As used in this chapter, certain words and terms have the following meanings:
"Affected community plan area" means the community plan area within which a building proposed for conversion is located and any other community plan area the boundary of which is located within a quarter mile of the building proposed for conversion.
"Applicant" means the owner or subdivider with a controlling interest in the proposed project, and any successors in interest.
"Association" means the organization created to own, lease, manage, maintain, preserve, and control the lots, parcels, or areas of a project, or any portions thereof or interests therein owned in common by the owners of the separately owned condominium units.
"Building of similar size." All residential buildings with two, three, or four dwelling units are deemed to be of similar size. All residential buildings with five or more dwelling units are deemed to be of similar size.
"Common area" means an entire condominium project, excepting all units therein.
"Comparable housing" means housing as described in section 17.716.050.R.1.c of this chapter.
"Condominium" means and includes:
1. "Condominium" as defined in section 783 of the Civil Code;
2. "Community apartment project" as defined in section 11004 of the Business and Professions Code;
3. "Stock cooperative" as defined in section 11003.2 of the Business and Professions Code; and
4. "Planned development" as defined in section 11003 of the Business and Professions Code.
The term "condominium" includes the conversion of any existing structure for sale pursuant to a method described in paragraphs (1) through (4) of this definition.
"Condominium conversion" or "conversion" means a change in the ownership of a parcel or parcels of property, together with structures thereon, whereby the parcel or parcels and structures previously used as rental units are changed to condominium ownership.
"Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, that are to be divided into condominium ownership.
"Condominium unit" or "units" means the individual spaces within a condominium project owned as individual estates.
"Eligible tenant" means any tenant who was a resident of the project proposed for conversion on the date notice of intent to convert is given pursuant to section 17.716.050.B.1 of this chapter and on the date of approval of the conditional use permit and tentative map for the condominium conversion.
"Low income," when used by itself or as a modifier of a person, household, or other term, means 80% or less of the median income as established annually by the U.S. Department of Housing and Urban Development for the Standard Metropolitan Statistical Area within which the proposed conversion project is located as adjusted for the number of members of the household.
"Moderate income," when used by itself or as a modifier of a person, household, or other term, means 81% to 120% of the median income as established annually by the U.S. Department of Housing and Urban Development for the Standard Metropolitan Statistical Area within which the proposed conversion project is located as adjusted for the number of members of the household.
"Organization documents" means declaration of covenants, conditions and restrictions, title of incorporation, by-laws, and any contracts for the maintenance, management, or operation of all or any part of a project.
"Residential condominium project" means a condominium project intended for residential occupancy, the conversion of a building used for multi-unit rental housing to condominium ownership intended for residential or nonresidential occupancy, and the conversion of a nonresidential building to condominium ownership intended for residential occupancy.
"Special category" refers to persons or tenants who fall within one or more of the following categories:
1. "Elderly" means individuals 62 years of age or older;
2. "Handicapped" or "disabled," as defined in section 50072 of the California Health and Safety Code or section 223 of the United States Social Security Act;
3. "Low income," as defined in this section;
4. "Moderate income," as defined in this section;
5. "Single heads of households" means residing with one or more minor children.
"Unjust eviction" means an eviction for other than one or more of the following reasons:
1. The tenant has failed to pay the rent to which the landlord is entitled;
2. The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure the violation after receiving written notice from the landlord;
3. The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit, an appurtenance, or to the common areas of the property containing the rental unit; or is creating an unreasonable interference with the comfort, safety, or enjoyment of other residents of the same or any adjacent building;
4. The tenant is using or permitting a rental unit to be used for any illegal purpose;
5. The tenant who had a written lease or rental agreement that terminated on or after the effective date of this provision, has refused, after written request or demand by the landlord, to execute a written extension or renewal for a further term of like duration with similar provisions and on terms not inconsistent with, or violative of, the provision of this chapter;
6. The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to a prospective purchaser or mortgagee; or
7. The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
"Unreasonable economic hardship" means a hardship that renders the project economically infeasible and incapable of being accomplished in a successful manner within a reasonable period of time.
"Unreasonable rent increase" means an increase in rent that substantially exceed the housing component of the Consumer Price Index on an annualized basis and that cannot otherwise be justified by costs of physical improvements to the building or site, repairs for damage, taxes, or other expenses attributable to the operation of the building, or by changes in the market demand for rental housing. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)