Ordinance 2015CITY OF ALAMEDA ORDINANCE NO. 2015
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING ARTICLE 4D
OF CHAPTER 1, TITLE XI THEREOF RELATING TO CONVERSIONS TO
MULTIPLE HOUSES (CONDOMINIUM CONVERSIONS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . Article 4D of Chapter 1, Title XI of the Alameda
Municipal Code is hereby amended to read:
ARTICLE 4D. CONVERSION TO MULTIPLE HOUSES
Section 11 -14D1 General. The conversion of any structure tc
a multiple house shall conform to the provisions of this article.
No converted unit may be occupied until an occupancy permit has
been issued by the Building Official. The Building Official shall
issue an occupancy permit for buildings which have been converted
in accordance with the provisions of this Article and Article 1,
Chapter 3 of Title XI of this Code.
Section 11 -14D2 Permitted Conversions The conversion of
multiple family dwelling units to multiple houses is permitted
.where the conversion meets the requirements of:
(a) The Zoning Ordinance;
(b) All current state and local structural, safety ana
utility codes;
(c) Design Review;
(d) Notice and relocation assistance plans approvea ny the
Planning Board after gearing thereon;
(e) A structural pest report, prepared by a licensed operator;
and.
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(f) The conversion does not significantly reduce rental units
available in the price range below the median price range
of apartments in Alameda or does not significantly reduce
units which provide accommodations to disabled or tran-
sient persons,.
Section 11 -14D3 Other Conversions The conversion of
structures which cannot meet the requirement of Section 11 -14D2 is
permitted upon approval of the Planning Board. The Planning Board
shall find that:
(a) The building was constructed prior to the date of this
article;
(b) The Building official has certified that there are no
violations of codes or statutes applicable to structures
involved. Codes or statutes shall be applicable if they
were in effect at the time of construction or alteration
of structures involved or are, in the opinion of the
Building Official, health and safety provisions applicable
to existing structures;
(c) The applicant has submitted a plan showing all feasible
means for making structures, grounds and utilities conform
to current codes and statutes and agrees, in writing,
supported by a performance bond, to perform same as a
condition of approval. The plan shall include a report
from a registered engineer detailing the present condition
of the building and expected useful life of all common
structural and mechanical components of the conversion or,
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M
(e)
in'lieu thereof, applicants may request, with the approval
of the City Engineer, that said report be prepared by
City personnel. The plan shall also include the structural
pest report of a licensed operator;
Compliance with the above plan to improve the property will
provide sufficient amenities to persons purchasing property
as a home. The Board may consider in maxing said deter-
mination the level of sound attenuation of structures, the
probable life of structures, the availability of off -site
and on -site parking and open space, the availability of
storage and other facilities, laundry space and the
condition of utilities;
The subdivider has submitted a plan for tenant relocation
assistance. the plan shall include a program for paying
moving expenses and deposits as well as assisting tenants
to obtain new housing if they are unable.to purchase a
unit in the project. The plan must give particular
attention to the needs of elderly, handicapped, households
with minor children and households of low and moderate
income. The plan may include but is not limited to
assistance such as extended or life -time leases, purchase
assistance such as tenant discounts and special loan programs.
Assistance to tenants of low and moderate income may include
special purchase assistance, extended leases at affordable
rents, subsidized rents in other buildings and assistance
in qualifying for government housing programs such as
Section 8. The Board shall not accept the tenant relocation
assistance program unless the subdivider has demonstrated to
the satisfaction of the Planning Board that all tenants can
obtain affordable housing either through purchase of a
unit, through available rentals in the vicinity or through
an extended lease program.
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(f) The conversion has been reviewed and reported upon by Design
Review;
(g) Notice and relocation assistance can be satisfied by the
applicants;
(h) Prior to approval of the final map, the subdivider shall
submit lease forms and a final tenant assistance plan
including all conditions attached to the conversion and
tentative map approval. A.copy of this plan shall be
given to each tenant household before the final map is
approved.
(i) Energy - The subdivider shall submit a plan describing
proposed energy saving improvements which will be installed
but not limited to insulation of exterior walls, ceilings,
floors, ducts and water heaters, installation of energy
saving appliances, use of pool covers and solar heating
for pools.
Section 11 -14D4 Applications Applications for conversion .
shall contain the following information to the satisfaction of the
Planning Board:
(a) A verification that the conversion satisfies the require-
ments of Section 11 -14D2 or is capable of satisfying the
requirements of Section 11 -14D3;
(b) Documents factually supporting said verification not
already on file with the City and a list of documents on
file with the City which support said verification;
(c) A rental structure of units over the last three (3) years
including the vacancy factor;
(d) Where not previously approved, drawings necessary for
Design Review;
(e) Names and addresses of current tenants, length of tenancy,
number and ages of occupants, size of unit, income of
tenants by category (below 80%, between 80% - 120 %, and
above 120% of median income in the San Francisco Standard
Metropolitan Statistical Area) and whether handicapped or
not on a form acceptable to the Planning Board.
