HomeMy WebLinkAbout6.2 Condo Conversion
CITY CLERK
File # D~~[7i]~¡:z][/i]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 3, 2005
SUBJECT:
PA 04-044 Condominium Conversion Ordinance 2nd Reading.
Thc proposcd ordinance would regulate the conversion of existing
apartments in the City to condominiums.
Reporl Prepared by: JejJBaker. Assoçjale Planner~
A TT ACHMENTS:
I.
Condominiwn Conversion Ordinancc
RECOMMENDATION:
1.
2.
Open the Public Hearing;
Receive Staff Presentation and take testimony ITom the
public;
Close Public Hearing and Deliberate; and
Waive thc 2"" Reading and Adopt the Condominium
Conversion Ordinance (Attachment I) Regulating the
Conversion of Existing Apartments in the City to
Condominiums.
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3.
4.
FINANCIAL STATEMENT:
The conversion of rental apartments to for sale condominiums has the
potential to increase thc value of each unit in a project. Additional
property tax revenue wou1d be generated by establishing a new tax
basis with the sale of cach unit. The full extent of the financial
impacts would be based on the number of units that convert, the sales
price of each unit, and the City's share of the property tax rcvenue.
The City collects between 13.66% and 35.38% (average of 23.97%)
of the 1 % property tax dcpending on the area of the City where the
property is located.
Implementation of thc Condominiwn Conversion Ordinance will also
have an impact on Staff time in relation to administering and
monitoring policy provisions. The cost of Staff time could be
recovered by a condominium conversion permit application fee. The
amount of the fee would be set forth in a future resolution approved
by the City Council.
PROJECT DESCRIPTION:
Apartment units providc a type of housing that is a key to a healthy diversity of housing stock in the
community. Apartments provide housing for all levels of affordability in the community and are a
valuablc tool for providing work force housing. Staff believes that the conversion of one or two of the
City's apartment conununities could have a major impact on the diversity of the City's housing stock in
that it would remove ITom the market a significant percentage of the existing rental units. If sold rather
than rented, the units would no longer be available to a segment ofthe community that is not in a position
to purchase such units. In addition, the loss of these units would likely deerease the vacancy rate, may
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COPIES TO:
I~
In-House Distribution
Property Owners
Interested Parties
G:\PA#\2004\04-044 Condo Çonver!iion ZOA \cc5I"5-.3-05 2nd Rndin¡:;.doc
ITEM NO.
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increase rents, and this may in twu further exacerbate the City's shortagc of affordable rental units. This
might cause a lasting imbalance in the diversity of housing stock in the City.
In the past year, StafI"has received inquiries ITom scveral existing apartment owners indicating thcir intent
to file subdivision docwnents to convert their projects to condominiums. The Planning Division is
currently processing subdivision applications to create condominium units at the Iron Horse Trail
Apartments and the Emerald Park Apartments.
On September 7, 2004, the City Council adopted a Resolution (Resolution #181-04) initiating proceedings
to adopt an ordinance regulating the conversion of existing apartments in the City to tor-sale
condominiums. Following that meeting, Staff studied the various mcchanisms for regulating
eondominiwn conversions. This Study included a complete review of the Subdivision Map Act, City of
Dublin General Plan Housing Element and condominiwn conversion ordinances ITom different cities
throughout California, including the Cities of Livermorc and Walnut Creek. Based on this Study, Staff
developed a series of policy alternatives for the City Council to consider.
On November 16, 2004, Staff presented these policy alternatives to the City Council. The City Council
providcd Staff with dircction regarding the development of the proposed Condominiwn Conversion
Ordinance. The City Council further directed Staff to hold a meeting with the owners of apartments
within the City of Dublin in order to infonn them of these policy rccommendations and soJicit thcir
comments.
On December 9, 2004, Staff held a mecting with these property owners and other interested parties. Staff
utilizcd the fcedback received at this meeting to further develop the proposed Condominiwn Conversion
Ordinance.
On January 11, 2005, the Planning Commission voted 4-1 to adopt a resolution recommending that the
City Council adopt an urgency ordinance and a non urgency ordinance to regulatc the conversion of
existing apartments to condominiums.
On February 1, 2005, the City Council held a public hcaring and reviewed the Planning Commission
recommendation. However, the City Council raised concerns about the proposed Ordinance and directed
Staff to do further analysis.
