§ 18.080.075 — Tentative condominium conversion maps

18.080.075 - Tentative condominium conversion maps.

A tentative condominium map, as defined under Article 6 Definitions, is used for the conversion of existing residential real property to condominiums, community apartments or stock cooperative projects or any other form of ownership except conversion projects for which a final or tentative parcel map has been approved or where the conversion involves a limited equity housing cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions, conditions and further definitions of condominium development as approved included in the California Civil Code shall apply to the divisions of real property as permitted herein. A. Findings. The approving or appeal authority shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project unless it finds all of the following: 1. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, or will have received, pursuant to Section 66452.18 of the Government Code, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by Government Code §§ 66410 - 66499.58. In addition, a finding shall be made that each tenant has received ten days written notification that an application for a public report will be, or has been, submitted to the Bureau of Real Estate, that the period of each tenants right to purchase begins with the issuance of the final public report and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 2. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed conversion. 3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. 4. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 5. This section shall not diminish, limit or expand, other than as provided herein, the authority of City to approve or disapprove condominium projects. B. Development review required. In addition to the limitations and restrictions contained within this title, the Subdivision Map Act and the applicable building and fire regulations, no residential apartment unit shall be converted for sale, transfer or conveyance as a community apartment project, condominium or stock cooperative project without concurrently obtaining approval of a Condominium Conversion Permit pursuant to 19.790 of Title 19. C. Exceptions. A tentative condominium map shall not be required for: 1. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. A conversion of a community apartment project that meets all of the requirements of Government Code Section 66412(g). A stock cooperative, as defined in Section 1351 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if it meets all of the requirements of Government Code Section 66412(h).

(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)