HomeMy WebLinkAboutOrd 1206ORDI"tdATICE N0. 1206
AIV ORDINAiQCE ESTABLISHING CONDOMINIUM
CONVERSION APPLICATION PROCEDURES AND REQUIREMENTS,
PURCHASE RESTRICTIOVS AND TENANT PROTECTIONS
The CITY COUNCIL of the City of Burlingame does ORDAIiV
as follows:
Section 1. Section 26.30.025 is amended to read as
follows;
"26.30.025 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 the appropri-
ate provisions of this code. Applications for condominium
conversion permits shall be evaluated and processed pur-
suant to the procedural requirements set forth for con-
ditional use permits in Title 25 of this code."
Section 2. Chapter 26.32, concerning condominium con-
versions, is hereby added to the Burlingame Municipal Code to
read as follows:
"CHAPTER
26.32
RESIDENTIAL CONDOMINIUM CONVEP.SIOiV PER:IIT5
2Fi.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
3/23/81
4/13/81 1
the protection of displaced tenants and the purchasers of
condominiums. The purposesof this chapter are therefore:
(1) 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;.
(2) To reduce the impact of such conversions on
residents in rental housing who may be required to re-
locate due to the conversion of apartments to condominiums
by providing for procedures for notification and adequate
time and assistance for such relocation;
(3) To assure that adequate information as to the
physical conditions of the structure which is offered for
purchase is made available to purchasers of converted
housing;
(4) To insure that converted housing achieves a high
degree of appearance, quality and safety and is consistent
with the goals of the City;
(5) 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
(6) To maintain a supply of rental housing for elderly,
handicapped, and low and moderate income persons.
26.32.020 Permit re uired.
No person, firm, corporation, partnership or other
entity shall convert existing dwelling units into a
condominium subdivision, community apartment or stock
cooperative without first having said conversion approved
by the Planning Commission or the City Council on appeal.
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Said permit is in addition to any other requirement of
this code.
26. 32.025 ConversionIf
rohi�ited for less than
twenty 20) units.
No application shall be accepted, and no conversion
s'nall be allowed, for any project which will -produce
twenty (20) or fewer condominium units.
26.32.030 Application requirements.
iJo application for a condominium conversion project
shall be accepted for any purpose unless the application
includes the following:
(1} A site plan with at least the following details
shown to scale:
(a) The location, height, gross floor area and
proposed uses for each existing structure to
remain and for each proposed new structure;
(b) The location, use and type of surfacing for all
open storage areas;
(c) The location and type of surfacing for all
driveways, pedestrian ways, vehicle parking
areas and curb cuts;
(d) The location, height and type of materials for
walls or fences;
(e) The location of all landscaped areas, the type
of landscaping and method of irrigation;
(f) The location and description of all recreational
facilities;
(g) The location, size and number of parking spaces
to be used in conjunction with each condominium
unit.
(h) The location, type and size of all drainage
pipes and structures;
(i) The location and type of all on-site and nearest
off-site fire hydrants;
(j) A lighting plan for the project;
(k) The location, type and size of all on-site
and adjacent overhead utility lines; and
(1) A grading plan showing existing contours,
building pad elevations and percent slope for
all driveways and parking areas.
(2) 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 applica-
tion. The report shall include, but not be limited to,
the following:
(1) 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, roof, 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 remaining
useful life of said element, the cost of replacing said
element, and any variation to the physical condition of
said element from the current zoning and from the build-
ing 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.
(2) A report containing acoustical test data which
indicates the noise attenuation characteristics of
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existing party walls and ceilings. The data for such
report shall include a representative sampling of units
involved in the project, 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. The consultant shall be selected by
the City and shall perform the sampling in areas or units
as approved or directed by the City.
(3) A report from a licensed structural pest control
operator, approved by the City, on each structure and
each unit aaithin the structure.
(4) A report on any known soil and geological con-
ditions 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.
(5) 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.
