Hollister Municipal Code Ch. 16.17 Conversion of Multifamily Rental Units

A. The purpose of this chapter is as follows:

1. To establish criteria for the conversion of the existing multifamily rental units to condominium, community apartment, or stock cooperative projects;

2. To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of multifamily rental units to condominium, community apartment, or stock cooperative projects by providing for procedures for notification and adequate time and assistance for such relocation;

3. To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure offered for purchase;

4. To ensure that converted housing achieves a high level of appearance, quality, and safety and is consistent with the goals of the city;

5. To attempt to provide a reasonable balance of ownership and rental housing in Hollister and a variety of choices of tenure, type, price, and location of housing;

6. To attempt to maintain a supply of rental housing for low-and-moderate income persons, persons with disabilities, and seniors.

B. In addition to the requirements and procedures as set forth by the State Subdivision Map Act, conversions of existing multifamily rental units to condominium, community apartment, or stock cooperative projects shall be subject to the additional requirements provided by this chapter.

(Ord. 1022, § 1, 2007)

Allowance means the number of existing multifamily rental units that may be converted into a condominium, community apartment, or stock cooperative project in a calendar year.

Applicant means the developer who is applying for a conversion of multifamily rental units into a condominium, community apartment, or stock cooperative project.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a condominium, community apartment, or stock cooperative project.

Calendar year means the 12-month period beginning January 1 and ending December 31.

City means the city of Hollister.

Common area means an entire project excepting all units thereon.

Community apartment, as defined in Section 1351 of the California Civil Code, means an estate in real estate consisting of an undivided interest in land coupled with the right of exclusive occupancy of any apartment located thereon.

Community apartment project, as defined in Section 1351 of the California Civil Code and Section 11004 of the California Business and Professions Code, means a development consisting of two or more community apartments.

Condominium, as defined in Section 783 of the California Civil Code, means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in residential space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access, and if necessary, support.

Condominium project, as defined in Section 1351 of the California Civil Code, means a development consisting of two or more condominiums.

Conversion means a change or proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, from two or more multifamily rental units to a condominium, a community apartment, or stock cooperative project regardless of the present or prior use of such lands and structures and regardless of whether improvements have been made or are to be made to such structures.

Developer means the owner or subdivider with a controlling proprietary interest in a proposed project who is applying for a conversion.

Director means the city's development services director or his or her designee.

Disability means a physical or mental impairment which substantially limits one or more major life activities.

Disabled means a person with one or more disabilities.

Elements means the foundations, ventilation, electrical, plumbing, utilities, walls, roofs, windows, mechanical equipment, and sound transmission of each building; appliances which will be sold with the units; common facilities; common areas; and parking areas.

Eligible tenant means a tenant in good standing of a multifamily rental unit proposed for conversion.

Low income household means persons or families whose gross income does not exceed 80 percent of the San Benito County median income, as published by the California Department of Housing and Community Development, and as adjusted for family size and revised annually.

Market rate multi-family rental means a multi-family rental unit with no deed restriction or rental agreement that restricts the rental rates in order to provide affordable housing to very low, low, median or moderate income households.

Moderate income household means persons or families whose gross income does not exceed 120 percent of San Benito County median income, as published by the California Department of Housing and Community Development, and as adjusted for family size and revised annually.

Multifamily rental units means a building or group of buildings containing two or more dwelling units occupying a parcel of land in single ownership and having any yard or open space in common, but not including hotels or motels.

Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management, or operation of all or any part of a project.

Project means a development consisting of two or more condominiums, community apartments, or stock cooperatives.

Senior means a person who is 55 years of age or older.

Stock cooperative, as defined in subdivision (m) of Section 1351 of the California Civil Code, means an estate in real estate in which a corporation is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and some or all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. A stock cooperative includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code.

Stock cooperative project means a development consisting of two or more areas of exclusive occupancy.

Unit is the residential portion of a condominium project which is not owned in common with the owners of other condominiums in the project, or is an apartment in a community apartment project to which an owner of an undivided interest in common in the community apartment project has a right of exclusive occupancy, or is the portion of real property of a stock cooperative in which a shareholder has a right of exclusive occupancy.