On March 1,2005, the City Council revicwed a series of policy alternatives at their regular public meeting
to address the concerns raised at the meeting on February 1". The City Cow1cil provided Staff with
direction regarding key policy components and directed Staff to modity the proposed ordinance
accordingly.
On April 19, 2005, the City Council held a public hearing and reviewed the revised ordinance. The City
Council waivcd the first reading and introduced the Condominium Conversion Ordinance. However,
prior to introducing the new ordinance, the City Council direct Staff to modify two provisions found in
the ordinance and discussed below.
Annual Maximum (Section 8.54.040.B.2) - The City Council direct Staff to revise the "Annual
Maximwn" set forth in this section to equal 7% of the total nwnber of multiple-family units in
developments of twenty-onc or more rental units.
Financial Rclocation Assistance (Section 8.54.110.D) - The City Council dircct Staff to require that
eligible tcnants receive the financial assistance payment 30 days prior to the termination of thc
Eligible tenant's tenancy.
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Staff has moditied to the ordinance to reflect this direction rcceived from the City Council. The modified
ordinance is included as Attachment 1 of this Staff Report.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
enviromnental regulations require that certain projects be reviewed for cnvironmental impacts and that
environmental documents be prcparcd. This project has been found to be exempt ITom the California
Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section l5061(b)(3), because it can
be seen with certainty that there is no possibility that the proposed changes to the Municipal Codc will
have a significant effect
RECOMMENDATION:
Staff recommends that the City Council: 1) open the public hearing; 2) rcccive Staff's presentation and
take testimony fi-om the public; 3) close the public hearing and deliberate; 4) waive the 2'" reading and
adopt the Condominium Conversion Ordinance (Attachment 1) regulating the conversion of existing
apartments in the City to condominiums.
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ORDINANCE NO. - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING CHAPTER 8.54 TO THE DUBLIN MUNICIPAL CODE
(ZONING ORDINANCE) RELATING TO CONDOMINIUM CONVERSIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1.
Findings_
A. State law provides that cities have the responsibility to use the powers vested in them to
facilitate the improvement and development of housing to make adequate provision for the housing needs
of all economic segments of the community_
B. The City Council finds that conditions in the residential real estate market have led to the
increase in proposals to convert existing multi-family rental projects to condominiums and other forms of
muhiple ownership and that the conversion of one or two of the City's apartment communities could have
a major impact on the City's housing market, in that it would remove from the market a significant
percentage of the existing rental units.
C. The City Council finds that the conversion of residential structures from individual
ownership to condominiums or any other form of multiple ownership interest has the potential to create
specific community problems, both social and economic. For example, conversions may significantly
affect the balance between rental and ownership housing within the City, and thereby reduce the variety
of individual choices of tenure, type, price and location of housing. Conversion may also increase overall
rents, decrease the supply of rental housing for all income groups, displace individuals and families, and
disregard the needs of the housing market place_
D. Accordingly, the City Council finds that the adoption of a condominium-conversion
ordinance is necessary to limit the impacts on the community of condominium conversions, to provide
guidelines for the City to evaluate the economic and social problems associated with condominium
conversions, and to establish requirements that must be included in any conversion approval.
Section 2- Addition of Chapter 8.54. Chapter 8.54 is hereby added to the Dublin Zoning Ordinance to
read as follows:
CHAPTER 8.54 CONDOMINIUM CONVERSION REGULATIONS
8.54.010
Intent. The purpose of this Chapter is to:
A. Maintain a supply of affordable and market rate rental housing.
B. Provide a reasonable balance of ownership and rental housing in the community and a
variety of choices in the type and price of housing.
C.
Establish criteria for the conversion of existing multi-family rental housing to
condominiums.
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ATTACHMENT 1
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D. Reduce the impact of conversion on residents of rental housing that may be required to
relocate due to the conversion of rental housing to condominiums.