(f) A copy of the proposed CC &R's, proposed Homeowners'
Association fees, proposed sales price range of units,
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and comparative analysis of rental costs for prior years
to costs of purchase and fees.
(g) Any other information requested by the Planning Director
which is needed to determine whether the project is con-
sistent with the requirements of this article.
(h) Where current parking requirements are not met, the
number of cars owned by all tenants.
Section 11 -14D5 rrocedure
(a) Prior to submitting an application for a condominium
conversion the subdivider shall notify all tenants of his
intent to convert to a condominium and provide each tenant
with a copy of the proposed tenant relocation assistance
plan described in Section 11- 14D3(e). No tenant rent will
be increased from the date of this notice until six months
following the approval of the final map, or the tenant
purchases a unit or relocates to other accommodations,
which ever occurs first.
(b) Applicant shall also file sufficient copies of all information
and diagrams reviewed by the Planning Board or Design Review
and sufficient copies of all information and diagrams reviewed
by other departments;
(c) The applicable departments shall review the application to
determine conformity herewith and report their findings
to the Planning Director;
(d) Conversions shall be approved or disapproved by the Planning
Board within a reasonable period of time after all departments
report to the Planning Director and the Building.O£ficial
has filed his certification therewith pursuant to Section
11- 14D3(b).
(e) Hearing held pursuant to Subsection (d) shall be noticed in
the manner prescribed by Section 11 -165 and all tenants
shall be given notice by mail thirty (30) days prior thereto.
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Section 11- 14D6 Relocation Persons converting buildings
pursuant to this article shall:
(a) After receipt of the Preliminary Subdivision Public
Report give notice of intention to convert in writing
120 days in advance to tenants before they are required
to relocate.
(b) Offer all tenants not in arrears of rental or leasehold
payments,.a nontransferable right of first refusal of
purchase of his unit for 60 days duration after receipt
of a Public Report from the Real Estate Commission.
(c) Notify all tenants occupying units subsequent to the
notices given pursuant to Section 11- 14D5(e) of the
intent to convert, or the approval hereunder to convert,
nefore the tenant consents to a lease or rental agreement.
(d) The subdivider shall provide tenants not wishing to purchase
with information on available apartments of comparable
size, price and location within the City of Alameda.
Section 11 -14D7 Critical Ratio In order to protect the
availability of rental housing for occupancy, no conversion of
rental housing to multiple houses shall be permitted when the ratio
of owner- occupied units exceeds 60% of the total number of dwelling
units available.
Section 11 -14DB Expiration All approvals hereunder shall
expire and become void if a final subdivision map is not filed therefor
within two (2) years after said approval.
Section 11 -14D9 Fees A fee of $500 for engineering and $100
for planning plus costs by the hour shall be paid by every applicant
for a conversion. A deposit for said costs shall be required and set
by the Planning Director and City Engineer at not less than $100 a
dwelling unit. If the hourly rate exhausts said deposit, another
deposit shall be made.
Section - 11- 14D10 Costs Applicants shall pay all costs of
inspections and engineering reports done by the Public Works
Department. There shall be a minimum charge of THREE IiUNDRED DOLLARS
:($300.00) for in lieu reports made pursuant to Section 11- 14D3(c).
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Section 11- 14D11 Final Information Each quarter following
approval of the final map for a period of two years, the subdivider
shall provide the following information to the Planning Department:
(a) Name, address, phone number and current fees for the
Homeowners' Association.
(b) Status report on all units including sales price,
financing available, number of units occupied by previous
tenants, either as renters or buyers,, number of units
which are owner occupied, number of units which were purchase(
with intent to be used as rentals, number of occupants
previously residing in Alameda, number of buyers who were
formerly renters, new addresses of tenants who do not
remain in the project.
Section 2 . This ordinance shall be in full force and effect from
and after the expiration of thirty (30) days from the date of its
final passage.
t - . - U - GORICA
Presiding Officer of the Council
Attest:
. &JJ4,1 s e 4 j g
City Clerk
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I, the undersigned, hereby certify that the foregoing
Ordinance was duly and regularly adopted and passed by the
Council the City of Alameda in regular meeting assembled on
the 1st day of July, 1980, by the following vote, to wit:
AYES: Councilmen Sherratt, Tillman and Stone - 3.
NOES: Diament and President Corica - 2.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 2nd day of July,
1980.
�
ice` ty Clerk o . thel the City - A ame a
or
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ror r
ar o^ r u dnor Lean; ny[ha . 1 rng r are. a
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Yj,g a rc e aal l de voced LO Cau�avle -la acc 'aca Yc 4uir ad by Sections
13811), al3 - 1312 ( iJ.tll - 1330()) .o11n13zOt3)a"^d 11- 131<1)J of [h as
Ch,i:taiv
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frory • single dv,3ling unit. i.! ea1G balccny has
ar y
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ac c is
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a
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ll /2J [h. Sronct9a f t1„ ➢u 11.1,9 anL [ a aed by
parin.e tat fenta of �+ll (3J lent In blight.
not to -..ad Inca.
