§ 23.04.028. Residential Single-Family and Multi-Family Categories.

The minimum parcel size is based upon the type of public road serving the property proposed for division, terrain features, and the type of sewage disposal facilities to be used for the parcels to be created. Minimum parcel size is determined by applying the three tests of this section to the features of the parcels to be created. The allowable minimum size is the largest area obtained from any of the tests, except as provided by subsection d of this section for condominium-type projects, and except for cluster divisions pursuant to Section 23.04.036. Community water service is a prerequisite to land division in the Residential Single-Family and Multi-Family categories in every case.

a.

Lot access test: Considers both the type of public roadway providing vehicular access to the site and roads to be constructed with the land division. If more than one public street would serve a proposed parcel, this access standard is to be applied only to the street that actually provides vehicular access.

ROAD TYPE	MINIMUM PARCEL SIZE
Arterial	20,000 square feet
Collector	10,000 square feet
Local	6,000 square feet

 

Notes:

1.

As identified by the Land Use Element (Part II).

b.

Slope test. Site slope is to be measured as an average for each proposed parcel, as defined in Chapter 23.11 (Definitions - Slope).

AVERAGE SLOPE	MINIMUM PARCEL SIZE
	Outside GSA	Inside GSA
Over 30% 16-30% 0-15%	20,000 Sq. Ft. 8,500 Sq. Ft. 6,000 Sq. Ft.	1 Acre 15,000 Sq. Ft. 6,000 Sq. Ft.

 

Notes:

1.

Geologic Study Area combining designation.

c.

Sewer test: Considers the type of sewage treatment facilities that will serve the proposed parcels.

SEWAGE FACILITY	MINIMUM PARCEL SIZE
Community Sewer	6,000 Sq. Ft.
Septic Tank Leaching Capacity: 0-5 Minutes/Inch 5+ Minutes/Inch	20,000 Sq. Ft. 1 Acre

 

d.

Condominiums: A condominium, planned development or similar residential unit ownership project pursuant to Section 66427 et seq. of the Subdivision Map Act may use smaller parcel sizes to be determined through Development Plan approval by the Review Authority, as set forth in Section 23.02.034, at the same time as tentative map approval, provided that:

(1)

The common ownership external parcel is in compliance with the provisions of this section; and

(2)

The density of residential units is in compliance with Section 23.04.084 where the project is located in the Residential Multi-Family category.

e.

Condominium conversion. The standards in this Subsection apply to the conversion of an existing residential or nonresidential development into a residential condominium, planned development, stock cooperative or similar residential unit ownership. All conversions shall comply with the California Subdivision Map Act and Title 21 of the County Code in addition to the standards of this Subsection.

(1)

Purpose and intent. The purpose of this section is to establish standards for the conversion of rental housing into condominiums that conform to the General Plan and Housing Element, maintain a supply of affordable housing units, retain some rental units, reduce the impact of such conversions on the tenants, facilitate resident ownership of the converted units, ensure that converted housing achieves a high standard of safety and quality, and inform the prospective buyers of the physical conditions of the structure.

(2)

Parcel sizes. As set forth in Subsection 23.04.028d.

(3)

Application contents. The Development Plan application required by Subsection d - Condominiums, shall include all information specified by Chapter 2 of this Title, in addition to the following:

(i)

Impact Report. A report shall be prepared and submitted with the application that describes: the number of households that will be displaced, the numbers of persons residing in all households, the age and income levels for all tenants, the rental rates and vacancy rate of all units for the previous three years, documentation of the community-wide number of rental units with similar rental rates, and the current rental vacancy rate for the urban or village area where the project is located. This information shall be used in the Relocation Plan required in subsection e.(5)(ii).

(ii)

Property Condition Report. A report shall be prepared by a structural or civil engineer and submitted with the application that contains: a detailed description of the physical condition of the roads, paving, buildings, structures, common areas, recreation features, landscape, utilities and infrastructure, an analysis of property and structural compliance with the current building, fire and land use codes, cost estimates for needed repairs and ongoing maintenance costs, and an estimate of the annual amount of homeowners' association fees.