Usable open space means that portion of a project's building site designed and used for landscaping, outdoor recreation, and building service yards which complies with all relevant provisions of the zoning code.

Zoning code or zoning ordinance means Chapter 17 of the Hollister Municipal Code.

(Ord. 1022, § 1, 2007; Ord. 1178, § 1, 2019)

The number of existing multifamily rental units which may be converted into a project in any one calendar year is limited to a number which is equal to 25 percent of the yearly average of market rate multifamily rental units constructed in the previous two calendar years until the multifamily rental housing stock reported on the California Department of Finance Demographic Research Unit Table 2: E-5 city/county population and housing estimates equals or exceeds 20 percent of the total housing stock in the city. When the multifamily rental housing stock equals or exceeds 20 percent of the total housing stock in the city, the number of existing multifamily rental units which may be converted into a project in any one calendar year is limited to a number which is equal to 50 percent of the yearly average of multifamily rental units constructed in the previous two calendar years.

For purposes of this chapter, the term "constructed" shall mean final building occupancy permits for multifamily rental units.

(Ord. 1022, § 1, 2007; Ord. 1178, § 2, 2019)

A. On or before February 1 of each year, the director shall determine the number of multifamily rental units that may be converted to a project in that calendar year. The director will not consider any units built for sale as condominiums, community apartments, or stock cooperatives in determining this allowance.

B. If the number of multifamily rental units proposed to be converted to a project is less than the maximum allowance in a calendar year, the surplus allowance may be carried over to the following calendar year. If the number of multifamily rental units proposed to be converted to a project exceeds the allowance in a calendar year, an allocation process will be used to select the applications for conversion with priority given to applications that provide housing for special needs housing groups including very low, low, and moderate income households, seniors, and persons with disabilities.

C. The city council may consider providing an exemption from the allowance for projects that create "for sale," owner-occupied condominium, community apartment, or stock cooperative units that will be restricted for a minimum of 30 years to households earning less than 80 percent of the regional median household income as defined by the federal Department of Housing and Urban Development (HUD). The method of determining the number of income-restricted units and the income targets will be established by the city council as a part of the project approval process.

(Ord. 1022, § 1, 2007)

A. The following shall be provided at the time of application for a conversion of multifamily rental units to a condominium, community apartment, or stock cooperative project:

1. Property Condition Report. This report shall be in addition to and shall not replace any public report required by state law, including but not limited to, the report required by Government Code Section 66427.1(a) to be submitted to the Department of Real Estate. The report shall be prepared by a California-licensed structural engineer or a California-licensed architect except that the review of foundations shall only be prepared by a structural engineer. The property condition report shall detail the condition of all elements of the subject property. The report shall state, to the best knowledge of the applicant, and for each element:

a. The date of construction;

b. The condition;

c. The expected useful life;

d. The cost of replacement;

e. Any variation from the zoning regulations in effect when the last building permit was issued for the subject structures;

f. Evidence that the internal walls would meet current sound attenuation standards, and if standards are not met, an explanation of the proposed corrective measures to be used;

g. Evidence that all current energy conservation standards are met, and if standards are not met, an explanation of the proposed corrective measures to be used;

h. Identification of all defective or unsafe elements or those which may impair use and enjoyment of the property and an explanation of the proposed corrective measures to be used;

i. The date and description of each major repair of any element since the date of construction. For the purposes of this subsection, a "major repair" shall mean any repair for which an expenditure of more than $1,000.00 was made;

j. The date and description of each major renovation of any element since the date of construction. For the purposes of this subsection a "major renovation" shall mean any renovation for which an expenditure of more than $1,000.00 was made;

k. A statement regarding current ownership of all improvements and underlying land;

l. A statement of the major uses of the project since construction.

2. A Rental History Report. A report detailing the name and address of each present tenant of the project, and for each rental unit proposed to be converted, the following: (i) the size in square footage and number of bedrooms, (ii) the current or last rental rate, (iii) the monthly rental rate for the preceding two years, and (iv) the monthly vacancy over the preceding two years.

