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A. No final subdivision map shall be approved by the planning commission or city council until the developer presents satisfactory evidence that the developer has complied with all notice requirements of the Subdivision Map Act, including giving each tenant written notice of the intention to convert and of the tenants' exclusive right to contract for purchase of their respective units. The developer shall give special consideration to tenants who are senior citizens and to tenants who are handicapped.
B. The applicant shall provide moving expenses equal to three times the monthly rent to any tenant who was a tenant at the time of the condominium conversion application and who relocates from the building to be converted after approval of the conversion by the city, except when the tenant has given notice of his intent to move prior to receipt of notification from the applicant of his intent to convert.
(Ord. 83-07-910 § 3: Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.620(E))
A. The maximum number of units which may be approved for conversion to condominiums in any fiscal year, commencing July 1st and ending June 30th of each year, shall not exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year. In the event that fewer than the maximum number of units permissible are converted in a given fiscal year, the surplus will be carried over to the following fiscal year. In the event that any application for condominium conversion would cause or result in the number of units in the city converted to condominiums during that fiscal year to exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year, then that application shall be denied but, upon the request of the applicant at the time of denial, shall be reconsidered for approval or disapproval by the city during the next fiscal year ahead of other condominium conversion applications which were subsequently filed with the city.
B. Exceptions. This section shall not be applicable to any project having a total of four units or less, provided that the number of units in said project shall be considered as approved for conversion for purposes of calculating the maximum number of units which may be approved for conversion to condominiums in any fiscal year, in accordance with subsection A of this section.
C. Notwithstanding the provisions of this section, the planning commission or city council may approve a condominium conversion use permit where such approval causes the number of units converted to condominiums to exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year, if all of the following findings are made:
1. The proposed conversion will not displace a significant percentage of low- and moderate-income tenants, senior citizen tenants, or tenants with children, or delete a significant number of low- and moderate-income rental units from the city's housing stock, at a time when sufficient equivalent housing is not readily available in the area;
2. The community benefits which are derived from the provisions of affordable home ownership opportunities are increased by the conversion of the proposed project;
3. If the existing apartment complex contains fifty percent or more low- and moderate-income households, as defined by Section 50093 of the California Health and Safety Code, the applicant agrees to enter into and record a development agreement with the city, approved as to form and content by the city attorney, which guarantees at least one of the following:
a. Retention of an adequate supply of affordable dwelling units for low- and moderate-income households, as determined by the planning commission or city council, as part of the conversion project;
b. Provision of an adequate supply of affordable dwelling units, prior to issuance of a certificate of occupancy for the conversion project, for low- or moderate-income households on alternative sites in the city.
The number of dwelling units to be afforded to low- and moderate-income households pursuant to this subsection shall be determined by the planning commission or city council, based on the number and characteristics of existing tenant households in the proposed conversion project, including income, family size, length of residence, age of tenants, and similar criteria. In order to meet the requirements of this subsection, the applicant shall submit as part of his condominium conversion application a report and supporting data concerning the above criteria.
4. Tenants of twenty-five percent or more of the units proposed for conversion have consented to the proposed conversion.
(Ord. 83-03-904 § 5 (part))
All organizational documents described in Section 20.50.050 shall be submitted to and approved by the city prior to issuance of building permits, if any are required, or at the time of approval of the conversion if no building permits are required.
(Ord. 83-03-904 § 5 (part); Ord. 78-11-809 § 2 (part): prior code § 19.52. 620 (F))
Any subdivision for condominium development shall be reviewed and approved, conditionally approved, or disapproved in accordance with the provisions of Title 18 of this code, but may be approved or conditionally approved only if it complies with the requirements of this chapter.
(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.630(A))
A. Following the filing of an application for a condominium conversion or the filing of a subdivision map application for condominium purposes where a conditional use permit is required, the planning commission shall hold a public hearing and make findings, establish conditions, and make recommendations as provided in Chapter 20.64, except that the public hearing need not be held until the time at which the commission considers the subdivision map.
B. In addition to the findings required in Chapter 20.64, the planning commission or city council shall not approve or conditionally approve a conditional use permit for condominium conversion unless they find that:
1. All provisions of this chapter are met and the project will not be detrimental to the health, safety and general welfare of the city;
2. The overall design and physical condition of the conversion project will result in a project which is aesthetically attractive, safe, and of quality construction;
3. The proposed conversion will not displace a significant percentage of low- and moderate-income or senior citizen tenants, or tenants with children, at a time when sufficient equivalent housing is not readily available in the area;
4. The proposed conversion will not delete a significant number of low- and moderate-income rental units from the housing stock which would preclude the reasonable mobility of tenants within the city;
5. The applicant has not engaged in any coercive or retaliatory action regarding the tenants following the submittal of the initial application to the city for condominium conversion. In making this finding, consideration shall be given to:
a. Whether there have been rent increases at a rate greater than the rate of increase in the Consumer Price Index (Los Angeles-Long Beach), unless such increases are provided for in written agreements in existence prior to the submittal to the city of the initial application for condominium conversion,
b. Any other action which is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants which provides for benefits to the tenants after condominium conversion approval shall not be considered a coercive or retaliatory action;
6. The requirements of Section 20.50.120 have been met.
(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.630(B))