E. Provide the opportunity for very low-, low-, and moderate-income persons to participate in
the ownership process and to maintain a supply of rental housing for very low-, low-, and
moderate-.income persons; and
F. Ensure that converted housing aclùeves a lùgh degree of appearance, quality and safety.
8.54.020
8.54.030
Condominium Conversion Defined. A "condominium conversion" means the
conversion of the ownership of the units in a residential housing project containing
twenty-one or more units that are or were previously occupied as rental units from
a single ownership to an ownership in which the residential units may be sold
individually. Such condominium conversions may include, but are not limited to,
the conversion of existing multiple unit residential housing projects to any of the
following, all as defined in Civil Code section 1351 (a) a community apartment
project, (b) a condominium project, and (c) a stock cooperative.
Condominium Conversion Pennit
A. Permit Required No condominium conversion may take place in the City without the
owner first obtaining a Condominium Conversion Permit pursuant to this Chapter and,
where applicable, an approved subdivision map.
B Exemptiom. A Condominium Conversion Permit shall not be required prior to the sale of
individual units to the public for any of the following residential housing projects:
8.54.040
1.
Projects that had recorded subdivision maps for a community apartment project, a
condominium project, or a stock cooperative on or before September 7, 2004.
2.
Projects in which DOne ofthe units have been occupied as rental units.
Preliminary Application Process.
A. Preliminary Applications. Prospective applicants for Condominium Conversion Permits
shall initially submit a preliminary application on forms provided by the City. Preliminary
applications shall identity the owner orthe owner's authorized agent and the location and
number of units in the building to be converted. The preliminary application shall be
accompanied by a preliminary application fee, the amount of which shall be as set forth
ftom time to time by resolution of the City Council.
B. Department Review. The Community Development Director shall review preliminary
applications for condominium conversions. The Community Development Director shall
authorize the submittal of a Condominium Conversion Permit application if both of the
following criteria are met:
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1.
Notice ofIntent to Convert Provided. The applicant provides satisfactory
evidence to the Community Development Director that the Notice of Intent to
Convert required by section 8.54.050 was received by all tenants of the project
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proposed for conversion and that 60 days have elapsed since the applicant made the
last such notification.
2. Conversion Would Not Exceed ADnuaI Maximum. The approval of the proposal
would not result in the conversion of units in excess of the Annual Maximum. The
"Annual Maximum" for the purposes ofthis Chapter shall be equal to seven
percent (7%) of the total number of multiple-family units in developments of
twenty one (21) or more rental units in the City, as determined by the City as of
January 1 of each year. Notwithstanding the foregoing, if the number of units in a
project proposed for conversion by itself exceeds the Annual Maximum, the
Community Development Director shall authorize the submittal of a Condominium
Conversion Permit application for the proposed project, unless the Community
Development Director has during that year authorized the submittal of a
Condominium Conversion Permit application and that authorization has not
expired. If the Community Development Director authorizes the submittal of an
application to convert a project that exceeds the Annual Maximum, the total
number of units in excess of the Annual Maximum shall be subtracted ftom the
Annual Maximum for the next year (and if necessary for each subsequent year)_
Preliminary applications for each year may be submitted no earlier than January 1_
Preliminary applications shall be processed in the order that completed applications are
submitted_ If a preliminary application is rejected because it fails to meet the requirements
of subdivision B.l of this Section, the preliminary application may be resubmitted. If the
preliminary application is rejected because it fails to meet the requirements of subdivision
B.2 of this Section, the preliminary application may not be resubmitted until no sooner
than January 1 of year following the preliminary application's submittal. In either case, the
resubmittal will not be entitled to priority over preliminary applications submitted between
the original submittal and the resubmittal. Notwithstanding anything to the contrary in the
foregoing, no Condominium Conversion Permit application shall be accepted for projects
that propose to convert only a portion of the units in an existing multiple unit residential
project.
The Condominium Conversion Permit application shall be submitted no later than 60 days
following the Community Development Director's authorization_
8.54.050
Notice of Intent to Convert.
A. At least sixty (60) days prior to submitting an application for a Condominium Conversion
Permit pursuant to section 8.54.070, the applicant shall provide notice substantially in the
form outlined in subdivision B to each tenant in the project proposed for conversion.
B. The notice shall be substantially as follows:
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"To the oceupant(s) of [address):
The owner(s) of this building, at [address], planes) to file an application for a
Condominium Conversion Permit with the City of Dublin to convert this building to
condominiums, community apartments, or a stock cooperative project. You will be
provided with notice of each hearing held by the City on the proposed conversion, and you
have the right to appear and the right to be heard at any such hearing. Be advised that
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Chapter 8.56 of the Dublin Municipal Code may give you, as a tenant of a structure
proposed for conversion to condominiums, certain rights.