3. A Structural Pest Control Report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code.

4. A Soil and Geological Conditions Report. Such report shall include any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.

5. A Statement of Repairs and Improvements. A statement of repairs and improvements to be made by the developer necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

6. Sewer Videotape. A videotape of the sewer lateral lines on the property.

7. Boundary Map. A map which shows the existing topography of the site and the location of all existing easements, structures, mature and scenic trees, and other improvements on the property.

8. Schematic Plans. Plans consisting of a site plan, garage plan, typical floor plan, building elevations showing natural grades and a conceptual landscaping plan for the project as a whole and other plans necessary to show the location of the common areas, parking spaces, all facilities and amenities to be located with said common area, location and type of storm drainage, utility lines, meters, and easements. In addition to the foregoing, complete "as-built" drawings shall be provided with additional eight-inch by ten-inch color photographs showing the elevations of the project.

9. Organizational Documents. A copy of the organizational documents which, in addition to such covenants, conditions, and restrictions which are, or may be, required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other state laws or policies, shall include the following:

a. The method and manner of conveying units.

b. A plan for assignment of parking spaces, and management of common areas within the project.

c. A preliminary annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair, or replacement expenses.

d. Rules and requirements for levying annual assessments upon units and their owners for maintenance and special assessments for capital improvements. Such rules and requirements shall include:

i. The amount of the regular annual assessment, and the procedure for its charge.

ii. The manner in which special assessments shall be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement within the common area.

iii. The method of collection of both annual and special assessments, which may be monthly without billing.

iv. The remedies which the association may seek for nonpayment of assessments including penalties for late payment.

v. Provisions empowering and requiring the association to be responsible for maintaining and landscaping all common areas.

B. Failure to provide information required by subsection A of this section shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why said information cannot be obtained.

(Ord. 1022, § 1, 2007)

A. Notice of Intent. Beginning at least 60 days before the filing of a tentative map application, the developer shall give notice of intent to convert to each tenant and prospective tenant as provided in Government Code Sections 66452.8 and 66452.9. The form of the notice shall be as approved by the director and shall contain not less than the following in English and Spanish:

1. The information required by Government Code Section 66452.8 and 66452.9;

2. Name and address of current owner;

3. Name and address of the proposed developer;

4. Approximate date on which the tentative map is proposed to be filed;

5. Approximate date on which the final subdivision map is to be filed;

6. Approximate date on which the unit is to be vacated by nonpurchasing tenants;

7. Tenant's right to purchase;

8. Tenant's right of notification to vacate;

9. Information about relocation assistance and other tenant benefits required by this chapter;

10. Other information as deemed necessary by the director.

B. Developer shall provide city with proof of the content and delivery of the tenant notice for all tenant notifications required by state law and this chapter when the tentative map application is filed.

(Ord. 1022, § 1, 2007)

The following standards for conversion of existing multifamily rental units shall be required as conditions to the approval of a map for a project under this chapter. All deficiencies in the following standards shall be corrected prior to recordation of a final map.

A. Allowance to Convert. The project shall have received from director a conversion allowance, as established in Section 16.70.030 of this chapter, to convert the number of dwelling units proposed in the tentative map.

B. Zoning Ordinance. Each unit in the project shall comply with the following requirements of the zoning ordinance:

1. Off-street parking requirements;

2. Trash storage enclosures, sight distance, fences and walls, equipment enclosures and landscaping;

3. Usable open space.

The total number of existing dwelling units may not be reduced in order to meet the zoning ordinance requirements of this section.

C. Housing Code. Each project shall comply with the minimum requirements of the Uniform Housing Code as adopted by Chapter 15.04 of the Hollister Municipal Code.

D. Energy Insulation. All units in the project shall comply with current state energy conservation requirements.

E. Noise Insulation. All separating walls and floor ceiling assemblies for each dwelling unit in the project shall comply with sound insulation requirements of the state building code. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the building official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks, bases, or vibration isolators in a manner approved by the building official.

