Loading...
HomeMy WebLinkAboutPlanning Comm Rpts. /2005/07/13 6:00 p.m. Wednesday, July 13, 2005 AGENDA FOR A REGULAR MEETING AND A WORKSHOP MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Cortes_ Felber_ O'Neill_ Hom Madrid_ Hall_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: GMOC Annual Report Project Manager: Dan Forster, Senior Planner 2. ACTION ITEM: Appointment of new Planning Commission Chair and Vice Chair for FY 05-06. Adjourn to a workshop meeting of the Planning Commission. Planning Commission - 2 - July 13, 2005 WORKSHOP MEETING OF THE PLANNING COMMISSION WORKSHOP TOPIC: Condominium Conversion Procedures John Schmitz, Principal Planner Caroline Young, Assistant Planner COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. ~I~ ~--: ~~ CllY OF CHUlA VISTA Department of Planning and Building Date: July 7, 2005 To: Planning Commission Subject: Jim Sandoval, Director of Planning and Building Dan Forster, Growth Management coordinato~ Public Hearing on the GMOC Annual RepoY~ Via: From: A Planning Commission public hearing on the GMOC Annual Report is scheduled during your regular July 13 meeting beginning at 6:00 PM. The materials (staff report, resolution, and annual report) for this hearing were sent to you prior to the joint workshop that had been scheduled for June 23, 2005. If you have misplaced the report please contact Rabbia Phillip at 619-409-5490, for another copy. The previous draft resolution will change. Due to a potential conflict of interest regarding the Fire/EMS threshold, a separate resolution will be prepared for this item only. The same approach was utilized last year. These resolutions are attached. cc: Nancy Lytle, Deputy Director Attachment as indicated RESOLUTION NO. PCM 05-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE FIRE/EMS ELEMENT OF THE 2005 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL. WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality of life threshold standards one of which is Fire and Emergency Medical Service (EMS), and to submit their annual report to the Planning Commission; and WHEREAS, on May 25, 2005, the GMOC finalized its 2005 Annual Report regarding compliance with the City's eleven Quality-of-Life Threshold Standards; and WHEREAS, the report covers the period from July 1, 2003 through June 30, 2004, identifies current issues in the second half of 2004 and early 2005, and finally assesses threshold compliance concerns over the next 5 years. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula accepts the 2005 GMOC Annual Report and recommendations contained therein in regards to Fire/EMS; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council accept and approve the 2005 GMOC Annual Report and the recommendations contained therein in regards to Fire/EMS. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13rd day of July, 2005 by the following vote to- wit: AYES: NOES: ABSENT: ABSTENTIONS: Chair Diana Vargas Secretary to Planning Commission RESOLUTION NO. PCM 05-01 B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE 2005 GMOC ANNUAL REPORT WITH THE EXCEPTION OF FIRE/EMS AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL. WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality of life threshold standards, and to submit their annual report to the Planning Commission; and WHEREAS, on May 25, 2005, the GMOC finalized its 2005 Annual Report regarding compliance with the City's eleven Quality-of-Life Threshold Standards; and WHEREAS, the report covers the period from July 1, 2003 through June 30, 2004, identifies current issues in the second half of 2004 and early 2005, and finally assesses threshold compliance concerns over the next 5 years. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula accepts the 2005 GMOC Annual Report and recommendations contained therein with the exception of Fire/EMS which was acted on separately; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council accepts the 2005 GMOC Annual Report and the recommendations contained therein with the exception of Fire/EMS which was acted on separately. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13rd day of July, 2005 by the following vote to- wit: AYES: NOES: ABSENT: ABSTENTIONS: Chair Diana Vargas Secretary to Planning Commission ~~~ ::-~ --- ~- Memorandum Cl1Y Of CHULA VISTA Departxnen1: of Planning and Building Date: July 13, 2005 To: From: Planning Commissioners ~ John Schmitz, Principal Plannef.-.:) Condominium Conversion Proc dures Subject: The Planning Commission has requested a workshop session on condominium conversions as they relate to proposals and approvals here in Chula Vista. It is well known that this process has been sweeping the County, which is a common occurrence when residential real estate prices soar as they have over the past few years. As background we are providing the following information on the volume of activity for these applications within the Planning and Building Department over the past 2 years: Currently we have 5 applications in process involving 242 units. The City has approved 3 applications involving 417 units. We anticipate receiving applications for 8 more conversions involving 648 apartment units. Those projects appear to meet City ofChula Vista requirements for conversion and could be recommended for approval by staff. Staff has met with owners/agents regarding 11 other apartment complexes involving 382 units. Generally those apartment complexes would not be recommended for approval for condominium conversions because the sites do not meet the current regulations for parking, open space, etc. When staff began receiving inquiries about the City's requirements for condominium conversions over 2 years ago, we examined the Municipal Code and existing procedures and found that there were clear directions given. However these existing requirements were not favorable to the all properties, especially older apartment projects constructed under different regulations for parking and open space. This is particularly true in the Montgomery area of the City where many apartments were developed under County regulations prior to annexation. Some developers have implored both staff and the City Council to provide some relief from current requirements for parking and open space. In response, staffwrote an informational memo to Council recommending that no changes be made until after the Housing Element is updated to provide policy direction on this issue. Attached you will find a copy of that informational memo sent to the City Council in May oflast year. This memo also advised Council that a new procedural guide was being prepared for use by planning staff and the public for a clearer understanding of the process and ordinance requirements for condominium conversions. Since the development of that initial procedural guide, staffhas had more experience with various condo conversions and has been working on modifications. Also attached to this memo is the latest version of the condo conversion guidelines, which will be reproduced and distributed shortly after this workshop. It is staffs intention to use this new procedural guide to walk your Commission through the "whys" and "hows" of the existing condo conversion process. Staff from the Community Development Department Housing Division will also be in attendance at this workshop, as their department is working on the Housing Element Update. They can answer any questions that may arise about the schedule for the pending update, but they will not be ready yet to discuss details on the policy issues related to condo conversions. Attachments: Council information memo dated May, 2004 Updated Condominium Conversion Guide and Procedures JCS J :\Planning\JohnS\Memos\2005\PC - Condo Conversion Workshop 7 -13.DOC COUNCIL INFORMA nON MEMORANDUM DATE: May 13,2004 TO: The Honorable Mayor and City Council VIA: David D. Rowlands Jr., City Manager FROM:. James D. Sandoval, Director of Planning and Building SUBJECT: Condominium Conversions With the high cost of housing in the region, the concept of converting existing apartment projects into condominiums as a means of providing less expensive for-sale housing units has understandably gained in popularity with some developers. The Planning and Building Department currently has 3 applications in process for such conversions involving 113 units. In addition, we have received many inquiries as to what the City's standards are for such conversions indicating that more applications are likely. Specifically staff knows of 3 other apartment complexes involving 179 units that are considering initiating conversion applications. The current standards for condominium conversions are contained in Chapter 15.56 of the Municipal Code and were enacted in 1979. Staff has spoken to other jurisdictions and found that some members of the development community are going from jurisdiction to jurisdiction examining the local conversion requirements and lobbying for changes that would enable them to convert apartments to condominiums without bringing them up to some current standards. We have heard that one