HomeMy Public PortalAboutOrd. 1263ft'
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ORDINANCE PdO. 1263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOll
AMENDING THOSE SECTIONS OF THE CITY'S SUBDIVISION
REGULATIONS WITH RESPECT TO CONVERSIONS OF PROPERTIES
TO MULTIPLE IlOUSING OWNERSHIP, INCLUDING CONDOMIidIUM,
COMMUNITY APARTMENTS AND STOCK COOPERATIVES AND ESTAB-
LISHING STAiv'DARDS, GUIDELINES, AND RULES THEREFOR
The City Council of the City of Lynwood DOES HEREBY
ORDAIN as follows:
Section 1. Chapter 25 of the official Zoning Ordinance
is hereby amended as follows:
"25-18-40 t;ultiple Ownership Housing--Condominium,
Community Apartment Project and Stock Cooperative Conversions
"25-18.40.1 Purpose
"A. To provide minimum standards for the conversion of
multi-family residential rental property to a
condominium project, as defined in Section 1350 of
the Civil Code, to a community apartment project as
defined in Section 11004 of the Business and Professions
Code, or to a stock cooperative as defined in Section
11003.2 of the Business and Professions Code.
"B. To reduce the impact of conversions on displaced
tenants by providing for relocation assistance and
adequate notification.
"C. To promote the safety of conversion projects and
correction of building .code violations.
"D. To upgrade existing residential uses to current
building and zoning code standards.
"E. To provide reasonable assurances that the project
being converted will have minimum quality standards
to maintain long-term economic value for the owner.
""L5-18.40.2 Definitions
"Fcr the purposes of this chapter the following definitions
shall apply:
"A. "Association" shall mean the organization of persons
who own a lot, parcel, area, condominium or right of
exclusive occupancy in a planned development, commu-
nity apartment project or condominium project.
"B. "Community Apartment Project" shall mean a project in
cahich an undivided interest in the land is coupled
with the right of an exclusive occupancy of any
apartment located thereon. Said definition will
include stock cooperatives as set forth in Section
11004 of the Business and Professions Code.
"C. "Condominium" shall mean an estate in real property
consisting of an undivided interest in common in a
portion of a parcel of real property, together with
a separate interest in space in a building on such
real property, such as a residence apartment or
apartment house. A condominium may include, in addition,
a separate interest in other portions of such real
property as set forth in Section 783 of the Civil Code.
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"D. "Condominium Conversion" shall mean the conversion
or division of a single ownership parcel of existing
improved real property such as an apartment project
into a condominium involving separate ownership of
individual units.
"E. "Conversion Permit" shall mean the formal application
to commence the process by which an apartment may be
converted to a condominium, stock cooperative or other
land use required by this chapter and the Subdivision
P1ap Act.
"F. "Conversion Project" shall mean the conversion of five
(5) or more existing dwelling units within an apartment
building or group of buildings to a condominium project,
a community apartment project or a stock cooperative
project.
"G. "Developer" shall mean the owner or subdivider with a
controlling proprietary interest in the property pro-
posed for conversion or the person or organization
making application thereunder.
"H. "Displaced Tenant" shall mean the tenant of a dwelling
unit who is evicted from that unit as a result of
conversion.
"I. "Multiple Housing Ownership" shall mean any form of
housing which involves some form of ownership with
exclusive rights of occupancy including condominiums,
stock cooperatives and community housing projects.
"J. "Organizational Documents" shall mean the Declaration
of Restrictions, Articles of Incorporation, By-Laws,
Conditions, Covenants and Restrictions, Department of
Real Estate Forms v'23 and 624A.
"K. "Project" shall mean the building or building complex
being converted.
"L. "Stock Cooperative" shall mean a corporation which is
formed or available primarily for the purpose of hold-
ing title to, either in fee simple or for a term of
years, improved real property, if substantially all of
the shareholders of such corporation receive a right of
exclusive occupancy in a portion of the real property,
title to which is held by the corporation, which right
of occupancy is transferable only concurrently with the
transfer of the share of stock in the corporation held
by the person having such right of occupancy.
"M. "Tenant" shall mean a person who rents, leases, or sub-
leases and who occupies through either a written or oral
agreement a residential real property from another.
°'25-18.40.3 General Requirements
"A. Vo person shall construct a new multiple owner residen-
tial structure or convert an existing residential struc-
ture to a multiple ownership residential structure,
unless a conditional use permit has been granted pursuant
to Section 25-25-7 of the Lynwood Municipal Code.