The structures shall conform to all exterior and interior sound transmission standards of Chapter 15.04 of the Hollister Municipal Code. In such cases where present standards cannot reasonably be met, the standard may be modified by the planning commission, upon developer notifying potential buyers of the noise deficiency currently existing within these units.

F. Fire Protection. As part of the review of the required site development application, any deficiencies in fire flow as determined by the Hollister fire chief shall be corrected. Each living unit shall be provided with approved smoke detectors mounted on the ceiling or wall at a point centrally located in the area giving access to rooms used for sleeping purposes. Additionally, all fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be retained in operable condition at all times and shall comply with the current city standard.

G. Sewers and Storm Drains. Cleanouts for sewers must be enclosed in protective boxes when installed at ground level. As-built drawings for the plumbing system shall be provided to the association upon filing of final map. The upgrading of on-site storm drainage, including parking lot drainage, will be reviewed by the city engineer, whose recommendation shall be considered by the planning commission at the time of tentative map approval. All drainage shall comply with applicable grading standards in effect at the time of conversion.

H. Homeowners' Association. As a condition of tentative map approval, the developer shall establish bylaws for a homeowners' association and covenants, conditions, and restrictions that define property maintenance responsibilities. The covenants, conditions, and restrictions shall cover land and improvements intended for common ownership and maintenance, including but not limited to, the maintenance of guest and garage parking spaces, irrigation equipment and landscaping, recreation and laundry facilities, common area lighting, fencing, drainage infrastructure, and fire lanes. The covenants, conditions, and restrictions shall be reviewed and approved by the city and a recorded copy of the documents shall be submitted to the city prior to the sale of any unit.

I. Disabled Access. Unless otherwise required by the applicable building codes, a minimum of ten percent of the converted units shall be upgraded to meet current disabled access requirements of the state building codes. The total number of existing units may be reduced, upon approval by the planning commission, when the proposed reduction is needed to accomplish the disabled access requirements of this section.

Projects of four units or less are exempt from this requirement; however, an exempt project that provides upgraded facilities to meet current disabled access requirements of the state building codes shall be prioritized ahead of other projects of four units or less that do not provide disabled access upgrading when annual application requests exceed the annual conversion allowances.

J. Building Regulations. The project shall be found to be in compliance with Chapter 15.04 of the Hollister Municipal Code, in effect on the date that the last building permit was issued for the subject multifamily rental structure or structures except as herein provided.

K. Utility Metering. Each unit shall be separately metered for gas, water, and electricity. Where the developer can demonstrate that the standard cannot be reasonably met, the standard may be modified by the planning commission. In the event that the utilities in the buildings constructed prior to this chapter cannot be reasonably converted to individual meters, thenthe city or utility provider shall bill against the master meters at the rate charged to individually-metered single-family residential units. The covenants, conditions, and restrictions shall contain a system for equitable sharing of communal water metering charges.

L. Sewer Laterals. Each building shall have a separate sewer lateral to the main line and a separate clean out trap. Where the developer can demonstrate that the standard cannot be reasonably met, the standard may be modified by the planning commission.

M. Laundry Facilities. A laundry area shall be provided in each unit, or if common laundry areas are provided, those facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the developer can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

N. Landscape and Irrigation Maintenance. Each project shall maintain a separate landscape water meter. All landscaping and irrigation systems shall be restored as necessary and maintained to achieve a high degree of appearance and quality. A separate landscape meter shall be established for the development unless one was previously established.

O. Condition of Equipment and Appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, ovens, cooking tops, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certifications to the association that any pool or pool equipment, including but not limited to, filters, pumps, and chlorinator, and any appliances and mechanical equipment to be owned in common by the association are in operable working condition.

P. Refurbishing and Restoration of Common Areas. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems, and additional elements as required by the planning and community development department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety.

Q. Inclusionary Housing. The project shall provide the inclusionary housing requirements established by this chapter.

(Ord. 1022, § 1, 2007)

A. Projects of seven or more units shall satisfy the inclusionary housing requirements on-site, as follows:

B. The developer shall sell or rent the affordable units at affordable costs to either low income or moderate households, as required by this section. Resale controls, approved by director, shall be included as a deed restriction to maintain the sales or rental affordability of the restricted units for low income or moderate income households for a term of 30 years.

