Chapter 25 ZONING ORDINANCE.
Article 20. Condominium Development.
Sec. 25-20-40. Condominium conversions.
(a) Definitions. For the purposes of this section the following
definitions shall apply:
(1) Comparable housing:
(A) Decent, safe,
sanitary and in compliance with all local and state housing codes;
to persons regardless of race, color, religion, national origin, ancestry,
marital status, sex, or any arbitrary basis;
(C) Housing is provided with
facilities equivalent to that provided by the landlord in the dwelling unit in
which the tenant then resides in regard to each of the
(i) Apartment size, including number of rooms,
(ii) Rent or
(iii) Major kitchen and bathroom facilities,
features necessary for the handicapped or infirmed;
(D) Located in an area
not materially less desirable than the area in which the tenant then resides in
regard to each of the following.
(i) Accessibility to the tenant’s
place of employment,
(ii) Accessibility to community and commercial
(iii) Environmental quality and conditions,
reasonable criteria which the tenant has requested in writing at the time of and
request made under this section.
(2) Low and moderate income housing:
affordable housing for persons and families of low or moderate income as defined
by California Health and Safety Code Sections 50053 and 50093; or persons living
in units financed in part by local, state, or federal subsidies.
cause for eviction:
(A) Failure to pay rent after service of a three-day
notice to pay rent or vacate;
(B) Failure to comply with a term or terms of
the tenancy after service of a three-day notice to comply or vacate;
commission or permission of a waste or the maintenance of a nuisance on the
premise and failure to vacate after service of a lawful notice
(b) Initial Study. Pursuant to procedures to be determined by the
community development director an applicant may, at his/her expense, request an
initial feasibility study of the proposed conversion. The study shall include a
site inspection by a city building inspector.
(c) Conditional Use Permit
Application. Recognizing that the conversion of existing structures which have
been previously constructed and occupied as rental units presents unique
problems to present tenants and future buyers, the application for a conditional
use permit for a condominium conversion project shall include the following
information in addition to that required by Article 27.
(1) A boundary map
drawn to scale showing the location of all existing easements, structures,
mature trees, and other improvements on the property.
(2) The proposed
organizational documents, including the convenience, conditions, and
restrictions to be recorded pursuant to Section 1350 et seq., of the Civil Code.
The organizational documents shall provide for the following:
of title to each unit;
(B) Assignment of parking for each owner and the
management of common areas within the project;
(C) A proposed annual
operating budget, including a report disclosing the amount of deposit to be
provided by the developer and the manner in which it was calculated, to defray
expenses of the association in replacing and maintaining major mechanical and
(D) The FHA regulatory agreement, if any.
property report describe the condition and estimating the remaining useful life
of each of the following elements of each structure situated within the project
proposed for conversion: roofs, foundations, exterior paint, paved surfaces,
mechanical systems, electrical systems, plumbing systems, sewage systems,
sprinkler systems for landscaping, utility delivery systems, central or
community heating and air conditioning systems, alarm systems, or standpipe
systems, and structural elements. Such report shall be prepared by an
appropriately licensed engineer.
(4) A structural pest control report. Such
report shall be prepared by a licensed structural pest control operator pursuant
to Section 8516 of the Business and Professions Code.
(5) A building history
report including the following:
(A) The date of construction of all elements
of the project;
(B) A statement of the major uses of said project since
(C) The date and description of each major repair of any
element since the date of construction. "Major repair" shall mean any repair
requiring an expenditure of one thousand dollars or more;
(D) The date and
description of each major renovation of any element since the date of
construction. "Major renovation" shall mean any renovation requiring an
expenditure of one thousand dollars or more;
(E) A statement regarding
current ownership of all improvements and underlying land;
(F) The name and
address of each present tenant of the project;
(G) Failure to provide
information required by subsections (c)(5)(A) through (c)(5)(F) of this section
shall be accompanied by an affidavit or declaration 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.
report identifying all characteristics of the building not in compliance with
this section or applicable building or housing codes, or California
Administrative Code, Title 19.