such person, Joseph Scarlatti, has been in touch with some of you seeking your support for such an effort here in Chula Vista. Mr. Scarlatti is very knowledgeable about the State's condominium conversion requirements and, in our discussions with other cities, we know him to be a persistent advocate for changes to local regulations that will require fewer changes to the existing developments. We therefore have prepared this memo to provide you background on this issue. When staff first began receiving inquiries about condo conversions, we consulted the General Plan Housing Element for policy guidance on what the City's goal should be for developing and maintaining inventories of affordable rental housing and affordable for-sale housing. The current Housing Element does not address the issue of condo conversions as a significant factor influencing either type of housing. The Housing Division of the Community Development Department plans to address this issue next year when the Housing Element is amended in accordance with the State schedule for housing element updates. Since the conversion of rental units into for-sale units is allowable, staff reviewed the regulations of Chapter 15.56 (copy attached) to determine whether they are adequate to ensure that converted Condo Conversion Issues Page 2 units will be safe and attractive. Staff believes that the existing City regulations are adequate and that no amendments should be made at this time. However, staff will be examining the regulations and procedures of other jurisdictions for possible improvements that could be made to the city's rules and process. Given the recent interest in condominium conversions, staff has been putting together a new informational handout summarizing the current ordinance requirements and explaining the City's permit processing that will occur with a conversion request. Attached is the draft that we are working on and hope to finalize shortly. You will note the requirements for storage and parking. The advocates for changes to the City's regulations will likely focus on these requirements, as they are often the hardest to satisfy with older apartment projects. Staff believes these requirements are necessary however, to provide the quality of housing desired in Chula Vista. You should also note that the current ordinance does have a relief provision from the storage requirements through action by the City Council. The issue of required parking is often more problematic. The current parking standard for multiple family dwelling units is two spaces for units with two or more bedrooms. Many older apartment projects, especially those built under County regulations prior to annexation into the City of Chula Vista, have only 112 spaces per unit. In making our determination to not support changing conversion requirements for compliance with current parking standards, staff is relying to some extent on the discussion that the City Council had during the public hearings on accessory second units. During those discussions Council expressed concerns with the cumulative impact that properties with inadequate parking could have on the quality of the City's neighborhood. The current regulations provide an opportunity for the City to address potential parking problems associated with older apartment projects through the condo conversion process. I hope this information is of help to you if you have any conversations with people interested in condo conversions. If you have any questions about the City's current regulations or the proposed condo conversion guidelines, please contact me at 691-5002, or Principal Planner John Schmitz at 476-5367. JDS/JCS Attachments: Municipal Code Chapter 15.56 Draft Condominium conversion guidelines Cc: George Krempl, Assistant City Manager Luis Hernandez, Deputy Planning Director Jim Hare, Deputy Redevelopment Director Mary Ladiana, Planning & Housing Coordinator J:\Planning\JohnS\Memos\2004\COUNCIL INFO MEMO - Condo Conv.doc ~~~ -.- ':"~-.::...1ii:""';;;: ~~~~ Plann ng & Building Department Planning Division I Development Processing CIlY OF CHUIA VISTA CONDOMINIUM CONVERSIONS PROCEDURAL GUIDE & REQUIREMENTS A. INTRODUCTION The City of Chula Vista regulates the conversion of apartments to condominiums through a combination of applications for design review of the site and existing buildings, and for a subdivision to divide interest in the land (See Attachment 1). The following is a summary of the procedures and guidelines for filing a Design Review application and a Tentative Subdivision Map or Tentative Parcel Map application for processing by the Planning Division (See Attachment 2, Chart 1) and Engineering Division. Also provided is a list of the typical conversion requirements from each department including the Planning Division, Building Division, Engineering Division/Public Works Operation Division, Fire Department, Community Development Department, Conservation and Environmental Services Department, and the Police Department. Where appropriate, the applicable section number of the Municipal Code dealing with a requirement is included for reference. B. PRE-SUBMITTAL CONFERENCE It is recommended that the applicant submit a request for Pre-Submittal Conference prior to submission of any formal application. This preliminary review will help clarify the review process, identify any potential issues and major requirements. You can make an appointment for a pre-submittal meeting with a planner in person at the Planning and Building counter, or by calling (619) 691-5101. C. GENERAL REQUIREMENTS AND PROCEDURES 1. Subdivision Process A Tentative Subdivision Map depicts the overall existing or proposed development and creates the legal division of parcels. For projects with four (4) or less units, a Tentative Parcel Map application must be filed with the Engineering Division. The Tentative Parcel Map and the Final Parcel Map are processed and approved administratively through the Engineering Division. Please contact the Engineering Division at (619) 691-5021 for their submittal requirements. For projects with five (5) or more units, a Tentative Subdivision Map application must be filed with the Planning Division. The Tentative Subdivision Map is reviewed and approved during public hearings by the Planning Commission and City Council. After the Tentative Subdivision Map is processed through the Planning Division then the Engineering Division will administer processing of the Final Subdivision Map and submit the Final Subdivision Map to the City Council for their approval. Please contact the Engineering Division at (619) 691-5021 for their requirements of a Final Subdivision Map. The City of Chula Vista's Subdivision Manual and the California Subdivision Map Act provide the guidelines and regulations for developers on the subdivision process. Copies of the Subdivision Manual are available at the Engineering Division counter, or on the city website at www.chulavistaca.Qov, or by calling (619) 691-5021. Final Parcel Maps and Subdivision Maps are filed with and processed by the Engineering Department. The City Engineer approves Parcel Maps, while Final Subdivision Maps must be accepted by the City Council. Contact Engineering Department for the final map procedures. 2. Design Review Each application for a condominium conversion involves an evaluation of existing conditions and proposed changes to the site layout, landscaping and building architecture. Therefore a Design Review applications may be required as part of the condominium conversion request. - 1 - Revised 7/05/05 Exceptions 1 to 10 Year Old Apartments: For projects approved and constructed under a previous Design Review application within ten (10) years of the condominium conversion request and does not involve significant modifications to the site or buildings, as determined by the Zoning Administrator, a new Design Review application will not be required. 11 or More Year Old Apartments: For projects older than eleven (11) years, or projects that involve minor exterior modifications or additions to the building (i.e. replacement of windows, doors, new roof covering, replacement of railings and other building components, and/or minor site design alterations etc.), as determined by the Zoning Administrator, a Design Review application can be approved without a public hearing. Major Additions/Remodel: For projects involving substantial additions or alterations to the building or site (i.e. substantial additions or alterations to the building exteriors, or changes to the site to satisfy parking and open space requirements), as determined by the Zoning Administrator, a Design Review application involving a public hearing would be required. The principles and guidelines for design review and requirement for condominium conversions are set forth in the City of Chula Vista Design Manual and the Chula Vista Municipal Code. Copies of the both of these documents are available from the Planning Division counter, on the city website at www.chulavistaca.Qov, or by calling (619) 691-5101. 