Condominium Conversion Ordinance Amendments - Granicus

AGENDA November 3 2009 5 1CATEGORY Public Hearing

DEPT Community Development City Attorney

CITY OF MOUNTAIN VIEWo

TITLE Condominium Conversion OrdinanceAmendments

RECOMMENDATION

Introduce AN ORDINANCE AMENDING ARTICLES I II VI VII AND VIII OF

CHAPTER 28 OF THE MOUNTAIN VIEW CITY CODE RELATING TO CONDOMINIUMS

COMMUNITY APARTMENT PROJECTS ANDCOMMON GREEN SUBDIVISIONS to be

read in title only further reading waived and set a second reading for November 17 2009

FISCAL IMPACT None

BACKGROUND

Condo conversion is a term which refers to a change from one form of ownership multipleunits owned by one party to multiple parties owning the individual units in a residential

commercial or industrial project The result of a conversion is that rental units are converted

to ownership

A conversion is accomplished through the approval of a subdivision or condominium map

The City added its first condo conversion ordinance to the City s map act in 1972 That

ordinance was last amended in 1979 The voters amended the City s map act in 1979 The

Conversion Limitation Act discussed below which 1 established a floor of 15 373 rental

units in the City and 2 prohibited the approval of further condo conversions if the numberof rental units fell below that floor The two 2 goals of both of these efforts in the

1970s were 1 stabilize preserve the rental housing inventory and 2 mitigate the impacton tenants removed from the rental units

The Interim Condominium Conversion Ordinance

The City s Interim Condominium Conversion Ordinance was adopted in June 2004 to respondto the growing interest in converting apartments and other types of housing to condomini

ums This time in addition to the two existing goals of our condo conversion program the

ordinance was aimed at the additional concern of the safety and structural suitability of

conversions The reason since the 1970s the housing stock which was the focus of the

conversion attempts was now 30 to 40 years older The interim ordinance also addressed the

conversion of commercial industrial units from multi unit complexes owned by a singleentity to individual ownership

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November 3 2009

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Most of the proposals reviewed during this time were not suitable for conversion due to

seismic and building code issues e g soft stories site conditions such as inadequateparking and nonconforming setbacks and overall lack of quality site and building designs

The interim ordinance was extended in October 2005 for an additional two years sunsettingin October 2007 The permanent ordinance wasnot agendized since that time because 1 the

total number of apartments in the City fellbelow the 1979 voter initiativeordinance number

of 15 373 apartments which prohibited the City from accepting any new conversion applications 2 the additional protections of the interim ordinance could still be applied to

conversion requests and 3 staff took the opportunity to integrate the various individual

provisions of the condo program into a rewrite of that portion of the City s map act

Staff is now bringing forward a permanent ordinance based on the interim ordinance

framework direction from the City Council the Environmental Planning Commission s

recommendations as well as updating and reorganizational changes to our map act

The Council and EPC have participated throughout the development of these ordinances A

summary of that input is attached to this report as Attachment 1

The Conversion Limitation Act A Brief Overview

In the late 1970s the City began experiencing a large number of proposals to convertexistingapartments to condominiums In response to these proposals and to protect the largelyaffordable rental stock in the community from converting to condos an initiative ordinance

was enacted in 1979 through a special vote by City residents This ordinance is notproposedfor any changes as any changes would require voter approval

The initiative ordinance stated that the City shall determine the total number of apartmentsin the City which was determined to be 15 373 units at the time see Attachment 2

1979 Conversion Limitation Act The initiative ordinance further stated that no applicationfor conversion shall be allowed if it reduces the total number of apartments below this initial

number The ordinance does however contain a majority petition exception clause which

allows an apartment to be converted if more than 50 percent of abuilding s tenants submit a

petition to the City consenting to a conversion

Currently the City has a total of 14 992 apartments see Attachment 3Current ApartmentTotals Staff has updated this number starting with 2000 Census information and by also

using more accurate data from the County Assessor s Office and City building permit records

and by field checking approximately 100 properties

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November 3 2009

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Additionally staff has used a more stringent methodology by removing the followingcategories from the total number of apartments in the City

1 Apartments with condo maps Some apartments such as Avalon Towers on

EI Camino Real include condo maps even though they are currently being used as

apartments These types of apartments have now been removed from the apartmenttotal Staff notes that since they have approved condo maps they could be sold in the

future so they should not be counted as apartments

2 Recent demolitions Staff notes that recent past development trends have includeddemolition of apartments These apartments have now been removed from the

apartment total even though they may still be in use

Using this more stringent methodology the last two conversion projects approved in

2005 and 2006 were consistent with the 1979 ordinance as they did not reduce the total

number of apartments below the 1979 level of 15 373 units When the last conversion was

approved in March 2006 a total of 15435 apartments existed in the City However thenumber of apartments in the City is currently below 1979 levels because 1 the previouslyapproved 75 unit apartment project at 2545 2585 West Middlefield Road which added

apartment stock to the City has recently expired and 2 a number of projects have been

approved which included demolition of apartments which reduced the total number of

apartments to 14 992 units 381 units lower than the 1979 level of 15 373 units

Demolitions and Conversions

Since the total number of apartments fell below the 1979 voter initiative as noted above no

condominium conversion applications can be accepted by the City Applications for con

dominium conversions can only be submitted once the total number of apartments in the Cityequals or exceeds the 15 373 unit total from 1979

However applications to demolish apartments and redevelop a site with new housing can

still be submitted to the City because

1 The Ellis Act State law determined that apartment complexes could go out ofbusiness

ie property owners could allow their apartment units to go vacant and then they could

be demolished

2 Applications to demolish apartment units would not be considered a condominium

conversion since the definition of conversion from the 1979 ordinance refers only to a

change in ownership and does not address the issue of demolition

3 The voter initiative ordinance in 1979 did notconsider the potential need to replaceaging housing with new housing According to 2000 Census data approximately

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November 3 2009

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78 percent of the City s housing stock wasbuilt before 1979 Therefore it may be

appropriate to redevelop some older apartments based on their condition

Apartments in Mountain View Publicly Accessible Information

Council and a number of community members noted that information on the total number of

apartments in the City should be more accessible to the public Staff has posted the number

of apartments on the City s Community Development Department CDD web site

http www mountainview gov serviceslearn abouCour city demographics asp This number will

be updated periodically by CDD staff

Tenant Relocation Assistance

Tenant relocation assistance wasnot discussed as part of the update of this ordinance The

EPC did however recommend that any relocation assistance for condominium conversions

be consistent with any general City wide relocation policy Therefore the proposed ordi

nance states that any conversion shall comply with the City s latest tenant relocationassistance policy

ENVIRONMENTAL STATUS

The proposed amendments to this ordinance are exempt from CEQA under Section 15183

Projects Consistent with a Community Plan General Plan or Zoning This section states that

projects that are consistent with the development density established by existing zoning or

General Plan policies for which an EIR was certified shall not require additional environ

mental review Since this ordinance would be consistent with the current General Plan in

terms of residential densities no additional environmental review is required

THE EXISTING ORDINANCES

The City s current condo conversion ordinance and the voter adopted Conversion Limitation

Act are found in Chapter 28 of the City Code which is part of the City s Subdivision Map Act

They are essentially stand alone articles within that chapter and are not integrated with other

sections of the City s map act and for that reason some inconsistencies exist between termi

nologies in these articles and other sections of the map act

The City s existing condo conversion ordinance incorporates the tenant notice requirementsthe inspection reports as well as the safety concerns of State law For example under the

existing Chapter 28 requirements condominium conversions are required to be considered in

accordance with the current Housing Code Unsafe Structures Code Building SecurityOrdinance and requirements of the Fire Code or regulations for smoke detectors etc at the

time of conversion The interim ordinance added additional requirements such as seismic

safety which are included in the new ordinance

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November 3 2009

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The existing ordinance did not give the City Council the ability to review proposed conver

sions of commercial industrial space to individual condominium ownerships except throughthe General Map Act provisions

THE PROPOSED ORDINANCE

There are nosignificant changes in the proposed ordinance other than it will formalize the

requirements of the interim ordinance Specifically in Section 28 76 of the proposedordinance the following standards for conversion will govern review of conversion

applications

1 Ordinances in Effect at Time of Construction This follows the current ordinance of

requiring the structures to comply with ordinances and regulations in effect at the time

of construction

2 Zoning Provisions The structures must comply with current Residential ZoningOrdinance standards for density floor area ratio building setback open space parkingand circulation

3 Minor Exceptions Allowed The Council approved minor exceptions to current

Residential Zoning Ordinance standards for up to 10 percent for building setback and upto 15 percent for open space requirements only

4 Special Features The Council s review of conversion requests may impose specialdesign and improvement features and amenities ie usable open space children s playarea and similarphysical improvements as conditions of approval of said map This is

consistent with the City s general design and improvement regulation under the map act

and planning codes

5 Building Seismic and Fire Code ComplianceThis updates our current requirements to

include both seismic safety and updated fire safety and habitability standards which

were not the focus of much concernor regulation in the 1970s

6 Integration The proposed ordinance will for the first time integrate the condo conver

sion sections with the Conversion Limitation Acts and the companion provisions of the

City s map act The integration and organizational changes will make this section of the

City Code more user friendly and achieve greater internal consistency with terms and

sections

7 Size of Complex Since Council directed the integration of the condo conversion processwith the voter approved Conversion Limitation Act the proposed ordinance applies to

all proposed conversions The ordinance does require that structures proposed for

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November 3 2009

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conversion must be built as apartments or townhomes and found suitable for

conversion and excludes duplexes through six plexes built as one structure

Recommendation

Staff recommends Council move forward with introduction of this ordinance

OPTION

Modify any proposed language or section of the ordinance

PUBLIC NOTICING

Agenda posting newspaper noticing and mailing to persons on the condominium conversion

contact list

Prepared by

llfltMartin Alkire

Principal Planner

Michael D Martello

City Attorney

MA 7 CAM

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Kevin C DugganCity Manager

Attachments 1

2

3

4

5

6

7

Comments of Council and Environmental Planning Commission

1979 Conversion Limitation Act

Current Apartment Totals

February 13 2007 Study Session Minutes

April 18 2007 EPC Staff ReportPublic Comments

Proposed Condominium Conversion Ordinance

cc Condominium Conversion Ordinance Contact List

Attachment 1

COMMENTS BY CITY COUNCIL

AND ENVIRONMENTAL PLANNING COMMISSION

City Council Study Session February 13 2007

The City Council held a Study Session on February 13 2007 to discuss the proposedordinance amendments see Attachment 4 of the staff report February 13 2007 StudySession Minutes and provided the following comments After each comment in italics

is a status update on how each comment has been addressed

General Comments

Conversions should meet new development standards but flexibility should be

allowed in meeting these standards as provided for in the interim ordinance The

interim ordinance flexibility regarding open space and setback requirements has been

included in the permanent ordinance

Redevelopment of apartments which could reduce the total number of apartmentsin the City may be appropriate if the apartments are in substandard condition See

Discussion and Analysis section

Publicly available documentation of the total apartment count in the City is

important This information has been added to the City s web site in the Demographicssection

Total Apartment Methodology

Subtract demolitions and apartments with condominium maps from the total

apartment count when determining the number of apartments per the

1979 Conversion Limitation Act This methodology will be used in the future when

determining the number ofapartments

Permanent Ordinance Framework

The permanent ordinance should be modeled after the requirements in the interim

ordinance framework The permanent ordinance has been modeled after the interim

ordinance in terms of content although it has been formatted differently to provide greaterconsistency and clarity within Chapter 28 of the City s Subdivision Code

Apartment Complex Size

A minimum apartment complex size of 10 to 15 units may be appropriate in order

toprovide an adequate financial base to address future property and buildingimprovements although smaller complexes may be appropriate for conversion as

1

some owners of these complexes might be able to address required common

improvements themselves without professional management assistance The

recommended minimum apartment complex size has been eliminated based on the Council

determination that this ordinance be integrated with the Conversion Limitation Act

Environmental Planning Commission EPC Recommendations

The EPC held a public hearing on April 18 2007 see Attachment 5 of the staff reportApril 18 2007 EPC Staff Report and made the following recommendations

1979 Conversion Limitation Act Voter Initiative

The intent of the 1979 Conversion Limitation Act was to regulate conversions of

apartments to condominiums The redevelopment of older apartments should not

be restricted or regulated through the City s Condominium Conversion Ordinance

See Discussion and Analysis section below

Recommend that the issue of regulating the demolition and redevelopment of

apartment sites be studied outside of the Condominium Conversion Ordinance

update and that it be pursued through a change in the City Code

Methodology

Recommend using the staff developed methodology for calculating the total

apartments in the City which clarifies that apartments that have been mapped as

condominiums in addition togovernment subsidized apartments are subtracted

from the total number of apartments in the City which is consistent with the

1979 Conversion Limitation Act This methodology will be used in the future when

determining the number ofapartments

Permanent Ordinance Framework

Recommend that residential conversions shall comply with current zoningstandards for density floor area ratio parking and circulation and commercial

and industrial conversions shall comply with current zoning standards for floor

area ratio and parking and circulation All conversions shall comply with updatedBuilding Code standards as defined by the Building Official The recommended

standards have been included in the permanent ordinance in addition to updated BuildingCode standards relating to seismic fire life safety and other related code standards

Recommend that the Condominium Conversion Ordinance shall allow minor

exceptions for up to 10 percent for building setback requirements and 15 percentfor open space requirements These setback and open space exceptions have been added

to the permanent ordinance

2


Recommend conversions of apartment complexes with six or more units as

allowed under the Interim Condominium Conversion Ordinance

Findings

Recommend maintaining the existing findings required for approval of

condominium conversions which include the required findings for projects with

tentative maps and development review permits The existing required findings forcondominium conversions are referenced in the permanent ordinance

Tenant Relocation Assistance

Recommend that the tenant relocation policy for condominium conversions be

consistent with current or future general City tenant relocation policies The

permanent ordinance includes language which requires that any conversion meet the

City s most current tenant relocation assistance policy The City s proposed tenant

relocation assistance policy is scheduled to be considered by Council on November 17

Public Comments

Several members of the public ororganizations have provided both written and verbal

comments regarding the condominium conversion ordinance see Attachment 6 of the

staff report Public Comments

A few of the primary public commentspreviously received are included below with

staff responses following in italics

Support for the staff recommended apartment methodology as considered by the

ordinance This methodology will be used in the future when determining the number ofapartments