(7) A rental history report detailing the
size, in square footage, of the building or buildings and each unit; the current
or last rental rate; the monthly rental rate for the preceding two years; and
copies of any governmental rental agreements or contracts.
(8) A detailed
report describing location and moving assistance and information to be given to
each tenant, and the steps the developer will take to ensure the successful
relocation of each tenant, in the event that relocation will be provided to
elderly, handicapped, low-income tenants, and other tenants who may encounter
difficulty finding new living quarters. The report also shall discuss procedures
to allow hard-to-relocate tenants to stay on as tenants, or to give such tenants
additional time after termination of tenancy, due to the conversion, for
(9) A true copy of each of the following documents
submitted to the Department of Real Estate of the state of California: (A) the
application for issuance of a final public report for the project proposed for
conversion, including all attachments and exhibits thereto, required pursuant to
Section 11000, et seq., of the Business and Professions Code; (B) the Statement
of Compliance (form 634 as amended) submitted pursuant to 10 Cal. Ad. Code
Section 2792.9, or its successor, relating to operating and maintenance funds
during start up; and (C) the supplemental questionnaire for apartments converted
to condominium projects, including all attachments and exhibits.
statement as to whether the developer will provide any capital contribution to
the association for deferred maintenance of the common areas, the sum of the
contribution, and date on which the association will receive the
(11) In addition to the information required in subsections (c)(11)(A)
through (c)(11)(F) of this section, the planning commission or the community
development director may require additional information necessary to evaluate
said conversion project in order to make proper findings in accordance with the
purposes and objectives set forth herein and the adopted city general plan in
effect at the time of such application. The requirements of the director may be
appealed to the planning commission. Such required information may include, but
is not limited to:
(A) An economic report comparing the units in the
conversion project, as both rentals and ownership units, with housing available
within the city area affected by the project;
(B) An economic report on
proposed project unit costs, monthly association costs, and comparative rates
(C) An economic report on availability of comparable (see
definition for comparable housing) rental units at similar rental rates
remaining within the city, including vacancy rate information;
(D) A report
outlining the available low and moderate income housing (see definition for low
and moderate income housing) units (rental and sales housing) within the
(E) A report on the feasibility of providing all or a portion of the
conversion units for sale to low and moderate income individuals or
(F) A report on the feasibility of retaining a portion of the
total units for rental occupancy;
(G) A report on the existing tenant
composition, showing age and income of the tenants and indicating if any tenants
are disabled, handicapped, elderly, have minor children, or are low or moderate
(H) Any additional information considered reasonable in
determining housing needs, housing availability, costs, and housing impacts of
the proposed conversion.
(12) The application for a conditional use permit
made pursuant to this section shall be accompanied by a filing and investigation
fee as prescribed by resolution of the city council.
(d) Notice of Hearing.
In addition to the notice provisions of Article 27, the applicant shall provide
names and addresses of all tenants in order that the city can provide notices of
the time, date, and place that the application for a conditional use permit
pursuant to this section is to be heard by the city planning commission. The
notice shall indicate that the tenants may attend and participate in the
hearing. Notice shall be personally delivered to each tenant or shall be mailed,
postage prepaid, by certified or registered mail, return receipt requested.
Notice pursuant to this paragraph shall be provided at least ten days before the
hearing date, and the notice shall include the following
(1) Name and address of current owner;
(2) Name and address
of the proposed developer;
(3) Date on which the conditional use permit
application is to be heard by the city planning commission;
date on which the unit is to be vacated by nonpurchasing
(5) Tenant’s right of purchase;
(6) Tenant’s right
of notification to vacate;
(7) Tenant’s right of termination of
(8) Statement on limitations on rent increase;
provisions for the handicapped or disabled, the elderly, tenants with minor
children, and tenants occupying low to moderate cost units;
(10) Provisions for relocation assistance.