(iii)

Tenant Information Package. An information package shall be prepared and submitted with the application. Once the Tenant Information Package is determined by the Planning Director to be complete, the applicant shall provide verification that this package has been distributed to each tenant. The information package shall include the following notification and documents:

(a)

The name and address of developer and/or property owner.

(b)

A copy of the Impact Report and Property Condition Report that are submitted in compliance with subsections e.(3)(i) and (ii).

(c)

The approximate date that the units shall be vacated if the Development Plan and tentative map are approved.

(d)

The tenant has the right to continue to rent his or her unit for at least 180 days after the date of approval of the Development Plan and tentative map.

(e)

A general description of the relocation assistance to be provided pursuant to subsection e(5).

(f)

The tenant has the right to terminate any long term rental lease or agreement that he or she may have with the manager or property owner.

(g)

The approximate sales price of the tenant's unit.

(h)

The tenant has an exclusive right to purchase his or her respective unit upon the same terms that such unit will initially be offered to the general public, or more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the State Department of Real Estate. If no public report is required then the 90 day period shall begin when the final subdivision map is approved by the County.

(i)

Protection from unjust eviction shall be provided to tenants who comply with their rental or lease agreements and with the written regulations of the rental property.

(j)

Once the applicant has issued a notice of "intent to convert," a tenant's rent shall not be increased more than once annually, and such increase shall not exceed the rate of increase in the Consumer Price Index for the same period. Only rate increase terms covered by existing rental or lease agreements are exempt from this provision.

(4)

Special noticing requirements. The applicant shall provide evidence, to the satisfaction of the Planning Director, that each tenant has received or will receive each of the following notices and documents, in addition to the notice required by Section 23.01.060.

(i)

Notice of intent to convert. A notice of "intent to convert" at least 60 days prior to submittal of the Development Plan and tentative map application, pursuant to Government Code Section 66427.1. After the notice of "intent to convert" has been issued, the applicant shall inform any new and/or prospective tenants that the County has received the request for approval of a condominium conversion, or that the condominium conversion request has been granted. The format of this notice shall comply with Government Code Section 66452.8(b), or superseding code.

(ii)

Submittal notice. A "submittal notice" issued within 10 days of the submittal of an application for a public report to the Department of Real Estate, pursuant to Government Code Section 66427.1. The notice shall indicate that the report will be available on request. No such notice is necessary if a public report is not required.

(iii)

Approval notice. An "approval notice" within 10 days after the County's approval of the final map, pursuant to Government Code Section 66427.1.

(iv)

Option to purchase. An "option to purchase" notice that grants the tenant an exclusive right to purchase his or her respective unit upon the same terms that such unit will initially be offered to the general public, or more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the State Department of Real Estate, pursuant to Government Code Section 66427.1. If no public report is required then the 90 day period shall begin when the final subdivision map is approved by the County.

(v)

Termination of tenancy. A "termination of tenancy" notice that provides each tenant a minimum period of 180 days after County approval of the Development Plan and tentative map to vacate his or her residential unit All relocation assistance to be provided, pursuant to Subsection e(5)(i) and (ii), shall be described. The said notice to be delivered by U.S. mail to each tenant within 10 days of County approval of the Development Plan and tentative map.

(5)

Conditions of approval. Approval of a Development Plan shall include the following conditions of approval at a minimum.

(i)

Affordable Housing: Where the project consists of three (3) or more units, the applicant shall agree to rent or sell 25 percent of the total number of units to low or moderate income households, and a minimum of 50 percent of the affordable units shall be affordable to low income households. The sales prices, rental rates, terms and restrictions for the affordable units shall comply with Section 23.04.094. Existing project residents who are income qualified shall be given priority in acquiring the affordable units, and a lottery shall be used if necessary to determine unit possession. Any existing deed restricted affordable units shall remain in the project, and may be counted towards meeting the project's affordable housing requirements. The affordability period of the existing deed restricted units that are counted to meet the project's affordable housing requirements shall be extended to meet the affordability requirements of this project pursuant to Section 23.04.094. If the project is subject to the affordable housing requirements of other ordinances or agencies then the most restrictive requirements shall apply.