The intent of the 1979 ordinance was to preserve affordable housing therefore the

demolition and redevelopment of apartment sites with new condominiums should

be defined as a condominium conversion See Discussion and Analysis section

Provide the current number of apartments in the City in a more publicly accessible

manner This information is now available on the City s web site and will be updatedperiodically by staff

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ATTACHMENT 2ORDINANCE NO 45 79

AN ORDINANCE ADDING ARTICLE IX TO CHAPTER 28OF THE MOUNTAIN VIEW CITY CODE ENTITLEDCONDOMINIUM CONVERSION ACT

The fo 11 owi n9 ordinance was proposed as an 1n it i at lVe measure and was enactedby a vote of the electorate at a Special Mun1cipal Elect10n held November 6 1979

ARTICLE IX CONVERSION LIMITATION ACT In1t1atlve Ord1nance

The people of the Clty of Mountain Vlew do ordain as follows

SEC 28 90 Statement of purpose

In order to provlde for the hous1ng needs of all economicsegments of the community thlS ordinance urgently 11mitsthe conversion of apartments lnto condominiums and other typesof ownership that could reduce the supply of rental hous1ng

SEC 28 91 Definitions

As used ln this ordinance

a Apartmentrefers to a dwell1ng in a structuredeslgned or used to house two or more persons or famlllesliving independently of each other Excluded are rentalunits in hotels motels inns tourist homes roomlng andboarding houses hospltals and likefacilitles

b Apartment complexrefers to the entire parcel ofreal property or adjacent parcel under slngle ownershiplncluding at least two apartments and all other structuresthereon all or part of WhlCh 1S rented or leased for res dentlal purposes Condom1nlums condominium proJects communityapartment projects and common green subdivlsions are notapartment complexes

c The total number of apartmentsshall include allapartments ln apartment complexes regardless of whether theyare currently occuple It shall also include apartments thathave been proposed or approved for conv rs10n where the conversion has not yet occurred The only apartments excludedfrom the total number shall be those not in an apartmentcomplex and those constructed with government funds for disadvantaged persons

d Conversionrefers to a change in the type of ownerSh1p to a condominium condominium project communlty apartment project common green subdlvlslon or to any other formwhlch might reduce the likelihood that any affected apartmentwlll be rented or leased to the general publ1C for resldential purposes

e A conversion does not occuruntil the change inownershlp is coupled wlth the right to 1mmediately possessevery affected apartment In no event shall a conversion bedeemed to have occurred untll the expiratlon of one year following notice to affected tenants of the proposed conversion

f A deficit in the total number of apartments refersto the number of apartments that must be newly opened foroccupancy in order to bring the total number of apartments upto ltS lnltlal number and thereby enable further new apartmentsto authorlze converSlons under Sec 28 92 of thls ordlnance

7326

g Application refers to those documents required bylaw to be fIled with the city in order to initiate approvalof a conversion

h Tenant refers to a tenant subtenant lesseesublessee or any other person ent1tled to the use or occupancy of any apartment

1 Landlord refers to an owner lessor sublessor orother person entitled to receive rent for the use or occupancyof any apartment or an agent or successor of any of the foregoing

j A tenant mayII legal I y represent an apartment only

if he or she 1S an adult in lawful possession thereof and hasobtained the prior written consent to the conversion of anyother adult tenants 1n lawful posseSS10n of the same apartment

1SEC 28 92 Limitatlon on converslons

Within thirty 30 days of the effective date of thisordinance the Mounta1n View Clty Council shall ascerta1n andformally declare the total number of apartments then existing1n the City of Mounta1n View That shall be the initial totalnumber Except as provided in Sec 28 93 of th1s ordlnanceand notwithstanding any other prov1s10n of law no applicat10n for converS10n shall be f1led nor shall anyconverS10nbe approved or allowed to occur unless It is publicly documented beforehand that the total number of apartments w1llnot at any time be reduced by the proposed converSlon toany number below the lnit1al total number

SEC 28 93 Majority petition exception

Notwlthstandlng the limitatlon on conversions lmposed bySec 28 92 of this ordinance an application for a conversionmay be filed and a conversion may be approved and allowed tooccur if such applicat10n 1S accompanied by a pet1tion s1gnedby tenants who legally represent a majorlty over 50 of allthe apartments 1n the apartment complex any part of wh1ch 1S

proposed for conversion The petit10n shall clearly statethat each undersigned tenant irrevocabl consents to the specified con ers10n and that each declares under penalty ofperJury that his or her current lntention is to purchaseone or more of the apartments to be to be converted Eachundersigned tenant shall write the date of sig ing his orher apartment number or other apartment des1gnation and themonth and year he or she began lawfully possessing such apartment To be valid the entire petition must be filed withthe Clty of Mountain View with1n S1xty 60 days of the earliest date of slgning True coples of all filed pet1tionsshall immediately be made available by the city for publicInspect10n Noth1ng In th1s section shall be construed torequ1re approval of any converSlon Once a conversion authorized by this section is approved however it shall create adeficlt in the total number of apartments Such deficit shallequal the number of apartments to be converted

lResol t10n No 12885 adopted 12 10 79 decl red the inltialtotal number of apartments to be 15 373

7327

SEC 28 94 Scope

All converS10ns shall be subJect to this ordinance except

a Those that have already occurred by the effect1vedate and

b Those that had already received city counc1l approvalof the tentative map before the date the not1ce of 1ntent toc1rculate the petition calling for this ord1nance was publ shedNritice of intent to c1rculate the petition was published

March 26 1979

SEC 28 95 Tenant protect10ns

It shall be unlawful for any landlord to seek to eVlct orotherw1se penal1ze any tenant if the landlord 1S motivated1n any substantlal part by the tenant s actual or prospective opposition to any conversion Violatlon of this section shall constltute a defense to any act10n to recover

posseSS10n from the tenant and shall give rise to a causeof action by the tenant for actual damages injunctive reliefand punitlve damages 1n the amount of 500 or in such greateramount as is allowed by law Any wa1ver of these protectionsshall be vOld

SEC 28 96 Effectiv date

Th1S ordlnance shall go 1nto effect ten 10 days after itis adopted or as soon thereafter as is permitted by lawEffective November 23 1979

SEC 28 97 Partial invalld1ty

If any provislon of this ordinance or application thereof1S held 1nvalid such 1nvalid1ty shall not affect any otherprovlsion or application of th1S ordlnance whlch can be giveneffectw1thout the 1nval id provision or appl ication andto th1S end the provisions of this ordinance are declared tobe severable

The results of the election were certified by the City Council on November 131979 by adoption of Resolut10n No 12848 Tne 1n1t1at1ve ordlnance became effectwe ten days thereafter on November 23 1979

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ATTACHMENT 4

appointees He noted that he is intending to prepare a synopsis and proposal on

the changes for review of the Council Procedures Committee if the other

Councilmembers are in agreement

Councilmember Pear reported that he along with Councilmembers Bryant and

Siegel and Mayor Macias attended a new urbanism seminar sponsored byRedwood City onWednesday night where they reviewed the City of Hercules and

its development build out structured in a sustainability walkability and

affordability

10 STUDY SESSION HELD IN THE PLAZA CONFERENCE ROOM

10 1 CONDO CONVERSION ORDINANCE

The Acting Principal Planner provided the Council with background information

regarding the City s Interim Condominium Conversion Ordinance and requestedCouncil input on key policy issues for development of an updated permanentordinance

In 1979 the voter initiative ordinance was approved determining the total number

of existing apartments in the City tobe 15 373 units and further stated that no

applications for conversion shall be allowed if such conversion reduces the total

number of apartments below the initial number However the ordinance contains

amajority petition exception clause allowing apartments tobe converted to

condominiums if more than 50 percent of the building tenants submit apetition to

the City consenting to such conversion

While staff has kept a general running total of the number of apartments in the

City over the years based onCensus data the interim ordinance has provided staff

with time to do a more thorough analysis of the total number of apartment in the

City

Additionally staff has used a more stringent method by removing the followingcategories from the total number of apartments in the City

Apartments with condo maps

Demolitions of apartment units on site that have approvals for

redevelopment

Using this approach the last two conversion projects were consistent with the

1979 ordinance as they did not reduce the total number of apartments below

15 373 units the total number Qf apartments was 15 444

Regular Meeting February 13 2007 Page 12

However after these approvals a number of redevelopment projects were

approved in the last few months which will reduce the total number of apartmentsto 15 120 ie 253 units lower than the 1979 level of 15 373 units

This will prohibit any new conversions from being approved unless additional

apartments bring the number above the 1979 level or unless the majority petitionexception clause is used

This number only restricts condo conversion applications but does notprohibit the

demolition of apartment units

In 2003 the City began to receive a large number of conversion proposals and

upon review staff discovered that many were for units that weresubstandard

needing upgrades in building electrical and fire codes An updated conversion

ordinance should therefore include specifications about required improvementswhich result in quality projects with the goal of protecting potential buyers The

existing interim ordinance requires that projects must meet current R3 standards

for density FAR floor area ratio and parking they must also meet buildingseismic fire and life safety codes The interim ordinance allows some exceptionsfrom the current R3 standards specifically a 10 percent setback exception and a

15 percent open space exception which allows some flexibility in meeting current

zoning standards while still requiring compliance with the more significantstandards for density FAR and parking The interim ordinance mandates that

conversions only be permitted for apartment buildings with 6 or more units with

staff proposing that this criteria be increased to 10 units or more because a largersize contributes to a greater homeowners association financial base to deal with

prop rty and maintenance issues in the future Staff recommends that these

policies are working well and that the basic framework of the interim ordinance be

incorporated into apermanent ordinance Tenants are protected under State law

and also the Mountain View City Code provides tenants with a 90 day exclusive

right topurchase their respective unitunder the same terms and conditions beingoffered to the general public Tenants are given a 60 day advance written notice

prior to filing a tentative map of the intent to convert tocondominiums They are

also provided with a written notice within 10 days of approval of the tentative

map There is no written policy to provide for monetary assistance for tenant

relocation although as occurred in two recent conversions 1939 Rock Street and

2002 Middlefield Road moving assistance allowances and full refunds of securitydeposits were voluntarily provided by the developers


Inconcluding the presentation the Acting Principal Planner indicated that the four

policy issues that staff is asking Council to address are as follows

1 The total apartment number methodology for calculating the total number of

apartments in the City by eliminating those with condo maps and apartmentsrecently approved for demolition from the total

2 A permanent ordinance framework based on the basic framework of thecurrent interim ordinance

3 Apartment size determination with staff recommending that only complexeswith 10 or more unitsbe allowed toconvert to condominiums and

4 Tenant monetary assistance for relocation in an amount that would equalthree months rent tobe provided by the developers

The public input period was opened

Donna Yobs MountainView stated that as a representative of the League of

Women Voters of Los Altos MountainView she wrote to the Council about a

year ago regarding concerns about the Conversion Limitation Act of 1979 The

League s main concern is that there has not been adequate public documentationas required by the Conversion Limitation Act Secondly they are concerned that

when apartments are demolished and replaced by condominiums staff isnot

considering them as a conversion which is inconsistent with the intent of the

1979 initiative The League hopes that Council will ensure that the original intent

of the ordinance is maintained and strengthened She suggested that perhaps a

vacancy rate of over 5 percent as used in other communities could be requiredbefore conversions arepermitted or a ratio of rentals to ownership units criteria

could be included in order to preserve rentals the major source of affordable

housing

Doug Delong MountainView was pleased that there is finally a discussion

regarding the dynamics of handling issues that are approved but have not yet been

built The ordinance requires public documentation before conversion applicationis accepted and processed but he does notbelieve that has ever occurred And he

does not believe that past waiving of the requirements has everbeen documented

or justified He hopes that will change in the future

Seeing no one else wishing to speak the public input period was closed

A Councilmember referred to the first townhome he owned as a 14 unit complexwith a small homeowners association stating that it worked but basically requiredthe homeowners to take care of all maintenance responsibilities He would like


more information and the best minimum number of units for conversion Whetherthe number set in the 1979 initiative is good or bad it cannot be changed and theCity is already below that number He is certainly willing to support advisinganyone converting that the unitsmust meet today s standards as with any new

projects However since some of these units are 30 years old to40 years old the

City may have to reach some type of compromise when considering bringing them

up tocode Regarding tenant relocation and the use of BMR fees this will bediscussed later As far as tenant purchase he would like to see an owner offertenants a deep discount on the prices of their unit should they decide to purchasethat but feels such negotiations ultimately should best be kept between the two

parties involved He also asked for information on type of upgrades and how theywork in this process

Another Councilmember mentioned that she appreciates that staff counted thenumber of apartments that were lost to demolition and would like that information to be considered as they proceed At this time she is ready toaccept the staffrecommendation that they make the interim ordinance apermanent one withsome modifications She agrees that discussion of tenant relocation issues shouldbe deferred to another time She advocates for tenant protections and wants to

make sure that tenants are not coerced into signing something that could result intheir losing their apartment

Another Councilmember commented that the City needs to find away to use

public documentation so that it is readily available to those interested Shebelieves that there should be no less than 15 units for a conversion because homeowners associations can be quite complicated And when the association responsibilities are done entirely by volunteers the results may not be as desired She

agrees with considering a majority petition in conversion versus an advantageousopportunity and hopes that Council will consider that as well

