HomeMy WebLinkAboutOrd 1197�f�: �? � r d.•. �s
ORDINANCE NO. 11 97
AN. ORDINA14CE. ESTABLISHING CONDO14INI I
CONVERSION APPLICATION PROCEDUPa S AND REQUIREAENTS,
PURCHASE RESTRICTIONS,' AND TENANT PROTECTIONS
The.CITY COUNCIL of the City of Burlingame does ORDAIN
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as follows:
Section 1. Section 26.30.025 is amended to read as
follows:
"26.30.425 Conversion permit.
Any developer, builder or other person seeking to
convert an existing structure to a condominium shall
first apply for and obtain from the Planning Commission
a condominium conversion permit pursuant to Chapters 26.32
and 26.33. Applications for condominium conversion
permits shall be evaluated and processed pursuant to the
procedural requirements set forth for conditional
permits in Title 25 of this code."
Section 2. Chapter 26.32, concerning condominium
conversions, is hereby added to the Burlingame Municipal Code
to read as follows:
"CHAPTER 26.32
CONDOMINIUM CONVERSION PERMITS
26.32.010 Purpose
The City of Burlingame finds and determines that
condominiums differ from apartments in numerous respects
and, for the benefit of public health, safety and welfare,
such projects should be treated differently from apart-
ments. The City Council therefore states its express
intent to adopt condominium conversion regulations for
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the protection of displaced tenants and the purchasers of
condominiums. The purposes of this chapter are there-
fore:
(a) To establish criteria for conversion of the
existing multiple family rental housing to condominiums,
community apartments, stock cooperatives and any other
subdivision which is a conversion of existing rental housing;
(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 by
providing for procedures for notification and adequate
time and assistance for such relocation;
(c) To assure the purchasers of converted housing
have been properly informed as to the physical conditions
of the structure which is offered for purchase;
(d) To insure that converted housing achieves a high
degree of appearance, quality and safety and is consistent
with the goals of the City;
(e) To provide a reasonable balance of ownership and
rental housing in Burlingame and a variety of choices of
tenure, type, price and location of housing; and
(f) To maintain a supply of rental housing for elderly
and low and moderate income persons.
25.32.020 Permit required.
No person, firm, corporation, partnership or other
entity shall convert existing dwelling units to a condomin-
ium subdivision, community apartment or stock cooperative
without first having said conversion approved by the
Planning Commission or the City Council on appeal. Said
permit is in addition to any other requirement of this
code.
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26.32.430 Application requirements.
No application for a condominium conversion project
shall be accepted for any purpose unless the application
includes the following:
(a) A site plan with at least the following details
shown to scale:
(1) The location, height, gross floor arca and pro-
posed uses for each existing structure to
remain and for each proposed new structure;
(2) The location, use and type of surfacing for all
open storage areas;
(3) The location and type of surfacing for all
driveways, pedestrian ways, vehicle parking areas
and curb cuts;
(4) The location, height and type of materials for
walls or fences;
(5) The location of all landscaped areas, the type
of landscaping and method of irrigation;
(6) The location and description of all recreational
facilities;
(7) The location, size and number of parking spaces
to be used in conjunction with, each condominium
unit;
(S) The location, type and size of all drainage
pipes and structures;
(9) The location and type of all on-site and nearest
off-site fire hydrants;
(10) A lighting plan for the project;
(11) The location, type and size of all on-site and
adjacent overhead utility lines; and
(12) A grading plan showing existing contours, building
pad elevations and percent slope for all driveways
and parking areas.
(b) Fully dimensional elevation plans for typical
structures, showing the architectural features and type
of material of construction_
26,32.040 Physical elements report.
A report on the physical elements of all structures
and facilities shall also be submitted with the application.
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The report shall include, but not be limited to, the
following:
(a) A report detailing the structural condition of
all elements of the property including foundations,
electrical, plumbing, utilities, walls, ceilings, windows,
recreational facilities, fire protection, sprinklers,
alarms, mechanical equipment, parking facilities and
appliances, including all appliances installed in each
unit. Such report shall be prepared by a registered civil
or structural engineer, or licensed architect.
Regarding each such element, the report shall
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 element, and any variation to the physical
condition of said element from the current zoning and
from the building code in effect on the date of the report.
The report shall identify any defective or unsafe elements
and set forth the proposed corrective measures to be
employed.
(b) A report containing acoustical test data which
indicates the noise attenuation characteristics of existing
party walls and ceilings. The data for such report shall
include a sampling of at least ten percent (101) of the
dwelling units involved, but in no case fewer than two
dwelling units, and shall be compiled by a qualified
person experienced in the field of acoustical testing and
engineering.