Information concerning legal services, mortgage, and down payment requirement,
interest rates, property taxes, home maintenance costs, and other information
directed at educating the tenant about becoming a homeowner;
satisfactory to the community development director of receipt of such notice by
each tenant shall be submitted prior to the conditional use permit hearing
before the planning commission. The community development director may require
that notification be bilingual (Spanish and English).
Notice of continued
hearing. In the event the hearing before the city planning commission for which
the notice has been provided pursuant notice has been provided pursuant to this
paragraph is, for any reason, not held or is continued to another date, the city
shall provide notice at least ten days in advance of the new hearing if the new
hearing is not continued to a date specific.
If an initial study request is
submitted, tenants shall be notified and invited to present initial comments and
recommendations concerning the proposal to the community development
(e) Development Standards. The following development standards
shall apply to all applications for a conditional use permit for a condominium
(1) Off-Street Parking. Notwithstanding the provisions of
Article 23, off-street parking shall be provided at a ratio of not less than one
and one-half parking spaces per dwelling unit. The dimensions, location and use
of such parking shall be subject to provisions of Article 23.
(2) Number of
Units. At least four individual dwelling units must be included within the
(A) Sewer. Each condominium unit
shall have a separate sewer service hookup; provided, that the planning
commission may permit the use of common sewer lines that are oversized by one
size or more, or which are hydraulically designed with a one hundred percent
safety factor, where the planning commission, with concurrence of the city
engineer, finds that the common sewer lines can adequately service the
(B) Water. Each condominium unit shall have a separate water
service hookup or shutoff; provided, that the planning commission may permit a
single water system to service more than one condominium unit where shutoffs are
provided wherever practical and where the planning commission, with the
concurrence of the city engineer, finds that the single water system can
adequately service the condominiums.
(C) Gas. Each condominium unit shall
have a separate gas service where gas is a necessary
(D) Electricity. Each condominium unit shall have a separate
electrical service, with separate meters and disconnects, and ground fault
interrupters, where required by city code.
(4) Sound Attenuation. All
separating walls and floor-ceiling assemblies between condominiums shall provide
an airborne and impact sound installation equal to that required to meet a sound
transmission class of 50 (45 if field tested) as defined in U.B.C. Standard No.
(5) Fire Safety. Each condominium unit shall have a one-hour fire
separation on its floors and on each wall common to itself and an adjacent unit,
including attic space. In lieu of the one-hour fire separation requirement, the
planning commission may permit, with the concurrence of the fire chief, the use
of a fire sprinkler system, where it finds the proposed system is sufficient to
protect the occupants and the owner’s investment in the
(6) Ownership’s Organization. All condominium conversion
projects shall provide an ownership association responsible for the care and
maintenance of all common areas and common improvements and any other interest
common to the condominium owners. Complete and true copies of all covenant,
conditions, and restrictions, articles of incorporation, and by-laws shall be
subject to review by the city attorney and approval by the community development
director prior to occupancy as a condominium project. The city of Woodland may
be made a third party beneficiary to all or any portion of the covenants,
conditions, and restrictions, as deemed appropriate.
(7) Building Code
Requirements. A building proposed for conversion and each unit within the
building shall comply at a minimum with applicable building code standards in
effect at the time of the last alteration, repair, relocation, or reconstruction
of the building or, if none, at the time of first construction; and shall comply
with current provisions of the city building code, Chapter 6 of the Woodland
City Code. Nothing herein shall be construed to prevent or prohibit the
applicant or the city from providing or requiring building standards greater
than those set forth in the building code where the greater standards are found
to be necessary to carry out the purposes and objectives set forth herein above
for condominium conversions.
(8) Any other standards the commission may
adopt by resolution.
(9) No building shall be permitted to be converted to
condominium ownership unless the building was constructed and subject to a
building permit issued under the provision of the 1952 Uniform Building Code, or
subsequently adopted Uniform Building Code.