[signa/ure of awner or owner's agent]
[date]
C. In the event that the applicant is simultaneously applying for a tentative map and a
Condominium Conversion Permit, the notice required by this section may be combined
with the notice required by Government Code section 66452.9
8.54.060
Site Development Review Required.
Any condominium conversion shall also be subject to Site Development Review, pursuant to
Chapter 8. 104, to provide the City with a mechanism to evaluate issues related to 1tIIIÍntenance of
the property and consistency with prior site and architectural approvals and, if necessary, require
modifications to existing site conditions. The applicant shall submit an application for Site
Development Review concurrently with the application for a Condominium Conversion Permit.
The decision maker shall impose such conditions as are necessary to require that buildings,
structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways,
landscaped areas and utility facilities are refurbished and restored as necessary to ensure that the
proposed conversion project is and remains orderly and attractive.
8.54.070
CondOlDinium Application Requirements. An application for a Condominium
Conversion Permit shall be accompanied by the following items:
A. A report on the physical elements of each structure and facility, which shall include, but
not be limited to, the following:
1. A report detailing the condition of each element of the property, including
foundation, structural, electrical, plumbing, utilities, walls, ceilings, windows,
recreational facilitÎes, sound transmission of each building, mechanical equipment,
parking facilities, and appliances. Regarding each element, the report shall state to
the best knowledge or estimate of the applicant when the element was constructed
or installed, when the element was last replaced, the approximate date upon which
the element will reqUÎre replacement, the cost of replacing the element, and any
variation of the physical condition of the element from the applicable zoning and
building code. The report shall identify each known defective or unsafe element
and set forth the proposed corrective measures to be employed;
2. A report from a licensed structural pest control operator on each structure and each
unit within the structure;
3_ A report on the condition of the common area improvements, including
landscaping, lighting, utilities and streets;
4.
A report on any known soil and geological conditions regarding soil deposits, rock
formation, faults, groundwater and landslides in the vicinity of the project, and a
statement regarding any known evidence of soils problems relating to the structure.
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Reference shall be made to any previous soils report for the site and a copy
submitted with the report; and
5. A statement ofrepairs and improvements necessary to refurbish and restore the
project to achieve a high degree of appearance, quality and safety.
B. A site/development plan;
C. Specific infonnation concerning the characteristics of the project, including, but not
limited to, the following:
1. Square footage and number of rooms in each unit;
2. Estimated sales price range of units; and
3. Names and mailing address of all tenants.
D. A detailed list of rents for each unit to be converted for the twelve (12) months prior to the
application;
E. Economic and demographic information regarding the current tenants as required by the
Community Development Director;
F. A Tenant Relocation Assistance plan as required by Section 8.54.110;
G. A declaration of covenants, conditions and restrictions (CC&Rs) that would be recorded
and would apply to each owner of a condominium unit within the project. The declaration
shall include, but not be limited to, pertinent information regarding the conveyance of units
and the assignment of parking, an agreement for common area maintenance, including
facilities and landscaping, together with an estimate of any initial assessment fees
anticipated for maintenance, and an indication of appropriate responsibilities for
maintenance of all improvements and utility systems for each unit. The city has the right to
review and approve the CC&Rs to ensure that (1) the appropriate conditions of approval
are included in them and (2) those provisions reflecting the city's conditions may not be
amended without city approval; and
H. Such additional information as the Community Development Director deems necessary to
ensure the compliance with this Chapter.
8.54.080
Building Code Requirements
The building proposed for conversion and each unit within the building shall comply with the
current Housing Code as defined by section 7.48 of the Dublin Municipal Code. The Building
Official shall, if deemed necessary, inspect the project. Upon completion of the inspection, if any,
the Building Official shall identify all items evidenced by the application or the inspection to be in
noncompliance with applicable building and housing standards. All such items shall be corrected
to the satisfaction of the Building Official, prior to granting the Condominium Conversion Permit.
