Resolution 1978-40
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RESOLUTION NO. 78-40
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
A RESIDENTIAL CONDOMINIUM CONVERSION POLICY
WHEREAS, after study, the Planning Commission and staff has
prepared and recommended adoption of a Residential Condominium
Conversion Policy for the City of Gilroy, and good cause appearing
therefor,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Gilroy approves the attached policy and adopts the same for the
regulation of residential condominium conversion in the City of
Gilroy.
PASSED AND ADOPTED this 19th day of June, 1978. by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: CHILDERS, LINK, PATE and GOODRICH
COUNCILMEMBERS : CUNNINGHAM and HUGHAN
COUNCILMEMBERS: STOUT
~VED:.. ""
~/~~~
Mayor
RESOLUTION NO. 78-40
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Approved by City Council 6-19-78
RESIDENTIAL CONDOMINIUM CONVERSION POLICY
All proposals for conversion of existing apartments to resi-
dential condominium projects shall be reviewed for conformance
with this policy. Each condominium conversion application shall
include: 1) a Tentative Map and application, 2) a copy of all
materials requested in this policy~ and 3) any other applications
that may be required for the proposed condominium conversion.
1. Conversion of any existing structure or structures to a con-
dominium or a community apartment project shall conform to
and be in accordance with all requirements of the Housing
Code~ Fire Code~ Zoning Ordinance~ General Plan and the Hous-
ing Element of the General Plan at the time of conversion.
In making such determination~ the Planning Commission and City
Council should consider such factors as public health~ safety
and welfare as they apply to each particular case.
2. Each condominium conversion shall meet all current parking
requirements for new developments.
3. Each condominium conversion shall provide the following docu-
ments to individual unit purchasers and to the City:
a. A copy of the conditions~ covenants and restrictions for
the condominium project.
b. A list of all services and facilities to be furnished
to individual owners and a statement of all fees and
other conditions applicable to the use of such services
and facilities.
c. A report on the physical condition of the structures and
mechanical equipment~ plus the estimated annual operating
and maintenance costs for all common facilities and ser-
vices for the next three years as prepared or reviewed
by a professional management firm familiar with oper-
ating and maintenance costs of similar property in the
area.
d. A statement clarifying for the residents~ their rights
and obligations in regards to all common open spaces and
facilities. No contract for management~ operation~ or
maintenance of common areas may extend more than thirty
(30) days beyond the time at which majority control of the
homeowners association passes to individual unit owners
unless approved by the homeowners association after major-
ity control has passed to individual unit owners.
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e. A statement granting to each purchaser a one-year warranty
on all appliances within the individual unit and granting
to the homeowners association and to all purchasers of in-
dividual units a one-year warranty on all structures in
the project and on all electrical~ heating~ air-condition-
ing~ plumbing~ ventilation equipment~ and roofing.
4. Condominium conversions shall be evaluated in the same manner
and extent as new condominium projects~ with updating and
modernizing to the fullest extent feasible as determined by
the Planning Commission and the City Council.
5. All common areas shall be required to be refurbished to a con-
dition acceptable to the Planning Commission.
6. All conversions to condominiums shall meet the following re-
quirements:
a.
A one-hour fire wall between all units.
b.
Utility meters (gas and electric) to serve individual
uni ts .
c.
A water meter and valve for each unit.
d.
Mechanical equipment shall be shock mounted such as air
conditioning units and dome"stic appliances, including
other techniques to minimize noise and vibration.
e.
The developer shall provide for the necessary repair of
roo~s and exterio~ finishes of the buildings to insure
adequate protection for a minimum period of five years
from the date of conversion.
As a, condition of subdivision a homeowners association
shall be established assuming responsibility for main-
tenance of all common areas and landscaping.
Each condominium conversion project shall also meet all
requireII\ents of applicable State regulations.
7. All tenants occupying a complex to be converted shall be noti-
fied of the intent to convert to condominiums and receive the
eviction notice at least six months prior to the date of evic-
tion.
f,
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8. After tentative subdivision map approval by the Planning Com-
mission/ no apartment shall be leased to any person unless a
written notice shall have been delivered to the prospective
lessee informing prospective tenant of the contemplated con-
version.
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9. Provided a tenant is not then in default under their rental
arrangement~ each tenant in a building to be converted shall
be given the right~ for a period of ninety (90) days after
City approval of the final subdivision map for the conversion~
to purchase his unit on terms equal to or more favorable than
the terms on which such unit is to be offered to the general
public.
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I, SUSANNE E. STEIN~reTZ, City Clerk of the City of Gilroy,
do hereby certify that the attached Resolution No. 78-40 is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 19th
day of June , 19~, at which meeting a quorum was
present.
IN WITNESS t-JHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 23rd day of
June , 19 BL.