(a) No application for consideration of a tentative or preliminary parcel map for a subdivision to be created from a conversion may be filed with the city unless there is a vacancy surplus as of the most recent determination pursuant to this chapter.
(1) When there is a vacancy surplus as of the most recent determination pursuant to this chapter, an application for consideration of a tentative or preliminary parcel map for a subdivision to be created from a conversion may be filed with the director of planning and community environment if the number of lots, units or rights of exclusive occupancy in such proposed conversion does not exceed the vacancy surplus by more than forty percent.
(b) An application for consideration of a tentative or preliminary parcel map for a conversion may be filed, regardless of whether a vacancy surplus exists, if both of the following conditions are met:
(1) One below-market-rate rental unit must be provided for every two non-below-market-rate units to be converted.
(A) The below-market-rate unit(s) must be of comparable size and condition (prior to any rehabilitation done for purposes of conversion) to the non-below-market-rate units to be converted;
(B) For the purposes of this section, a below-market-rate rental unit is a unit provided within the city for permanent low and moderate income rental housing in accordance with either the city's below-market-rate program, the city's rental housing acquisition program, or such similar program expressly approved by the city council as being in accord with the city's comprehensive plan's goals and objectives for low and moderate rental income, and which the city, or its designee, is willing and able to accept. The provision of low and moderate income housing in accordance with this subsection shall satisfy the city's below-market-rate requirement for subdivisions set forth in Housing Program 17 of the comprehensive plan, and as thereafter may be amended. And:
(2) The tenants of at least two-thirds of the rental units in the rental housing complex consent to convert the rental housing complex to a community housing project in accordance with the following provisions:
(A) Each rental unit (including any units subject to the tentative or preliminary parcel map which are to be provided to the city as below-market-rate units pursuant to Section 21.40.050(b)(1) above) is entitled to one consent and such consent must be signed under penalty of perjury by all tenants of the rental unit;
(B) The following units shall not be eligible to sign consent forms:
(i) A rental unit in which the tenants do not all agree to consent to the conversion or do not all sign the consent form;
(ii) A rental unit in which one or more of the tenants has not resided in the rental housing complex for at least one year before signing the consent form;
(iii) A rental unit occupied by a tenant employed by or related to the owner or manager of the rental housing complex or to the applicant for the conversion;
(iv) A rental unit which is vacant on the date the consent forms are sent to tenants or which is vacated between that date and the last date for returning signed consent forms to the applicant for conversion.
(C) The following consent form shall be used by the applicant for conversion in calculating the number of consenting units:
CONSENT FORM FOR PROPOSED CONVERSION TO COMMUNITY HOUSING
[Specify Type]:
THIS CONSENT IS IRREVOCABLE
ADDRESS:
The units in the rental housing complex at the above address may be converted to [specify type of community housing] if the tenants of at least two-thirds of the units in the rental housing complex consent to the conversion. The applicant for conversion is [name] [address].
DECLARATIONS
I and each of the signatories below represent all of the tenants in possession of unit ____. I am not employed by or related to the owner or manager of the rental housing complex or to the applicant for conversion. I irrevocably consent to the conversion. I declare under penalty of perjury that the representations made herein are true and correct.
(print name) ______________________________
signature __________________________________
length of continuous tenancy in rental housing complex___________________
date________________
(print name) ______________________________
signature __________________________________
length of continuous tenancy in rental housing complex___________________
date________________
(print name) ______________________________
signature __________________________________
length of continuous tenancy in rental housing complex___________________
date________________
(D) The city must be notified on the date consent forms are first given to tenants, and the consent forms must be signed no later than ninety days from the date the consent forms are first given to the tenants;
(E) Notice to Prospective Tenants. No rental unit in a rental housing complex shall be leased or rented to any person after the consent forms are first given to tenants unless said person has been notified of the proposed conversion immediately prior to the acceptance of any rent or deposit from the prospective tenant in the following written form:
NOTICE TO PROSPECTIVE TENANT
This rental housing complex is in the process of obtaining the consent of its tenants to convert the complex to a community housing project. If you become a tenant, if two-thirds of the rental units consent to conversion and if the conversion application is approved by the city council, the unit you are considering leasing or renting will be offered to you for purchase; if you do not desire to purchase the unit, you will be offered an extended lease. As a new tenant, you will be ineligible to sign a consent form.
(Ord. 3295 § 1 (part), 1981: Ord. 3157 § 1 (part), 1979).