(10) No building constructed
after the effective date of this ordinance shall be permitted to be converted to
condominium ownership unless the building was constructed in full compliance
with all applicable building codes and the development standards applicable to
new condominium construction, or reconstruction of the building, or if none, at
the time of first construction.
(f) Building Inspection.
reviewing the property and structural pest control reports required herein and
after inspecting the structures within the project when he/she deems such
inspection necessary, the community development director shall identify and make
available to the planning commission all items evidenced by such reports and/or
inspection to be in noncompliance with applicable building and housing codes or
to be hazardous to the life, health or safety of an occupant of the units within
the project or the general public. A conditional use permit for a conversion
shall require all such items to be corrected to the satisfaction of the
community development director.
(2) If the proposed project does not comply
with the provisions herein relating to utilities, sound attenuation, fire safety
and building code compliance, or if the community development director
identified items to be corrected as provided herein, any conditional use permit
issued pursuant to this part shall require the developer to furnish a cash bond,
or a letter of credit, as determined by the community development director, in
an amount equal to the reasonable estimated cost to bring the project into
compliance with said codes, or to correct such identified items as provided
herein, in favor of individual purchasers and the association. Said security
shall provide for reasonable attorney’s fees in the event of default by
(g) Tenant and Buyer Protection Provisions.
applicant shall give each tenant one hundred eighty days written notice of
intention to convert prior to termination of tenancy due to the conversion or
(2) Any tenant who is over the age of sixty-two or who
occupies a low to moderate cost housing dwelling unit, or who is handicapped as
defined in Section 500072 of the California Health and Safety Code, or disabled
as defined by Section 223 of the United States Social Security Act, or who has
at least one minor child living in the unit, shall be allowed to remain as a
tenant for an additional sixty days after termination of tenancy following the
above one hundred eighty day notice of intention to convert, if reasonably
necessary as determined by the planning commission. Written notices described in
Paragraph G-1 shall advise all tenants of the availability of an additional
sixty days for those who fall within the designated categories as provided
(3) The applicant shall give each tenant of the proposed condominium
conversion project an exclusive right to contract for the purchase of the
dwelling unit occupied by the tenant upon the same or more favorable terms and
conditions than those on which such unit will be initially offered to the
general public. The right shall run for a period of not less than sixty days
from the date of issuance of the subdivision public report pursuant to Section
11018.2 of the Business and Professions Code, unless the developer receives
prior written notice of the tenant’s intention not to exercise the right.
The ultimate decision on whether such offer is consistent with the ordinance
shall be left to the discretion of the planning commission.
applicant shall provide each tenant with a copy of the report required herein
detailing all relocation and moving assistance and information to be provided by
the applicant. The applicant may be required to provide incentives and
inducements for existing tenants to purchase a condominium unit in the
conversion project where the planning commission finds that reasonably
comparative rentals are not available in the community.
(5) The applicant
shall provide each condominium unit purchaser with a copy of the reports
(6) The covenants, conditions, and restrictions
(CC&R’s), or equivalent document, shall contain, or shall be amended
to contain on the first page thereof, in type as large as any type used in the
CC&R’s notification in substantially the following terms:
"THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDING. READ IT CAREFULLY, A REAL
ESTATE BROKER IS QUALIFIED TO ADVISE YOU ON REAL ESTATE MATTERS. IF YOU DESIRE
LEGAL ADVICE, CONSULT AN ATTORNEY."
(7) The applicant shall not
discriminate, in the sale, or in the terms and conditions of sale, of any
dwelling unit against any person who is or was a lessee or tenant of any such
dwelling unit, because such person opposed, in any manner, the conversion of
such building into a condominium.
(8) From the date of approval of the
conditional use permit until the date of actual conversion, no tenant’s
rent shall be increased: (A) more frequently than once every six months, and (B)
at a rate greater than the rate of increase in the Consumer Price Index, on an
annualized basis, for the same period. This limitation shall not apply if rent
increases are provided for in leases or contracts in existence prior to the
filing date of the conditional use permit.
