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Condominium conversion applications shall include the following information, and shall be submitted on a form prescribed by the City:

A. All documentation and information required for a tentative subdivision map, as described in SMC Title 16 (Subdivisions) and on forms available from the Planning Department.

B. Full architectural plans, including floor plans that specifically identify the square footage and number of rooms in each unit, building elevations, and a site plan specifically identifying the following:

1. All common areas;

2. The boundaries of each unit;

3. The location of the covered storage area (as defined in SMC 17.240.080(E)(3)) for each dwelling unit;

4. Location of all driveways and parking areas, including the number and location of spaces to be designated for each unit;

5. Location of all pedestrian ways;

6. Location of all open storage and refuse areas;

7. Location of all walls and fences.

C. Specific information regarding the demographic characteristics of the project, its current tenants, and expected future occupants, including, but not limited to, the following:

1. Rental rate history for each type of unit for the previous two years, and any utilities included in rent;

2. Monthly vacancy rate for each month during the preceding two years;

3. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving Federal or State rent subsidies;

4. Names and addresses of all tenants;

5. Expiration date of any current lease agreements;

6. Proposed sale price of units;

7. Proposed homeowners’ association fee; and

8. Financing available.

D. Declaration of Inclusionary Unit(s). The applicant shall identify which unit(s) will be regulated for affordability in compliance with Chapter 17.250 SMC. This declaration shall include a preliminary determination as to whether the current tenant(s) of the identified unit(s) meet the income limits for such a regulated unit.

1. If the current tenant does not qualify, the developer shall provide written notification to the tenant that he/she must vacate the unit within one year from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2. Upon vacation of the unit, the developer shall ensure that any future tenant meets the income limits for such a regulated unit.

a. The developer must provide the Planning Department with written verification that each affected tenant has received the required notification at least 10 days before a public report will be submitted to the Department of Real Estate.

2. The developer shall offer the current tenant the right of first refusal for the purchase of any unregulated unit which becomes available during the one-year time frame. Such an offer shall include the same terms and conditions identified in SMC 17.240.090(B)(1)(e).

E. Physical Elements Report. This is a report prepared by a registered engineer or architect, a licensed qualified general contractor, or a licensed building inspection service describing the physical elements of all structures and facilities. The report shall include, but not be limited to, the following:

1. A report detailing the condition of all elements of the property including paving, walkways, and site drainage, foundations, electrical systems, plumbing, heating and air conditioning units, utilities, walls, roof structure and coverings, ceilings, windows, guardrails and steps, fire safety provisions (including fire walls), recreational facilities, exterior and interior insulation (sound and thermal), ventilation weather stripping, interior and exterior lighting, mechanical equipment, parking facilities, landscaping, and any appliances to be left in the units.

For each element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built or installed, the condition of each element, when said element was replaced (if ever), the approximate date upon which said element may require replacement, the cost of replacing said element, and any variation of the physical condition of said element from the current zoning requirements, including but not limited to parking, setbacks, density, and lot coverage, and from the Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any noncompliant, defective, or unsafe elements and shall set forth recommended corrective measures to be employed.

2. A report from a licensed structural pest control operator on each building and on each unit within a building.

3. A report from a qualified professional indicating that the condominium units comply with the State noise insulation standards (Administrative Code Section 1092), or outlining the steps that must be taken to ensure compliance.

4. A statement of repairs and improvements to be made by the subdivider which are necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

F. Declaration of Covenants, Conditions, and Restrictions. All condominium projects shall provide an ownership association responsible for the care and maintenance of all common areas and common improvements and any other interest common to the condominium owners. The definition of said ownership association shall be included in a declaration of covenants, conditions, and restrictions which shall be submitted to the City for review, and which shall include, but not be limited to, information regarding the following:

1. Conveyance of units;

2. Assignment of parking;

3. Maintenance schedule and agreement for all common areas, including facilities and landscaped areas, together with an estimate of any initial assessment fees anticipated for such maintenance;

4. Description of a provision for maintenance of all vehicular access areas within the project;

5. An indication of appropriate responsibilities for maintenance of all utility lines and services for each unit;

6. A plan for equitable sharing of communal water metering;

7. A provision that the individual owner cannot avoid liability for his/her prorated share of the expenses for the common area by renouncing rights in the common area; and

8. A provision for the City to make any repairs or engage in any maintenance necessary to abate any nuisances, public health or safety hazards, and assess the owners of the condominium units for such repair or maintenance.

G. Written verification from each tenant of receipt of required notices defined in SMC 17.240.090(B).

H. Any other information which, in the opinion of the Planning Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter. (Ord. 1111, 2018)