclusive, shall s-t 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. .Acceptance of Reprts.
The application for a conditional use permit for a ConversTon
shall not be complete until the final form of the Physical. Elements
Report and other documents are approved by the Cmunity Devekpnent
Deparmt. The reprts, m their acceprawe rorm, S-L ramun on
file With the Cornunity Developrent Department for review by any
interested persons. The reprt shall be referred to -the City of
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Iodi Planning Commission.
Section 8B-6. Physical Standards for Condominium Conversions. _-
To achieve the purpose of this chapter - , the Planning
Corranission shall not approve a conditional use permit for any project
which does not comply with the following physical standards unless
said standards cannot be reasonably complied with by applicant and .the
Planning Coinmission has waived or modified said stancfards=
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(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 appl'ication 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
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.Code that was in existence at the time that the building
was constructed. -
All projects shall comply with the City of Lodi deuelop-
ment 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. c
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The Public Works Director shall set forth, in a written
form, the City of Lodi development requirements applicable
to the project.
If the proposed project does not coniply with the above three
standards, unless mdified or waived by the Planning CommissicBn,
any conaitionai use permit issued pursuant to this c'mpter
shall require the applicant to furnish a bond
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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- .
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Section 8B-7. Specific Physical Standards.
No conditional use permit for a community hoasing project. -
shall be approved unless the project conforms to the following
develoDment standards, unless said deve Iopment 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 combusion
other than heat, confqrming to the latest Uniform
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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,
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pumps, and compactors which is determined by the Chief
Building Inspector to be a source of structural vibratiop
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 Code-
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 weather-
proofed and lockable private storage space in addition to guest,
linen, pantry and clothes closets customarily provided-
shall be for the sole use of the unit owner.
Such space
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.
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A laundry area shall be provided for each unit; or,
if -n lamdry facilities are provided, such facilities .-
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shall consist of not less than one automatic washer &d .
dzyer for each five units or fraction tkreuf.
f) Parking Standards. --
Parking requirements for a ccanmunity housing project
shall be as set forth in the City code for the district
in which the project is located,
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.. Trash Collection Areas.
Trash collection areas shall conform to standards
adopted by the Planning Commission,
Circuit Breakers.
Each unit shall have its own circuit breaker pane1
for all electrical circuits and outlets which serve the
unit.
Lighting. *
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Exits, aisles, passageways and recesses reIated to
and within the units, shall be illuminated with an intensity
of at least 1 foot candle at the ground Ievel during the
hours of darkness. Open parking lots and carports shall
be provided with and maintain a minimum of 0-25 foot
candle of light on the parking surface during the hours of
darkness.
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j) Outdoor Lighting Devices.
Outdoor ligh'cing devices, required by this section,
shall be approved exterior fixture, protected by wsai3Ae.r
resistent oovers and adequately shielded to premt gIare,
ti) ComnTrashAreas. . ..
Comrtlon trash areas shall be lit with a rmrumUm of 0.5
foot candles when located within a building,
If the proposed project does not canply with th,, Q applicable -_
provisions of this section relating to wl.imce with the various .-
physical standards, unless mdified or waived by the Planning
rmit issusd pt-lrsuant to this . .corrrmission, any conditional use pe
chapter shall require the applicank'to furnish a bond in
an arnount equal to the reasonable estimated costs to bring the
project into oompliance with this section. Said bond shall ruri in
, favor of the individual. purchaser and €%e Association,
Section 8B-8.
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xration of Covenants, Conditions and Restrictions on
rroject Elenents.
The Declaration of mvmants, conditions and Restri-
on Project ~1-t~ relating to the management of the coaimn
area facilities shall be approved by the Planning corrpnission,
In addition to such Covenants, Confitions and Restrictions that
my k required by the Departmvlt of Real Estate of the State
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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:
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The assignment and use' of off-street parking spaces-
Required off-street parking spaces shall be .
permanently and irrevocably specifically assigned
to particular units within the project on the basis of.
the parking spacesrequired per unit pursuant to .
Section 27-13 . To the maximum, practi-
cal extents, spaces assigned to each unit shali 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
as ses sment for capital improvements - The procedure --
for the change of the regular annual assessment
shall be specified.
special assessments may be levied for the purpose of
The manner in which
defraying in whole or in part, the cdsts of construction,
reconstruction, repair or replacement of a capital
improvement upon the common area, shall be specified,
Both annual and special assessment may be collected
on a monthly basis. The remedies which the Association
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may bring for the non-payment of assessment shall be
specified and may include penalties for 1ate:payments-
Utility Easements \ over Private Streets and Other Areas- .
If a community housing project contains private _.
access ways, provisions shall be made for the public
utility easements over the entire private access way-
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Access for Construction Maintenance or Repairs.
Each owner an6 the Association shall have an ease-
ment for entry upon any privately-olqned unit where
necessary in connection with the construction and
maintenance or repair for the benefit of the common area
or the Gwners of the units in common,
prohibited by law or any local, state, or federal
regulation, Association shall have the right to
Unless otherwise
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terminate contract with any person or organization engaged
by the applicant to perform management or maintenance
. duties, three months after the Association assumes cbnkrol
of the project, or at that the renegotiate-such contracts-
None of the aforementioned, when approved by the
Planning Commission, shall be amended, modified ~ or changed
without the written consent of. the'PlannZng Cornmission and
the declaration shall contain a statement to that effect.