26.32.050 Additional submittals.
The following shall also be submitted with the
application:
(1) A draft declaration of the convenants, conditions
and restrictions, conforming to Department of Real Estate
requirements, which would be app
lied=on behalf of any and
all owners of condominium units wn the pxoject. The
draft declaration shall include, but not necessarily be
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limited to, the conveyance of units, the assignment of
parking, an agreement for common area maintenance, includ-
ing facilities and landscaping (together with an estimate
of any initial assessment fees anticipated for such main-
tenance), description of a provision for maintenance of
all vehicular access areas within the project, and an
indication of appropriate responsibilities for mainten-
ance of all utility lines and services for each unit.
The declaration shall include all provisions required
pursuant to Section 26.33.010.
(2) Specific information concerning the demographic
characteristics of the project, including but not limited
to the following:
(a) Square footage and number of rooms in each unit;
(b) Rental rate history for each type of unit for
previous two years;
(c) Monthly vacancy rate for each month during the
preceding two years;
(d) Composition of existing tenant households,
including family size, length of residence, age
of tenants, and whether receiving federal or
state rent subsidies;
(e) Proposed sales price of units;
(f) Proposed homeowners association fee;
(g) Proposed financing; and
(h) 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.
(3) Signed copies from each tenant of a notice of
intent to convert as required by this code, or for tenants
from whom a notice of intent to convert is not submitted
by applicant, proof of notice by certified mail to such
tenants. At the election of the applicant, the copies
of the notice of intent to convert and the proof of
notice shall be submitted after the filing of the appli-
cation, provided that such copies and proof shall be
submitted prior to any public hearing on the proposed
conversion.
(/+) Signed consent to the conversion by the tenants
of at least a majority of the units.
(5) 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 code.
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.
26.32.070 Copy to buyers.
A summary of all reports required by this code, in
a form approved by the City, shall be provided to each
person executing any purchase, rental_ or other agreement
to purchase or occupy a unit in the project. Copies of
the full 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.
(1) Adequate physical condition. To achieve the
purpose of this chapter, the Planning Commission shall
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require,
except as may otherwise be
provided in this
code that
all units to be
converted
to condominium
conform to
the Burlingame
Municipal
Code in effect at
the time
of tentative map
approval,
including all
building
and fire codes.
All violations
of the City
code and all
required modifications of units of the project must be
corrected prior to the approval of the final map, or,
upon approval of the Planning Commission, funds shall
be adequately escrowed, prior to the closing of escrow
of a unit, to assure completion thereafter of such
corrective work.
(2) Specific physical standards. In addition to
any other requirements, the following specific standards
and requirements shall be met:
(a) Fire prevention - smoke detectors: Each living
unit shall be provided with approved detectors
of products of combustion other t""nazi heat con-
forming to the latest U.B.C. standards.
(b) Sound transmission:
(i) Shock mounting of mechanical equipment:
A11 permanent mechanical equipment, such as
motors, compressors, pumps and compactors
which are determined by the Building Inspec-
tor to be a source 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: the structure shall
conform to all exterior. and interior sound
transmission standards of the Uniform Build-
ing Code. In such cases where present
standards cannot reasonably be met, the
Planning Commission may require the appli-
cant to notify potential buyers of the
noise deficiency currently existing within
these units.
(CJ Utility metering;
(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 pro-
vided for each unit or for each plumbing fixture.
The Planning Commission may find at the time of
approval that individual metering of gas and
electricity is impractical and excessively ex-
pensive 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 panel, or access
thereto, for all electrical circuits which serve
the unit.
(d) Private stora;e space: Each unit shall have at
least two hundred (200)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.
(e) Laundry facilities: Either a laundry area in
each unit 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.
(f) Landscape maintenance: All landscaping shall be
restored as necessary and maintained to achieve
a high degree of appearance and quality.
(g) Condition of equipment and appliances: The
developer shall provide written certification
to the buyer of each unit at the close of escrow
that any dishwashers, garbage disposals, stoves,
refrigerators, hot water tanks, air conditioners
and any other major appliances that are provided
are in operable working condition as of the close
of escrow. At such time as the homeowners associ-
ation takes over management 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.
(h)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 map, 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 FIearing considerations.
