In reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:
A. Whether or not the amount and impact of the displacement of tenants if the conversion were approved would be detrimental to the health, safety or general welfare of the community;
B. The role that the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low income and moderate income households. Standard definitions of low income and moderate income rents used by the federal and state governments will be used in the evaluation. Along with other factors, the city will consider the following:
C. The number of families on current waiting lists for assisted rental housing programs that operate in Pinole, such as Housing Act Section 23 and Section 236 programs;
D. The probable income range of tenants living in existing apartments based on the assumption that households pay between one-quarter (1/4) and one-third (1/3) of their income for housing. That income range will be compared with existing income limits for the Section 8 program to determine whether potential displaced tenants can be categorized as low income and moderate income;
E. The need and demand for lower cost homeownership opportunities which are increased by the conversion of apartments to condominiums;
F. Conversion projects shall not be approved by the Planning Commission if, on the basis of a representative sampling of the number of rental dwelling units relative to the total available dwelling units in the city (supplied by developer and verified by city) is less than fifteen percent (15%);
G. If the Planning Commission or City Council determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered;
H. The applicant shall provide relocation information consisting of data indicating the current and continually available, competitively priced, decent, safe and sanitary dwelling units within the immediate area (Pinole, Hercules, Rodeo, and El Sobrante). The number of available dwelling units shall be sufficient to assure accommodation of such displaced tenants. This requirement is not applicable if the city determines, on the basis of a representative sampling of apartment buildings conducted by the city, that the city-wide apartment vacancy rate exceeds five percent (5%). Any such representative sampling used shall not be more than ninety (90) days old. In addition, the developer shall pay each household displaced by the project an amount determined by the Planning Commission as being representative of commercial relocation costs within the market area. (Ord. 2010-02 § 1 (part), 2010)