A different Councilmember expressed concern about substandard projectsRedoing an apartment building from the inside out is far more expensive than

demolition and starting over Apartments are the most affordable housingwithout question He has heard that an average tenancy is about two years and

this information can be discussed further when they broach the issue of tenant

relocation He isnot concerned about conversion of units that would result in a

good product other than the affordability aspects He does not believe that everycomplex needs a project management firm to run the homeowners association He

sees that issue as a great area tobe considered further He believes that buildingswith condo maps should be included now and only eliminated when they actuallydo convert to condominiums He believes that the City needs to preserve its

apartment stock but on the other hand some of it is in dire need of replacement


Ii

Another Councilmember agreed that many apartments in the area are simply not

desirable living spaces To avoid a great many problems he would like to see very

strict code enforcement before these are converted if they are converted

The City Attorney advised that he believes a Councilmember is asking staff to

bring back an ordinance that would tie the condominium conversion ordinance

and the related conversion limitation with the ones that are knocked down or

redevelopment projects The conversion limitation passed by the voters did not

include the units that were knocked down Does the Council wish to amend the

ordinance to limit the demolition of units along with condo conversions You can

make apolicy to that effect but if you want it to be enforceable it needs tobe putinto the ordinance With the current ordinance and initiative you could preventcondo conversions but not demolition since State law allows an entity to go out of

business

One Councilmember noted that the City could not currently control the loss of

units Another Councilmember noted that the City could offer incentives tobuild

apartments

No formal action was taken

10 2 TENANT RELOCATION ASSISTANCE

Due to the lateness of the hour this item was continued to the February 20 2007

Council meeting

11 ADJOURNMENT

The Council adjourned at 10 38 p m The next Regular Meeting will be held on

Tuesday February 27 at 6 30 p m in the Council Chambers at City Hall

500 Castro Street

llA Resolution enacted at this meeting ison file in the Office of the City Clerk

ATTEST APPROVED

ANGELITAM SALVADORCITY CLERK

LAURA MACIASMAYOR

AMS 8 CLK402 02 13 07rim


ATTACHMENT 5

CITY OF MOUNTAIN VIEW

ENVIRONMENTAL PLANNING COMMISSION

STAFF REPORT

APRIL 18 2007

5 PUBLIC HEARINGS

5 1 Consideration of Amendments to the City s Condominium Conversion

Ordinance

RECOMMENDATION

That the Environmental Planning Commission recommend to the City Council

approval of amendments to the City Code concerning condominium conversions

as summarized in Attachment F with amendments if necessary as well as related

amendments to the City s Zoning Ordinance and Subdivision Ordinance as

necessary

PUBLIC NOTIFICATION

Notification of this meeting was mailed to those persons on the City s interest list

for this project The meeting agenda and staff report were posted on the CityInternet home page and announced on cable television Channel 26

ENVIRONMENTAL STATUS

The proposed amendments to the City Code are exempt from CEQA under

Section 15183 Projects Consistent with a Community Plan General Plan or

Zoning This section states that projects that are consistent with the developmentdensity established by existing zoning or General Plan policies for which an EIR

was certified shall not require additional environmental review This CEQAsection is intended to streamline the review of uniformly applied developmentpolicies of standards and reduce the need to prepare additional environmental

documents An EIR was prepared and certified for the 1992 General Plan and

addresses densities in residential zones Adoption of an amended Condominium

Conversion Ordinance will notrequire a change in General Plan land use

designations or Zoning Ordinance densities


Regular Meeting 1

STAFF REPORT

April 18 2007

Since this ordinance would be consistentwith the current General Plan in terms of

residential densities no additional environmental review is required for this

project

SUGGESTED MEETING PROCEDURE

Staff recommends the following meeting procedures

1 Staff presentation

2 Questions and requests for clarification from Commissioners about the staff

report

3 Public comment

4 Commission review of proposed changes to the City s Condominium

Conversion Ordinance straw votes on proposed changes and final motion to

recommend said changes as they may be amended

BACKGROUND AND ANALYSIS

City Council Study Session February 13 2007

The City Council held a Study Session on February 13 2007 and provided the

following comments regarding possible changes to the Interim Condominium

Conversion Ordinance

1 General Comments

Conversions should meet new development standards but some

flexibility should be allowed in meeting these standards as provided for

in the interim ordinance

Redevelopment of apartments which could reduce the total number of

apartments in the City may be appropriate if the apartments are in

substandard condition

Publicly available documentation of the total apartment count in the

City is important


Regular Meeting 2

STAFF REPORT

April 18 2007

2 Total Apartment Methodology

Consider options in the permanent ordinance for calculating the

apartment methodology which could include subtracting demolitions

and apartments with condominium maps from the total apartmentcount

3 Permanent Ordinance Framework

The permanent ordinance could be modeled after the requirements in

the interim ordinance framework

4 Apartment Complex Size

A minimum apartment complex size of 10 to 15 units may be

appropriate in order to provide an adequate financial base to address

future property and building improvements Complexes smaller than

this may be appropriate for conversion as some owners of these

complexes might be able to address required common improvementsthemselves without professional management assistance

5 Tenant Relocation Assistance

Tenant relocation assistance was not discussed at this Study Session

Instead it was discussed in the February 20 2007 Study Session

regarding the SummerHill Apartments redevelopment project at

291 Evandale Avenue At this Study Session the Council expressedtheir support in using City BMR funds to pay for tenant relocation costs

for this project

Environmental Planning Commission EPC Study Session March 7 2007

The EPC held a Study Session on March 7 2007 to discuss the interim ordinance

and provided the following comments and questions

1 MethodologyjGeneral

The original 1979 voter initiative apartment number of 15 373 units

cannot be amended without going back to voters Would it be possibleto use an additional percentage benchmark of ownership versus rental

housing to help maintain the balance between rental and ownershiphousing


Regular Meeting 3

STAFF REPORT

April 18 2007

Additional housing data from 1979 should be provided to helpunderstand the context of the original ordinance

Could subsidized units be included within the overall rental number as

subsidized units have increased since 1979

Did the 1979 ordinance intend to apply to redevelopment projects or justcondominium conversions

2 Permanent Ordinance Framework

Need tobalance the rights of the property owner and rights of the

tenants

Conversions and red velopment generally have the same result but

conversions tend to result in more affordable ownership housing

Flexibility with setback and open space requirements may be

appropriate

3 Apartment Complex Size

A 10 unit complex wouldbe sufficient to sustain an HOA and spreadmaintenance costs smaller complexes do not have many of the

amenities of larger complexes which helps reduce maintenance costs

A minimum of six 6 units to convert as required in the interim

ordinance may be appropriate

Is there a correlation between the quality of development and size of the

complex

Is the financial viability of the HOA a primary consideration in the size

of the complex

4 Tenant Relocation Assistance

Should tenant relocation assistance be required as part of the

Condominium Conversion Ordinance and or in redevelopmentprojects


Regular Meeting 4

STAFF REPORT

April 18 2007

Tenant relocation assistance equal to three months rent may be too

much

The same tenant relocation guidelines for condominium conversion and

redevelopment projects should be used There should not be two

separate tenant relocation requirements

Consideration should be given to protections for special circumstances

ie seniors school age children similar to what other cities have

implemented

ANALYSIS

General Issues

1979 Voter Initiative Ordinance Intent

EPC mem bers and community members have noted that the 1979 voter initiative

ordinance should also apply to redevelopmentprojects where new housingreplaces existing apartments Some have expressed that there should be no

difference between aconversion or redevelopment project because both optionsresult in the loss of affordable housing Some have also noted that if the number of

apartments in the City falls below the 1979 baseline number of 15 373 units then

redevelopment projects in addition to condominium conversions should be

prohibited

Staff confirmed with the City Attorney that the 1979 voter initiative only applies to

condominium conversions and not to redevelopment of existing apartment sites

for the following reasons

1979 Voter Initiative Language The 1979 voter initiative does not include any

language restricting the redevelopment of apartment sites See

Attachment A 1979 Voter Initiative Ordinance

Ellis Act State law allows apartment owners to go out of business under

the Ellis Act which could result in the redevelopment of an apartmentregardless of local ordinance restrictions on conversions

Replacing Aging Housing Stock Approximately 70 percent of today s housingstock in the City wasbuilt before 1979 At the time of the 1979 voter

initiative approximately 86 percent of the housing stock had been built

between 1950 and 1979 and the voter initiative did not contemplate the need


Regular Meeting 5

STAFF REPORT

April 18 2007

to replace this housing with new housing in the future Today almost

30 years later it may be appropriate for some property owners to replaceaging apartments with newer housing stock

Affordable Housing Policies For example rather than broadly restricting the

redevelopment of existing apartments by ordinance the City can adoptpolicies which can help promote the creation of new affordable housing The

EPC could recommend additional affordable housing policies during the next

Housing Element update cycle The City s Housing Element includes policieswhich are intended to protect and promote affordable housing including

Encourage housing for low and very low income families and

individuals Work toward the goal of 150 units of new housing for

households with very low or low incomes Action 8 c

Continue to workwith housing developers to help identify appropriatesites and to encourage the development of affordable housing and

housing for the elderly both through new construction and the

acquisition and rehabilitation of existing housing developmentsAction 8 d

Recommendation

The intent of the 1979 voter initiative ordinance was to strictly regulateconversions of apartments to condominiums The redevelopment of older

apartments therefore should not be restricted or regulated through the City s

condominium conversion ordinance

Options

1 Recommend that the issue of regulating the demolition and redevelopment of

apartment sites be studied outside of the Condominium Conversion

Ordinance update process This issue could be discussed as part of the

upcoming Housing Element update

2 Recommend that the 1979 ordinance be interpreted to regulate the demolition

and redevelopment of apartment sites

City ofMountain View Housing Data

EPC members requested City housing data from 1979 in order to gain a better

understanding of the housing characteristics at the time the initiative ordinance


Regular Meeting 6

STAFF REPORT

Apri118 2007

was enacted and how these characteristics might influence the permanentCondominium Conversion Ordinance Staff has included this data for the EPCs

consideration See Attachment B City of Mountain View Housing Data

Staff notes that in researching other condominium conversion ordinances other

cities have typically used an apartment vacancy factor to determine if additional

apartments can convert to condominiums If the EPC recommends that other

housing data factors be considered as part of the permanent Condominium

Conversion Ordinance additional staff review may be necessary before a

recommendation is forwarded to Council

Methodology

Staff has completed a review of the original 1979 methodology and has appliedthis same methodology to develop the current number of total apartments in the

City See Attachment C Methodology Using a conservative approach staff has

also subtracted out apartments that have been mapped as condominiums even

though they may still be rented as apartments Currently the total number of

apartments in the City is 253 units below the 15 373 units required by the

1979 voter initiative ordinance and therefore no new conversions can be

approved Both Council and the EPC have indicated their support for the current

methodology

The EPC questioned if subsidized units could be added to the total apartmentcount This is a significant number as there are 1 070 subsidized apartment units

in the City However the 1979 initiative ordinance specifically notes that the onlyapartments excluded from the total number shall be those not in an apartmentcomplex and those constructed with government funds for disadvantagedpersons Because of this specific language staff does not feel that subsidized units

could be added to the total apartment count

Members of the public have commented that the information on the total number

of apartments in the City should be readily accessible to the public Staff plans to

make this information available either as a handout at the CommunityDevelopment Department or posted on the City s web site This information will

then be periodically updated by staff

Recommendation

Use the proposed methodology for calculating the total apartments in the Citywhich clarifies that apartments that have been mapped as condominiums in


Regular Meeting 7

STAFF REPORT

April 18 2007

addition to government subsidized apartments are not counted in the total which

is consistent with the 1979 voter initiative

Options

Recommend modifications to the apartment count methodology provided it is

consistent with the 1979 voter initiative

Framework

Zoning and Building Code Standards

Based on the successes and lessons learned with implementing several

conversion projects staff has modeled the framework of the permanent ordinance

after the interim ordinance requirements Staff believes that the proposedframework includes important elements such as newer Building and Life SafetyCode requirements which provide greater protections for future condominium

owners Prior to adoption of the interim ordinance conversions were onlyrequired to meet Building and Zoning Code standards in place at the time a projectwas originally built

The proposed ordinance clarifies that residential conversions must now meet

current zoning standards for density floor area ratio parking and circulation and

that commercial or industrial conversions must meet current zoning standards for

floor area ratio parking and circulation Requiring conversions to comply with

current planning standards will help ensure a quality conversion project for the

community and will not result in the approval of projects which are

nonconforming with respect to today s Zoning Code

Recommendation

Residential conversions shall comply withcurrent zoning standards for densityfloor area ratio parking and circulation Commercial industrial conversions shall

comply with current zoning standards for floor area ratio parking and circulation

All conversions shall comply with updated Building Code standards

Option

Recommend modifications to the proposed ordinance in terms of required zoningstandards for residential commercial or industrial conversions and or requiredBuilding Code standards


Regular Meeting 8

STAFF REPORT

April 18 2007

Code Flexibility

The Council and EPC also felt that the ordinance framework should include

appropriate flexibility in terms of setback and open space requirements which is

currently in the interim ordinance The proposed ordinance allows minor

exceptions for up to 10 percent for building setback requirements and 15 percentfor open space requirements This helps provide flexibility for older nonconform

ing apartments proposed for conversion as many of these were not built to today s

setback or open space standards

Staff notes that several recent residential conversion projects 1939 Rock Street and

2002 West Middlefield Road were approved with minor setback and open space

exceptions These exceptions allowed for some flexibility while still requiringcompliance with the more significant planning standards for density floor area

ratio and parking

Recommendation

The Condominium Conversion Ordinance shall allow minor exceptions for up to

10 percent for building setback requirements and 15 percent for open space

requirements

Options

Recommend modifications to the proposed minor exceptions for building setback

requirements and open space requirements


The interim ordinance allows complexes with six or more units to convert to

condominiums The Council and EPC have discussed in general that apartmentcomplexes with six or more units wouldbe appropriate sizes for conversion

As previously discussed one advantage of allowing only larger complexes to

convert is that it provides a larger financial base for the homeowners association

should future repairs be necessary Smaller complexes on the other hand mayalso be appropriate for conversion as some owners of these complexes might be

able toaddress required common improvements themselves without professionalmanagement assistance

Staff notes that many smaller older apartment complexes reviewed informally bythe City over the past several years have not been good candidates for conversion


Regular Meeting 9

STAFF REPORT

April 18 2007

Staff found that many of these complexes had difficulty meeting the interim

ordinance planning standards due to their limited parcel size and because of their

existing nonconforming conditions such as multiple detached units Staff has

found that the larger apartment complexes with one or two buildings more easilyconformed to the interim ordinance planning standards than smaller complexesStaff also notes that because of their size larger complexes may be able to offer a

higher quality project to the community and future buyers in terms of buildingimprovements and amenities because developers are able to spread the cost of

these improvements over many units

Recommendation

Allow condominium conversions of apartment complexes with 10 or more units

Options

1 Recommend allowing conversions of apartment complexes with six or more

units as allowed under the Interim Condominium Conversion Ordinance

2 Recommend allowing conversions for apartment complexes of a size greaterthan 10 units

TenantRelocation Assistance

At their March 27 2Q07 hearing the Council adopted a tenant relocation assistance

plan for displaced tenants at the 64 unit SummerHill Apartments on Evandale

Avenue They also adopted a general policy concerning tenant relocation

assistance for future private redevelopment projects that are not condominium

conversions

The Council policy provides relocation assistance when the majority of tenants in

an apartment are very low income households earning 50 percent or less of

median household income as indicated by the average rents in a complex These

residents would be provided with a combination of City Below Market Rate

BMR Housing funds and developer assistance to help them find replacementhousing This policy provides general guidance and the Council would make a

final determination on a case by case basis The BMR funds can only be used for

those households that relocate in Mountain View

The Council also decided to use the SummerHill Apartments relocation plan as a

guideline for the type of relocation assistance that would be provided for

displaced very low income tenants Relocation assistance wouldbe a combination


Regular Meeting 10

STAFF REPORT

April 18 2007

of City and developer funds that would include three months rent plus an

additional 500 for moving expenses and 2 000 for special circumstances as

shown in Attachment D City of MountainView Tenant Relocation Assistance

Policy

At the last EPC meeting Commissioners expressed support for providing the same

amount of tenant relocation assistance for both redevelopment projects and

condominium conversions

Recommendation

Require that the tenant relocation policy for condominium conversions be

consistent with current or future general City tenant relocation policies

Options

Recommend modifications to the proposed tenant relocation policies for displacedtenants of condominium conversions