At the hearing on the application for conversion of
existing apartments to condominiums, the Planning Com-
mission shall consider the following:
(1) The opinions of the tenants of the project as
to whether the proposed conversion protects their
interests.
(2) Whether or not the amount and impact of the
displacement of tenants, if the conversion is approved,
would be detrimental to the health, safety or general
welfare of the community.
(3) The role that the apartment structure plays in
the existing housing rental market and whether this
role is substantially altered by the proposed conversion
in the light of the tenant protection provisions in this
code. 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.
(4) G7hethez or not lower cost homeownership oppor-
tunities will be increased by the conversion of apartments
to condominiums, stock cooperatives or community
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apartments.
(5) TiThether 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:
(1)
All
provisions of this
chapter
are met;
(2)
The
proposed conversion
is consistent
with the
Burlingame General Plan;
(3) The proposed conversion will conform to the
Burlingame Municipal Code and other applicable code
provisions, if any, in effect at the time of tentative
map approval, except as otherwise provided in this
chapter or specifically excepted by the Planning
Commission;
(4) The overall design and physical condition of
the condominium conversion achieves a high degree of
appearance, quality and safety.°'
Section 3. Section 26.33, concerning purchase restric-
tions and tenant protections in condominium conversions, is
hereby added to the Burlingame Municipal Code to read as follows:
"CRAFTER 26.33
DESIGidAlED UiQITS, PURCHASE AND SALE
RESTP.ICTIOldS AND TENAlQT PROTECTIONS
26.33.010 Inclusion of provisions in covenants,
conditions and festrictions.
The provisions of Sections 26.33.020 to 26.33.050
shall apply to all condominium conversions and shall be
contained in the declaration of covenants, conons
and restrictions.
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26.33.020 Designated units.
The party proposing the conversion shall designate
a quantity of units totaling not less than ten percent
(10%) of the units in the project to be converted. The
designated units shall include those units occupied by
senior or handicapped tenants, as defined below, at the
time the notice to convert is given. If the number of
units occupied by senior or handicapped tenants at the
time the notice to convert is given is larger than ten
percent (10%), the initial number of designated units shall
be the number of units occupied by senior or handicapped
tenants at the time the notice to convert is given; pro-
vided, that when the initial number of designated units
is more than ten percent (10%) of the units in the pro-
ject due to their occupancy by seniors or handicapped, as
designated units cease to be occupied by senior or handi-
capped tenants such units shall cease to be classified as
designated units until their number is reduced to the
required ten percent (10%).
For purposes of this section, seniors shall be
defined as persons sixty-two (62) years of age or older
and handicapped shall be defined as persons who have a
physical or mental handicap which substantially limits
one or more major life activities, including caring for
one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning and working.
The designated units are subject to the follow-
ing restrictions:
(1) Occupancy by
seniors or handicapped: The
designated units shall be occupied by persons who are
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seniors or handicapped.
However,
if a
designated unit
is occupied by husband and
wife,
only
one spouse need
be senior or handicapped.
Also,
a surviving
spouse of
a senior who was married
to the
senior
and occupied a
designated unit at the date of death of his or her spouse
shall be allowed to occupy the designated unit regardless
of the age of the surviving spouse.
(2) Lease of designated units: Upon conver-
Sion any senior or handicapped tenant as o£ the date
notice to convert was given shall have the right to enter
into a lifetime lease for the unit which the senior or
handicapped tenant occupies. The lease shall provide
that rental increases shall not occur more frequently
than once per year and each rental increase shall be
limited to a maximum of fifty percent (50%) of the increase
in the Consumer Price Index for the San Francisco -Oakland
Metropolitan Area,
26.33.030 Resale of units purchased at original sale.
No unit purchased from the developer shall be
sold within one year from the date of such purchase
except for good cause amounting to a substantial change
in the circumstances of the original buyer occurring
after the date of the purchase. Upon any such resale
or proposed resale, the developer shall have the right
to repurchase the unit at a price equal to the price
the unit was acquired by the original buyer plus inter-
est and costs of purchase paid by said original buyer;
the intent here being to make said original buyer whole
if the developer elects such a repurchase.