8.54.090
Tenant's Right to Purchase Units
A. All Units. The applicant shall, as a condition ofapproval of the Condominium Conversion
Permit and before offering the unit for sale to the general public, be required to provide tenants
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with an exelusive right to contract for the purchase of the unit occupied by the tenant upon the
same terms and conditions that such unit will be initially offered to the general public or on terms
more favorable to the tenant. The right shall run for a period of 90 days ftom the date of issuance
of the subdivision public report pursuant to section 1 IOl8 ofthe Business and Professions Code,
unless the tenant gives prior written notice of his or her intention not to exercise the right. At least
ten days prior to the submission of an application to the Department ofReaI Estate for a public
report, the applicant shall provide notice to each tenant in the project of the fact that the
application for a public report win be submitted and that upon the issuance of the public report the
tenant will be granted an exclusive right to contract for the purchase of the unit occupied by the
tenant upon the same terms and conditions that such unit will be initially offered to the general
public or on terms more favorable to the tenant. The notice shall further indicate the project will
be subject to conditions, covenants, and restrictions that establish a homeowners' association to
manage the project, that may restrict how the property is used, and that impose certain financial
obligations on the owners of units within the project, such as the payment of monthly
homeowners' association dues. In addition, within IO days of the issuance ofthe public report, the
applicant shall by mail notify each tenant in writing that the public report has been issued and shan
in writing grant the tenant the right to purchase the unit as provided in this section. If the notice is
not mailed within 10 days of the issuance ofthe public report, the tenant's right to purchase
granted pursuant to this section shall be extended for a period equal to 80 days ftom mailing of the
notification.
B. Affordable Units. If a tenant occupies an inelusionary unit pursuant to the City's
inelusionary zoning program, an ofthe provisions of Subsection A shan apply except as otherwise
provided in this Subsection B. The applicant shall initially determine the income category (i.e.
very low, low, or moderate income) under Section 8.68.030 at which the ineIusionary unit is being
rented to the tenant. The applicant shall thereupon offer the unit to the tenant at the sales price that
a unit in the unit's income category could be sold under Chapter 8.68, subject to the City's
certification of the tenant's qualifications to purchase the unit. Should the City determine that the
tenant's household income is such that the tenant does not qualify to purchase the unit within the
income category at which it is offered, the applicant shall:
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Offer the unit to the tenant pursuant to Subsection A. If the tenant accepts the
offer, the applicant shall convert a unit within the project not previously designated
as an inclusionary unit to an inelusionary unit in the income category of the unit
purchased by the tenant. The number of bedrooms in the converted unit shall be
equal to or greater than the number of bedrooms in the unit purchased by the
tenant.
2.
If the City determines that the tenant's household income is such that it meets one
of the other income categories set forth in Section 8.68.020.0 (i.e. very low, low,
and moderate incomes), and provided that there are available inelusionary units
within the project at that income category, offer the unit to the tenant at a sales
price that a unit in the tenant's income category could be sold under Chapter 8.68,
subject to the City's certification of the tenant's qualifications to purchase the unit.
If the tenant accepts the offer, the available unit shall be designated as an
inclusionary unit at the income category at which the unit purchased by the tenant
was previously rented.
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8.54.100
Limitations on Rent IncreJtses Pending Convenion. Rents shall not be
increased from the date of issuance of the Notice ofIntent to Convert pursuant to
Section 8.54.050 until twelve months following the approval of the Condominium
Conversion Permit or six months following the issuance of a public report by the
Real Estate Commissioner pursuant to Business and Professions Code section
11018, whichever occurs later. If the applicant withdraws an application for a
Condominium Conversion Permit, this section shall have no further effect.
8.54.110
Tenant Protections
A.
Requirement. The applicant shall, as a condition of approval of the Condominium
Conversion Permit, be required to implement the Tenant Relocation Assistance Plan that is
approved by the City in conjunction with the issuance of the Condominium Conversion
Permit. The Tenant Relocation Assistance Plan shall be prepared by the applicant and
shall indicate the applicant's commitment to provide the tenant benefits required by this
section.
B.
Eligible Tenant. As used in this section, the term "Eligible Tenant" means any tenant that
has a dissbility as defined in Section 54 of the California Civil Code, that was a resident of
the property both on the date of the filing of the application for a Condominium
Conversion Permit and on the date of approval of the permit, and that does not intend to
purchase a unit in the conversion project.
c.