3. Specific Plan, Precise Plan and/or Redevelopment Plans If a property is located within an area regulated by a specific or precise plan, or a redevelopment plan with specific design guidelines and/or development standards, those guidelines and standards supercede the Zoning Ordinance or Design Manual. You may contact the Planning Division to determine if any of these other plans, standards and guidelines apply to a particular property. 4. Submittal Requirements: Please refer to the Condominium Conversion Application Checklist (Section 15.56.060). 5. Applications Requiring Deposit Accounts The fee you submit with the application is a deposit only. The amount of the deposit is an estimate based on an average processing time for the type of application. Your application may cost less or more depending on certain circumstances and complexity. If the cost of processing the application is less than the deposit amount, you will be reimbursed the balance. However, if the cost of processing is more than the deposit amount, you will be required to pay the difference. If at any time, the amount of the deposit is depleted to a minimal level inadequate to continue processing, or if a deficit situation exists, the Planning & Building Department will request that additional funds be deposited. IMPORTANT: If the additional amount is not received by the specified date, it may cause the project to be delayed or postponed. In no case will a project be scheduled for consideration until the additional amount is received. 6. Project Review Approximately 3-4 weeks after the Design Review and Tentative Subdivision application has been filed, the applicant will be notified of staff comments on the plans. If deemed necessary, staff will arrange for a project review meeting with the applicant and representatives from other city departments to discuss the comments in detail. Following this meeting, revised plans and exhibits may be necessary before final action by Design Review Committee. The Planning staff reviews the final plans and prepares a staff report and recommendation to the Design Review Committee. The project planner will discuss the contents of the draft staff report with the applicant prior to it being finalized and issued. The project is then taken to the Planning Commission and City Council for final approval. - 2 - D. TENANT NOTIFICATIONS Both the State of California and the City of Chula Vista require, as part of the subdivision process, that all tenants of an existing apartment complex be given ample warnings of the owners' intent to convert the units to condominiums, and offered an opportunity to purchase their unit. The following table lists the required notices and timelines, specified in calendar days, which must be given to the tenants. Also included are the forms that the City of Chula Vista requires to be used for each notification. These forms are intended to be given periodically throughout the process and sequentially in the order specified in the table below and as illustrated in Attachment 3, Chart 2. Applicants are encouraged to work with the Housing Division of the Community Development Department who can assist in providing resources and information to the tenants regarding relocation and possible purchasing assistance. The State Guidelines for notification shall be used since they supersede the City's requirements (Article 66427.1 (a),(c),(d), 66452.8, and 66452.9). NOTICE REQUIREMENT 60-Day Notice to all existinQ tenants of Intent to Convert- Form A See Attachment 4 . Notice to all prospective tenants of Intent to Convert- Form B See Attachment 5 10-day Notice to all existinQ tenants of an Application of a Public Report - Form C (See Attachment 6 90-Day Notice all to all existinQ tenants of Option to Purchase/Offering to Sell to Public -Form D (See Attachment 7 Notice to all prospective tenants of Option to PurchaselTermination of Tenancy-Form E (See Attachment 8 180-Day Notice to all existinq tenants of Intent to ConvertlTermination of Tenancy-Form F- Attachment 9 10-day Notice to all existinQ tenants of Final Map A roval -Form G See Attachment 10 HOW LONG & WHEN 60 days prior to filing a Design Review and Tentative Ma a lication with the Cit . Prior to acceptance of any rent or deposit from the ros ective tenant. 10 days before or after the submittal of the Public Re ort to the De artment of Real Estate. For a period of 90 days after issuance of the Public Re ort from the De artment of Real Estate. Prior to acceptance of any rent or deposit from the prospective tenant. 180 days prior to termination of tenancy (see note below. Within 10 days of approval of the Final Map by the Cit . . "Tenant List"- List of names, address of all tenants at the time "Form A" is mailed; and a separate list of names, address of all tenants at the time the applications are submitted to the City of Chula Vista. The applicant must update tenant list as changes occur during the conversion process. The signature of the prospective tenant on "Form B" must match the name listed on the "Tenant List". · Forms A, C, D, F and G shall be sent by both certified mail and regular mail to each existing tenant. A copy of the form, original certified mail return receipt cards, and the Certificate of Mailing receipt (regular mail sent and stamped by post master) shall be submitted at the appropriate time (refer to table above and Attachment 3, Chart 2.) The names shall match those shown on the "Tenant List" mentioned above. A "Door to Door" option can be done to get signatures from tenants who have not gone to the Post Office to sign the certified mail return receipt card in a timely matter. The "Door to Door" process may be substituted for the Certificate of Mailing receipt process, but does not exclude the certified mail process. . A copy of Form Band E shall be submitted to the City with the prospective tenant signature after all parties have signed the lease agreement. An updated "Tenant List" shall also be submitted at this time. · Conversions of Mobile Home Parks require different notices per Section 66427.4-66428.1 of the Government Code. - 3 - . Failure to Notice- If the subdivider or his or her agent fails to give notice pursuant to Section 66452.8, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice, and who does not purchase his or her unit pursuant to subdivision (d) of Section 66427.1, an amount equal to the sum of the following: (1) Actual moving expenses incurred when moving from the subject property, but not to exceed five hundred dollars ($500). (2) The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed five hundred dollars ($500). . The 180-Day Notice may be given to the tenants along with the 60-Day Notice if the owner wishes to do so. In doing this, the language of the attached template letter will need to be changed. Please notify staff of this change and obtain approval of the language to be written on the notices. . If you wish not to alter any of the language in the attached notice templates, you must first obtain approval from the Planning staff. At minimum, you will be required to use the language from the State. The Department of Real Estate oversees the licensing and regulation of real estate licensing nationwide and makes sure the subdivider complies with real estate and subdivided land laws when offering new homes or lots for sale and deliver to buyers what was agreed to at the time of purchase. The Public Report is a disclosure document, which must be provided by the subdivider or the selling agent to the prospective purchasers before a sale contract is signed. Public reports contain information of vital importance to prospective buyers including covenant, conditions and restrictions which govern the use of property, costs and assessments for maintaining homeowners' associations and common areas, and other material disclosures (http://www.dre.ca.gov/publicrpt.htm). E. CONVERSION REQUIREMENTS BY DEPARTMENTS Upon submittal of the appropriate applications, copies of the plans will be routed to City departments for comments and conditions of approval. The following are the typical requirements of a condominium conversion request: PLANNING DIVISION: Storage: Each unit shall provide an enclosed storage space where the owners can store various items (i.e. BBQs, lawn chairs, boxes, etc.). This storage space is subject to the following standards: . Coat or water heater closets will not be counted towards the required storage space (Section 15.56.020 C1). . The total cubic feet of storage shall be as follows: (Section 15.56.020 C1) Nurnber or bedrooms in unit Studio and one Two Three Four or more Cu. ft.ofstoraae space 150 200 250 300 . The storage unit shall have a minimum dimension of 2-feet (Section 15.56.020 C2). . There should be no more than two storage spaces per unit (Section 15.56.020 C2). · A total of 70% of the storage unit shall be contiguous to the unit served. (Section 15.56.020 C3). Examples could include: o An exterior storage area located on a patio or balcony. o Shelves provided above a washer/dryer located in a closet area either inside or outside the unit. o Storage provided in an attic subject to Building Code regulations. o Storage