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Con - Section 8B-9.
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itions for Appoval.
All conditional use permits approved by the Planning
corrrmission for amversion to a cmminity wushg
project shall be subject to, at a minimum, the foUcm-
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kg conditions unless said conditions are mdified or -
waived by the Planning commission:
a) Notice of Intent to Convert.
A Notice of Intent to mnvzrt shall be delivered
to each tenant. Evidence of receipt by ea& tenant shall
. be sirbmitted with the ap$ication for conditional use .
permit to convert to a colmunity housing project. The
form of the Notice shall be as appmved by the coi?prmniy Developmmt
Department. It shall contain not Iess than the foliowing:
1) Name and address of the current or-; .
2) Name and address of the proposed appEcant;
3) Approximate date on which the application for
conditional use permit is going to be filed;
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4) Approximate date on which the unit is to be
vacated by non-purchasing tenants;
5) Tenant's Right to Purchase;
6) Tenant's Right of Notification to Vacate;
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Provisions for Special Cases;
8) Other information may be required as deemed necessary
by the Community Development Department .- -.
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b) Tenant's Right to Purchase.
Any present tenant of any unit shali be given the non-trans-
ferrable right to purchase a unit occupied at a price not higher
than tlie price offered to the general pubiic, The right of first
refusal shall extend for at least sixty days from the date of
issuance of the subdivision public report,
c) Tenant's Right of Notification to Vacate,
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Each non-purchasing tenant, not in default under the
obligations of the rental agreement or lease under which he/she
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occupies a unit, shall have not less than I20 days from the date
of reccipt of notification from the applicant of his intent to
convert or from the approval of the conditional use permit, to
convert or from the following date of the ap;?roval of the final
subdivision map or parcel map pursuant to chapter 22 of the bdi
Municipal Code, whichever date is later, to vacate hisher 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) fi WE&
to vacate his/her unit. -
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 a.11 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, uenti-
lation equipment, and elevators. c .
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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 iiability,
provided he/she gives written notice of cancellation within 15
days after he/she signs the purchase agreement,
Section 8B-10. Notice to New Tenants.
After submittal cf the application for Conditional Use Permit to
Convert, any prospective tenant shall be notified in writing of the
intent to convert prior to leasing or renting any unit.
Section 8~-ll,Documents Furnished by ADOlicmt- to Prospective
Purchaser.
The aPPlicmt'shal1 furnish each prospctim - -
purchaser of a unit within a project, a true copy of the -
conditional use permit issued under this
the following informational documents :
. and each of -
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1. The application for a conditional use permit and aIf
. attachments thereto which were required by
Section 8B-4 of this chwtex'; -
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szction 8B-12. Fees-
The application for a conditional use permft 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.
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&&ion 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 reqsred by law-
In addition thereto, each tenant of the proposed project shaIL be
given written notice, postage prepaid, of the time, place and
the purpose of such application on the agenda, ten days prior to
said meeting,
to time by the Planning Commission,
Said public hearing may be continued from time
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Section 8B-14. . Conditioml Use Permit Findings,
The Planning Commission shall not approve an application
for conditional use permit unless the Planning Cornmfs'sion finds
The application for conditional use permit is complete;
That all fees as required by this chapter are paid
for;
All bonds required by this chapter are furnished
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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 persons residing or workkg irt the neighborhood
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of the proposed use, or to property- or improvements in- . the
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neighborhood, or will not be contrary to the general pub&
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welfare.
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f) That applicant has compLied with all provis-Ions of this
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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
in writing to the City Council. .
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Section 8B-16. Appeal.
Any applicant or person claiming to be directIy or
inversely affected by the actions of the Planning CornmZssLon
on matters referred to in this section, may within 5 dgys after
the action, file written appeal with the City Clerk for transmitta1
to the City Council. Appeal shall stay the issuance of any permits -
in connection with the action pending from the decislon 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 ouerruIZng any action;’ c
of the Planning Commission on the case,
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Section 11. Amendment of Chapter 27-15.
Chapter 27-15, subsection (c)l, relating to Use Pdts, is hereby
amendd by the addition of new subsection (iv) and (v) and shall read
as follows:
(iv) Conversion of a residential or busing unit to a
cmunity houshg project.
(v) Construction of a cammunity housing project, a
cordminim, a cosrnrrunity apartment project, a stock cooperative,
or a planned developnent.
Section 111. 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 irr the "Wdi News
Sentinel", a daily newspaper of general circulation printed and publish&
in the City of Lodi and shall be in force and take effect thirty days
from and after its passage and approval.
Approved this 16
Attest : M. X" RF: &A HE
CITY CLERK
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State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lcdi do hereby
certify that Ordinance No. 1187 was introduced at a regular meeting of
the City Council of the City of Ldi held January
after passed, adopted and ordered to print at a regular meeting of said
Council held January 16, 1980 by the following vote:
2, 1980 and was there-
Ayes :
Noes : Councilmm - None
Councilmen - Hughes, mtnich, McCarty, and Katzakhn
Absent: Councilmen - Pinkerton
I further certify that Ordinance No. 1187 was approved and signed
by the myor on the date of its passage and the same has been published
pursuant to law.
CITY CLERK
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