(ii)

Relocation assistance. Applicant shall provide each displaced household with a relocation payment of a dollar amount equal to three months rent in the unit currently occupied by that household. Said relocation payment shall be paid at least 30 days before the household vacates its unit.

(a)

Rent Subsidy. For displaced low income households, when the household moves into a comparable unit where the rent is higher than the rent for the unit that the household occupied in the conversion project then the applicant shall pay the difference for a period of one year from the date of relocation. If the Planning Director determines that no comparable unit is available then the applicant shall extend the household's rental agreement for one (1) year beyond the 180 day termination period, at a rental rate determined by the household's income level and Section 23.04.094.

A comparable unit is one that is decent, safe, sanitary, and in compliance with all local and state housing codes. A comparable unit has facilities that are equivalent to the household's existing dwelling unit with regards to the following features: a) apartment size including number of rooms; b) rent range; c) major kitchen and bathroom facilities; d) special facilities for the handicapped or senior citizen; and e) willingness to accept families with children. A comparable unit is located in an area no less desirable than the household's existing unit with regards to accessibility to the following features: a) the tenant's place(s) of employment; b) community and commercial facilities; c) schools; and d) public transportation. A unit is not comparable if it is located in a building for which a notice of intent to convert has been given.

(b)

Relocation Plan. The Relocation Plan shall describe the affordable housing or relocation benefits that each tenant will received as a result of the conversion. All affordable housing unit sales, transfer of displaced tenants to new housing and execution of one-year lease agreements shall be completed prior to termination of tenancy of each displaced resident.

(iii)

Property improvements. Each residential unit shall have separate utility hook-ups and meters (i.e., water, electricity and gas meter for each unit).

(iv)

Compliance with codes. The property, plus all structures and improvements shall be in substantial conformance with building codes, fire codes, and the standards of the County Public Works. The property, plus all structures and improvements shall be inspected and approved by the Chief Building Official, the fire agency responsible for service, and County Public Works.

(v)

Compliance with land use standards. The condominium conversion shall comply with the development standards for new residential projects pursuant to the Land Use Ordinance and Land Use Element. This shall include the standards for unit density, setbacks, landscape and irrigation, fencing, parking and paving. All project elements shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

(vi)

Warranty. Applicant shall provide a one-year warrantee free of charge to the homeowners' association for all project components which are owned or maintained by the association. The applicant shall guarantee the condition of common area items, including but not limited to roads, paving, drainage systems, landscaping, and recreational facilities. The applicant shall also guarantee the condition of all residential and/or common area structures, roofing, foundations, plumbing, electrical, heating, ventilation, mechanical systems and utilities. All of these items shall be guaranteed to be in sound, usable condition for a period of one year from the date of the sale of the last individual unit sold.

(vii)

Covenants, Conditions, and Restrictions. Covenants, Conditions and Restrictions shall be submitted for review and approval by the County.

(viii)

Property Condition Report. Applicant shall provide each prospective buyer with a copy of the Property Condition Report before the unit is sold.

(6)

Special findings for condominium conversion. A Development Plan for the conversion of an existing residential development into a residential condominium, planned development, stock cooperative or similar residential unit ownership may be approved only after the Review Authority makes the following findings:

(i)

That the total number of residential rental units to be converted to condominium units in any calendar year does not exceed 25 percent of the number of residential rental units that were built in the previous calendar year. The converted residential units are not required to be located in the same community as the newly constructed residential rental units.

(ii)

That the proposed condominium conversion will not create a substantial loss of affordable rental housing stock in the community where the conversion project is located.

[Amended 1992, Ord. 2570, 2584; 1995, Ord. 2715; 2006, Ord. 3112]