"In addition to those requirements as set forth in Section
25-25-7, the Commission must find the following:
"F.. The proposed conversion project will not adversely affect
the supply and availability of rental housing in the city
or within a specified area in the city.
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"B. Conversion shall be limited to no more than S% of the
city's potentially convertible rental stock in any one
calendar year.
"C. The proposed residential apartment conversion project
is consistent with the city's adopted General Plan and
is designated in the Land Use Element of the General
Plan for residential uses.
"D. The character of the development is such that it will
properly lend itself to multiple ownership housing.
"E. The overall design and physical condition of the con-
version achieve a high degree of aesthetic appearance,
quality, and safety.
"F. The proposed conversion will conform to the municipal
code in effect at the time of the Tentative tdap approval,
except as otherwise provided in this section.
"G. No person shall construct a multiple ownership residen-
tial structure or convert an existing residential struc-
ture to multiple ownership residential structure, unless
the proposal is in conformance with the provisions of
the Subdivision Map Act, Section 66410, et seq.
"H. Industrial & Commercial conversions shall be subject to
all applicable provisions herein as determined by the
Community Development Director & Planning Commission.
"I. In addition, the following plans and reports shall be
submitted to the Community Development Department at the
time an application to convert an existing residential
structure to multiple ownership or construct a new multi-
ple ownership residential structure:
"l. A site plan, to scale, showing all structures,
common and private spaces, accessory storage areas,
trash areas, laundry facilities, landscaped areas,
walls (including height and materials), and number
of dwelling units.
"2. Floor plans, indicating the square footage and
number of bedrooms per unit.
"3. Elevation drawings of all structures, showing
architectural features, building heights and colors
and materials of construction.
"4. A parking plan, showing the number of spaces pro-
vided and required, number of covered and uncovered
spaces, dimensioned stalls and driveways, and type
of surfacing.
"5. A physical elements report, describing the condition
of the project's plumbing, electrical, heating and
air-conditioning systems, roof, foundation, appliances
(including, but not limited to, dishwashers, garbage
disposals, stoves, ovens, refrigerators, compactors,
hot water heaters and tanks, air conditioners and
fans), and recreational facilities. The report shall
also include the date each such item was built or
replaced, its estimated remaining useful life, devia-
tion from existing codes, defective or unsafe elements
and proposed corrective measures. The report shall
be prepared by a registered civil or structural engi-
neer, or by a licensed general building contractor,
engineering contractor or architect.
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"6. A statement of repairs and improvements proposed for
the project and expected time of completion.
°'7. A structural pest control report, indicating the
absence or presence of wood-destroying pests or
organisms, prepared by a licensed operator.
"8. An acoustical report, prepared by a licensed acous-
tical engineer, evaluating the noise attenuation
characteristics of existing party walls and ceiling.
This report shall be based on a sampling of at least
ten percent (10~) of the units, but not fewer than
two (2) units, and shall indicate conformance with
performance criteria required for new construction.
"9. A utility metering report, submitted if units are
not individually metered, indicating the feasibility
thereof. The report shall be prepared by a regis-
tered civil or structural engineer or by a licensed
general building contractor, engineering contractor
or architect.
"10. A report on any soil and geological conditions re-
garding soil deposits, rock formations, faults and
groundwater affecting the project and a statement
regarding any known evidence of soil problems re-
lating to the structures. Reference shall be made
to any previous soil reports for the site and a copy
submitted with said report.
"11. A copy of the Covenants, Conditions and Restrictions
that will apply to the proposed development.
"12. A copy of the Articles of Incorporation of the
Homeowner's Association.
"13. The name and address of each tenant at the time the
application is submitted.
"14. Evidence that tenants have been notified of the in-
tent to convert sixty (60) days prior to filing of
the tentative map and have received a copy of the
City's tenant information sheet regarding conversions
as supplied by the subdivider.
"25-18.40.4 Notice to Existing Tenants
"A. Notice of Intent
"As provided in Government Code Section 66427.1(a) the
subdivider shall give a Notice of Intent to Convert to each tenant
at least sixty (60) days prior to the filing of the tentative map.
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail. The form of the notice shall be as outlined
in Government Code Section 66452.9 and approved by the Community
Development Department, and will inform the tenants of all rights
provided under this article and State Law.