Findings of Approval

The existing Condominium Conversion Ordinance within the City s Subdivision

Ordinance includes several findings of approval that the City is required to make

before approving any conversions These findings ofapproval have not been

updated since their original adoption in the early 1970s

The findings state that the City shall not approve any condominium conversion if

1 The proposed conversion would adversely and seriously disrupt the effective

operation or functioning of nearby schools or other community facilities

2 The apartment building or residential complex proposed for conversion

represents a unique and needed housing resource in the City or in the

neighborhood taking into consideration such factors as the need for a

balanced rental owner supply current rental rates apparent appeal to

families with children and special tenant displacement problems which

would result from the conversion

3 The proposed project because of its physical characteristics is not suitable for

conversion to a condominium


Regular Meeting 11

STAFF REPORT

April 18 2007

4 The proposed project because of its physical characteristics is not suitable for

families with children

In addition to the findings above the City Code also requires findings for tentative

and parcel maps as well as required findings for the site and architectural designof a project See Attachment E Map and Development Review Findings These

findings apply to a wide range of projects beyond just condominium conversions

Staff believes that these findings when considered in whole provide a

comprehensive set of criteria for considering approval of conversions However

staff has provided an option below for the EPC to provide direction to staff

regarding these findings should the EPC feel updated or modified findings are

recommended

Recommendation

Maintain the existing findings required for approval of condominium conversions

which include the required findings for tentative maps and development review

permits

Options

Provide direction to staff regarding suggested modifications or additions to the set

of existing findings of approval for conversions with staff returning to the EPC

with recommendations

CONCLUSION

In sum the interim ordinance has been refined since its adoption following inputfrom the Council EPe members of the public and several key City departmentsThe permanent ordinance proposes to include updated Planning and BuildingCode requirements and will be consistent with the intent of the 1979 voter

initiative ordinance

The EPe s recommendations on the proposed ordinance will be forwarded to the

Council this summer The ordinance must be adopted by October 11 2007 when

the interim ordinance expires

Prepared by


Regular Meeting 12

STAFF REPORT

April 18 2007

Martin Alkire

Principal Planner

MAj8jCDD891 04 18 07SR E

Attachments A 1979Voter Initiative Ordinance

B City of MountainView Housing Data

C MethodologyD City of Mountain View Tenant Relocation Assistance PolicyE Map and Development Review FindingsF Summary of Recommended Code Amendments


Regular Meeting 13

STAFF REPORT

Apri118 2007

ATTACHMENT 6

Alkire Martin

FromSentTo

Subject

Shrivastava Aarti

Monday February 12 2007 9 06 AMAlkire Martin Un Jean

FW Agenda Item 10 1 Study Session Feb 13 2007

Aarti Shrivastava

Original MessageFrom ROY HAYTER mailto rghayter@sbcglobal net

Sent Monday February 12 2007 8 54 AM

To Community Development Costello Elaine City ManagerShrivastava Aarti

Subject Agenda Item 10 1 Study Session Feb 13 2007

1691 Yale Drive

Mountain View CA 94040

February 11 2007

Mayor Laura Macias and Members of the Mountain View

City Council

City Hall 500 Castro Street

PO Box 7540

Mountain View CA 94039 7540

Mayor Laura Macias and Members of the Mountain View

City Council

Advocates for Affordable Housing AAH a volunteer

group of Mountain View residents concerned with issues

related to affordable housing would like to comment

on Agenda Item 10 1 Condominium ConversionOrdinance which is to be discussed at the CityCouncil Study Session on Tuesday February 13 2007

We are pleased to see that the City plans to revise

and update the permanent condominium conversion

ordinance by October 2007 As part of this process we

recommend that access to the current status and

statistical basis of this ordinance be made available

in an up to date form on the City s web site In

recent months we have experienced difficulty in

obtaining consistent answers to questions regardingthe ordinance Increased transparency and ease of

access would be greatly welcomed For example the

spreadsheet Total Apartment Count in Attachment 3 is

very useful Access to similar current records would

be very useful

We are surprised and concerned that the rental units

in the baseline comparison is considered to be not

affected when rental apartments are demolished as

opposed to converted We feel that such treatment may

not be consistent with the spirit if not the literal

words in the original statement of purpose in the

ordinance Sec 28 90 which says limits the

conversion of apartments into condominiums and other

types of ownership that could reduce the supply of

rental housing1

We understand the essential purpose of the ordinancewas to avoid reducing the supply of rental housingeven if demolition was not specified at the time Such

a purpose would appear to be just as relevant todayThe loss of affordable rental apartments for low

income families has been the cause of concern to

Council and others for example in the case of the

displacement of residents from 291 Evandale Avenue

the subject of another Study Session on February 13

2007

We request that you reconsider the treatment of

demolition in the ordinance

We thank you for the opportunity to comment on this

matter

SincerelyRoy G HayterChair Advocates for Affordable Housing

cc Kevin DugganElaine Costello

Nadine P Levin

Aarti Shrivastava

Martin Alkire

2

Alkire Martin

Cc

Subject

ROY HAYTER rghayter@sbcglobal net

Monday April 16 2007 10 26 PM

Eric Anderson Bill Bien Laura Brown David Greene John M Inks Paul Lesti Arnold

SoderbergAlkire Martin Costello Elaine Shrivastava Aarti

Agenda Item 5 1 EPC Meeting April 18 2007

FromSentTo

1691 Yale Drive


April 16 2007

Chairperson Anderson and Members of the Environmental Planning Commission City Hall 500

Castro Street PO Box 7540 Mountain View CA 94039 7540

Chairperson Anderson and Members of the Environmental Planning Commission

Advocates for Affordable Housing AAH a volunteer group of Mountain View residents

concerned with issues related to affordable housing would like to comment on Agenda Item

5 1 Consideration of Amendments to the City s Condominium Conversion Ordinance which

is to be discussed at a Public Hearing on Wednesday April 18 2007

We support the City s plan to revise update and make permanent the interim

condominium conversion ordinance by October 2007 We welcome clarification of the 1979

Voter Initiative Ordinance and we support the improvement of public access to current

data identifying the number of rental apartments

After studying the recommendations in the April 18

2007 staff report we conclude that they depart seriously from the stated purpose of the

Initiative Ordinance that voters approved in 1979 This Ordinance was intended to providefor the housing needs of all economic segments of the community and to limit the

conversion of apartments into condominiums and other types of ownership that could reduce

the supply of rental housing The issue in 1979 and even more so now is the

availability of affordable housing for low income residents usually in the form of rental

apartments

The April 18 staff report page 6 proposes to transfer the consideration of the

supply of rental apartments from the Ordinance to the City s Housing Element We believe

that this changes the intent of the 1979 Voter Initiative Ordinance which was clearlyfocussed on the supply of rental apartments Indeed the staff report confirms that such

changes can only be made by the voters

A key issue page 5 is that the 1979 voter initiative only applies to condominiumconversions and not to redevelopment of existing apartment sites

We respond as follows to the three rationales given for this position

1979 Voter Initiative Language since the 1979 initiative ordinance did not

specifically include or exclude redevelopment of apartments we feel that including this

more recent type of conversion is a reasonable interpretation and is consistent with the

intent of the ordinance Although the 1979 voters did not have a crystal ball that foresaw

demolitions their intent to preserve rental housing is unavoidably clear We recommend

including demolition and redevelopment as part of the updated ordinance as proposed in

Option 2 on page 6

Ellis Act this Act says in Section 7060 7 that it is not otherwise intended

to do any of the

followinga Interfere with local governmental authority over land use including regulation

of the conversion of existing housing to condominiums or other subdivided interests or to

other nonresidential use following its

1

withdrawal from rent or lease under this chapterb Preempt local or municipal environmental or land use regulations procedures or

controls that govern the demolition and redevelopment of residential propertyWe conclude that the Ellis Act allows the City to govern the demolition and

redevelopment of residential property We support adoption of Option 2 on page 6

Replacing Aging Housing Stock we suggest consideration of other ways to

upgrade and retain rental apartments For example at least one City Council member has

suggested acquisition of aging stock with the City s housing funds Renovation in

collaboration with a non profit developer could lead to permanent low income affordable

rental housing We encourage such constructive uses of the accumulated housing funds

On Methodology page 7 we agree with the proposed method of counting rental

apartments assuming that demolitions are treated as conversions We recommend that the

number of rental apartments be kept current on the City s web site For example the

current status of every project and the overall tally could be kept posted weekly or

monthly on the City s website

On Tenant Relocation Assistance page 10 we support the policy of requiringdevelopers to supply monetary assistance equal to three months rent for all displacedtenants irrespective of the nature of the project We understand from discussions at

earlier Council meetings that the use of BMR funds to pay relocation expenses for those

displaced residents of the Evandale project who could find alternate housing in Mountain

View probably a limited number was a singular exception This exception was made since

the current City relocation policy does not adequately cover such expenses We recommend

that the updated ordinance specify that the developer provides relocation expenses

We thank you for the opportunity to comment on this matter

SincerelyRoy G Hayter

Chair Advocates for Affordable Housing

cc Martin Alkire

Aarti Shrivastava

Elaine Costello

2

Mayor Laura Macias and Members ofthe City Council

The League ofWomen Voters ofLos AltosMountain View Area wrote the Council andstaff about ayear ago regarding our concern that the Conversion Limitation Act passedby initiative in 1979 wasn tbeing followed We are pleased to see that the Council is

fmally taking up this issue along with revisions to the interim condominium conversion

ordinance

One ofour main concerns has been that there has not been adequate publicdocumentation regarding the total number ofapartments when conversions have been

requested Public documentation required by the voter initiative ordinance should be

clear and available so that all citizens can see that the ordinance is being followedA typical example showing the lack ofsuch public documentation is the conversion of 19

units at 1939 Rock Street This 2005 project is referenced in the staffreport on

Attachment 3 However the staff report at the time ofthe proposed conversion dated

December 11 2005 has absolutely no reference to the Conversion Limitation Act but

only to the interim ordinance

Second we are most concerned that staff has not been treating apartment teardowns

followed by condo development as conversions This position is inconsistent with the

intent ofthe initiative as indicated by Lenny Siegel an author and campaign manager of

the initiative and as indicated by Section 28 90 the Statement ofPurpose It is also

inconsistent with the Defmitions of Apartment and Conversion included in Section28 91 ofthe ordinance We hope that the Council will clarify that demolitions resultingin new condominiums are considered to be conversions in the future

We hope that the Council will ensure that the intent ofthe initiative ordinance is not onlymaintained but strengthened as appropriate changes are included based on the experienceofthe interim ordinance For example perhaps avacancy rate ofover 5 as used in

some communities could be added as an additional requirement before conversions

would be allowed or perhaps some ratio ofrentals toownership units such as Santa

Clara uses could be included The overall objective is topreserve rental housing in

Mountain View since it is a major source ofaffordable housing

Sincerely yours

L9v d1r 4

Donna Yobs

1157 Karen WayMountain View 94040

Co Chair Housing Committee

League ofWomen Voters ofLos AltosMountain View Area

1

t

To City ofMountain View Council Member

City ofMountain Planning Depart

RE EfVEDr

B 28 2007

M fT DEVHOrMENTSubject Conversion ofDuplex to Condominium

Feb 26 2007

As a resident and investor in this city I have tried many times without success to

apply for the conversion ofa duplex to a condo in order to liquefy ofmy assets

I was given a document Ordinance No 7 05 released to the public in October

2005 which basically states that conversion ofexisting residential industrial and

commercial buildings tocondominiums become a threat to the public health safety and

welfare and the processing ofapplication shall be limited toprojects ofat least six

existing units

Furthermore I also was given the reasons behind the interim document

1 The City prefers tokeep a certain Owner Occupied HomesRental Units

ratio toaccommodate new residents to the City2 There are many Permits Ordinances Standards and Codes tobe reviewed for

such conversions and the City is currently short staffed

Owner occupied residences are always better maintained than the rental units

The cities having a higher owner occupied homes rental units ratios offer a better qualityoflife and better return on their investment Conversions ofduplex to two condominium

would not upset the City s preset ratio as much as in the case ofsix and more units

Conversion ofduplex to condominium requires minimum City s staff time because no

studies are needed for Permits Ordinances Standards and Codes There is no threat to

the public health safety and welfare for such conversion Nothing is changed exceptpromoting the pride ofownership

The precedents were set in the neighborhood ofPlaza Court I hope that you

would reconsider my request and grant permission for my duplex conversion

Sincerely Yours

K C Chao and Marjorie L Chao

2w C Gw C0

Owner

1722 Plaza Court


650 961 9569

LEAGUE OF WOMEN VOTERS

of the Los Altos Mountain View Area

97 Hillview Avenue Los Altos CA 94022

Chairperson Anderson and Members ofthe Environmental Planning Commission

The League of Women Voters of Los Altos Mountain View Area would like to address the

condominium conversion ordinance to be discussed on March 7th We understand that the

Interim Condominium Ordinance will be rewritten as a permanent ordinance and will also

include provisions to clarity some ofthe issues relating to the 1979 Voter Initiative