Porch, 'acl" c ocho[ .utdcoz 1lv inn at.-, unhic h•>
le) lrr � e Lvllll nn it, a`C vach has
mchotizontal diccnaio-nof Stan (15J S a-
a
n of u n c lane t1,an th tea huncred ('OCJ coenona t<et. Pac
R.
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scoot mr .<ra.t •na
(d) pool deck •c x116(. only Iran • '.93 C +a ll inq unit,
abava St, it ala i. f da tk ha� .. t min a.um horitoncal din,an.i.n
t e n (30) tent and a not leas Wan o ^a hontred ^tY
(1307 >quara tact. :ny i.ch r f Cec ���lydn a /2 /
1 3J .t it.
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£nclo d • fed arclusiva ly for r•craat'_.n and available
le) a v to c2 a a L.:.11.9 .r 1"'111-9
for the u _ xhc San rah pub li
gronba .a ea to]U ln9 cilin`tad pen ^ aed ova -c i d ll/3) t.
olYth. total area requ ir,d open .Pace.
(fI to v.abl.
£ncloaad a mi atrv<cur Mich _. accea.o ry
span apeca a.ihnrain daf innd.
eh=l�inc ude t le, a hundred cvencc
l9) Requiryd epen s Tesef open ape c, for 9iound , —i uni
(1201
60 ) at apt ca[ til T open
c of P- .p. [a fo unu[s
I " our (4 J o above cha Sr>Da ad]acent.[o the u It
and double thee. .moan[. fos mulcipl. houaai.
It not
pcn
(h) Raqu irad o should pal .pace in.lud. c n o spec.
leas thae
(1) R -1a 150 aquas f<.c3
120 a .r. f.ata
90 aquas feet, .
6o :guar. ,sett cad
(5) R -61 1n savare faa if but
(6) n"tipl. houa•a •re ax ,c fzoa this requSxea. ni.
(S) 0uc•ch•d ain91a fanny du<llinq+ are saer.Pt from tha raquira-
o[ sh ie a csimn. cffecci.a Rpr11 1Y. 19 "')
(n• +decd Ordinence�NO. 1757 U.S.,
� 1J _1 < a 11 INLT'pIS nW5G5
(a) Ucilixies. necb dv linq unit o! • v�lxlpla house +n•11 h•va
eeP`re x< —lie a ra ac l.+d in9 .n is ..icn !nd i`idu al
+hut -oC! valy e� Sor 11 ucil_ tie•. ihe cnd hus -of La
an+ll ba ao locace0 shat •acR can b< raacDad ancry
into xha Snalvida+l unit.
(b) v ery Onft. t+ch du <11 in` unit in m+ixip]< l+ovaa aha i3
and c lun for she r t �osrolnih<doccupan
D ion of •qufpnan Cor sha pz ivee< u
o[ sh+c unit.
(c) At 1e +ai o e hundzad (100) cubic Sect / x ach unit and as
aadicim nal !!ey (sn) cubic fret toi `n ^1 DLe v <d
aehcrproof, Ic c'rabls s r ^9 •` ^ =• •Toll ba in •dd scion
h du <llinq unit. such ned viNin ica ni, c'b in <ca,
aeC xhat ordinscily copses t a De locesad
pvnx ri ea, end loxhca cla>ats. Such a or+9` ^�Y
sn or < axed Cron duelling unit.
Yo o cups ncy Pa rrlt !o: • rs+ltiPle h.... -Y iarua cn
Id) lzsa she
ocinsian of corporation hoe filed wIth sha City Ru i]t lnq
sAdrua end xelc phone urb<r of tha pai-
O[fic ch� n +m o ba con c d raq•rd'_n9 anYcou i]din9 haa1N
n ch 5• cod• viol•cieca t + 12 h•s Paza on cr0 da P_y chanq<a�
the change shall ba -Pi—d -itD in t<n (r ) Y••
t<) nanaity. sab,atlen re..r,.<a.
(Aa aEdcG by Ord Snanca tlo 1757 U.S., affactiva April 'a 1975.)
{ll 76G5 5 1]' CF iLL")U] ^S Y._ II!UM 4i- 5'f' P KT!'G sPaC[
esfAeni 4al
(a )P Ona-Sacily duallinq .ro (2) a? ea Par Gv<111nq unit.
(b) ]va- family a..<111nSa 0.. and -pats•
tPcfa <e.alm; --it, o .na
i e per
e
w due3lrnq unless
nd (2] eF:c • Per shre
a d�c•l in9 unit• .
a ndcd Dy i-anca tlo. 1778 U.S.
Icl t�.+]cSPly f•n31Y d'ia llingi same as (D).
(d) R000inq houaaa one a o 1 < one
•pa c < oz z�•id•nt il•cilyp e
(a7 Yat cl• and motcL 0r ` p`r g t o�taacDmSms uses
p ar c<
acp Jay tea.
7 1tutlon • esr c plu• ens
(t7 apac• tch fYUr ec Ploy'ea, So- ,
cludin9 docxor• he th ar idanC
or poi.
12/39/]5 ,L1_