(c) A report from a licensed structural pest control
operator, approved by the City, on each structure and
each unit within the structure.
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(d) A report on any known soil and geological
conditions regarding soil deposits, rock formations,
faults, groundwater and landslides in the vicinity of
the project and a statement regarding any known evidence
of soils problems relating to the structures. Reference
shall be made to any previous soils reports for the
site and a copy submitted with said report.
(c) A statement of repairs and improvements to be
made by the subdivider necessary to refurbish and restore
the project to achieve a high degree of appearance and
safety.
25.32,050 Additional submittals.
The following shall also be submitted with the
application:
(a) A declaration of the convenants, conditions and
restrictions which would be applied on behalf of any and
all owners of condominium units within the project_ The
declaration shall include, but not be limited to, the
conveyance of units, the assignment of parking, an agree-
ment for common area maintenance including facilities and
landscaping (together with an estimate of any initial
assessment fees anticipated for such maintenance), descrip-
tion of a provision for maintenance of all vehicular access
areas within the project, and an indication of appropriate
responsibilities for maintenance of all utility lines and
services for each unit. The declaration shall include
all provisions required pursuant to Section 26.33.010-
(b) Specific information concerning the demographic
characteristics of the project, including but not limited
to tine following:
(1) Square footage and number of rooms in each unit;
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(2) Rental rate history for each type of unit for
previous. five years;
(3) Monthly vacancy rate for each month during
preceding two years;
(4) Makeup of existing, .tenant households, including
family size, length of residence, age of tenants,
and whether receiving federal or state rent
subsidies;
(5) Proposed sale price of units;
(6) Proposed homeowners association fee;
(7) Financing available; and
(8) Names and addresses of all tenants.
When the developer can demonstrate that such information
is not available, this requirement may be modified by the
Planning Department.
(c) Signed copies from each tenant of the notice of
intent to convert required by Chapter 25.33. The developer
shall submit evidence that a certified letter of notifica-
tion was sent to each tenant for whom a signed copy of
said notice is not submitted.
(d) Signed consent to the conversion by the tenants
in at least fifty percent (501) of the units.
(e) Any other information which, in the opinion of
the Planning Department, will assist in determining whether
the proposed project will be consistent with the purposes
of this chapter.
26.32.060 Acceptance of reports.
The final form of the site plan, physical
elements report and other • submitted documents shall be
as approved by the City. The reports in their accepted
form shall remain on file with the Planning Department
for review by any interested persons.
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26.32.070 Copy t❑ Meyers.
The developer shall provide each purchaser with a
copy of all reports required by Section 26.32.040 (in
their final form) prior to said purchaser executing any
purchase 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 may be
required by the City, at the project site.
26.32.080 Physical standards for condominium conversions.
(a) Adequate Rhysical condition. To achieve the
purpose of this chapter, the Planning Commission shall
require that all condominium conversions conform to the
Burlingame Municipal Code in effect at the time of tenta-
tive map approval, including all building and fire codes,
except as otherwise provided in this chapter.
All violations of the city codes must be corrected
prior to the approval of the final map, or, upon approval
of the Planning Commission, funds shall be adequately
escrowed or bonded to assure completion of such corrective
work prior to the closing of escrow of any unit in the
project_
(b) Specific physical standards__ In addition to any
other requirements, the following specific standards and
requirements shall be met:
(1) Fire prevention - smoke detectors: Each living
unit shall be provided with approved detectors
of products of combustion other than heat con-
forming to the latest U.B.C. standards.
(2) Sound transmission:
(i) Shock mounting of mechanical equipment: All
permanent mechanical equipment, such as motors,
compressors, pumps and compactors which are de-
termined by the Building Inspector to be a source
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of structural vibration or structure -borne
noise shall be shock mounted with inertia
blocks or bases and/or vibration isolators in
a manner approved by him.
(ii) Noise standards: Thestructure shall con-
form to all exterior and exterior sound trans-
mission standards of the Uniform Building Code.
In such cases where present standards cannot
reasonably be met, the Planning Commission may
require the applicant to notify potential buyers
of the noise deficiency currently existing within
these units.
(3) Utility meterin
(i) 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 or for each plumbing fixture. The
Planning Commission may find at the time of ap-
proval that individual metering of gas and elec-
tricity is impractical and excessively expensive
and waive those requirements. Each unit having
individual meter(s) or heater(s) shall have access
to its own meter(s) and heater(s) which shall not
require entry through another unit.
(ii) Each unit shall have its own parcel, or
access thereto, for all electrical circuits which
serve the unit.