Notice of Termination or Tenancy. Each tenant ofa project proposed for conversion
shall be given 365 days' written notice of intention to tenninate tenancy due to the
conversion. The notice shall indicate that the tenant may terminate his or her tenancy upon
30 days' notice. The notice shall also provide the tenant with a summary description of the
City-approved Tenant Relocation Assistance Plan and information on where to obtain a
copy. The notice shall also indicate that the tenant will be granted a right to purchase the
unit the tenant occupies. Each person who becomes a tenant of a conversion project after
the date ofsuch 365 days' written notice shall be given a copy of the notice ofintention to
terminate tenancy before entering into any written or oral rental agreement but shall not be
entitled to 365 days' written notice prior to termination of tenancy due to the conversion.
D.
FinanciaJ Relocation Assistance. The Plan shall include a provision that requires the
applicant to provide financial assistance equal to the rent for the three-month period prior
to the filing of the application for the Condominium Conversion Permit to any Eligible
Tenant that relocates after the issuance of the Condominium Conversion Permit. The
financial assistance payment shall be made 30 days prior to the termination of the Eligible
Tenant's tenancy, if the Eligible Tenant provides notice to the applicant of the Eligible
Tenant's termination of the lease, or 30 days prior to the expiration of 365-day Notice of
Termination of Tenancy period, whichever is earlier. Notwithstanding Subsection B of
this Section, a tenant shall be deemed an Eligible Tenant and eligible for the financial
assistance payment if the Condominium Conversion Pennit has not yet been granted but
335 days have elapsed since the tenant was provided a Notice of Termination of Tenancy.
A tenant is not entitled to financial assistance pursuant to this subsection if the tenant has
been evicted for just cause or has not made rental payments to which the applicant is
legally entitled.
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8.54.120
8.54.130
8.54.140
A.
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Notification of New Tenants. All prospective tenants of a project for which a
Notice ofIntent to Convert has been issued to tenants pursuant to section 8.54.050
shall be provided with a copy of the Notice ofIntent to Convert prior to their
execution of a lease. If provided with such notice, prospective tenants shall not be
entitled to tenant relocation assistance provided to Eligible Tenants pursuant to
section 8.54.110.
Compliance with IncIusionary Zoning Regulations. Condominium conversions
shall be treated as "new residential development projects" under and shall be
required to comply with the then-current Inclusionary Zoning Regulations in
Chapter 8.68. The decision maker shall include conditions in the Condominium
Conversion Permit approval sufficient to ensure compliance with the provisions of
Chapter 8.68. Notwithstanding the foregoing, if the project was required to comply
with the Inc1usionary Zoning Regulations at the time the project was constructed,
the project shall receive a credit for the number of affordable units required at the
time the project was constructed. Any existing affordable units within the project
created pursuant to the City's Inclusionary Zoning Regulations shall remain
affordable units. If fees were paid in lieu of creating affordable units, the credit
may only be used to satisfy that portion of the obligation under the then·current
Inc1usionary Zoning Regulations that may be satisfied by payment offees in lieu of
creation of affordable units.
By way of illustration, if at the time a 40-unit rental project was constructed, the
IncIusionary Zoning Regulations required 5% of the units in the project to be
affordable, and the developer paid fees in lieu of constructing one affordable unit
and built a moderate-income affordable unit to meet the project's obligations under
the Inc1usionary Zoning Regulations, then, upon the event of a conversion of the
40-unit project, the converter would be entitled to a two-unit credit against its
Inelusionary Zoning obligations. Thus, if the then-current Inelusionary Zoning
Regulations require that 12.5% of the units be affordable and provide that at least
7.5% of the units must be constructed, then the converter's Inelusionary Zoning
Obligation would be 3 units, which is 5 units minus the two-unit credit. One unit
of credit would be associated with the moderate-income affordable unit that would
remain affordable. As the other unit of credit was created by the payment of in-lieu
fees and is equal to 2.5% of the total units in the project, only one unit of the
remaining inelusionary obligation on units could be satisfied through the payment
of in-lieu fees. Pursuant to the income-level allocations and rounding conventions
set forth in section 8.68.030.B, the project's 3 affordable units are required to be
distributed to the three income categories as follows: 1 moderate-income unit, 1
low-income unit, and 1 very low-income unit. Since the existing unit is a
moderate-income unit, the two additional affordable units would have to be
provided in the very low- and low-income categories.
