Chapter 16.324 — COMMUNITY HOUSING CONVERSIONS

The intent of this chapter is to regulate the conversion of existing rental housing into community housing projects, condominiums, community apartments or stock cooperatives in order to:

• A. Maintain an adequate supply of rental housing units in the City and to reduce the impacts of conversions on residents in rental housing who may be displaced by providing procedures for notification of tenants.

• B. To promote the safety of conversion projects by requiring the correction of building code violations and the upgrading of existing rental housing units to current building and zoning code standards at time of conversions.

C. To provide for the protection of potential purchasers of converted units. (08-05)

The conversion of existing rental housing to a community housing project shall require a conditional use permit approved pursuant to Chapter 16.303 , and a final subdivision map approved pursuant to Title 17 of this Code (the City's Subdivision Ordinance).

A tentative map application shall be submitted concurrently with the conditional use permit application. The subdivider shall waive the time limit for review of the tentative map to permit concurrent review of the tentative map and conditional use permit. (08-05)

• A. An application for the conversion of existing rental housing to a community housing project shall not be granted unless the conversion is consistent with the spirit and intent of the adopted Housing Element of the Claremont General Plan. The Planning Commission may deny a conversion if the City vacancy rate for rental apartment units is below three percent. The vacancy rate shall be determined at least twice a year by the Department of Community Development.

• B. The Planning Commission may allow conversion where special circumstances exist under which the quality of living may be substantially improved in such areas by those conditions specified under the conditional use permit. In making its decision, the Planning Commission shall consider, but not be limited to, the following criteria: compatibility of the proposed conversion with existing or proposed developments in the general neighborhood, the safety, quality and compatibility of the design of buildings, parking areas, landscaping, and other site features which may include functional aspects of the site development, such as automobile and pedestrian circulation.

• C. The Planning Commission may reduce or increase the amount of parking otherwise required herein upon a finding that such a reduction or increase is necessary, reasonable, and would not defeat the purposes of this requirement. If no enclosed parking is provided, lockable storage spaces shall be required.

• (08-05)

• A. Prior to conversion of an apartment or townhouse project to a community housing project, such project shall be in compliance with the latest adopted Uniform Housing Code, and any equipment or facilities determined by the Building Official to be deteriorated must be corrected.

  • Further, all community housing projects must have wall and floor-ceiling assemblies which conform to the sound insulation performance criteria promulgated in Title 24, State Building Code, Chapter 2-35, or its successor.

• B. All proposals for community housing conversions shall be in compliance with the current development standards of the district in which the project is located.

(08-05; 14-04)

When the conversion of rental housing to a community housing project is proposed, all tenants shall be notified, individually, in writing, of the intention to convert, and of the hearing, at least ten days prior to public hearings. This requirement is in addition to the notice requirements of the Subdivision Map Act. (08-05)

All common open space and shared facilities shall remain in common ownership of all property owners in the development. Common ownership and maintenance for such areas and facilities shall be provided for by deed restrictions, recorded covenants, and other documents establishing homeowners' associations and proposed method of maintenance. Drafts of all such documents shall be submitted with the conditional use permit application and shall be reviewed by the Planning Commission.

Prior to approval of a final map, all deed restrictions, covenants, and other legal agreements and documents shall be approved by the City Attorney as to legal form and effect, and by the Director as being essentially the same as and as being workable and suitable within the intent of the Planning Commission review approval of the rough drafts of such documents.

The City shall enter into an agreement with the declarant of the conditions, covenants, and restrictions that provides for the enforcement of the provisions of the conditions, covenants, and restrictions by the City. The existence of the enforcement agreement shall be referred to in a separate provision in the recorded conditions, covenants, and restrictions. (08-05)

In the event of any noncompliance with any requirements of this chapter, the Subdivision Map Act, conditions made a part of the conditional use permit, or tentative or final subdivision map, approval for the conditional use permit for conversion may be revoked, the final map may be denied, or certificates of occupancy may be withheld. (08-05)

• A. An applicant requesting approval for the conversion of existing rental housing to a community housing project may submit an application concurrently for a density bonus or additional incentive(s) of equivalent financial value, when the applicant agrees to provide at least 33 percent of the total units of a proposed community housing project to persons and families of low or moderate income as defined in Health and Safety Code 50093, or 15 percent of the total units of the proposed community housing project to lower income households as defined in Health and Safety Code 50079.5. For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments within the existing structure or structures proposed for conversion. For purposes of this section, "other incentives of equivalent financial value" means the reduction or waiver of site development standards or zoning code requirements that would otherwise apply to the conversion of rental housing to a community housing project.

• B. The application for a density bonus or other incentives of equivalent financial value requested pursuant to this section, shall be filed and reviewed pursuant to the application process for a density bonus or additional incentives set forth in Section 16.033.100 of Chapter 16.033 .

• C. An applicant shall be ineligible for a density bonus or other incentives under this section if the conversion of rental housing to a community housing project constitutes a qualified housing development project eligible for a density bonus or additional incentive(s) under Chapter 16.033 .

(13-04)