C. The sales price of any inclusionary housing unit with two or more bedrooms that will be made available for purchase by a low income household shall not exceed 30 percent of the gross household income for a household at 80 percent of San Benito County median income for a family of four as published by the state department of housing and community development. The sales price of any inclusionary housing unit with one bedroom or less that will be made available for purchase by a low income household shall not exceed 30 percent of the gross household income for a household at 80 percent of San Benito County median income for a family of two as published by the state department of housing and community development. The sales price of any inclusionary housing unit two or more bedrooms that will be made available for purchase by a moderate income household shall not exceed 35 percent of the gross household income at 120 percent of San Benito County median income for a family of four as published by the state department of housing and community development. The sales price of any inclusionary housing unit with one or less bedroom that will be made available for purchase by a moderate income household shall not exceed 30 percent of the gross household income for a household at 80 percent of San Benito County median income for a family of two as published by the state department of housing and community development. The director will calculate the sales price by utilizing the following housing costs:

1. Principle and interest on conventional 30-year fully amortized fixed rate loans mortgage loans with interest equal to the published FHA rate, and any fees associated therewith;

2. Property tax and assessments;

3. Fire and casualty insurance;

4. A reasonable allowance for utilities not including telephone;

5. Any homeowners association fees. Recorded resale controls shall have a term of 30 years.

D. Rent for units with two or more bedrooms created under this chapter shall be calculated by using 30 percent of 60 percent of the San Benito County median income for a family of four as published by the state department of housing and community development. Rent for units with one bedroom or less created under this chapter shall be calculated by using 30 percent of 60 percent of the San Benito County median income for a family of two as published by the state department of housing and community development. Rent shall be the total of:

(1) Use and occupancy of a housing unit and land and facilities associated therewith;

(2) Any separately charged fees or service assessed by the lessor which are required of all tenants, other than security deposits;

(3) A reasonable allowance for utilities which are paid by the tenant;

(4) Any taxes or fees charged for use of the land and facilities by an entity other than the lessor.

The developer is responsible for contracting with a property management firm, or non-profit housing provider, to maintain records and ensure affordability. The director upon reasonable notice may verify or confirm the income of tenants. Recorded rent limitation agreements shall have a term of 30 years.

(Ord. 1022, § 1, 2007; Ord. 1178, §§ 3, 4, 2019)

The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the community services department. The report shall be referenced in the subdivision report to the planning commission.

(Ord. 1022, § 1, 2007)

A. The developer shall furnish each prospective buyer of a unit within a project a true copy of the following informational documents in their final, acceptable form:

1. The property report;

2. The structural pest control report;

3. The building history report;

4. State of Compliance (form 643) pursuant to Title 10, California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during start-up;

5. The proposed annual operating budget of the association indicating a reserve fund to pay major anticipated maintenance, repair, and replacement expenses, and the association fees needed for the operating budget and reserve fund.

B. Developer shall give the prospective buyer sufficient time to review those reports. Copies of the reports shall be made available at all times at the sales office for project and shall be posted at the project site at various locations, as approved by the city.

(Ord. 1022, § 1, 2007)

In addition to the requirements of Chapter 16.08 for a public hearing for the tentative subdivision map and parcel map approval, the notice of the hearing, provided in English and in Spanish, and copies of the staff reports shall be given to tenants of the proposed conversion and posted on the proposed project site at various locations as approved by the city.

(Ord. 1022, § 1, 2007)

Annually until the close of escrow on the last unit, developer shall submit the following information to the director:

A. Name, address, and phone number of homeowners' association;

B. Actual sale price of units;

C. Actual homeowners' association annual fee;

D. Number of prior tenants who purchased units;

E. Number of units purchased with intent to be used as rentals;

F. Number of units in which owner of the unit resides.

(Ord. 1022, § 1, 2007)

A. To achieve the purpose of this chapter, the planning commission shall require that all conversions conform to this code in effect at the time of tentative map approval, except as otherwise provided in this chapter.