(4) Private storage space: Each unit shall have at
east two hundred ( 0) cubic feet of enclosed
weather -proofed and Lockable private storage
space in addition to guest, linen, pantry and
clothes closets customarily provided. Such space
may be provided in any location approved by the
Planning Department, but shall not be divided into
two or more locations. In cases where the
developer can demonstrate that this standard
cannot reasonably be met, this standard may be
modified by the Planning Commission.
(5) Laundr facilities: Either a laundry area in
eachunit or common laundry areas shall be pro-
vided; provided such facilities shall consist of
not less than one automatic washer and dryer for
each common five units or fraction thereof. In
such cases where the developer can demonstrate that
this standard cannot reasonably be met, this
standard may be modified by the Planning Commission.
(6) Landsca e maintenance: All landscaping shall be
restored as necessary and maintained to achieve
a high degree of appearance and quality.
(7) Condition of equipment anal appliances: The
U_e_v_e1o-p_e_r_s`Ha1l provide written certification
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to the buyer of each unit at the close of escrow
that any dishwashers, garbage disposals, stoves,
refrigerators, hot water tanks and air conditioners.
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that are provided are in operable working con-
dition as of the close of escrow. At such time
as the homeowners association takes over manage -
me -at of the development, the developer shall
provide written certification to the association
that any pool and pool equipment (filter, pumps,
chlorinator) and any appliances and mechanical
equipment to be owned in common by the association
is in operable working .condition.
(8) Refurbishing and restoration: All main buildings,
structures, fences, patio enclosures, carports,
accessory buildings, sidewalks, driveways, land-
scaped areas, and additional elements as required
by the Planning Department shall be refurbished
and restored as necessary to achieve a high degree
of appearance, quality and safety.'
26.32.090 Hearing.
At the time of the hearing on the tentative Snap, the
Planning Commission shall also hold a hearing on the con-
version permit. Notice of the hearing shall be given to
all tenants of the proposed conversion and posted on the
property.
26.32.100 flearinz considerations.
At the hearing on the application for conversion of
existing apartments to condominiums, the Planning Cormiiscion
shall consider the following:
(a) Whether or not the amount and impact of the dis-
placement of tenants, if the conversion is approved, would
be detrimental to the health., safety or general welfare of
the community.
(b) The role that the apartment structure plays in
the existing housing rental. market. Particular emphasis
should be placed on the evaluation of rental structures
to determine if the existing apartment complex is serving
low and moderate income households, or special groups of
tenants such as elderly or handicapped.
(c) Whether or not lower cost home ownership
opportunities will be increased by the conversion of
apartments to condominiums _
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(d) Whether tenants will have substantial difficulty
in obtaining comparably priced housing.
26.32.110. Findings.
The Planning Commission shall not issue a permit for
condominium conversion unless the Planning Commission
finds that:
(a) All provision of this chapter are met;
(b) The proposed conversion is consistent with the
Burlingame General Plan.
(c) The proposed conversion will conform to the
Burlingame Municipal Code in effect at the time of
tentative map approval except as otherwise provided in
this chapter or specifically excepted by the Planning
Commission_
(d) she overall design and physical condition of
the condominium conversion achieves a high degree of
appearance, quality and. safety.
25.32.120 Purchase by tenants re txired.
The final map shall not be approved by the city
unless satisfactory evidence is provided that at least
thirty percent (307.) of the tenants have signed agree-
ments to purchase units."
Section 3_ Chapter 25.33, concerning purchase
restrictions and tenant protections in condominium conversions
.is hereby added to the Burlingame Municipal Code to read as
�; follows :
"CHAPTER 25.33
PURCHASE RESTRICTIONS AND TENANT
PROTECTIONS
26.33.010 Purchase restrictions.
The following purchase restrictions shall apply
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to all cgndorrti,nium conversions and shall be contained in
the declaration of covenants, conditions and restrictions:
(1) Designated units, at least teal percent (10%)
or a minimum of one unit, shall be reserved for sale to
and occupancy by persons sixty-two (62) years of age or
older. Such units shall thereafter be sold and occupied
only by persons sixty-two (62) years or older. If pur-
chasers are a husband and wife, only one person need be
sixty-two (62) years; surviving spouses shall be allowed
continuing ownership and occupancy regardless of age.
Initial sales prices of such units shall be at
least twenty percent (20%) less than sales prices to the
general public. Subsequent sale of such units shall be
only to persons sixty-two (62) years of age or older and
at a price of at least twenty percent (20%) less than the
sales prices of comparable units, as determined by the
average sales price of the three most recent sales of such
type of unit within the preceding year; if such sales do
not exist, the fair market value shall be determined by an
appraiser employed jointly by the buyer and seller. Such
percentage shall be increased or decreased by the percentage
of the ownership element of the Housing Item of the
Consumer Price Index for the San Francisco -Oakland area
for the years between sales.