"B. Notice of Public Report
"AS provided in Government Code Section 66427.1(a), each
tenant. shall. receive ten (10) days written notice that an applica-
tion for a public report will be or has been submitted to the
Department of Real Estate, and that such report will be available
on request. The written notices to tenants required by this section
shall be deemed satisfied if such notices comply with the legal re-
quirements for service by mail.
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"C. Notice of Final Map Approval
"As provided in Government Code Section 66427.1(b) each
tenant shall receive written notification within ten (10) days of
approval of a final map for the proposed conversion. The written
notices to tenants required by this section shall be deemed satis-
fied if such notices comply with the legal requirements for service
by mail.
"D. Tenant Option to Purchase
"AS provided in Government Code Section 66427.1(d), any
present tenant shall be given notice of an exclusive right to con-
tract for the purchase of his or her respective unit or any other
available unit therein 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 ninety (90) days from the date of issuance of the sub-
division 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. Evidence of
receipt of each notice to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
"E. vacation of Units
"Each tenant not in default under the obligations of the
rental agreement or lease under which he/she occupies his/her unit,
shall be given at least one-hundred eighty (180) days written notice
of intention to convert his or her unit prior to termination of
tenancy. (The subdivider shall notify each tenant immediately prior
to the time of final map approval of the anticipated date required
to vacate the unit and when the 180-day period will begin.) Evidence
of receipt by each tenant shall be submitted prior to approval of the
final map. The written notices to tenants required by this section
shall be deemed satisfied if such notices comply with the legal re-
quirements for service by mail.
"F. Notice of Public Hearings
"Written notices of all hearings before the advisory
agency or appeals to the City Council shall be served, by the:sub-
divider's cost and expense, upon residents of each dwelling unit
proposed to be included in the conversion project either by certified
mail (return receipt requested) to each dwelling unit included in
the application, or by personal service upon an adult resident of
each dwelling unit, at least ten (10) days prior to any hearing.
Such notices shall include the following:
"l. the date, time, place and purpose of the hearing;
"2. that should the conversion project be approved,
tenants may be required to vacate premises;
"3. that should the conversion project be approved, the
property owner will be required to give all tenants
a minimum of 180 days written notice of intention
to convert prior to termination of the tenancy due
to the conversion or proposed conversion.
"4. that should the conversion project be approved,
tenants will have the exclusive right to purchase
their respective unit as required by State law;
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"5. that should the conversion project be approved,
tenants in the project displaced due to the con-
version will receive three times the monthly rent
per dwelling unit plus actual moving costs, no later
than the time they surrender possession of the unit
to the owner or subdivider.
"Proof of service of the notices required by this section shall be
provided to the advisory agency or City Council by affidavit or
declaration, along with a copy of the notice served, a list of
tenants' names and apartment number each occupies and a list of
vacant apartment numbers'.
"All staff reports and recommendations must be served on the sub-
divider and on each tenant three (3) days before any hearing on
such map by the advisory agency or legislative body. Pursuant to
Government Code Section 66451.2, fees may be collected from the
subdivider for the expenses incurred.
"25-18.40.5 Notice to New Tenants
"After submittal of the sixty (60) day application to
convert, any prospective tenants for units included in the con-
version project shall be notified in writing of the intent to
convert prior to leasing or renting of any units, and if such notice
is given, as outlined in Government Code Section 66452.8(b), the
subdivider shall not be required to give such tenants the benefits
provided by Sections 25-.18.40.7 A. and 25-18-40.7 B. of this chapter.
If the subdivider fails to give notice pursuant to this section, then
the benefits provided in 25-18.40.7A and 25-18.40.7B shall apply.
"25-18.40.6 Exceptions
"The requirements of this chapter shall not apply to
conversion projects which convert solely dwelling units wYiich al-
ready are under separate ownership as part of a Stock Cooperative,
Condominium, or Community P.partment Project.
"25-18.40.7 Relocation Allowance for Displaced Tenants
"A. The subdivider shall compensate tenants for their
relocation expenses at three (3) times the monthly
rent plus the actual costs of moving from the build-
ing to be converted, after approval of the tentative
map for the conversion project. Said sum shall be
paid no later than the date possession of the units
is surrendered to the landlord or subdivider. If the
relocation fee has not been paid prior to the filing
of the final map, the subdivider shall submit written
evidence to the City that he/she has entered into an
agreement with the tenants of each dwelling unit to
pay the amount to said tenants at the time possession
of the unit is surrendered to the landlord or sub-
divider.