Ordinance which limited condo conversions

The clearly stated goal ofthe initiative ordinance was to preserve a place in Mountain View

for those residents who depend upon or choose rental housing its purpose was to providefor the housing needs of all economic segments ofthe community and to limit conversions

that could reduce the supply of rental housing Therefore it limited conversions of

existing apartments to condominiums if the total number of apartments in the City fell

below 15 373

Another important part ofthis ordinance was a requirement that there be publicdocumentation ofthe number ofapartments existing in the City before any application for

conversion could be filed

At the February 13th City Council Study Session the Council addressed two majorshortcomings regarding implementation ofthis ordinance First Council approved a new

methodology for counting apartment inventory Apartments with condo maps and

apartments approved for demolition will be subtracted from the inventory Obviously this

methodology is correct since these apartments could be lost at any time

Second the Council requested that the new ordinance include specifics regarding the publicdocumentation of the apartment inventory as this documentation has clearly been

lacking We strongly agree with clarifying this requirement ofthe initiative ordinance

However equally important for the EPC to consider is the definition of

conversions Written in 1979 the initiative ordinance was silent on whether demolition

of apartments with the intent to build condos on the demolition site should be considered

conversions According to the February 13th staff report there have been 409 such

demolitions approved since 2000 These have not been counted as conversions but as

redevelopment

We believe that the new ordinance should clarify that tear downs should be included within

the definition of conversions unless new rental housing is built to replace the old

apartments Already the apartment inventory is below 15 373 so no conversions per

staffs definition of conversions namely those that occur without demolition can

proceed But we strongly recommend also counting demolitions followed by building of

condos as conversions We note that a demolition permit in these cases is granted in

conjunction with the granting of a condo map

As we mentioned above such a clarification in the definition would be consistent with the

intent ofthe voter initiative which was to prevent a reduction in the number of apartmentsin Mountain View

Additionally California Government Code specifically mandates that as part ofits HousingElement a city must conserve and improve the condition ofthe existing affordable

housing stock which may include addressing ways to mitigate the loss of dwelling units

demolished by public or private action Therefore including demolitions as conversions

would be in keeping with this law

Ifthe EPC and Council do not specify that the definition ofconversions includes these

demolitions the present rental inventory which is already below 15 373 can continue to

fall far below the original number as more and more developers decide to recycle old

apartment buildings by tearing them down and building new condos This would clearlyviolate the spirit ofthe 1979 ordinance

Sincerely

Donna Yobs1157 Karen Way Mountain View CA 94040

Co chair Housing Committee

League ofWomen Voters of Los Altos Mountain View Area

cc Martin AlkireAarti Shrivastava

Elaine Costello

LEAGUE OF WOMEN VOTERSof the Los Altos Mountain View Area

97 Hillview Avenue Los Altos CA 94022

April 17 2007

Chairperson Anderson and Members ofthe Environmental Planning Commission

Re Agenda Item 5 1 April IS 2007

The League ofWomen Voters of the Los Altos Mountain View Area would like to

comment again on the condominium conversion ordinance amendments to be discussed on

April1Sth First we commend the EPC members for their thoughtful discussion at the

Study Session on March ih where a broad range ofissues was raised We hope that theEPC will adopt the staff recommendations at this public hearing except for the definitionof condo conversions

Weare addressing mainly the 1979 Initiative Ordinance rather than the interim ordinanceOur main point ofdisagreement is the issue ofwhether to include demolition and

redevelopment ofapartments as conversions We do not agree with the staff report that the1979 initiative was clear on this issue The initiative was silent as the current phenomenonof tearing down apartments and rebuilding the site with condos was not

anticipated However it would be consistent with the ordinance to include as conversionssuch demolitions with redevelopment

Although we understand that the Ellis Act allows apartment owners to go out ofbusiness

by demolishing their rental units we think the City should adopt policies that wouldestablish a balance ofrental and ownership housing This could be accomplished byrequiring that apartment demolitions be replaced by rental housing rather than condo

ownership housing for example if the rental inventory is below 15 373 units Aginghousing stock does need to be replaced but rental housing can be replaced with rental

housing if the City is concerned about preserving an adequate supply of rental

housing This was clearly the purpose ofthe 1979 initiative

Presently market rate developers have determined that they can make the greatest profit bybuilding condos If the City does not act to include demolitions followed by building ofnew condos as conversions the marketplace will continue to change the ratio ofrenters to

homeowners in Mountain View The City could establish a ratio of what is desired in rentalvs ownership housing as some cities have done if it truly wants to provide for the housingneeds of all economic segments ofthe community 1979 initiative The Housing Element

provisions are not sufficient

We believe that adding an additional requirement ofa vacancy factor as is mentioned in

the staff report pp 6 7 before conversions are allowed would be helpful and consistentwith the intent ofthe 1979 initiative

We are in agreement with the methodology for counting the number ofexisting apartments

except we question whether the New apartment units approved but have not been built

shown in the Comparison Table as part ofAttachment C should be included until theyreceive final occupancy permits The 1979 Methodology did not include these units

probably because sometimes they are never built

We also agree with the staff s recommendation to post the current inventory on a website

but we believe this requirement ofthe 1979 initiative is so important that the EPC should

make a definitive recommendation on implementation Clearly the number ofexistingapartments should be included in all discussions ofconversions in keeping with the 1979

initiative

Finally regarding the relocation payments we wantto note that many cities requiresignificantly higher relocation payments but more important as far as we are aware all

cities require the developers to make these payments

We thank you for the opportunity to comment on this issue both at the Study Session and

the Public Hearing

Sincerely

Donna Yobs1157 Karen WayMountain View CA 94040

Co Chair Housing Committee

Los Altos Mountain View Area League ofWomen Voters

CC Martin Alkire Elaine Costello Aarti Shrivastava

ATTACHMENT 7

CONTENTS

ARTICLEI GENERAL SUBDIVISION PROVISIONS

Sec 28 1

Sec 28 2

Sec 28 3

Sec 28 4

Sec 28 5

Sec 28 6

Sec 28 7

Sec 28 7 1

Authority for local regulations ApplicationReferences to other lawsProhibition of sale lien or leaseTransactions voidableIssuance of permitsReapportionment of assessments

Short titleDefinitions

ARTICLE II ENVIRONMENTAL AND PLANNING FINDINGS

Sec 28 8

Sec 28 8 1

Sec 28 8 2

Sec 28 8 3

Mandatory findingsPermissive findingsEnvironmental findingCompliance with tentative map

ARTICLEVI CONDOMINIUMS COMMUNITY APARTMENT

PROJECTS AND COMMON GREEN SUBDIVISIONS

Sec 28 67

Sec 28 68

Sec 28 68 1

Sec 28 69

Sec 28 69 1

ApplicabilityMap filing and form Project plan requiredBuyer protection provisionsDesign standards for new condominiums stock

cooperatives community apartment projectscommon green subdivisions and tenancies in common

Condominium development initially for rental purposes

ARTICLE VII RESIDENTIAL CONDOMINIUM CONVERSIONS

Sec 28 70

Sec 28 71

Sec 28 72

Sec 28 73

Sec 28 74

Sec 28 75

Sec 28 76

PurposeApplicabilityPermit

Tenant noticing requirementsProcess

Required city council findings for approvalGrounds for denial

Design and safety standards for conversions

1

Page

1

5

6

12

Page

ARTICLEVIII COMMERCIAL AND INDUSTRIAL

CONDOMINIUM CONVERSIONS

Sec 28 80

Sec 28 81

Sec 28 82

Sec 28 83

Sec 28 84

Sec 28 85

Sec 28 86

21

PurposeApplicabilityPermitTenant noticing requirementsProcess

Required city council findings for approvalGrounds for denial

Design and safety standards for conversions

ARTICLE IX CONVERSION LIMITATION ACT 26

Sec 28 90

Sec 28 91

Sec 28 92

Sec 28 93

Sec 28 94

Sec 28 95

Sec 28 96

Statement of purposeDefinitionsLimitation on conversions

Majority petition exceptionScopeTenant protectionsPartial invalidity

MDM 2 0RD014 11 03 090 TC

11

ORDINANCE NO

AN ORDINANCE AMENDING ARTICLES I II VI VII ANDVIII OFCHAPTER 28 OF THE MOUNTAIN VIEW CITY CODE RELATING TO

CONDOMINIUMS COMMUNITY APARTMENT PROJECTSANDCOMMON GREEN SUBDIVISIONS

THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY

ORDAIN AS FOLLOWS

Section 1 Article I of Chapter 28 of the MountainView City Code is herebyamended to read as follows

ARTICLE I

GENERAL SUBDIVISION PROVISIONS

SEe 28 1 Authority for local regulations Application

Pursuant to Chapters 1 through 7 of Division 2 Title 7 of the California

Government Code commencing with Sec 66410 referred toherein as the Subdivision

Map Act and in addition to any other provisions of law the provisions of this chaptershall apply to all divisions of land or parts thereof or air space hereafter made of land

wholly or partially within the city limits of the city and to the preparation of subdivi

sion maps or parcel maps and to other maps provided for by the Subdivision Map Act

or herein for approval and each such division of land and each part thereof lyingwithin the city limits of said city shall be made and each map shall be prepared and

presented for approval as hereinafter provided for and required

SEe 28 2 References to other laws

Whenever reference is made to any portion of this chapter orany other ordinance

or statute such reference applies toand includes all amendments and additions now or

hereafter made

SEe 28 3 Prohibitions of sale lien or lease

a No person shall offer to sell or lease to contract to sell or lease to sell or lease

or to finance any parcel or parcels of real property or tocommence construction of any

building for sale lease or financing thereon except for model homes or to allow

occupancy thereof until a final map or parcel map in full compliance with the

provisions of this chapter has been duly filed in the office of the county recorder

1

b Neither this section nor any other portion of this chapter shall apply to the

leasing of apartments offices stores or similar space within an apartment buildingindustrial buildings orcommercial buildings or mobile home parks or trailer parks or

to mineral oil or gas leases

SEe 28 4 Transactions voidable

Any deed or conveyance mortgage deed of trust or other lien or lease or sale or

contract to sell mortgage lien or lease real property made contrary to the provisions of

this chapter is voidable at the sole option of the grantee buyer tenant mortgagee bene

ficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a

tenant his her heirs personal representatives or trustees in insolvency or bankruptcywithin one 1 year after the date of discovery of the violation of the provisions of this

chapter or the Subdivision Map Act but such deed of conveyance sale mortgage deed

to trust lien lease or contract isbinding upon any assignee or transferee of the granteemortgagee beneficiary tenant buyer or person contracting therefor other than those

above enumerated and upon the grantor vendor mortgagor trustor landlord or

person so contracting his assignee heir or devisee

The provisions of this section shall not limit or affect in any way the rights of a

grantee or successor in interest under any other provision of law

SEe 28 5 Issuance of permits

No building plumbing or electrical permit shall be issued for the construction

reconstruction alternation or modification of any building or structure situated on land

which has been divided or conveyed in amannercontrary to the provisions of this

chapter and or the Subdivision Map Act Any permit issued prior to such a division or

conveyance shall be subject to revocation after notice and hearing

SEe 28 6 Reapportionment of assessments

If any lot or parcel of land upon which there is an unpaid assessment representedby bonds issued under the Improvement Procedure Code and Division 10 of the Streets

and Highways Code is subdivided including a division into condominium interests as

defined in Sec 783 of the Civil Code or the ownership of a portion of such lot or parcelof land is transferred to another person the owner of any interest in any of the lots or

parcels into which the original lot or parcel has been divided shall file an application in

writing with the public works director The application shall indicate how the originallot or parcel has been divided or transferred request the public works director to

apportion the amount remaining unpaid on the assessment in accordance with the

California Improvement Procedure Code and the Streets and Highways Code and be

accompanied by a fee in anamount to the fixed from time to time by resolution or

ordinance of the city council for each separate part or parcel of land into which the

2

original lot or parcel has been divided or transferred The public works director shall

deposit all such fess in the city treasury

SEe 28 7 Short title

This chapter may be cited as The Subdivision Ordinance of the City of Mountain

View

SEe 28 7 1 Definitions

As used in this chapter the following words and phrases shall have the followingmeanmg

Common green subdivision shall mean a division of land in which there are both

separately held parcels of land and commonly held parcels of land within the proposeddevelopment the latter held undivided and in common by owners of the separatelyheld parcels all pursuant to a planned unit development approved in accordance with

the provisions of the zoning ordinance of the city

Community apartment project shall mean a development in which anundivided

interest held in a single ownership in the land is coupled with the right of exclusive

occupancy of any apartment unit or portion of a structure located thereon This shall

include granting the right of exclusive occupancy or the right to finance to anyindividual or individuals based on the creation of tenancies in common and as further

defined in the California Civil Code Sec 1351 d

Condominium shall mean an estate in real property consisting of a separateinterest in a dwelling unit together with an undivided interest in the balance of the

property land and improvements which is owned in common by the owners of the

individual dwelling units and as further defined in Sec 783 of the California Civil

Code

Condominium conversion shall mean the conversion or division of a singleownership parcel with abuilding or buildings into a common interest development as

defined in the California Civil Code Sec 1351 c condominium community apartmentproject or stock cooperative project or tenancy in common form of ownership involving

separate interest ownership orpermanent right of exclusive use of individual dwellingunits Condominium conversion also means the conversion of commercial industrial

or any nonresidential spaces in an existing building to condominium as defined herein

Condominium conversion project shall mean a development in which the entire

parcel of real property including all structures thereon or appurtenant thereto is

subject to condominium conversion

3

Davis Stirling Common Interest Development Act shall mean the act set forth in

the California Civil Code Division 2 Part 4 Title 6 commencing with Sec 1350

Final map shall mean a map of a subdivision which is prepared in accordancewith the provisions of this chapter and with any applicable provisions of the

Subdivision Map Act and which is designed to be recorded in the office of the Santa

Clara County Recorder

Parcel map shall mean a map showing division of land into less than five 5 lotsor a division of land into five 5 or more lots that meets the conditions of the California

Government Code Sec 66426 a b c and d or a division of land creating less than

five 5 lots by means of combining lots that may have been partially or entirely sub

divided previously which is prepared in accordance with the provisions of this chapterand the provisions of the Subdivision Map Act and which is to be recorded in the officeof the Santa Clara County Recorder

Preliminary parcel map shall mean a map for the purpose of showing the designof a proposed parcel map and the existing conditions in and around it and need not be

based upon an accurate or detailed final survey of the property

Subdivision shall mean the same as defined in Sec 66424 of the Subdivision MapAct