provided in hanging cabinets located in an attached garage/carport that does not interfere with the parking of a vehicle. o Storage units accessible from the outside of the building, but connected by a common wall. o Attached storage provided underneath stairways that would not block any existing views from a window or a doorway. - 4 - . For the remaining 30%, storage can be placed in the following locations (Section 15.58.020 C7): o Storage provided in hanging cabinets located in a detached carport, as to not interfere with the parking of the vehicle. o Detached storage units can be provided if located no more than 20-ft from the unit and is architectural compatible with the existing buildings. Landscaping may also be required. o Detached storage provided underneath stairways that would not block the existing views from a window and doorway. Exception to storage requirements: The Planning Commission may recommend to the City Council that a waiver be granted for a portion of the required storage space based upon overall project acceptability (Section 15.56.070). Parking: The site shall comply with the current parking standards as follows: (Section 15.56.020 F) NumberOfbedr()()n\sin unit Studio and one Two or more Spaces per unit 1.5 2 Interior Noise Elements: Please see Attachment 11, Physical Elements Report for information on the interior noise element requirements per Section 19.68 of the Municipal Code. Design Review: Please refer to Section C. 2, Subdivision Process, on page one of this guideline for the Planning Division involvement regarding the Design Review approval. Each project shall comply with the Guidelines of the Design Manual and be approved by the Design Review Committee, or by the Redevelopment Agency for projects located within the redevelopment areas (Section 15.56.020 G). The owner shall not be required to make major structural or spatial changes to the existing buildings unless deemed necessary per the Uniform Building Code. If the exterior of the building does not comply with the Design Manual, then only minor structural changes will be required. The following are examples of major and minor changes. Maior Structural ChanQes: The roof pitch and design shall not be required to be altered. However, if the existing roof material or structure does not meet the currently adopted California Building Code, then the applicant will be required to make the necessary changes. Minor Structural Chanqes: Repainting of the exterior walls of the buildings, or adding architectural enhancements such as window trim, molding, pop-outs or wood shutters. Utilities: Each unit shall have separate service for water, gas, and electricity unless services will be included in the responsibilities of a Home Owners Association (HOA). If the utilities are to be controlled though an HOA, then the applicant must submit a copy of the proposed CC& R's, which must address the individual fees, maintenance, repairs, etc. of on-site utilities. (Section 15.56.020 H). All on-site utilities shall be placed underground per the current Chula Vista Municipal Code (Section 15.56.020 J). Environmental Review: Any proposed changes that will significantly alter or change sensitive environmental areas and resources, such as historic properties, may require environmental review involving the preparation of an Initial Study and environmental document pursuant to CEQA, which will extend the processing time frames. Environmental review can be processed concurrently with design review, however, action on the design review application may not take place until the environmental review process is complete. It should be possible for staff to determine whether or not environmental review will be required at the preliminary review. If determined necessary, the submittal of a Preliminary Environmental Review application and accompanying deposit will be required. Open Space: Please refer to the underlying zone section within the Zoning Ordinance, Chapter 19 of the Chula Vista Municipal Code. - 5 - BUILDING DIVISION Physical Elements Report: Please see Attachment 11, Physical Elements Report for information on the requirements and content of the report. Housing Inspection: Prior to, or concurrent with the condominium conversion applications, the applicant shall request a housing inspection from the Code Enforcement Section of the Building Division. As a condition of approval of the project, the applicant will be required to make any improvements necessary for the units to conform to the current Uniform Housing Code. Projects that have had an inspection done by the Code Enforcement Section in the previous two years or were built less then two years ago may not be required to have another housing inspection done. Please call (619) 691-5280 ext. 3086 to schedule an inspection. COMMUNITY DEVELOPMENT DEPARTMENT: Redevelopment Areas: Conversions within redevelopment areas shall comply with the corresponding Redevelopment Plan for that area. Housing Division: Applicants are encouraged to contact the Housing Division at (619) 585-5722 prior to submitting any applications. Housing staff will not process the applications, but may be able to help in providing resources and information to the tenants regarding relocation or purchasing assistance. Relocation or purchasing assistance to the existing tenants is not required, but is suggested. For information purposes only, please submit a Relocation Assistance Plan Report with your application to the Planning Division stating whether or not you will be providing any relocation or purchasing assistance to the existing tenants per the "Condominium Conversion Application Checklist". CONSERVATION AND ENVIRONMENTAL SERVICES DEPARTMENT: Trash & Recycling: You are required to submit a Solid Waste and Recycling Plan with your application to the Planning Division per the Condominium Conversion Application Checklist. The Plan shall include information on how the project will comply with the City's waste and recycling Municipal Codes Sections 8.24, 8.25, and 19.58.340, and meet the recycling goals. such as the type of trash service (residential, commercial, or industrial), service provider name (if using a recycler other than the City's contracted waste/recycling hauler, service day, frequency of trash pick up, waste reduction and recycling activities, storage location of the automated carts during the week and location for collection on service day, or size and location of each trash enclosure including an description of the recycling and trash service requirement that is anticipated, etc. For additional information on the content of the plan, please obtain a copy of the "Recycling and Solid Waste Planning Manual" from the Planning Division or the Conservation and Environmental Services Department web pages at http://www.chulavistaca.Qov or conservation@ci.chula-vista.ca.us. ENGINEERING DEPARTMENT Tentative/Final Maps: Please refer to Section C. 1, Subdivision Process, on page one of this guideline for the Engineering Division involvement regarding the Tentative Parcel Map, Final Parcel Map, and Final Subdivision Map approval (Section 15.56.030 A). Utilities: The public or private sewers will be reviewed and approved by the Public Works Operations Division. Bonds: A performance bond shall be submitted for any work or public improvements to be completed on or off site. The bonded work must be completed prior to the occupancy of the units (Section 15.56.030 B). FIRE DEPARTMENT: Fire Protection Standards: All condominium conversions shall meet the Fire Protection Standards and maintain all existing fire protection facilities (Section 15.56.200). - 6 - GENERAL SERVICES DEPARTMENT: Energy Conservation: Please see Attachment 11, Physical Elements Report for information on energy conservation and rebate programs. POLICE DEPARTMENT: Security: The Police Department will review applications and may suggest several methods for providing security to the property such as providing adequate locks on doors, windows, screens, adequate lighting on the site, properly maintained shrubbery for adequate visibility to street, and peep holes installed in all doors. F. PUBLICATIONS The following is a list of publications used from all departments when conducting the review of the Condominium Conversion. Publication Subdivision Ma Act UHC, CBC, CMC, CPC, and CEC Chula Vista General Plan Chula Vista Munici al Code Sections: Subdivision Ordinance Zonin Ordinance California Fire Code Chula Vista Plans and Manuals: Subdivision Manual Landsca e Manual Desi n Manual Redevelo ment Area Plans Mont ome S ecific Plan G. PUBLIC HEARING PROCESS ZONING ADMINSTRATOR The Zoning Administrator (ZA) will approve, conditionally approve, or deny the request in approximately 4 to 6 weeks after a completed application has been filed, if environmental review is not required and no major changes are proposed to the site plan and buildings. DRC MEETINGS The Design Review Committee (DRC) meetings are held the second and fourth Monday of each month beginning at 4:30 p.m. in the Council Chambers in the Civic Center at 276 Fourth Avenue. The meetings