Loading...
(A) If the Council finds that the conversion will have an adverse effect on the diversity of housing types available in the city or that the displacement of tenants would be detrimental to the health, safety, or general welfare of the community, the Council shall deny the application. Upon making such finding, the application shall be approved only if the Council finds that the benefits of home ownership opportunity offered by the conversion outweigh the adverse effects set forth in this article.
(B) Notwithstanding any other provision of this section, the City Council may deny a use permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection.
(Ord. 1070-C-S, passed 6-13-06)
The City Council shall not approve a conditional use permit and tentative map for a conversion unless it finds that:
(A) The proposed conversion is consistent with the general plan, particularly with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.
(B) The average rental vacancy rate in comparable multiple-family units (as defined by complex and unit size, age, and amenities) within the city during the 12 months preceding the filing of the application is greater than 4.5%; provided, that a conditional use permit may be approved where the vacancy rate for comparable units is equal to or less than 4.5% if the applicant has proposed additional measures which the City Council finds would effectively mitigate the displacement of tenants and any adverse effects upon the housing stock within the city which would be caused by the proposed conversion.
(C) The applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing.
(D) The CC&R's for the condominium project, shall require the applicant to establish an owner occupancy program that ensures a stable community of residents, is consistent with residential lending requirements, and discourages excessive real estate speculation. At a minimum, such program shall include the following requirements unless otherwise approved by the Community Development Director:
(1) Owner occupancy of at least 70% of the units;
(2) Minimum lease durations; and
(3) Registration of tenants and vehicles with the Homeowner's Association.
(E) All the provisions of the Subdivision Map Act, this article, and other applicable provisions of this code are met.
(F) (1) Prior to the approval of the final map, the applicant has entered into an agreement, subject to the City Attorney's approval, with the Homeowners' Association, whereby 2.5% of the amount of each unit purchase price shall, at close of escrow, be deposited into a Homeowners' Association Capitol Reserve Account. The amount of the fee, if conditions warrant, may be increased above the established fee by the City Council. This fund shall be used for repair of items in the common area and structures, or other capitol repair or replacement items which the Association deems necessary. This fund shall be over and above any funding reserve requirements required by the State Department of Real Estate. The fund shall be held separately from funds required by the State Department of Real Estate.
(2) The intent of the city in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic and environmental maintenance of the community as well as to protect the general welfare, public health and safety of the community.
(G) Pursuant to the Cal. Gov't Code, Subdivision Map Act Chapter 2, Article 1, the Council shall not approve a final map for a subdivision to be created from the conversion of a residential real property into a condominium project unless the Council finds that all of the Tenant Notification provisions of the California Map Act and Article 31 have been met.
(Ord. 1070-C-S, passed 6-13-06)
In addition to the tenant protection provisions set forth in the State of California Subdivision Map Act, the applicant shall comply with the following provisions, as conditions of any conditional use permit for a condominium conversion project approved pursuant to these sections:
(A) Sales and lease termination. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days' notice.
(B) Relocation assistance. The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the city. The relocation plan shall provide, at a minimum, for the following:
(1) Assistance to each eligible tenant in locating decent, safe, and sanitary comparable housing, including but not limited to, providing availability reports. Apartment size, rent range, major kitchen and bathroom facilities, special facilities for the handicapped, infirmed or senior citizens and willingness to accept families with children will be considered in the determination of "comparable" as will accessibility to the tenant's place of employment; community and commercial facilities, schools; and public transportation.
(2) Payment of a relocation fee, equal to the amount of three month's rent, to each tenant who does not choose to purchase. A tenant is not entitled to a relocation fee pursuant to this section if the tenant has been evicted for just cause.
(3) The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, a timetable or schedule for relocation as approved in its application for approval of conversion.
(4) Any tenant who chooses not to purchase and who is handicapped, or who has minor children in school, or is age 60 or older living in any unit prior to the time a completed tentative map application as determined by the Community Development Department shall be given an additional six months in which to find suitable replacement housing according to the timetable or schedule for relocation as approved in the conversion application.
(5) Other assistance deemed necessary by the City Council to mitigate the negative impacts caused by relocation.
(C) Anti-discrimination. The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium.
(D) Pre-conversion protection. From the date of application for a use permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant's rent shall be increased more frequently than once every six months, nor in an amount greater than the annual increase in utility costs, insurance costs, and property tax, plus increased operating costs not to exceed the Consumer Price Index applicable for the Bay Area per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the conditional use permit for the conversion.
(E) Appliance warranties. The applicant shall at the close of escrow provide free of charge to the first individual purchaser of each unit a one-year warranty for repair and replacement on each built-in appliance contained in the unit, whether new or used.
(Ord. 1070-C-S, passed 6-13-06)
The use permit application for conversion shall be heard at a public hearing by the Planning Commission, which shall make its recommendations and issue its findings to the Council. The Design Review Board shall also consider the aesthetics of the proposed physical improvements to the site and buildings, and make its recommendations and issue its findings to the City Council. The Community Development Department shall use the envelopes provided by the developer to send notices of such hearing to the tenants of the proposed conversion at least ten days prior to such hearing. Such notices shall notify tenants that they have a right to appear and be heard at the hearing. The failure of any person to receive the notice shall not affect the validity of the proceedings. The developer and each tenant shall be served at least three days prior to the hearing with a copy of the staff report or recommendation prepared by the staff. The city shall use the envelopes provided by the developer for such purpose.
(Ord. 1070-C-S, passed 6-13-06)
ARTICLE 32: DEVELOPMENT AGREEMENTS
Loading...