Stock cooperative project shall mean a project wherein a corporation is formed or

availed of primarily for the purpose of holding title to an apartment project or group of

more than one 1 individual rental unit if all or substantially all of the shareholders of

such corporation receive a right of exclusive occupancy in a dwelling unit title to which

is held by the corporation which right of occupancy is transferred only concurrentlywith the transfer of shares of stock in the corporation held by the person having such

right of occupancy and as further defined in the California Civil Code Sec 1351 m

Subdivision committee shall mean a committee consisting of the communitydevelopment director the public works director and the city manager or city attorneyand shall constitute the advisory agency as that term is used in the Subdivision MapAct

Subdivision Map Act shall mean Chapters 1 through 7 of Division 2 of Title 7 of

the California Government Code commencing with Sec 66410 thereof

Tentative map shall mean the same as defined in Sec 664245 of the Subdivision

Map Act

Other definitions Except as otherwise provided in this chapter all terms used in

this chapter which are defined in the Subdivision Map Act or the Davis Stirling

4

Common Interest Development Act are used in this chapter as so defined unless from

the context thereof it clearly appears that adifferent meaning is intended

Section 2 Article II of Chapter 28 of the MountainView City Code is herebyamended to read as follows

ARTICLE II

ENVIRONMENTAL AND PLANNING FINDINGS

SEe 28 8 Mandatory finding

No tentative or final subdivision map hereunder shall be approved unless the

proposed subdivision together with the provisions for its design and improvement is

consistent with general plan or applicable precise plan and or specific plan includingthe conservation element thereto and the city council so finds Failure of the citycouncil to so find shall require disapproval of the proposed map

SEe 28 8 1 Permissive findings

The city council shall deny approval of a tentative or final subdivision map if it

makes any of the following findings

a That the proposed map is not consistent with the general and or applicableprecise plan or applicable specific plan

b That the design or improvement of the proposed subdivision isnot consistent

with the general and or applicable precise plan or applicable specific plan

c That the site isnot physically suitable for the type of development

d That the site isnot physically suitable for the proposed density or

development

e That the design of the subdivision or the type of improvements is likely to

cause serious public health problems

f That the design of the subdivision or the type of improvements will conflict

with easements acquired by the public at large for access through or use of propertywithin the proposed subdivision In this connection the city council may approve a

map if it finds that alternate easements for access or for use will be provided and that

these will be substantially equivalent to onespreviously acquired by the public This

subsection shall apply only to easements of record or to easements established byjudgment of a court of competent jurisdiction

5

g That the design and proposed improvements of the subdivision are not

consistent with local guidelines relating to implementation of the California

Environmental Quality Act of 1970

SEC 28 8 2 Environmental finding

The city council shall deny approval of a tentative or final subdivision map if it

finds that the design of the subdivision or the proposed improvements are likely to

cause substantial environmental damage or substantially and avoidably injure fish or

wildlife or their habitat

SEe 28 8 3 Compliance with tentative map

The city council shall not deny approval of a final subdivision map pursuant to

Sec 28 71 or 28 72 of this chapter if it has previously approved a tentative map for the

proposed subdivision and if it finds that the final map is in substantial compliance with

the previously approved tentative map

Section 3 Article VI of Chapter 28 of the Mountain View City Code is herebyamended to read as follows

ARTICLEVI

CONDOMINIUMS COMMUNITY APARTMENT PROJECTSAND COMMON GREEN SUBDIVISIONS

SEe 28 67 Applicability

In addition to all other requirements of the Subdivision Map Act the provisions of

Chapter 28 and this article shall apply to all condominiums stock cooperatives com

munity apartment projects common green subdivisions tenancies in common and

condominium conversions in the city The provisions of this article are enacted

pursuant to the provisions of Sec 200 of the Charter of the City of Mountain View and

of the Subdivision Map Act

SEe 28 68 Map filing and form Project plan required

The provisions of Articles III Preliminary Parcel Maps and Tentative Maps and

IV Parcel Maps and Final Maps of this chapter shall apply to all maps submitted in

connection with any condominium stock cooperative community apartment projectcommon green subdivision tenancy in common and condominium conversion which

provisions shall also apply regardless of the number of units of land or air space

proposed to be created Additionally the following information shall be submitted

with a preliminary parcel or tentative map of any condominium

6

a A project plan containing a graphic and written description of the number of

units into which the air space is tobe divided including its location dimensions

elevations and numbering of each unit

SEe 28 68 1 Buyer protection provisions

For the protection of purchasers of individual units all condominiums stock

cooperatives community apartment projects common green subdivisions and

tenancies in common as well as all conversions of existing residential real property into

condominiums stock cooperatives community apartment projects common greensubdivisions and tenancies in common shall comply with the following requirements

a The covenants conditions and restrictions CC Rs or equivalent document

shall contain or be amended to contain on the first page thereof in type as large as any

type used in the CC Rs a notification in substantially the following terms

NOTICE

THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDINGREAD IT CAREFULLY A REALESTATE BROKER IS QUALIFIED TO

ADVISE YOU ON REAL ESTATE MATTERS IF YOU DESIRE LEGAL ADVICE

CONSULT YOUR ATTORNEY

b Discrimination against families with children prohibited

1 It shall be unlawful for a subdivider or owner of the property beingdeveloped or converted or the ownerof any unitwhich is created after the

condominium stock cooperative community apartment project common greensubdivision or tenancy in common has been constructed or the conversion has been

completed to refuse tosell lease or rent any dwelling unit or to otherwise denyoccupancy of said unit because the family which is the prospective purchaser lessee

renter or occupier of said unit has one 1 or more children

2 It shall be unlawful for a subdivider or owner of the property beingdeveloped or converted or the ownerof anyunitwhich is created after the

condominium stock cooperative community apartment project common greensubdivision or tenancy in common has been constructed or the conversion has been

completed to discriminate in the terms conditions privileges or availability of

residential facilities or services against persons who are prospective residents because

they have one 1 or more children

3 Excluded from the requirements of Subsections 1 and 2 of this

Sec 28 68 1b shall be studio unitswithin such condominium stock cooperative com

munity apartment project common green subdivision and tenancy in common or

7

condominiums stock cooperatives community apartment projects common greensubdivisions and tenancies in common which have a publicly established and

maintained policy of selling leasing or renting dwelling units exclusively to elderlypersons i e those persons 62 years of age or older Studio unit as used in this

subsection shall mean a dwelling unithaving notmore than one 1 habitable room in

addition to the kitchen and bathroom

4 The conditions covenants and restrictions CC Rs or equivalentdocument for any new or converted condominium stock cooperative communityapartment project common green subdivision or tenancy in common shall contain or

be amended to contain the provisions set forth in Subsections b 1 and b 2 of this section

The CC Rs shall also provide that the city be given the right to enforce these two

restrictions

c It shall be unlawful for a subdivider or owner of any newly converted

condominium stock cooperative community apartment project common greensubdivision or tenancy in commonto discriminate in the sale or in the terms and

conditions of sale of any dwelling unit located within such newly converted condo

minium stock cooperative community apartment project common green subdivision

and tenancy in common 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

former apartment building or residential complex into a condominium stock

cooperative community apartment project common green subdivision and tenancy in

common

d Any aggrieved person may bring an action for legal and or equitable relief in

a court of competent jurisdiction to enforce the rights given such person by any

provision of this article

e A document entitled INFORMATION STATEMENT FOR PROSPECTIVE

PURCHASERS OF A CONDOMINIUM STOCK COOPERATIVE COMMUNITYAPARTMENT COMMON GREEN SUBDIVISION OR TENANCY IN COMMON

UNIT signed by the subdivider or owner shall be filed with the public works director

and a copy thereof shall be furnished by the subdivider or owner to each purchaserprior to the time he or she incurs any obligation to purchase a dwelling unit Such

document shall be in a form approved by the public works director and shall contain

the following information of which the subdivider or owner is solely responsible for its

accuracy

1 The name address and capacity of each person or firm involved in the

construction conversion rehabilitation sale or financing of the project

2 A legal description of the project and a map showing the location of the

individual units the common areas and other facilities

8

3 A listing of the services and facilities tobe furnished to individualowners and a statement of all fees and other conditions applicable to the use of such

services and facilities

4 A statement of the estimated annual operating and maintenance costs

for all common facilities and services for the next three 3 years as prepared or

reviewed by a professional management firm familiarwith operating and maintenance

costs of similar property in the area

5 A statement granting to each purchaser of a unit the right to cancel hisor her purchase of such unit without cost or liability provided he or she gives written

notice of cancellation within fifteen 15 days after he or she signs a purchaseagreement

6 A statement of any other information that the public works director

reasonably determines should be furnished to a prospective purchaser to enable him or

her to make an informed decision regarding the purchase of a unit in that project

f A copy of the duly recorded CC Rs which CC Rs contain the provisionsrequired by this article shall be furnished by the subdivider or owner to each

prospective purchaser prior to the time such person incurs the obligation topurchase a

dwelling unit

g No contract for the management operation or maintenance of common areas

may extend more than thirty 30 days beyond the time at which majority control of the

homeowners association passes to individual unit owners unless a longer period of

time is approved by the homeowners association after majority control has passed to

individual unit owners

SEe 28 69 Design standards for new condominiums stock cooperativescommunity apartment projects common green subdivisions and

tenancies in common

The provisions of Article V Design Standards of this chapter shall apply to all

maps submitted in connection with any condominium stock cooperative communityapartment project common green subdivision and tenancy in common which

provisions shall also apply regardless of the number of unitsof land or air space

proposed tobe created The terms map or conversion map as used in Articles VI

VII and VIII shall mean and include a tentative map final map preliminary parcel mapand parcel map as such terms are defined in Article I of this chapter Additionally the

following design standards shall likewise apply to

9

a New condominiums stock cooperatives community apartment projectsand tenancies in common

1 The design improvement and construction of new condominiums stock

cooperatives community apartment projects or tenancies in common shall conform to

and be in full accordance with all requirements of all building fire and housing codes

zoning provisions and all other applicable local ordinances and regulations in effect at

the time of filing of the tentative map or preliminary parcel map

2 The design and improvement of such new condominiums stock

cooperatives community apartment projects and tenancies in common may also be

required to incorporate special design features and amenities ie useable open spacechildren s play areas and similar physical improvements as conditions of approval of

said map

3 All private streets driveways and parking areas for said condominiums

stock cooperatives community apartment projects and tenancies in common shall be

improved and constructed with a structural section in accordance with the standards of

the city and shall be designed to ensure that access for municipal services will not be

denied any dwelling unit therein by reason of deteriorated impassable private streets

driveways and parking areas

b New common green subdivisions

1 The design improvement and construction of new common greensubdivisions shall conform to and be in full accordance with all requirements of all

building fire and housing codes zoning provisions and all other applicable local

ordinances and regulations in effect at the time of the filing of the tentative map or

preliminary parcel map

2 The design and improvement of such new common green subdivisions

may also be required to incorporate special design features and amenities ie useable

open space children s play areas and similar physical improvements as conditions of

approval of said map

3 All private streets driveways and parking areas for said common greensubdivision shall be improved and constructed with astructural section in accordance

with the standards of the city and shall be designed to ensure that access for municipalservices will not be denied any dwelling unit therein by reason of deteriorated or

impassable private streets driveways and parking areas

10

4 Sewage collection and water distribution lines on private property in

common ownership shall be covered by one of the following requirements

a All lines tobe owned and maintained by the homeownersassociation or similar organization shall be constructed tocity standard specificationsfor public works Water metering and billing shall be provided at each individualtownhouse lot as well as for the entire development using a master meter Thedifference between the sum of individual meters and the reading of the master meter

will bebilled to the homeowners association or similar organization A sewer lateral

shall be provided at each individual townhouse

b All lines to be owned and maintained by the city shall be placed in

asphalt concrete driveways acceptable to the public works director with the necessarypublic utility easements or shall be placed in a covered concrete lined trench acceptableto the public works director with the necessary public utility easements runningthrough the project so as to constitute an accessible pipe chase for maintenance of thelines A water meter and sewer lateral shall be provided ateach individual townhouse

SEC 28 69 1 Condominium development initially for rental purposes

Notwithstanding any other provisions of this chapter a subdivider proposing to

rent units within a new or converted condominium development for a certain period oftime after receiving a certificate of occupancy for the units in the development shall

enter into an agreement with the city prior to approval of a tentative map or

preliminary parcel map The agreement shall provide the proposed length of the rental

period and that one 1 year before the expiration of the rental period when the units

within the development may be sold to individual purchasers the subdivider shall

prepare reports serve notices and shall agree to follow all requirements of state law and

the city code relative to the protection and relocation of tenants and prospectivehpure asers

Section 4 Article VII of Chapter 28 of the Mountain View City Code is herebyamended to read as follows

ARTICLEVII

RESIDENTIAL CONDOMINIUM CONVERSIONS

SEe 28 70 Purpose

The conversion of residential rental units to ownership housing impacts the

supply and availability of rental housing and may cause displacement of residents who

may be required to move from the community due to lack of replacement housing A

reduction in the supply of rental housing creates pressure for higher rents in the

remaining rental housing supply Conversions may sometimes however provide

11

homeownership opportunities that are more affordable when compared to new home

construction

It is the purpose of this ordinance to seek to assure areasonable balance of rental

and ownership housing and a variety of individual choices of type price and location of

housing and to maintain the supply of rental housing for low and moderate income

persons and families and to maintain the flexibility and redevelopment potential of the

city s residential areas in substantial compliance with the city s General Plan Thisarticle is intended to ensure compliance with and implement the Conversion Limitation

Act adopted by the voters on November 6 1979

SEC 28 71 Applicability


Chapter 28 of the Mountain View City Code and this article shall apply to the conver

sion of any existing structure or structures to a condominium stock cooperative com

munity apartment project common green subdivision or tenancy in common in the

City of MountainView The provisions of this article are enacted pursuant to the

provisions of Sec 200 of the Charter of the City of MountainView and of the

Subdivision Map Act

SEe 28 72 Permit

In addition to filing a tentative map or preliminary parcel map required for

condominium conversion projects pursuant to Sec 28 68 of Article VI a DevelopmentReview permit in accordance with Sec A3652 or a Planned Community Permit in

accordance with Sec A36 68 of Chapter 36 Mountain View City Code shall be requiredfor condominium conversions Permit applications shall be processed pursuant to