26.33.040 Limit of quantity of units purchased.
No buyer shall be permitted to purchase from the
developer more than five percent (50) of the total units
available for sale other than units designated for
seniors and handicapped persons.
26.33.050 Candidate qualifications for
association mem ership.
If permitted by the California Department of Real
Estate, the declaration of convenants, conditions and re-
strictions for the project shall provide that only owners
Tho occupy a unit shall qualify as candidates for election
to the board of directors of the condominium association
for the project.
26.33.060 Tenant provisions.
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. It shall be mailed or otherwise delivered
within five days of filing the application.
(2) Leases for continuing tenants. Any tenant who
does not wish to purchase a unit but who wishes to continue
renting and gives notice of such intention within the time
set forth herein shall be offered a lease of not less than
two years, to take effect upon approval of the final map
for the project. The lease shall provide for rent increases
which
shall not exceed five percent (5}
per year.
Base
rent
for such leases shall be the rent in
effect at
the
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time the conversion application is filed with the
City.
(3) Tenantsrh of fzrst refusal, In conformity
with the applicable California Government Code sections,
existing tenants of any unit shall be given a nontrans-
ferable right of first refusal to purchase the unit
which they occupy at a price no greater than the price
offered to the general public. Notice of exercise of
such right must be given as provided herein.
(4) Notice of tenant's election. Each tenant shall
have ninety (90) days from the date of issuance by the
California Department of Real Estate of the Subdivision
Public Report or from the commencement of sale of the
units, whichever date is later, to declare the tenant's
election:
(a) Lease. To lease a unit;
(b) Purchase. To purchase a unit; or
(c) Vacate. To neither lease nor purchase a
unit, but instead to vacate the project.
Failure of a tenant to declare an intent within the time
designated shall be deemed an election by the tenant to
neither purchase nor lease any unit but instead to vacate
the project.
(5) Vacating units by non -purchasing or non -leasing
tenants
and
payment
of moving
expenses. Each
tenant
of
the project
at
the
time the
application for
conversion
has been filed who (a) has not previously given notice of
his or her intent to move, (b) elects not to purchase or
lease a unit or who is silent on the notice of right to
huy or lease as provided herein, and (c) is not in default
of the obligations of the rental agreement or lease under
15
which he or she occupies his or her unit, shall have not
less than one year from the approval date of the conver-
sion permit or final subdivision map, whichever is later,
to find substitute housing and relocate. The developer
shall notify each such 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 shall com-
mence. Evidence of delivery of such a notice to each
such tenant shall be submitted prior to approval of the
final map. The developer shall pay each such tenant his
or her actual moving expenses, provided that developer's
obligation for a tenant's moving expenses shall not exceed
four (4) times the monthly rent paid by such tenant for
his or her unit prior to tenative map approval as provided
herein. A tenant commencing occupancy of a unit after the
application for conversion is filed shall not be entitled
to moving expenses. Tenants eligible to receive the
moving expenses shall receive such expenses at the time
they relocate.
(6) Increase in rents. The rent of any tenant in the
project for which an application for a conversion permit
has been filed shall not be increased for one year from
the time of filing of the application and thereafter no
more than once each year until the unit is sold or until
the subdivision application is denied or withdrawn. Any
rental increase during such period shall not exceed one-
half (1/2) of the increase in the Consumer Price Index
for the San Francisco - Oakland Metropolitan Area.
(7) Termination by "tenant. Any tenant shall have the
right to terminate any lease or rental agreement for a
unit within the project to be converted without any penalty
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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.
(8) Alternative accommodations. The developer shall
provide alternate comparable accommodations, including
moving expenses, for such period the tenant is displaced
or his or her unit is rendered uninhabitable by remodel-
ing or other conversion procedures.
(9) 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 requirec
P ayor
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 City Council held on the 20th day of
April, 1981, and was adopted thereafter at a regular meeting of
the City Council held on the 4th day of May , 19813 by
the following vote:
AYES: COUNCILPN:
NOES: COUNCILMEN
ABSENT: COUiQCILMEN
CROSBY,MANGINS,MARTIN
AIIIS TRUP ,BARYON
NONE
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