Development Standards - Utilities
Gas. Each condominium unit shall have a separate gas service where gas is a necessary
utility. If this provision places unreasonable economic burden on the applicant, the
Building Official may approve an alternative method.
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B. Electricity. Each condominium unit shall have a separate electrical service, with separate
meters and disconnects.
C. Telephone Company Access. The telephone company serving the location under
conversion shall have the right to construct and maintain (place, operate, inspect, repair,
replace, and remove) communication facilities as it may ftom time-to-time require
(including access) in or upon any portion of the common area, including the interior and
exterior of the buildings as necessary to maintain communication service within the
project. This provision may not be amended or terminated without the consent of the
serving telephone company.
8.54.150
Findings Required for Approval
The decision maker shall not approve a Condominium Conversion Permit unless it finds:
A. That the proposed conversion is consistent with the General Plan and any applicable
specific plans, in particular with the objectives, policies, and programs ofthe Housing
Element of the General Plan designed to provide for the housing needs of all economic
segments of the community.
B. That the proposed conversion, as conditioned, conforms to the requirements of this
Chapter.
C. That the approval would not result in the conversion of units in excess of the Annual
Maximum, as defined in section 8.54.040. The Annual Maximum shall be based on the
year in which the Community Development Director authorized the filing of II
Condominium Conversion Permit application. Notwithstanding the foregoing, if the
number of units in a project proposed for conversion by itself exceeds the Annual
Maximum, the decision maker shall not refuse to approve application because it would
result in the conversion of units in excess of the Annual Maximum.
8.54.160
8.54. t 70
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Term and Lapse of Condominium Conversion Permit. A Condominium
Conversion Pennit shaH lapse I year following the date on which the permit
became effective, if the applicant has not yet received a subdivision public report
ITom the Real Estate Commissioner pursuant to Business and Professions Code
section I 1018 authorizing the sale of the units proposed for conversion to the
public. The permit shall be extended for a period of not more than one year, if the
Community Development Director finds that the applicant is diligently pursuing
but has not yet received a subdivision public report ftom the Real Estate
Commissioner pursuant to Business and Professions Code section 11018
authorizing the sale of the units proposed for conversion to the public. Upon
receipt of the subdivision public report ftom the Real Estate Commissioner
authorizing the sale of the units proposed for conversion to the public, the
Condominium Conversion Permit shall be automatically extended so long as the
subdivision public report remains in effect.
Action. The decision maker for Condominium Conversion Permits shall be the
Planning Commission. The Planning Commission shaH hold a public hearing, and
after the public hearing is closed may, by resolution and based on evidence in the
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5.54.180
A.
B.
c.
Section 3:
its adoption.
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public record and the findings above approve, conditionally approve, or deny a
Condominium Conversion Permit.
Adjustments and Waivers.
Authority to Waive or Adjust Requirements. The requirements ofthis Chapter may be
adjusted or waived if the property owner demonstrates to the City Manager that applying
the requirements of this Chapter would take property in violation of the United States or
California Constitutions. A person seeking an adjustment or waiver shaJl apply to the City
Manager and provide such information as the City Manager finds is necessary to determine
whether applying the requirements ofthis Chapter would take property in violation of the
United States or California Constitutions.
Consideration and Decision. In making a detennination on an application to adjust or
waive the requirements of this Chapter, the City Manager shall consider all relevant
evidence submitted by the applicant. The burden shall be on the applicant to demonstrate
that applying the requirements of this Chapter would take property in violation of the
United States of California Constitutions. The City Manager, upon legal advice provided
by the City Attorney, will make a determination on the application and issue a written
decision. The City Manager's decision shall be final.
Adjustment or Waiver of Requirements. If the City Manager, upon legal advice
provided by the City Attorney, detennines that the application of the provisions of this
Chapter would take property in violation of the United States or California Constitutions,
the requirements of this Chapter shall be modified, adjusted or waived to reduce the
obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If
the City Manager determines no violation of the United States or California Constitutions
would occur through application of this Chapter, the requirements of this Chapter remain
applicable.
Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following
Section 4: Posting. The City Clerk ofthe City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State ofCalifomia.
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ArrEST:
, City Clerk
K2/G/5-3'{)5/ord-condo-conversions (Item 6.2)
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