B. All applicable provisions of the Hollister Municipal Code must be met and violations corrected prior to approval of the final map.

(Ord. 1022, § 1, 2007)

As provided in Government Code Section 66427.1(d), any present tenant of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.

(Ord. 1022, § 1, 2007)

Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he or she occupies the unit shall have not less than three months from the approval date of the final subdivision map to relocate to substitute housing. Immediately before the time of final map approval the developer shall notify each tenant in English and in Spanish of the anticipated date required to vacate the unit and when the three-month period will begin. Developer shall submit to city evidence of receipt of this notice by each tenant prior to approval of the final map.

(Ord. 1022, § 1, 2007)

A. A relocation benefit shall be based on the current HUD fair market rent for San Benito County, for a similarly sized unit, in effect at the time the tenant is required to vacate the unit. The developer shall include information in English and in Spanish about the amount and timing of the relocation benefit in the written notice of intention to convert. The developer shall give each eligible tenant notice in English and in Spanish of his or her right to a relocation benefit at the same time that the notice of right to purchase is given.

B. The notice of relocation benefit shall provide name, address, and phone number of the developer or the developer's representative and provide for messages outside of normal business hours for the tenants to obtain information about the relocation benefit program.

The payment of the relocation benefit shall occur on or before (1) the date of termination of tenancy notice, or (2) the date the eligible tenant vacates the unit, whichever date occurs first, but in either event, without regard to the date that the conversion occurs.

C. The developer shall provide three months of relocation benefit to all eligible tenants except for those eligible tenants who are disabled or senior who shall be entitled to five months of relocation benefit. Developer shall provide tenants who are seniors or disabled with the services of a relocation assistant to facilitate relocation logistics.

(Ord. 1022, § 1, 2007)

A tenant's rent shall not be increased for a period of up to two years, beginning at the time of the filing of the tentative map application with the development services department and ending with the filing of the final map, the denial of the tentative map, or the withdrawal of the tentative map application.

(Ord. 1022, § 1, 2007)

The developer shall provide moving expenses of two times the monthly rent to any eligible tenant household living in any unit of the proposed project at least three months before approval of the tentative map or on the date of the tentative map approval, except that the developer will not be required to provide moving expenses to a tenant moving into a unit of the project after tentative map approval. The developer shall provide eligible tenant households with moving expenses at the time of the household's relocation except when the household has given notice of intent to move prior to receipt of developer's notice to tenant of developer's intent to convert. The developer shall also provide each tenant monthly with a current list of other rentals available in the San Benito County area beginning from the time of a tentative map approval until each tenant relocates or decides to purchase a unit in the project.

(Ord. 1022, § 1, 2007)

After submittal of the tentative map application, any prospective tenant shall be notified in writing in English and in Spanish of the developer's intent to convert prior to developer leasing or renting any unit. The form of the notice shall be as follows:

To the prospective occupants of ______________________ (address):

The owner(s) of this building at (address), has filed or plans to file a tentative map with the City of Hollister to convert this building to a (condominium, community apartment or stock cooperative project). No units may be sold in this building unless the conversion is approved by the city of Hollister and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you will be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at those hearings.

The city's ordinance regarding conversion of multifamily rental units is attached for your review.

______________________ Signature of owner or owner's agent

Dated: _______

I have received this notice on _______

______________________ Prospective tenant's signature

(Ord. 1022, § 1, 2007)

The planning commission shall not approve a final map that converts multifamily rental units into condominium units, community apartments, or a stock cooperative project unless all of the following findings can be made:

A. All provisions of this chapter and the Subdivision Map Act are met, including all notices required pursuant to Government Code section 66427.1;

B. The proposed conversion is consistent with the city's general plan;

C. The proposed conversion will conform to relevant sections of the zoning code in effect at the time of tentative map approval, except as otherwise provided in this chapter;

D. All standards for conversion specified by this chapter are met;

E. The overall design and physical conditions of the conversion achieve a high degree of appearance, quality, and safety;

F. All repairs identified in the property conditions report and included in the conditions of approval of the tentative map have been completed to the satisfaction of the city's building official.

(Ord. 1022, § 1, 2007)