Sec 28 74

a No permit application for residential condominium conversion shall be

accepted and no permit will be issued unless a preliminary determination has been

made by the community development director that the application meets the

requirements of Article IX of Chapter 28 the Conversion Limitation Act If the

community development director so determines the application may be processedhowever the determination of eligibility shall not be final until approved by the citycouncil

b No tentative map orpreliminary parcel map for condominium conversions

shall be filed and no tentative or preliminary map shall be approved without the

approval of apermit application under this section

c Exclusions No conversion of units may be applied for or approved unless

the units are all of the same housing type e g notmixed types of units were con

12

structed as an integrated project and built as either apartments or townhouses

Complexes which have amixed unit type or are of soft story construction are not

eligible for conversion to condominiums Duplex units to six plex unitsconstructed in

a single structure are noteligible for conversion

SEe 28 73 Tenant noticing requirements

a Notice to existing tenants The subdivider or owner of an apartmentbuilding or residential complex proposed tobe converted to a condominium stock

cooperative community apartment project common green subdivision and tenancy in

common shall give to each tenant of the residential real property proposed for con

version the following notices and rights now or hereafter required by the Subdivision

Map Act and as set forth in Sec 66427 1 of the Act

1 Written notice of intention to convert provided at least sixty 60 daysprior to the filing of a tentative map or preliminary parcel map The notice shall be in a

form outlined in Sec 66452 18b of the Subdivision Map Act

2 Written notice ten 10 days before submittal that an application for a

public report will be or has been submitted to the Department of Real Estate that the

period for each tenant s right topurchase begins with the issuance of the final publicreport and that the report will be available on request

3 Written notice that the subdivider has received the public report from

the Department of Real Estate This notice shall be provided within five 5 days after

the date the subdivider receives the public report

4 Written notice within ten 10 days after approval of a parcel map or

final map for the proposed conversion

5 Written notice of intent to convertprovided one hundred eighty180 days prior to termination of tenancy due to the conversion but notbefore the city

has approved a preliminary parcel map or a tentative map for the conversion The

notice given shall notalter or abridge the rights or obligations of the parties in the

performance of their covenants including but not limited to the provision of services

payment of rent or the obligations imposed by Sec 1941 19411 and 19412 of the

California Civil Code The notice shall be in a form outlined in Sec 66452 19 b of the

Subdivision Map Act

6 Written notice of an exclusive right to contract for the purchase of his or

her respective dwelling unit upon the same terms and conditions that the unit will be

initially offered to the general public or terms more favorable to the tenant The notice

shall be given within five 5 days after receipt of the subdivision public report This

exclusive right to purchase shall commence on the date the subdivision public report is

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issued as provided in Sec 110182 of the Business and Professions Code and shall run

for aperiod of not less than ninety 90 days unless the tenant gives prior written notice

of his or her intention not to exercise the right The notice shall be in a form outlined in

Sec 66452 20 b of the Subdivision Map Act

7 All other applicable notices and rights now or hereafter required by this

chapter or Chapters 2 or 3 of the Subdivision Map Act

b Notice to prospective tenant Commencing at a date not less than sixty60 days prior to the filing of a tentative map or preliminary parcel map the subdivider

or his or her agent shall give notice of the filing to each person applying after that date

for rental of a unit of the subject property immediately prior to the acceptance of anyrent or deposit from the prospective tenant by the subdivider in accordance with

Sec 66452 17 of the Subdivision Map Act The notice shall be in a form outlined in

Sec 66452 17 b of the Subdivision Map Act

c Keeping of records The subdivider or owner shall be required to keep a

copy of all notices required by Sec 28 73 for a period of two 2 years after such notices

were personally delivered or mailed such records to include

1 A copy of each notice showing the date onwhich it was delivered or

mailed and

2 Proof of the giving of the notice consisting of

a If delivered the signature of the person towhom it was delivered

acknowledging such delivery or

b If mailed proof of mailing and in the case of the notice of

intention to convert pursuant to Sec 28 73 a 1 the return receipt if a receipt was

returned by the recipient of such notice

SEe 28 74 Process

In conjunction with processing tentative maps or preliminary parcel maps in

accordance with this chapter and the Subdivision Map Act permit applications for

condominium conversions shall be reviewed and processed in accordance with this

article and with Sec A3652 Development Review Sec A36 68 Planned CommunityPermits and Sec A3650 020 Review Authority of Chapter 36 MountainView CityCode

a Development review required The development review committee shall

review all condominium conversion projects The development review committee shall

provide a recommendation to the zoning administrator who shall hold a public hearing

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on the development review application in accordance with Sec A36 80 ApplicationsHearings and Appeal s of Chapter 36 MountainView City Code The zoningadministrator may then provide awritten recommendation to the city council for final

action on the development review application

b Notice of city council meeting to consider tentative map Following the

date the city council fixes a meeting date for consideration of a tentative map or thedate the subdivision committee fixes a meeting date for consideration of apreliminaryparcel map which proposes the conversion of residential real property to a condominium stock cooperative community apartment project common green subdivision

or tenancy in common but not less than ten 10 days prior to the said date for con

sideration the community development director shall give a written notice to each

tenant of the subject property informing said tenant of the date time and place of the

city council s or subdivision committee s consideration of the tentative map and the

tenants right to appear and be heard pursuant to Sec 664513 of the Subdivision MapAct

1 Council meeting staff report to tenants Additionally a copy of any

staff report or recommendation ona tentative map or a preliminary parcel map relatingto the proposed residential condominium conversion shall be served on the subdivider

and on each tenant of the subject property at least three 3 days prior toany hearing or

action on said map by the city councilor the subdivision committee respectivelypursuant to Sec 664523 of the Subdivision Map Act

c Buyer and tenant protection requirements for conversion In addition to the

buyer protection provisions in Article VI Sec 28 68 1 conversion of residential real

property to condominiums stock cooperatives community apartment projects com

mon green subdivisions and tenancies in common shall comply with the followingrequirements as additional protections topurchasers of individual units

1 Condition of improvements report required A report entitled

CONDmON OF IMPROVEMENTS REPORT shall be prepared and certified by a

licensed engineer or architect subject to approval by the city s chiefbuilding official

The subdivider or owner is solely responsible for all costs associated with preparingthis report and shall pay a fee to the city for administering reviewing and evaluatingthe report in accordance with Sec 2876 g The report which shall be approved as to

content by the chief building official prior tobeing distributed shall set forth the

consultant s best available information on the age and condition of the building or

buildings proposed tobe converted including the estimated remaining life of the roof

foundation and mechanical electrical plumbing and structural elements of the buildingor buildings The report shall further indicate those provisions of previously adoptedcity building and fire codes involving health and life safety items which have been

changed since the date the building or buildings being converted were constructed

plus identify present building or fire code requirements which are not met If a

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prospective purchaser is not a tenant of the apartment building or residential complexat the time the conversion map is filed with the city the owner shall furnish a copy of

said report to each such prospective purchaser prior to the time such person incurs the

obligation to purchase a unit If a prospective purchaser is a tenant of the apartmentbuilding or residential complex at the time the conversion map is filed with the city the

ownershall furnish the report to such person at that point in time when such person is

given the ninety 90 day exclusive right topurchase his or her unit

2 Structural pest report required A report entitled STRUCTURAL PEST

REPORT shall be prepared and certified by a person entity orcorporation selected bythe city s chief building official and licensed by the State of California as astructural

pest control operator subject to approval by the city s chief building official The

subdivider or owner is solely responsible for all costs associated with preparing this

report and shall pay a fee to the city for administering reviewing and evaluating the

report in accordance with Sec 28 76 g This report shall also be furnished to

prospective purchasers of each converted unit at those points in time mentioned in

Sec 28 74 c 1 depending onwhether such prospective purchaser is or is nota tenant of

the apartment building or residential complex at the time the conversion map is filed

with the city

3 Building inspection report required A detailed building inspectionand report shall be made by or at the direction of the chief building official at the

subdivider s or owner s expense of all buildings or structures proposed for conversion

and the report shall determine and identify any housing code violations other code

violations or other deficiencies involving a threat to life or property which must be

corrected as a condition of approval of the tentative map or preliminary parcel map

4 Building and appliance warranty required Each purchaser shall be

granted by the subdivider or owner a one 1 year warranty on all appliances installed

in his or her unit and to the homeowners association and all purchasers of individual

units shall be granted a one 1 year warranty on all structures in the project and on all

electrical heating air conditioning plumbing ventilation equipment roofing and

elevators

d Temporary housing required for tenant displaced due to renovation As to

any tenant or renter of an apartment unit or dwelling unitwithin a residential complexat the time a tentative map or preliminary parcel map for a conversion of that buildingor structure is filed with the city who enters into a written agreement with the owner to

purchase the dwelling unitonce it has been converted and who is thereafter required to

temporarily vacate or is temporarily displaced from said apartment or residential unit

because the subdivider or owner is renovating or effecting certain structural

modification to comply with the city s requirements the owner shall be responsible for

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1 Finding suitable temporary replacement housing for such tenant and if

the monthly rent is higher for the replacement housing than for the apartment or

dwelling unit being vacated paying the difference in suchmonthly rent and

2 Paying such tenants actual moving expenses in temporarily movingfrom the said apartment or dwelling unit and moving back into the unitwhen the

renovation or structural modifications have been completed and approved by the city

e Additional tenant relocation assistance required The city s most current

tenant relocation assistance policy shall apply to all tenantswho have not entered into a

written agreement with the owner topurchase the dwelling unit once it has been

converted

SEe 28 75 Required city council findings for approval Grounds for denial

a Required city council findings for approval The city council shall not

approve any project for the conversion of any existing structure or structures to a

condominium stock cooperative community apartment project common greensubdivision or tenancy in common unless it makes the following findings and

determinations

1 That the proposed conversion is consistent with the longer range goalsof the general plan the zoning district and any precise plan and that the conversion

does not conflict with the amortization or sunsetting of the allowed use of the buildingsought tobe converted

2 That the proposed conversion would notadversely and seriouslydisrupt the effective operation or functioning of nearby schools or other communityfacilities

3 That the apartment building or residential complex proposed for

conversion does not represent a unique and needed housing resource in the city or in

the neighborhood taking into consideration such factors as the need for abalanced

rental owner housing supply current rental rates apparent appeal to families with

children and special tenant displacement problems which would result from the

conversion

4 That any proposed condominium conversion has complied with the

city s most current tenant relocation policy

5 That any proposed condominium conversion has met all noticing

requirements as outlined in Articles VI and VII

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b Mandatory grounds for denial In addition to those grounds for denying a

final map or parcel map which are set forth in Sec 664735 and 66474 of the Subdivision

Map Act and in Article IV Parcel Maps and Final Maps of this chapter the city council

shall not approve a final map or the city engineer approve a parcel map for a

subdivision tobe created from the conversion of residential real property into a

condominium stock cooperative community apartment project common greensubdivision or tenancy in common unless it or he she finds as follows

1 Each tenant of the residential real property has received or will have

received each of the notices and rights pursuant to Sec 28 73 a of this article and as

now or hereafter required by Chapter 2 and Chapter 3 of the Subdivision Map Act

2 Each person applying for the rental of a unit in the residential real

property has received orwill have received the notice and rights pursuant to

Sec 28 73 b of this article and as now or hereafter required by Chapter 2 and Chapter 3

of the Subdivision Map Act

c Permissive grounds for denial In addition to the grounds for denial set

forth in this chapter and the State Subdivision Map Act an application for approval of a

tentative map or preliminary parcel map for the conversion of residential rental units to

a condominium stock cooperative community apartment project common greensubdivision or tenancy in common may be denied on the ground that either

1 The proposed project because of its physical characteristics lot size

configuration site design orbuilding condition is not suitable for conversion to a

condominium stock cooperative community apartment project common greensubdivision or tenancy in common or

2 The proposed project because of its physical characteristics lot size

configuration site design or building condition is not suitable for families with

children

3 The proposed project contains fewer than sixteen 16 units and is not

suitable for conversion due to its size amenities ingress egress or ability to maintain

itself

SEe 28 76 Design and safety standards for conversions

The design improvement and construction to convert an existing apartmentbuilding or residential complex to a condominium stock cooperative communityapartment project or common green subdivision or tenancy in common shall complywith design standards in Sec 28 69 except as modified in this section and with the

following design and safety standards

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a Codes ordinances and regulations All building and fire codes zoningprovisions and all other applicable local ordinances and regulations in effect at the time

of construction of such structure and shall in addition conform to and be in accordance

with the standards set forth in this section or most recent standards as adopted by the

city council in effect at the time of filing of the tentative map orpreliminary parcel mapfor such conversion

b Zoning provisions Current residential zoning ordinance standards for

density floor area ratio building setback open space parking and circulation

c Minor exceptions considered Minor exceptions tocurrent residential

zoning ordinance standards shall be considered for up toten 10 percent for buildingsetback and fifteen 15 percent open space requirements only

d Special features may be required The design and improvement of any such

conversion may also be required to incorporate special design features and amenities

i e useable open space children s play areas and similar physical improvements as

conditions of approval of said map

e Building seismic fire and housing codes compliance facility and site

improvement requirements

1 Seismic safety pursuant toany of the following standards

2007 California Building Code 2006 International Existing Building Code Seismic

Rehabilitation of Existing Buildings ASCE 41 06 or an equivalent procedure approvedby the chief building official and updated and amended versions of said codes

2 California Building Standards Title 24Energy Standards

3 Fire Life Safety and Habitability Standards pursuant to the

2007 California Building Code 2007 California Plumbing Code 2007 California

Mechanical Code and 2005 National Electrical Code and updated and amended

versions of said codes

4 2007 California Fire Code and updated and amended versions of said

code

5 Article IX of Chapter 8 MountainView City Code Drainage and Flood

Control Sec 8 160 et seq

6 Separate utility services shall be provided to each building and to each

unit unless the public works director determines that such separate utility services are

both not desirable and not feasible If separate utility services are notprovided the

homeowners association or similar organization shall be primarily liable for all city

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utility billings and the owners of individual residential buildings and unitsshall jointlyand severally be secondarily liable for all city utility billings and security for paymentof utility billings shall be provided as set forth in Sec 35 38 c

f Written report on improvements and compliance required An independentconsultant approved by the chief building official shall prepare a written report with

appropriate itemized cost estimates onall improvements necessary tomake the

development comply with Items 28 76 e 1 2 3 4 5 and 6 of this section The



report in accordance with Item g of this section Minor nonsafety or structural

deviations from strictcompliance with the design and safety standards may be

approved at the discretion of the chief building official or the public works director as

appropriate

g Fee for City services Fees for the review and evaluation services and other

related expenses incurred and performed by City staff shall be an amount based on an

hourly rate established by city council resolution

Section 5 Article VIII of Chapter 28 of the Mountain View City Code is herebyamended to read as follows