"B. The provisions of this section
new tenant who receives notice
pursuant to Section 25-18.40.5
has been filed, nor shall this
groups entitled to special dis
described herein.
shall not apply to any
of intention to convert
after an application
apply to any of the
placement benefits as
"Special Displacement Benefits - Groups entitled to
benefits because of the extreme difficulty experienced
by certain segments of the population in finding suit-
able, safe, sanitary and affordable housing shall be
entitled to special displacement benefits. Members of
the following groups qualify if they were the tenants
of a unit in a conversion project at the time of the
filing of the tentative map and continue to rent or
lease the unit at the time of the 180 day notice:
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"C
"1. Senior Citizens - Families where the head of the
family is sixty (60) years of age or older when
the final map is submitted for approval.
"2. Handicapped - Families containing one (1) or
more handicapped members as defined and recog-
nized by the State of California.
Benefits to be Provided - The special groups speci-
fied above shall be entitled to the following dis-
placement benefits:
"1. Relocation Counseling
"The subdivider shall submit a Counseling Assistance
Plan to provide relocation counseling and assistance
to tenants over sixty (60) years of age, or who are
handicapped as defined in Section 50072 of the Calif-
ornia Health and Safety Code, or disabled as defined
by Section 223 of the united States Social Security
Act, to aid such tenants in finding and relocating to
equivalent housing.
"Said assistance plan shall include provisions for
relocation counseling to qualified tenants by a quali-
fied agency approved for this purpose by the Director
of Community Development, and such other steps as may
be undertaken by the developer to mitigate the impact
of relocation on tenants qualified for assistance.
The actual cost of such counseling assistance shall be
borne solely by the subdivider.
"Said plan shall be approved by the advisory agency as
adequate prior to approval of the tentative map for a
conversion project. In granting such approval, the
advisory agency may approve a plan which places reason-
able limits on the costs the developer will incur in
implementing the plan. Such assistance shall include:
"a. providing current and continuing information on
the availability and prices of comparable decent,
safe and sanitary housing;
"b. providing transportation to and advice in select-
ing comparable housing.
"2. Financial Reimbursements
"A tenant who is a member of any of the groups en-
titled to the special displacement benefits shall be
provided the following financial reimbursements:
"a. Payment of actual and reasonable moving costs;
"b. Payment for actual loss of tangible personal
property resulting from the move and for the cost
of replacing any non-movable tenant-installed
improvements to the unit.
"3. A counseling assistance plan and any counseling
pursuant thereto, need not include any new tenants
who receive notice of the conversion pursuant to
Section 25-18.40.6 after an application therefor has
been filed.
"4. A counseling assistance plan need not be submitted
for any conversion project which does not have any ten-
ants who would qualify for such assistance. In such
case, the subdivider shall submit a declaration or
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a
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affidavit attesting that an investigation has been
made, and that no such tenants reside in the pro-
posed project prior to approval of the tentative map
or parcel map.
"5. Each tenant who attends, or whose spouse or de-
pendent child attends school at the time that the
Notice of Termination of Tenancy (as required by
Section 66427.1 of the State Subdivision Map Act) is
given, will be granted an extension of tenancy as
necessary to permit such person to complete the school
year, semester, or quarter (whichever is the minimum
school term) as he or she is enrolled in at such time.
As used herein, "school" includes any public or pri-
vate elementary or secondary school, college, comm-
unity college, university, or vocational school.
"25.18.40.8 Conditions of Approval
"In addition to the requirements of State law and Title
25, conversion projects shall be subject to the following regulations:
"A. The project shall comply with all building and zoning
codes applicable to new residential condominium con-
struction existing at the time of the conversion pro-
ject approval.
"B. No conversion work shall be performed on a unit until
all of its tenants have been relocated or unless one
(1) of the tenants of a unit has executed an agree-
ment to purchase.
"C. No rent increases may be assessed to tenants who were
residents of the proposed conversion project from the
time the tentative is filed, until the unit is sold,
or the subdivision is denied or withdrawn.
"D. Gas and electricity shall be separately metered for
each unit provided with a shut-off valve.
"E. A separate water heater shall be provided for each
condominium unit.
