A. Applicability and effect:
Any proposal to convert existing occupied rental housing projects into a residential condominium project as defined in Sections 783 and 1351 of the California Civil Code, Community Apartment Project as defined in Section 11004 of the California Business and Professions Code, or Stock Cooperative, as defined in Section 11003.2 of the California Business and Professions Code (collectively referred to as "residential conversion"), shall comply with the provisions and standards of the following subsections.
B. Current building and zoning code requirements to be met:
No proposed residential conversion shall be approved unless the Development Services Department reports to the Planning Commission and/or the City Council that, based upon examination of the original site and building plans, the project meets all current Zoning and Building Code requirements and the Council and/or Planning Commission finds such report to be true.
C. Vacancy rate limitation:
No proposed residential conversions, as previously defined, shall be approved when the last vacancy rate, as established by the annual Federal Department of Housing and Urban Development apartment survey -- or a similar survey approved by the Director of Development Services -- for apartments being offered for lease or rent within the City of Fullerton, is equal to or less than three percent. However, a proposed residential conversion involving a project where there is an agreement with the Fullerton Redevelopment Agency or the City of Fullerton to provide affordable housing may be approved even if the vacancy rate is below three percent.
D. Tenant relocation:
1. Prior to filing a tentative map or tentative parcel map for a residential conversion, the sub-divider shall prepare a report describing steps they intend to take in order to ensure the successful relocation of each tenant in the event that conversion takes place. The report, to be submitted to the City and to be given to all tenants along with a notice of the proposed conversion, shall specifically state what assistance will be provided to tenants such as the elderly, the handicapped, or families with children who may encounter difficulty finding new quarters.
2. In order to reduce the number of tenants being displaced, the residential sub-divider shall consider incentives and inducements that would permit tenants to become owners in the converted project. The sub-divider shall also consider allowing hard to relocate tenants to remain as tenants, or giving such tenants additional time for permanent relocation.
3. The report shall also include a list of apartment vacancies within Fullerton or within a five-mile range of the project, at least equal in number to the units that would be converted, which are in the same rental range.
4. The residential sub-divider shall certify that all tenants have been delivered a copy of said report within the last 30 days preceding filing of the tentative map for said conversion.
(Ord. 2982, 2001: Ord. 3026, 2003).