All association fees, dues and charges for such
units shall be reduced at least twenty percent (20%) for
such units.
(2) All initial purchasers of units shall occupy
such units for at least two years after purchase unless
the owners association allows an exception; exceptions
shall be granted only on the basis of death, hardship or
other extraordinary circumstance.
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(3) Any person violating the above provisions shall
forfeit to the owners association all rents or other
compensation received during a period of violation; if
rents are not received, the association shall determine the
appropriate amount of rental. All rents so owed or amounts
determined shall be a debt or obligation of the unit owner
to the association and shall be collected by appropriate
legal procedures.
(4) Any discounts, rebates or other incentives to
initial purchasers shall he indicated on the deed to the
unit and shall be reflected in all subsequent sales of
the unit in a dollar amount equal to the original discount,
rebate or incentive.
(5) The City of Burlingame shall be authorized to
enforce the provisions of any of the above conditions,
and for such purposes shall be allowed full and complete
access to all records and looks of the association and
of the developer.
(6) All deeds to such units shall specifically include
and describe these restrictions on sales and occupany.
26.33.020 Tenant trovisions.
The following shall apply to all conversions of
residential units to condominiums:
(1) Notice of intent: A Notice of Intent to Convert
shall be delivered to each tenant. The form of notice
shall be on a form prepared by the Planning Department and
shall inform tenants of all rights provided under this
section.
(2) Tenant's right to purchase: As provided in
Government Code Section 66427(b), any present tenant or
tenants of any unit shall be given a non -transferable
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right to first refusal to purchase the unit which they
occupy at a price no greater than the price offered to
the general public_ The right of first refusal shall
extend to at least sixty (60) days from the date of issu-
ance of the Subdivision. Public deport or from the commence-
ment of sales, whichever date is later. Persons occupying
units designated for sale to persons over sixty-two (62)
years of age who do not so qualify shall be given the right
of first refusal on another unit comparable to that which
they occupy.
(3) Vacation of units: Each non -purchasing tenant
not in default under the obligations of the rental agree-
ment or lease under which he occupies his unit shall have
not less than one year from the approval date of the
conversion permit or final subdivision map, whichever is
later, to find substitute housing and relocate. The develop-
er shall notify each tenant immediately prior to the time of
final map approval of the anticipated date required to vacate.
the unit and when the one-year period will begin. Evidence
of receipt of such a notice by each non -purchasing tenant
shall be submitted prior to approval of the final map_ Any
non -purchasing tenant aged sixty-two (62) years or older
shall be given at least on additional .Cour (4) years in
which to find suitable replacement housing.
(4) Increase in rents: A tenant's rent shall not be
increased for one year from the time of filing of the
application for the conversion permit, and thereafter no
more than once each year until the unit is sold or until
the subdivision is denied or withdrawn. Any increase shall
not exceed one-half (1/2) of the Residential Rent Item of
the most recent Consumer Price Index, San Francisco -
Oak land SMSA .
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(5) Termination by tenant: The developer shall
permit a tenant to terminate any lease or rental agree-
ment without any penalty whatsoever after notice has been
given of the intention to convert if such tenant notifies
the developer in writing thirty (30) days in advance of
such termination.
(6) Alternative accommodations: The developer
shall provide alternative accommodations, including
moving expenses, whenever the tenant is displaced or his
unit is rendered uninhabitable by remodeling or other
conversion procedures.
(7) ?Moving expenses: The developer shall provide
moving expenses not to exceed four (4) times the monthly
rent to any tenant household living in any unit prior to
tentative map approval as provided in this section. A
tenant commencing occupation of a unit atter tentative
map approval shall not be entitled to moving expenses.
Eligible tenants will receive the actual moving expenses
at the time they relocate, except when the tenant has
given notice of his intent to move prior to receipt of
notification from the developer of his intention to
convert.
(S) Notice to new tenants: After submittal of the
tentative map, any prospective tenants shall be notified
in writing of the intent to convert prior to leasing or
renting any unit."
Section 4. This ordinance :shall be published as
required by law.
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I, EVELYN H. HILL, City Clerk of the City of Burlingame,
do hereby certify that the foregoing Ordinance was introduced at
a regular meeting of the Burlingame City Council held on the
day of February, 1981, and was adopted thereafter at a
regular meeting held on the day of 1981, by
the following vote:
AYES: C0UWCILD+ N:
NOES; COUNCIL14EN :
ABSENT: COUNCILMEN;
City Clerk
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