"F. A warranty, commencing from the date the first unit
is sold and terminating one (1) year after the last
unit is sold, shall be given to the Homeowner's Asso-
ciation by the subdivider against all defects in the
common area.
"1. Said warranty shall cover, at a minimum, the bear-
ing walls, columns, floors, roofs, foundations, ele-
vator equipment and shafts, central heating, central
refrigeration and central air conditioning equipment,
reservoirs, tanks, pumps and other central services,
pipes, ducts, flues, chutes, conduits, wires and other
utility installations wherever located, except the
outlets thereof when located within an individual unit,
fire and life safety system, security systems, and
any other mechanical or electrical equipment or systems
permanently installed in common area.
"2. The form of the warranty shall be approved by the
advisory agency before any tentative map or parcel
map is approved. The warranty may except from its
coverage defects resulting from ordinary wear caused
by use after the first unit is sold, defects result-
ing from lack of ordinary maintenance after the first
unit is sold, or defects resulting from misuse or
abuse after the first unit is sold.
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"G. The subdivider shall execute and record a covenant
and agreement subject to the approval of the Community
Development Director, binding the subdivider, and any
successor in interest, to provide relocation assis-
tance in a manner consistent with Section 25-18.40 of
this Chapter. The covenants and agreement shall be
executed and recorded within ten (10) days after ex-
piration of the appeal period for the tentative map
approval.
"H. Permanent mechanical equipment, including domestic
appliances, shall be shock mounted.
"I. Appliances as defined in Section25-18.40.3 of this
chapter, with less than two (2) years of useful life,
shall be replaced. A warranty, commencing with the
close of escrow and terminating after two (2) years,
shall be given to the purchaser of a converted unit
against all defects in items specified in Section
25-18.40.3 of this Chapter for a period of two (2)
years.
"J. A certificate of occupancy shall be required prior
to occupation of any converted unit..
"K. Building plan checks for conversion projects shall be
billed to the subdivider on a time and materials
basis.
"L. Additional conditions may be imposed which, in the
opinion of the Planning Commission, are reasonably
related to the purpose of this Chapter.
"25-18.40.9 Compliance with Conditions
"In the event of non-compliance with any requirements of this
Chapter, the Government Code, or conditions made as part of the
tentative or final subdivision maps, the tentative map may be re-
voked, the final map may be denied, or certificates of occupancy
may be withheld.
"25-18.40.10 Modification of Conditions
"The Planning Commission may permit minor variations only
under exceptional circumstances, when full compliance would result
in extreme hardship and it is found that the project otherwise con-
forms with the spirit and purpose of the conversion provision.
Furthermore, building code requirements may be waived only upon
recommendation by the building official."
Section 2. "Residential Condominiums" in Section
25-4.2a shall be deleted in its entirety.
Section 3. Section 25-4.2a of the Lynwood Municipal Code
shall be amended. by adding a new subsection which shall read:
R-2 R-
"MUltiple ownership housing, including condominium
community apartment project and stock cooperative conversions,
subject to all applicable provisions of Section 25-18.40 et seq. C C
Section 4. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this ordinance
or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of
any court or competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby
declares that it would have adopted this ordinance, and each section
thereof, irrespective of the fact that any one or more section, sub-
section, sentence, or place, be declared invalid or unconstitutional.
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Section 5. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance and to cause the same
to be published once in the Lynwood Press, a newspaper of general
circulation printed, published, and circulated in the City of
Lynwood.
First read at a regular meeting of the City Council of
said City held on the 19thday of November 1985 and finally
ordered published at a regular meeting of said Council held on the
3rd day of December 1985•
AYES: COUNCILMEN BYORK, D10RRIS, THOMPSON, 1VELLS, HENNINC
NOES: NONE
ABSENT: NONE
ROBERT HENNING, M~ r
City of: Lynwood
ATTEST:
Andrea L. Hooper, Cit Clerk
City of Lynwood
APPROVED AS TO FORM:
~~
E. K'ur`t Yeager
General Counsel
APPROVED AS TO CONTENT:
V~ente L. Mas, Acting Director
Community Development Department
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of-the City of Lynwood, and
ex-officio clerk of the Council of said City, do hereby certify that the
above is a true and correct copy of Ordinance No. 1263 adopted by
the City Council of the City of Lynwood, and that the same was passed on
the date and by the vote therein stated.
Dated this Sth day of December 19II5.
(SEAL)
City Clerk, City of Lynwood ~