are noticed and open to the general public. PLANNING COMMISSION MEETINGS The Planning Commission (PC) meetings are held second and fourth Wednesday of each month beginning at 6:00 p.m. in the Council Chambers in the Civic Center at 276 Fourth Avenue. The meetings are noticed and open to the general public. CITY COUNCIL MEETINGS City Council meetings are held the first four Tuesdays of each month in the Council Chambers in the Civic Center at 276 Fourth Avenue. Meetings start at 6:00p.m, except for the first Tuesday of the month, which begins at 4:00 p.m. The meetings are noticed and open to the general public. - 7 - A copy of the agenda and the staff report to the DRC, PC and CC will be mailed to the applicant at least three days prior to the meeting. The project architecVdesigner and the applicant or a designated representative should, in all cases, attend the meeting. The project could be continued to a subsequent meeting if there is no one representing the project in attendance. PROJECT APPROVALS Upon arriving at a decision (approval, conditional approval or denial), the ZA shall issue a letter of determination. A copy of such letter will be sent to the applicant and any other interested party. The decision of the ZA is final unless appealed within 10 days. The DRC will adopt a Notice of Decision, and PC and CC will adopt resolutions containing the conditions of approval. A copy of these decisions will be sent to the applicant and any other interested party. The decisions of the DRC on design review are final unless appealed within 10 days. Design review approvals expire after one year unless a written request for an extension is submitted. City Council approval of the Tentative Subdivision Map is valid for a period of thirty-six (36) months after City Council action. The final subdivision map must be submitted and approved within this period or else the tentative subdivision map will expire. The subdivider may submit a written request to the Planning Commission requesting an extension of the expiration date of the approved or conditionally approved tentative subdivision map with the thirty-six (36) month time period. The Planning Commission may grant an extension of time not to exceed three (3) years. If the Planning Commission denies the request for an extension, the subdivider may appeal to the City Council within fifteen (15) days of the decision of the Planning Commission. APPEALS The applicant, or any interested party, may appeal most decisions of the ZA, DRC or PC within 10 days after a decision is rendered. Appeals from the ZA are directed to the Design Review Committee, and the appeals from the DRC are directed to the Planning Commission. A decision of the Planning Commission may be further appealed to the City Council. Appeals will be scheduled for the earliest available hearing date, which will normally be within 3-4 weeks from the date the appeal is filed. Contact Planning staff regarding procedures for filing an appeal. - 8 - 15.56.005 or major thoroughfare fund.. Such a fund shall be established for each bridge or major thoroughfare. Money deposited in such a fund shall be expended solely for the construction or reimbursement for acquisition or construction of the improvement serving the applicable area of benefit and from which fees comprising such fund were collected. If such fees are to be utilized in whole or in part to reimburse the costs of acquisition or construction of an improvement financed from the proceeds of bonds issued for an assessment district or commu- nity facilities district, the city council may, in the resolution order a specified portion of the proceeds of the fees collected be utilized to prepay assess- ment installments or special taxes or to redeem such bonds prior to redemption. (Ord. 2511 9 1, 1992). Chapter 15.56 CONVERSION OF DWELLING UNITS TO INDEPENDENT OWNERSHIP Sections: 15.56.005 Conversion of multiple dwelling units to independent ownerships. ,15.56.010 Certificate of occupancy required. 15.56.020 CondoIniIri.um projects, condominium conversions and occupancy thereof. 15.56.030 SatiSfaction of said conditions required prior to final approval of subdivision or parcel map. 15.56.040 Notice ofin:rent-to convert - 60-day right of first refusal to purchase. . 15.56.050 Notice of condominium conversion and previous occupancy by rental tenants to prospective purchasers. 15.56.060 Submittals required. 15.56.070 Discretion in approving storage space. 15.56.005 Conversion of multiple dwelling units to independent ownerships. It is the intent of the city council to establish in this chapter regulations and requirements for the conversion or development of condominiums, stock cooperatives, community apartment projects or any other form of ownership which would allow independent ownership of units otherwise held under a common and unified ownership. For the purpose of this section. the following ownerships shall be subject to the full regulations of this chapter although not exclusively and subject to the following defuritions: A. "Community apartment project" is a project in which an undivided interest in the land is cou- pled with the right of exclusive occupancy of any apartment 10ca1ed thereon. 'B. "Condominium" is aD. estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a - separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A "condominium" may include, in addition. a-separate interest in other portions {Jf such real property. C. "Stock cooperative" is a corporation which is f!Jrmed or availed of primarily for the purpose of holding title to, either in fee simple or for a tertn of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corpora- '- Attachment 1 15-56 Chula Vista Municipal Code 15.56.020 " . tion, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person hav- ing such right of occupancy. It is the purpose of the council in adopting the ordinance codified in this chapter to apply all reg- ulations referring to ."condominium projects" to all .stock cooperatives, community housing projects and any similar ownership forms in the same man- ner as if said terms were substituted for "condo- minium projects" as conditioned in this chapter. COrd. 1903 9 1, 1980). 15.56.010 Certificate of occupancy required. In accordance With the Uniform Building Code, adopted by reference by the city council, no build- ing or stIucture in an apartment building or project which is a part of a new condomiDiumproject, or which has been converted to independent owner- ship of the Ullits by means of a statutory condomin- ium or subdivision of the lands, shall be occupied until the building official has issued a certificate of occupancy therefor as provided in said building code, which certificate shall not be issued until all requirements of this chapter and the conditions of the subdivision map have been fully completed except for those conditions and requirements which have been deferred or bonded.. The director of building and housing shall require local utility companies to remove meters from all Ullits which are unoccupied at the time the final subdivision map. is recorded and utility service to such Ullits shall not be provided until authorized by the direc- tor of building and housing after the fulfillment of all requirements and conditions. COrd. 1936 9 1, 1981; Ord. 1841 g 1, 1979). 15.56.020 Condominium projects, condominium conversions and oCCUpancy thereof. No condominium unit:; whether a component of a condominium project which was originally planned for condominium ownership, or created by the conversion of a multiple-family dwelling or dwelling group into a condominium project, shall be occupied prior to the property owner's compli- ance with the following requirements: A. Condominium developments shall meet the fire protection standards which govern multifamily residences, dwelling groups, and other types of rental projects. All existing fire protection facilities shall be maintained. B. Walls which meet the standards of the Uni- form Building Code shall be installed between the airspaces of condominium units. C. Unless otherwise authorized by the planning commission and city council pursuant to CYMC 15.56.070, each condominium Ullit shall be pro- vided with enclosed storage space in accordance with the following standards: 1. Each condominium Ullit shall be provided with an enclosed storage space for the personal and private use of each owner in accordance with the following table: Number of bedrooms in condominium Unit Studio and one Two Three Four or more Cn. ft. of enclosed storage space 150 200 250 300 2. Enclosed storage spaces may contain no dimension smaller than two feet and may not be divided into more than two locations. 3. At least 70 percent of the required space must be contiguous with the Ullit it serves. 4. Storage spaces shall be as secure as possi- ble. A11; storage spaces which are accessible from outside the living area must utilize one-inch dead- bolt smgle cylinder locks, security-type hinges with nonremovable pins, and solid core doors. Such spaces must be constructed in a secure workman- like manner and of materials' so as to resist forced entries. 