9281.9. - Findings required for approval.

The commission shall not approve a conditional use permit for a conversion unless it finds:

A.

That the proposed conversion is consistent with the general plan, particularly with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.

B.

That the average rental vacancy rate in multiple-family units of similar size in a ten-mile radius during the twelve (12) months preceding the filing of the application is greater than five (5) percent; provided, that a conditional use permit may be approved where the vacancy rate is equal to or less than five (5) percent if the applicant has proposed measures which the commission finds would effectively mitigate the displacement of tenants and any adverse effects upon the housing stock in a ten-mile radius which would be caused by the proposed conversion.

In evaluating the average rental vacancy rate in the affected areas and in the building proposed for conversion, the commission shall consider the rental history of the building, including the number of

evictions and increases in rent over the preceding three (3) years. In addition, the following sources of vacancy rates statistics may be used: (1) department of finance (State of California), (2) postal service, and (3) HUD vacancy rates. Notwithstanding any other provision of this section, the commission may deny a conditional use permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increased in order to qualify a project for conversion under this subsection.

C.

That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. In determining whether the housing to which the applicant proposes relocation is "comparable," the commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes; and, that the housing is open to all persons regardless of race, creed, age, national origin, ancestry, religion, marital status, or gender. In addition, the commission shall consider the following factors in determining whether the relocation housing is comparable:

1.

Whether the housing is provided with facilities equivalent to that provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following:

a.

Apartment size including number of rooms;

b.

Rent range;

c.

Major kitchen and bathroom facilities;

d.

Special facilities for the handicapped, infirmed or senior citizens;

e.

Willingness to accept families with children.

2.

Whether the housing is located in an area that is comparable with the area in which the tenant then resides in regard to:

a.

Accessibility to the tenant's place of employment;

b.

Accessibility to community and commercial facilities;

c.

Accessibility to schools; and

d.

Accessibility to public transportation.

A unit is not comparable if it is located in a building for which a notice of intent to convert has been given, except where the rental units of the building will not be offered for sale as condominium units within two (2) years.