(9) A developer shall not evict
tenants or force tenants to vacate their rental units for the purpose of
avoiding application of this ordinance. No condominium unit shall be sold or
offered for sale if, in the one hundred fifty day period immediately preceding
the sale or offer for sale, any tenant is evicted without good cause. For one
hundred twenty days prior to offering a rental unit for sale to the public, the
tenant of that unit shall be evicted only for good cause (see definition for
good cause for eviction).
(10) After submittal of the application to
convert, any prospective tenants shall be notified in writing of the intent to
convert prior to leasing or renting any unit and shall not be subject to the
provisions herein concerning rent increase limitations.
(11) This article
shall not prejudice the rights of any tenant or landlord under a preexisting
(h) Criteria for Review of Conditional Use Permits.
planning commission shall not approve a conditional use permit for condominium
conversion if the planning commission finds that:
(A) The tenants have not
received notice as required herein.
(B) The apartment building or
residential complex proposed for conversion represents a unique and needed
rental housing source in the city or in the neighborhood, taking into
consideration such factors as the need for a balanced rental-owner housing
supply, current rentals rates, and special tenant displacement problems which
could result from the conversion.
(C) The proposed conversion would not be
consistent with the city general plan in effect at the time of the proposed
condominium conversion application.
(D) The proposed conversion does not
meet one or more of the specified development standards contained
(E) A relocation plan has not been developed to the satisfaction of
the planning commission.
(F) At any time during the eighteen months prior to
permit application more than thirty percent of the units in the project were low
cost housing, unless it finds that there are exceptional circumstances
consistent with the purposes of this section justifying approval of the permit
and a reasonable relocation assistance plan has been developed by the
(2) The planning commission shall revoke a conditional use
permit for condominium conversion if it finds that the developer has failed to
implement a relocation assistance plan.
(3) A reasonable relocation
assistance plan shall contain the following elements at a minimum:
report to each tenant concerning the availability of housing comparable to the
unit occupied by the tenant as to quality, price, and amenities.
description of the reasonable steps the applicant will undertake to assure
successful relocation of each tenant; and
(C) An unconditional offer to pay
each relocated tenant a relocation fee for the actual relocation expenses
(moving expenses, deposits, and first and last month’s rent at the new
residence) not to exceed eight hundred dollars. The planning commission may
disapprove any relocation assistance plan which does not satisfy the criteria
(D) A guarantee that alternate comparable housing as described in
Section 25-20-40(A) shall actually be found for all displaced tenants before
they may be required to move;
(E) The planning commission shall disapprove
any relocation plan that does not satisfy the criteria herein.
planning commission shall deny a conditional use permit for condominium
conversion if it finds that the applicant has not provided reasonable incentives
and inducements for existing tenants to become owners in the condominium
project, such as offering units at a discount, where the planning commission
finds that reasonable comparable rental units are not available in the
(5) The planning commission shall make a determination that comparable
housing does exist, before granting any conditional use permit for condominium
(6) The planning commission, or on appeal, the city council may
grant a conditional use permit for a condominium project which does not comply
with all of the development standards contained herein if the planning
commission or city council finds that:
(A) Because of circumstances
applicable to the subject property or the structures situated thereon, including
but not limited to the size, shape, location, or surroundings of the subject
property or the buildings thereon, but expressly excluding any consideration of
the personal circumstances of the applicant, the strict application of the
development standards would create an unreasonable economic hardship;
(B) The conditional use permit issued under this part, not in
conformance with the development standards but subject to any conditions as may
be imposed thereon, will be in substantial compliance with such development
standards; and, will incorporate mitigating features into the project which tend
to further the purpose of this section.
(7) For purposes of granting
variances to the development standards contained herein for condominium
conversions, the provisions of this paragraph relating to the circumstances for
which a variance may be granted, and the findings on which the grant of a
variance must be based, shall govern to the exclusion of the provisions of
Article 28. The variance provisions are not applicable to tenant protection
provisions nor fire safety provisions. (Amended during the March 2009