5. The configuration of the storage space shall allow for all portions of it to be easily reached. 6. One-half of the required space may be provided within the attic if it is accessible by a pull- down or stationary stairway. 7. Storage located withID. the carport area shall not constitute more than 30 percent of the required space, if not adjacent to the unit 8. Storage space must be designed so as to be architecturally compatible with the character of the condominium development 9. Storage spaces shall not be located where they would increase the danger of fire or block important access routes to fire or police persormel. Where attic storage is provided, it shall be enclosed with one-hour :fire-resistive construction. D. Condominium projects shall conform to the Uniform Housing Code which exists at the time of their establishment by subdivision map. The hous- . 15-57 )5.56.030 . . '. ing code requirements are those which govern mul- tiple-family dwellings and dwelling groups. E. All condominium projects shall meet the protective-lighting standards of the Uniform Hous-' ing Code. F. Condominium projects shall conform to the off-street parking requlrements which exist at the time of their establishment by subdivision map or parcel map. The off-street parking requirements are those which govern multiple-family dwellings and dwelling groups. G. Condominium projects shall comply with the guidelines of the design manual of the city, and shall be reviewed by the design review committee, except where condominium projects are located with the Chula Vista Town Centre No. I redevelop- ment project area, in which case the guidelines of the Town Centre design manual shall govern, and the reviewing body shall be the Town Centre design review board.. Notwithstanding the provi- sions of this subsection, the property owner shall not be required to make major structural or spatial changes to existing buildings. H. Each condominium unit shall be served by a separate water heater, and by separate water, gas and electric meters, unless the homeowners' asso- ciation, required to be established pursuant to the laws of the state, assumes the responsibility for centralized utility services, and the billing and pay- ment of utility costs. I. The owner of a residential condominium. project shall, prior to project occupancy, apply to the building and housing department for a compli- ance survey. Upon receipt of this application, the director of building and housing shall cause the inspection of the involved premises for the purpose of determining the state of the condominium. project's compliance with the provisions of this section, and those of the Uniform Housing Code; and shall cause the subsequent preparation of a list of deficiencies, if such exist. These deficiencies must be corrected prior to the department's issu- ance of a certificate of occupancy, required under CVMC 15.56.010. If the owner does not concur with the list of deficiencies prepared under the supervision of the director of building and housing, he may file an appeal therefrom to the board of appeals and advisors, pursuant to the provisions of Chapter 12 of the Uniform Housing Code. J. All condominium. projects shall meet the requirements of Chapter 15.32 CVMC, which per- tains to the undergrounding of utilities, and Chap- ter 18.44 CYMC, which pertains to the filing of declarations of covenants, conditions and restric- tions in conjunction with the subdivision process. COrd. 1937 9 1, 1981; Ord.. 1873 9 1, 1979; Ord.. 1841 9 1, 1979). 15.56.030 Satisfaction of said conditions required prior to final approval of subdivision or parcel map. A. Compliance with the requirements for occu- pancy, enumerated in CYMC 15.56.020, shall be a condition precedent to the approval of a final sub- division map or parcel map which is required for the conversion of a multiple-family dwelling or dwelling group into a condominium project. B. The subdivider may ep.ter into an agreement and submit a bond guaranteeing the work and improvements required under CVMC 15.56.020, and if such is accepted by the city council, the map may be recorded. Completion of the required improvements is required prior to occupancy in the condonririium units. COrd. 1841 9 1, 1979). 15.56.040 Notice of intent to convert - 60-day right of first refusal to purchase. The owners of multiple-family dwelling or dwelling group developments shall provide their . tenants 120 days' notice of their intent to terminate tenancies for the purpose of converting their devel- opments to condominium ownership, and shall grant the tenants a 60-ciay right of :first refusal to purchase their dwelling units as condominium. es- tates. Neither the 120 days' notice nor the 60-day right of first refusal shall commence to run prior to the owner's establishment of a firm price for the in- volved condominium. units. (Ord. 1841 g 1, 1979). 15.56.050 ,Notice -~f condominium conversion and previous occupancy by rental tenants to prospective purchasers. The owners of residential condominium. projects, which were created through the conver- sion of previously rented multiple-family dwelling or dwelling group developments, shall provide pro- spective purchasers of condominium units with notice that the involved projects are condominium conversions, and were originally occupied by ten- ants on a rental basis. COrd.. 1841 ~ 1, 1979). 15.56.060 Submittals required. Together with the filing of any tentative map to create condominium. units, the applicant shall file such information as is required to determine whether the proposed or existing development. complies with the provisions of CYMC 15.56.020 , ,_,\2 Chula Vista Municipal Code 15.56.070 (A) through (J). Such iIlformation may include, but shall not be limited to, the following: A. Landscape plans which show existing as well as proposed plant materials; B. Building elevations showing proposed or existing colors, materials and design features; C. Statements with regard to the provision of water, gas and electric service, and meters; D. Floor plans and plot plans showing building locations, off-street parking layout, landscaped areas, property lines, easements, etc. (Ord. 1841 9 I, 1979). 15.56.070 Discretion in approving storage space. In cOnsidering tentative maps for condonrinium development and evaluating the manner in which storage space is provided as required by CVMC 15.56.020(C), the planning commission may rec- ommend and the city council may approve depar- tures from the stated standards after review of each proposal. Departures shall be based on the merits . of the individual project when good cause can be shown. (Ord. 1873 9 I, 1979). 15-.59 Chart 1 Condominium Conversion Planning Division Process Initial InQuirv/ Pre-Submittal Conference Applicant requests information and sets up meeting with counter staff/planner for pre-submittal conference before official submittal of applications and plans. Project Planner outlines the condominium conversion requirements and compliance with the City's Municipal code. ApplicantJPropertv owner Prepares plans for submittal Formal Submittal Applications (DRCrrSM) received at Planning Division counter (TPM are reviewed by the Engineering Division). No Plans routed to the different departments for review. Applicant Revises plans and resubmits Yes Review/Conditions of Approval Planner reviews plans and comments from other departments. Applicant Revises plans or project ends Condominium Conversion Conference Review of Conditions of Approval with applicant prior to the public hearing. Project Hearin2 Project is approved by DRC, PC, and CC action Construction Improvements are made and the remodel is complete. Building Permit Final Inspection is approved, if Building Permit is required. Buildin2 Permit Submit for Building Permits (if required) and obtain approval. Attachment 2 Chart 2 Condominium Conversion Tenant Noticing 60-Dav Notice of Intent to Convert- Form "A" Delivered to all current tenants 60 days prior to filing the applications. New tenant moving in? After 60 days has elapsed, submit the DRC and TSM/TPM applications to the City with proof of said notice. Revise plans or project ends Notice of Intent to Convert-Form "B" Prior to acceptance of any rent or deposit from a new tenant. Submit proof to the city and a revised tenant list. Applicant revises plans or project ends. City notifies tenant and surrounding owners of all three (DRC, PC, and CC) public meeting. IO-Dav Notice of App. of Public Report-Form "C" 1 0 days before or after the submittal of Public Report to the Department of Real Estate. Submit proof to the city. Submit for Building Permit (if required) Department of Real Estate issues Subdivision Public Report New tenant moving in? 90-Dav Notice of Option to Purchase- Form "D" For a period of 90 days after issuance of the Subdivision Public Report from the Department of Real Estate. Submit proof to the city. Notice of Option to Sell Unit/Termination of Tenancv-Form "E" Prior to acceptance of any rent or deposit from a new tenant. Submit proof to city and revised