ARTICLEVIII

COMMERCIAL AND INDUSTRIAL CONDOMINIUM CONVERSIONS

SEe 28 80 Purpose

The conversion of commercial and industrial buildings into smaller ownershipunits likewise creates impacts to the city s available business space including reducingthe flexibility and utility of that space by creating multiple ownerships on one parcelthat was originally designed to function and be available for a wide variety and size of

uses Multiple ownerships can create significant conflicts among users leading to the

deterioration of the property and secondary safety and aesthetic issues to neighboringproperties The maintenance of flexibility and utility in the commercial and industrial

base is critical to the economic viability of the City of MountainView as well as the

economic viability of our region

It is the purpose of this ordinance to seek toassure a reasonable balance of rental

and ownership industrial and commercial unitsand avariety of individual choices of

tenure type price and location of available business space and to maintain the supplyof available business space and to maintain the flexibility and redevelopment potentialof the city s key industrial and commercial areas in substantial compliance with the

city s General Plan

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SEe 28 81 Applicability


this chapter shall apply to the conversion of commercial industrial or any nomesiden

tial space in an existing building or buildings to condominium in the City of Mountain

View The provisions of this article are enacted pursuant to the provisions of Sec 200 of

the Charter of the City of Mountain View and of the Subdivision Map Act

SEC 28 82 Permit


accordance with Chapter 28 Mountain View City Code and the Subdivision Map Act a

development review permit in accordance with Sec A3652 ora planned communitypermit in accordance with Sec A36 68 of this code shall be required for the conversion

of commercial industrial or any nomesidential space in an existing building or

buildings to condominiums Permit applications shall be processed pursuant to

Sec 28 84

a No permit application for the conversion of commercial and industrial

building or buildings to condominium shall be processed unless a preliminarydetermination has been made by the community development director that the use as

zoned is consistent with current zoning and is consistent with any interim moratorium

for a zoning or use or structure amortization This preliminary determination by the

community development director may allow the application tobe processed however

the final action under this section shall be made through the public hearing process and

ultimately by the city council

b No tentative map or preliminary parcel map for the conversion of commercial

and industrial building or buildings to condominium shall be filed without a permit

application under this section

SEe 28 83 Tenant noticing requirement

The subdivider orowner of an existing commercial or industrial building or

buildings proposed for conversion to a condominium shall give to each tenant of the

property awritten notice of intention to convert provided at least sixty 60 days priorto the filing of a tentative map or preliminary parcel map in accordance with

Sec 2873 a 1 The owner shall also give written notice toeach prospective tenant in

accordance with Sec 28 73 b and shall keep records of all noticing in accordance with

Sec 28 73 c

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SEe 28 84 Process


accordance with this chapter and the Subdivision Map Act permit applications for the

conversion of existing commercial and industrial building orbuildings to condominium

shall be reviewed and processed in accordance with Sec A36 52 Development Review

Sec A36 68 Planned Community Permits and Sec A 3650 020 Review Authority of

this code and with current commercial and industrial zoning standards

a Development review required A development review application is

required and shall be reviewed by the development review committee for all condo

minium conversion projects The development review committee shall provide a

recommendation to the zoning administrator who shall hold a public hearing on the

development review application in accordance with Sec A36 80 ApplicationsHearings and Appeal s of this code The zoning administrator may then provide a

written recommendation to the city council for final action on the development review

application

b In addition to complying with zoning ordinance provisions permit process

ing for commercial and industrial condominium conversions shall also comply with the

following except that any reference to apartment building or projects and residential

complex shall be replaced with the term commercial or industrial building s and the

terms stock cooperative community apartment project common green subdivision or

tenancy in common shall not apply

1 Buyer protection provisions in Article VI Sec 28 68 1

Subsections a and f pertaining to covenants conditions and restrictions CC Rs

Subsection c pertaining to nondiscrimination in the terms and conditions of sale of

any units and Subsection e pertaining to furnishing required information by the

subdivider or owner to each purchaser of any units

2 Notice of city councilor subdivision committee meeting to consider

tentative map or preliminary parcel map in Article VII Sec 28 74 b

3 Buyer and tenant protection requirements for conversion in Article VII

Sec 28 74 c 1 through c 4

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SEe 28 85 Required city council findings for approval Grounds for denial

a Required city council findings for approval The city council shall not

approve any project for the conversion of any existing commercial or industrial

building or buildings to a condominium unless it makes the following findings and

determinations

1 That the proposed conversion of commercial and industrial buildingsinto smaller ownership units is consistent with the longer range goals of the generalplan the zoning district and any precise plan and that the conversion does not conflict

with the amortization or sunsetting of the allowed use of the building sought tobe

converted

2 That the proposed conversion would not adversely and irreversiblyreduce the flexibility and utility of the existing commercial or industrial space bycreating multiple ownerships onone parcel that was originally designed to function

under a single ownership and be available for awide variety and size of uses

3 That the flexibility and redevelopment potential of the city s keyindustrial and commercial areas in substantial compliance with the city s General Plan

would not be adversely impacted by the proposed conversion

4 That a reasonable balance of rental and ownership industrial and

commercial units and a variety of individual choices of tenure type price and location

of available business space would be maintained with the proposed conversion

5 That the supply of available business space and the flexibility and utilityin the commercial and industrial base critical to the economic viability of the City of

MountainView as well as the economic viability of our region would not be adverselyimpacted by the proposed conversion

6 That the conversion of a complex into individual ownerships will

present no risk that the complex will result in conflicts between uses parking storageetc

7 That anyproposed condominium conversion has met all noticingrequirements as outlined in Articles VI VII and VIII

b Mandatory grounds for denial In addition to those grounds for denying a

final map or parcel map which are set forth in Sec 66473 5 and 66474 of the Subdivision

Map Act in Article IV Parcel Maps and Final Maps of this chapter and in this article

the city council shall not approve a final map or the city engineer approve aparcelmap for a subdivision to be created from the conversion of commercial or industrial

real property into a condominium unless it or he she finds that all of the building s on

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the property comply with applicable zoning and use regulations and that each of the

tenants of the nonresidential real property proposed for conversion has received or will

have received each of the notices in accordance with Sec 28 83

SEe 28 86 Design and safety standards for conversions

The design improvement and construction toconvert an existing commercial or

industrial building or buildings to acondominium shall comply with design standardsin Sec 28 69 except as modified in this section and with the following design and

safety standards

a Compliance with codes ordinances and regulations All building and fire

codes zoning provisions and all other applicable local ordinances and regulations in

effect at the time of construction of such structure and shall in addition conform to

and be in accordance with the standards in this section or most recent standards as

adopted by the city council in effect at the time of filing of the tentative map or

preliminary parcel map for such conversion

b Compliance with zoning provisions Current commercial and industrial

zoning ordinance standards for allowable use floor area ratio building setback open

space parking and circulation

c Building seismic and fire codes compliance facility and site improvementrequirements

1 Seismic safety pursuant to any of the following standards

2007 California Building Code 2006 International Existing Building Code Seismic

Rehabilitation of Existing Buildings ASCE 41 06 or an equivalent procedure approvedby the chief building official and updated and amended versions of said codes

2 California Building Standards Title 24 Energy Standards

3 Fire Life Safety and Habitability Standards pursuant to the

2007 California Building Code 2007 California Plumbing Code 2007 California

Mechanical Code and 2005 National Electrical Code and updated and amended

versions of said codes

4 2007 California Fire Code and updated and amended versions of said

code

5 Article IX of Chapter 8 MountainView City Code Drainage and Flood

Control Sec 8 160 et seq

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6 Separate utility services shall be provided to each building and to each

unitunless the public worksdirector determines that such separate utility services are

not feasible If separate utility services are not provided the homeowners association

or similar organizatIon shall be primarily liable for all city utility billings and theowners of individual buildings and units shall jointly and severally be secondarilyliable for all city utility billings and security for payment of utility billings shall be

provided as set forth in Sec 35 38 c

d Written report on improvements and compliance required An independentconsultant approved by the chief building official shall prepare a written report with

appropriate itemized cost estimates on all improvements necessary to make the

development comply with Sec 28 86 c 1 2 3 4 5 and 6 of this article The



report in accordance with Item e of this section

Minor nonsafety or structural deviations from strict compliance with the

design and safety standards may be approved at the discretion of the chief buildingofficial or the public works director as appropriate

e Fee for city review and evaluation services Fees for the review and

evaluation services and other related expenses incurred and performed by city staff

shall be an amount based onan hourly rate established by city council resolution

Section 6 Article IX of Chapter 28 of the MountainView City Code is herebyamended to read as follows

ARTICLE IX

CONVERSION LIMITATION ACT

SEe 28 90 Statement of purpose

In order to provide for the housing needs of all economic segments of the

community this ordinance urgently limits the conversion of apartments into

condominiums and other types of ownership that could reduce the supply of rental

housing

SEe 28 91 Definitions

As used in this ordinance

a Apartment refers to a dwelling in a structure designed or used to house two

2 or more persons or families living independently of each other Excluded are rental

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units in hotels motels inns tourist homes rooming and boarding houses hospitals and

like facilities

b Apartment complex refers to the entire parcel of real property or adjacentparcels under single ownership including at least two 2 apartments and all otherstructures thereon all or part of which is rented or leased for residential purposesCondominiums condominium projects community apartment projects and common

green subdivisions are not apartment complexes

c The total number of apartments shall include all apartments in apartmentcomplexes regardless of whether they are currently occupied It shall also include

apartments that have been proposed or approved for conversion where the conversion

has not yet occurred The only apartments excluded from the total number shall be

those not in anapartment complex and those constructed with government funds for

disadvantaged persons

d Conversion refers toa change in the type of ownership to a condominium

condominium project community apartment project common green subdivision or to

any other form which might reduce the likelihood that any affected apartment will be

rented or leased to the general public for residential purposes

e A conversion does not occur until the change in ownership is coupled with

the right to immediately possess every affected apartment In no event shall a

conversion be deemed to have occurred until the expiration of one 1 year followingnotice to affected tenants of the proposed conversion

f A deficit in the total number of apartments refers to the number of

apartments that must be newly opened for occupancy in order to bring the total number

of apartments up to its initial number and thereby enable further new apartments to

authorize conversions under Sec 28 92 of this ordinance

g Application refers to those documents required by l w tobe filed with the

city in order to initiate approval of a conversion

h Tenant refers to a tenant subtenant lessee sublessee or any other personentitled to the use or occupancy of any apartment

i Landlord refers toan owner lessor sublessor or other person entitled to

receive rent for the use or occupancy of any apartment or an agent or successor of anyof the foregoing

j A tenant may legally represent anapartment only if he or she is an adult in

lawful possession thereof and has obtained the prior written consent to the conversion

of any other adult tenants in lawful possession of the same apartment

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SEe 28 92 Limitation on conversions

Within thirty 30 days of the effective date of this ordinance the MountainView

city council shall ascertain and formally declare the total number of apartments then

existing in the City of Mountain View That shall be the initial total number Except as

provided in Sec 28 93 of this ordinance and notwithstanding any other provision of

law no application for conversion shall be filed nor shall any conversion be approvedor allowed to occur unless it is publicly documented beforehand that the total number

of apartments will not at any time be reduced by the proposed conversion to anynumber below the initial total number

Resolution No 12885 adopted December 10 1979 declared the initial total number of apartments to

be 15 373

SEe 28 93 Majority petition exception

Notwithstanding the limitation onconversions imposed by Sec 28 92 of this

ordinance an application for a conversion may be filed and aconversion may be

approved and allowed to occur if such application is accompanied by apetition signedby tenants who legally represent a majority over fifty 50 percent of all the apartmentsin the apartment complex any part of which is proposed for conversion The petitionshall clearly state that each undersigned tenant irrevocably consents to the specifiedconversion and that each declares under penalty of perjury that his or her current

intention is to purchase one 1 or more of the apartments to be converted Each

undersigned tenant shall write the date of signing his or her apartment number or

other apartment designation and the month and year he or she began lawfullypossessing such apartment To be valid the entire petition must be filed with the Cityof Mountain View within sixty 60 days of the earliest date of signing True copies of

all filed petitions shall immediately be made available by the city for public inspectionNothing in this section shall be construed to require approval of any conversion Once

a conversion authorized by this section is approved however it shall create a deficit in

the total number of apartments Such deficit shall equal the number of apartments to be

converted

SEe 28 94 Scope

All conversions shall be subject to this ordinance except

a Those that have already occurred by the effective date and

b Those that had already received city council approval of the tentative mapbefore the date the notice of intent to circulate the petition calling for this code was

published Notice of intent to circulate the petition was published March 26 1979

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SEe 28 95 Tenant protections

It shall be unlawful for any landlord to seek to evict or otherwise penalize anytenant if the landlord is motivated in any substantial part of the tenant s actual or

prospective opposition to any conversion Violation of this section shall constitute a

defense to any action to recover possession from the tenant and shall give rise to a cause

of action by the tenant for actual damages injunctive relief and punitive damages in the

amount of five hundred 500 dollars or in such greater amounts as is allowed by law

Any waiver of these protections shall be void

SEe 28 96 Partial invalidity

If any provision of this ordinance or application thereof is held invalid such

invalidity shall not affect any other provision or application of this ordinance which can

be given effect without the invalid provision or application and to this end the

provisions of this ordinance are declared to be severable

Section 7 The provisions of this ordinance shall be effective thirty 30 days from

and after the date of its adoption

Section 8 If any section subsection sentence clause or phrase of this ordinance is

for any reason held to be unconstitutional such decision shall notaffect the validity of

the other remaining portions of this ordinance The City Council hereby declares that it

would have passed this ordinance and each section subsection sentence clause or

phrase thereof irrespective of the fact that anyone or more sections subsections

sentences clauses or phrases be declared unconstitutional

Section 9 Pursuant to Section 522 of the MountainView City Charter it is ordered

that copies of the foregoing proposed ordinance be posted at least two 2 days prior to

its adoption in three 3 prominent places in the City and that a single publication be

made to the official newspaper of the City of anotice setting forth the title of the

ordinance the date of its introduction and a list of the places where copies of the

proposed ordinance are posted

MDM 2 0RD

0l4 11 03 09o E

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Condominium Conversion Ordinance Amendments - Granicus

Documents

Transcript of Condominium Conversion Ordinance Amendments - Granicus