A. Conditional use permit required. No condominium conversion is permitted until a conditional use permit therefor has been issued in accordance with this chapter and section 17.808.200. The provisions of section 17.808.200 apply to applications for conditional use permits for condominium conversions, and the provisions in this chapter-including those relating to notice requirements, applications, development standards, and findings-apply in addition to the provisions of section 17.808.200. If a provision of this chapter conflicts with a provision of section 17.808.200, the provision of this chapter prevails.
B. Hearing. Both the planning and design commission and city council shall hold at least one public hearing on an application for a conditional use permit for a condominium conversion under section 17.716.050. At the conclusion of its hearing, the planning and design commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken of each motion on the matter. The hearing by the city council shall be noticed and held in accordance with all the requirements of this chapter and section 17.808.200.
C. Expiration of conditional use permit for failure to establish use. The expiration of a conditional use permit issued under this chapter is governed by the provisions of section 17.808.400, provided that a condominium conversion project is deemed established when one unit in the project has been sold to an individual purchaser other than the owner or applicant.
D. Determination of vacancy rate. The planning director shall determine and make public on March 1st each year, the average rental vacancy rate in each community plan area in accordance with accepted industry reporting methods. The vacancy rates shall be calculated on the basis of multi-unit rental vacancy by community plan area. These vacancy rates shall be submitted to, and considered by, the planning and design commission and city council in connection with the review of applications for conditional use permits for condominium conversion projects under this chapter. At any hearing wherein such an application is considered, any person may present evidence concerning the accuracy of the city-determined vacancy rate, or the rate contended by the applicant, and the city planning and design commission and city council may consider, but shall not be bound by, that evidence.
E. Exception: condominium conversions of certain buildings located in the central city. Notwithstanding this section and section 17.716.050, the conversion to condominiums of buildings located within the central city that were constructed pursuant to building permits issued on or after January 1, 1999, and on or before December 31, 2002, shall be governed by this section; provided that the application for conversion is filed on or before January 1, 2010, and thereafter pursued diligently to completion. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)