tenant list. ISO-Dav Notice of Termination of Tenancv- Form "F" 180 days prior to termination of tenancy. Submit proof to the city. (See note on page 3) Building Permit is issued and tenant moves out, if required. Improvements are made prior to selling unit or before owner moves into unit. IO-Dav Notice of Final Map Approval-Form "G" Within 1 0 days of approval of the Final Map by the City if any tenants are still occupying the building. Submit proof to the city. Final Map is approved/recorded by Engineering Department Attachment 3 FORM A CONDOMINIUM CONVERSIONS 60-DAY NOTICE TO EXISTING TENANT OF INTENT TO CONVERT To the occupant(s) of: (apartment #) (address) The owner(s) of this building, at (address), plans to file a Design Review and Tentative/Parcel Map application with the City of Chula Vista to convert this building to a condominium project. You will be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the California Government Code, and you have the right to appear and the right to be heard at any such hearing. We, as the owner, or owner's agent, shall provide a total of five (5) different notices throughout the approval process to each tenant prior to a tenant vacating the premises due to the conversion. The City of Chula Vista will notify each tenant of all public hearings (Design Review Committee, Planning Commission, and City Council) for the project approval. However, for recently built project or projects with no substantial exterior changes to the building, the application may be approved by the Zoning Administrator upon staff discretion. (signature of owner or owner's agent) (date) (Section 66427.1(a) & 66452.9 of the Government Code) Attachment 4 FORM B CONDOMINIUM CONVERSIONS NOTICE TO PROSPECTIVE TENANT OF INTENT TO CONVERT (PRIOR TO EXECUTION OF RENTAL AGREEMENT) To the prospective occupant(s) of: (address) (apartment #) The owner(s) of this building, at (address), has filed or plans to file a Design Review and Tentative/Parce1 Map application with the City of Chula Vista to convert this building to a condominium project. No units may be sold in this building unless the conversion is approved by the City of Chula Vista and until after a public report is issued by the Department of Real Estate. If you become a tenant of the building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the California Government Code, and you have the right to appear and the right to be heard at any such hearing. We as the owner, or owner's agent shall provide a total of five (5) different notices throughout the approval process to each tenant prior to a tenant vacating the premises due to the conversion. The City of Chula Vista will notify each tenant of all public hearings (Design Review Committee, Planning Commission, and City Council) for the project approval. However, for recently built project or projects with no substantial exterior changes to the building, the Design Review application may be approved by the Zoning Administrator upon staff discretion. If you moved in after the process had began, we as the owner, or owner's representative shall inform you of the current status of the project and how many notices you will be given prior to vacating the unit. (signature of owner or owner's agent) ( date) I have received this notice on (date) (prospective tenant's signature) (Section 66427.1(a) & 66452.8 of the Government Code) Attachment 5 FORM C CONDOMINIUM CONVERSIONS to-DAY NOTICE TO EXISTING TENANT OF AN APPLICATION OF A PUBLIC REPORT To the occupant(s) of: (address) (apartment #) The owner(s) of this building, at (address), will be, or has submitted an application for a Public Report to the Department of Real Estate, and that such report will be available upon request. A Public Report is a disclosure document given to the prospective purchasers before a sale or contract is signed. It contains information of vital importance to the prospective buyers including covenant, conditions and restrictions which govern the use of property, costs and assessments for maintaining homeowners' associations and common areas, and other material disclosures (http://www.dre.ca.gov/publicrot.htm). In addition, the Design Review and TentativeIParcel Map application has been approved by the City ofChula Vista on (date) to convert this building to a condominium project. No units may be sold in this building until the Final Map has been approved by the City of Chula Vista and after a public report is issued by the Department of Real Estate. (signature of owner or owner's agent) (date) (Section 66427.1(a) of the Government Code) Attachment 6 FORM D CONDOMINIUM CONVERSIONS 90-DA Y NOTICE TO EXISTING TENANT OF OPTION TO PURCHASE/OFFERING TO SELL TO PUBLIC To the occupant(s) of: ( address) (apartment #) The owner(s) of this building, at (address), can offer the rental units for sell to the general public 90 days after the issuance of the subdivision public report and after the approval of the Final Map by the City of Chula Vista. All existing tenants shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions code, unless the tenant gives prior written notice of his or her intention not to exercise the right. The Public Report submitted to the Department of Real Estate has been issued on (date) and that such report will be available upon request. Please notify the owner or owners' representative if you wish to purchase your unit. (signature of owner or owner's agent) ( date) (Section 66427.1 (d) of the Government Code) Attachment 7 FORM E CONDOMINIUM CONVERSIONS NOTICE TO PROSPECTIVE TENANT OF OPTION TO PURCHASEITERMINATION OF TENANCY (PRIOR TO EXECUTION OF RENTAL AGREEMENT) To the prospective occupant(s) of: (address) (apartment #) The owner(s) of this building, at (address), will be offering the rental units for sell to the general public 90 days after the issuance of the subdivision public report and after the approval of the Final Map by the City of Chula Vista. All existing tenants shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions code, unless the tenant gives prior written notice of his or her intention not to exercise the right. The Public Report submitted to the Department of Real Estate has been issued on (date) and that such report will be available upon request. Please notify the us if you wish to purchase your unit. (signature of owner or owner's agent) (date) I have received this notice on ( date) (prospective tenant's signature) (Section 66427. 1 (d) & 66459 (c)(d) of the Government Code) Attachment 8 FORM F CONDOMINIUM CONVERSIONS ISO-DAY NOTICE TO EXISTING TENANT OF INTENT TO CONVERT/TERMINATION OF TENANCY To the occupant(s) of: (apartment #) (address) Th~ owner(s) of this building, at (address), have obtained all necessary approvals up to this point in the process from the City of Chula Vista and Department of Real Estate. After the approval of the Building Permit, we as the owner, or owners agent can begin the construction process of converting the units into condominium, if changes are being proposed. We as the owner, or owners agent has the right to terminate your lease or rental agreement on or after 180 days of the date of this notice. Please verify with us the anticipated move out date if you have not purchased your unit. Tenants who have purchased their units may also be required to temporary move out during the construction phase. (signature of owner or owner's agent) ( date) (Section 66427.1 (c) of the Government Code) Attachment 9 FORM G CONDOMINIUM CONVERSIONS to-DAY NOTICE TO EXISTING TENANT OF FINAL MAP APPROVAL To the occupant(s) of: (address) (apartment #) The owner( s) of this building, at (address), have received an approval of the Final Map by the City of Chula Vista on (date) to officially convert this building to a condominium project. All necessary Building Permits have been obtained and all construction work on the remodeling of the building (if any) shall be completed and approved by the City of Chula Vista prior to the new owners of the condominium moving into the units. (signature of owner or owner's agent) (date) (Section 66427.1(b) of the Government Code) Attachment 10 ~~~ -.