The purpose of this chapter is to protect the public health, safety and welfare by establishing criteria for the conversion of existing multiple-family rental housing to condominiums, community apartments and stock cooperatives (because the City Council finds condominiums and community and stock cooperative apartments to be different from traditional apartments and similar structures and therefor intends to treat such conversion projects differently), to reduce the impact of such conversions on residents in rental housing who may be displaced by providing procedures for notification and adequate time for such relocation and to insure that the converted housing is consistent with the goals of the city’s General Plan by attempting to provide throughout the city an opportunity for a wide range of housing opportunities of all types, for all levels of income and in a variety of locations, and by attempting to maintain a supply of rental housing for low and moderate income persons and families.
(`78 Code, § 17.83.010.) (Ord. 1589 § 1 (part), 1981.)
Conversion to community apartments and stock cooperatives shall be subject to the same restrictions, conditions and requirements as condominiums. All reference to "condominium" in this chapter shall be deemed to refer to a condominium, community apartment or stock cooperatives, except where specifically noted otherwise.
(`78 Code, § 17.83.020.) (Ord. 1589 § 1 (part), 1981.)
For the purpose of this chapter, the following definitions shall apply.
(A) "Common area" means an entire condominium project excepting all units therein.
(B) "Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.
(C) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a building on such real property, such as an apartment or apartments. A condominium may also include a separate interest in other portions of such real property. A condominium is more particularly defined in Cal. Civil Code § 783, and this definition is intended to be consistent therewith.
(D) "Condominium conversion project" means the conversion or subdivision of a single ownership parcel of existing improved real property, including but not limited to a structure containing two or more dwelling units, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units, including but not limited to condominiums, community apartments, stock cooperatives or planned unit developments.
(E) "Covenants, conditions and restrictions (CC&R's)” means a declaration relating to the maintenance, operation, duties and responsibilities of the common owners of the project and which may include but is not limited to those restrictions provided for in Cal. Civil Code § 1255.
(F) "Project" means a condominium conversion project.
(G) "Stock cooperative" means a corporation formed for the purpose of holding title to improved real property with shareholders receiving the right of exclusive occupancy in a portion of the real property and which is more particularly defined in Cal. Business and Professions Code § 11003.2.
(H) "Unit" means prior to conversion, a unit is any one rental unit in the project. After conversion, a unit is the element of a condominium conversion project which is not owned in common with the other owners of the project or is an apartment in a community apartment project or stock cooperative to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy.
(`78 Code, § 17.83.030.) (Ord. 1589 § 1 (part), 1981.)
No application for a condominium conversion project may be filed unless and until each of the following requirements are met:
(A) The requirements of the State Subdivision Map Act and Title 16 of this code have been met;
(B) A conditional use permit is being applied for pursuant to the provisions of this code;
(C) The vacancy rate for apartments in the city is greater than 5%; and
(D) The multiple-family rental housing proposed to be converted has had a city occupancy permit as rental property for at least two years prior to the date the application was submitted.
(`78 Code, § 17.83.040.) (Ord. 1589 § 1 (part), 1981.)
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