- ':"""';;--.::...1ii:"~ ~~~~ P I ann ng & Building Department Planning Division I Development Processing CIlY OF CHUIA VISTA PHYSICAL ELEMENTS REPORT A. INTRODUCTION Along with the necessary applications and plans, the applicant shall include a Physical Elements Report from a Licensed Architect or Civil Engineer who has examined all existing structures and amenities of the site where the proposed condominium conversion will occur. The report must describe the physical condition of the subject property to verify: (1) Said structures and associated electrical, plumbing and mechanical systems are safe and sound and meet the Building Codes in effect at the time of construction, (2) All exterior elements are in good physical condition and have an extended life expectancy. A total of three (3) copies of the Physical Elements Report shall be submitted with the necessary applications to the Planning Division for review and approval by the Planning Division, Building Division, and Fire Department. Projects that have received a certificate of occupancy within five (5) years of submittal date will not be required to provide a Physical Elements Report. B. SITE INSPECTIONS The Licensed Architect or Civil Engineer is required to conduct an on-site inspection of the subject property in order to assess the physical conditions of the property and interior conditions of all units. However, an inspection on a reduced number of units may be allowed by the Director of Planning and Building Department. In no event shall less than 10% of the units be inspected. The Pre-Submittal Conference will be used to determine how many units will need to be inspected. C. REQUIRED CONTENT OF REPORT After the field inspection is complete, the Licensed Architect or Civil Engineer shall prepare a report that must include the following: (1) General description and Information of the project, (2) Overall physical conditions of structural items/amenities, (3) Interior noise elements, (4) Energy conservation, (5) Recommended, required and proposed improvements, (6) Additional support documents. Below is a summary of the content to be included in each section of the report. 1. General Description and Information o Name, address, and APN of project o Legal description of subdivision o Gross area of subdivision o Name and address of owner, Licensed Architect or Civil Engineer and respective company. o A wet stamp and signature of Licensed Architect or Civil Engineer on the report. o Provide a table to show unit types, size of units, number of units and total areas of units. o Date of the on-site inspections by Licensed Architect or Civil Engineer. o Total number of units inspected o Any other persons who conducted the on-site inspection with the Licensed Architect or Civil Engineer, such as the property manager or owner. o Completed date of construction when the project was first built and which Building Code did it get approved under. Page 1 Attachment 11 2. Structuralltems/Amenties The following is a list of items to be examined and any other items located on the site, during the on-site inspection by the Licensed Architect or Civil Engineer. The report shall list the life expectancy of the items, past maintenance history, overall current conditions, lists of defects, type of materials and construction, and comparability to other similar properties of similar age in this area. Site Arnenities Accessory Structures Recreation or office buildinas Carports or garaaes Pool, spa, sauna Trash enclosures Tennis courts Fences, walls, Qates Tot lot, BBQ area, picnic tables LiQht poles/fixtures l..andscaDedAreas Exterior Finishes PlantinQ Wood work, material, paint, stucco for each building Hardscape elements, walkways Walls, doors, and windows IrriQation system Stairways DrainaQe system Foundation/Pavement Interior Elements Foundation svstem for each buildina Drywall, paint, wall paper, etc. Parking lot pavement Hallways, walkways Stn.lcturalSvstems Floor coverinQ Structural system of each building (wood, Electrical cover plates steel, masonrv or concrete). Light fixtures Plumbing Laundry area/room Plumbina lines and fixtures Environmental health conditions (ex. asbestos, lead base paint or pipes) Mechanical Appliahces HeatinQ and coolinQ system Type and make of all appliances Electrical Interior. Noise Elements Size of service provided to each unit Interior walls, floor, and ceilinQs Transformers, distribution panels, and meters Fire ratinQ Solar panels systems Insulation systems Roof Fire Prevention Roof construction (flat, pitched, etc.) Fire hydrants Roofing material and water proofinQ membrane Fire Department Connections (FDC) Post and penetration locations Standpipes, fire sprinklers (submit a five year Rain water collection certification of all fire sprinklers and standpipe Gutters, downspouts, scuppers systems) Minimum roof slope Fire alarm systems (smoke/C02 detectors) Utilities Extinguishers Different utilities and the provider (ex. electricity, natural gas, sanitarv sewerage, potable water, solid waste removal, cable television) Page 2 . ' . 3. Interior Noise Elements No persons shall operate, or cause to be operated, any source of sound within a residential dwelling unit or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table IV of Section 19.68.040A 1 of the Chula Vista Municipal Code. Table IV Noise level {dBA} not to be Exceeded TVDe of land Use Time Interval Any Time 1 min. in 1 hr 5 min. in1hr Multifamilv 35 10 p.m.-7a.m. 45 40 If the ambient noise level inside the receiving dwelling unit exceeds that permissible with any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus five dB9(A) at any time (Section 19.68.040A2). In order to verify this information, a Licensed Acoustical Engineer shall provide an acoustical analysis as part of the Physical Elements Report showing how the existing building has been designed to limit noise in habitable rooms per Section 19.68 of the Municipal Code. The Licensed Acoustical Engineer shall test the wall and floor/ceiling assembly that separates dwelling units from each other and from common space (such as corridors, laundry rooms, common garages, service areas, etc.) to see if these areas meet the standards specified above. The report shall specify the details of the penetrations of assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits or heating, and how the ventilating or exhaust ducts are sealed, lined, insulated or treated to maintain the required sound rating. If the existing building does not meet the interior noise limits specified above, then the existing building shall be required to meet the current Municipal Code requirements for sound transmission. 4. Energy Conservation If improvements are to be made to the individual units, recreational buildings, etc., then you may be eligible to participate in the residential rebates and services program for energy efficiency with San Diego Gas and Electric. Please visit their web site at www.sdQe.com for details. You may also contact the General Services Department at (619) 409-5918 for questions regarding energy conservation or to see if your project qualifies for any City of Chula Vista rebate programs, such as the Sustainable Community Program. The Physical Elements Report should note which improvements are being made to satisfy the requirements of the energy efficiency program. 5. Recommended, Required and Proposed Improvements The following section shall identify all items that are recommended by the Licensed Architect, Civil Engineer, or Licensed Acoustical Engineer for recommended immediate repair (prior to occupancy of unit) or recommended for short term and intermediate term repairs (between 1 to 5 years). Below is an explanation of each type of recommendation. a.) Recommended Immediate Repairs (prior to occupancy of unit) The recommendations for immediate maintenance for physical deficiencies are potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority then routine work. For example, repairing fire damaged structures, exposed electrical wiring, dryrot steps leading to a unit, etc. would be immediate repairs. An estimated cost to repair or replace the each item shall also be provided. Page 3 b.) Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years): The recommendations for short term and intermediate term repairs are items that will need to be replaced, repaired, or upgraded in the near future by either the current or future owners of the unit in order to extend the life of the items or structure. For example, replacing the water heater or air conditioning units within five (5) years or replacing the roof materials within two (2) years would be a short term and intermediate term repair. An estimated cost to repair or replace the each item shall also be provided. c.) Recommended and Proposed Improvements (prior to occupancy of unit) The recommended and proposed improvements are recommendations for cosmetic repairs in order to upgrade the units or common recreation building to improve the physical appearance. For example, new appliances, counter tops, fixers, replacing the flooring, windows, doors or the painting the exterior of the buildings would be a recommended and proposed improvement. In addition to the Licensed Architect or Civil Engineer recommendations, a list of any additional items that will be repair or replaced by the owner shall also be included in the report. An estimated cost to repair or replace the each item shall also be provided. D. SUPPORT DOCUMENTS 1. Site Plan and Architecture Drawings Submit a reduced 8 %' x 11' or 11 'x 17' (folded to an 8 % 'x 11' size) copy of the site plan, floor plans, and elevation plans, and landscape plans within the report. All structures or amenities shown on the site plan shall be identified in the report. 2. Photographs Colored photographs shall also be included in the Physical Elements Report showing the existing conditions of each items listed above. The photographs shall be clearly labeled and either provided in the text under each item or attached to the end of the report with the proper referencing within the text. Page 4