Moraga Municipal Code Art. 4 Requisites for Approval

The number of conversions in any one calendar year is limited to the town's potentially convertible rental stock. Potentially convertible rental stock means that number of rental units which equals the number of new rental units (in a building of two or more units) added the existing rental housing stock in the immediate preceding calendar year for which the determination is made. If a maximum number of committed units is not converted in one year, the surplus is carried over to the next year.

On or before February 1st of each year, the planning director shall advise the planning commission of the number of new rental units added to the existing rental housing stock during the preceding calendar year.

A proposed project that is larger than the permitted number of units in a given year, if approved, reduces the potentially convertible rental stock for succeeding years by the number of units that the approved project contains in excess of that permitted in the year in which the project is approved.

(Prior code § 8-4451)

A. An application for conversion shall be submitted by the close of business on March 31, in order to be considered for development during the calendar year in which it is filed.

B. Each application shall be accompanied by a fee in the amount fixed by resolution of the town council. This fee is in addition to that prescribed for the processing of a conventional subdivision.

C. Not more than one application may be accepted for the same property for consideration in any one calendar year.

(Prior code § 8-4452)

A. Ranking Applications. The planning director shall make a recommendation as to the ranking of applications in accordance with the following criteria:

1. The extent to which the proposed conversion will provide housing opportunities for all economic segments of the community;

2. The extent to which the proposed conversion's deleterious effect on occupying tenants will be mitigated by relocation and other assistance provided by the applicant;

3. The extent to which the building is suitable for conversion on the basis of its physical condition and other amenities, and its view shed impact.

The planning commission may, by resolution, adopt additional criteria for determining the ranking of applications.

Selection From Ranked Applications. The planning commission shall consider the applications. In doing so, it shall apply the standards of review set forth in Section 8.96.290. The planning commission may approve applications for a total number not to exceed one hundred ten (110) percent of the annual limitation.

C. Approval of Project Larger Than Permitted Number of Units. A proposed project that is larger than the permitted number of units in a given year if approved, reduces the potentially convertible rental stock for succeeding years by the number of units that the approved project contains in excess of that permitted in the year in which the project is approved.

D. Vacancy rates of existing apartment residential units shall not be a criterion in determining the number of units to be converted from the number established by Section 8.96.250.

E. Right to Appeal. If an application is not included among the first three applications as set forth in the rankings recommended by the planning director for three successive application periods, the applicant may appeal to the planning commission. The decision of the planning commission may be appealed to the town council in the same manner as an appeal from the denial of a rezoning request.

F. Information Available to Applicants. Upon request, the planning director shall provide an applicant with a written explanation of the rank recommended for the conversion application.

Upon request, the planning director shall provide an applicant with a written explanation of the reasons for denial of the conversion application.

(Prior code § 8-4453)

Once the yearly limit specified in Section 8.96.250 is reached, a project may be approved for conversion only if the planning commission makes one or more of the following findings:

A. The developer will provide for a significant increase in the rental housing for low and moderate income households or senior citizen households over and above that made available under this chapter through conversion;

B. The developer will provide for the construction of new rental housing;

C. The need and demand for low cost home ownership to be provided for by this project outweighs the detriment caused by further reduction of the rental stock.

(Prior code § 8-4454)

In reviewing each request for conversion of rental stock to condominium, the planning commission shall consider the following:

A. Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community;

B. The role that the project structure plays in the existing housing rental market and in particular whether the structure is serving low and moderate income households using standard definitions of low and moderate income rents used by the federal and state governments. Along with other factors, the following will be considered:

1. The number of families on current waiting lists for assisted rental housing programs that operate in the area such as the Section 8, Section 22, and Section 236 programs,

2. The probable income range of tenants living in existing apartments based on the assumption that households should pay between one-fourth and one-third of their income for housing. That income range should be compared with existing income limits for Section 8 program to determine whether potential displaced tenants can be categorized as low and moderate income;

C. The vacancy rate and turnover rate in multiple family rental housing in the community and the extent to which the proposed conversion will create hardships;

D. The need and demand for lower-cost-home-ownership opportunities which are increased by the conversion of apartments to condominiums;

E. The current and historical vacancy rate in the project. In evaluating the current vacancy level, the increase in rental rates for each unit over the preceding five years and the average monthly vacancy rate for the project over the preceding two years shall be considered. If the planning commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be disapproved;

F. Whether or not the conversion will be detrimental to the retention of low and moderate housing stock or reduce or alter significantly the opportunity within the area for the housing of young and elderly citizens.

(Prior code § 8-4455)

The planning commission may not approve an application for conversion unless it finds that:

A. Each provision of this chapter is met;

B. The proposed conversion is consistent with the general plan and is not detrimental to the health, safety of general welfare of the town;

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

D. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety;

E. The proposed project will not convert during the current calendar year more than one hundred (100) percent of the potentially convertible rental units for the current calendar year except as otherwise provided in Section 8.96.280;

F. The proposed conversion will not have an adverse effect on the diversity of housing types available in the town;

G. The proposed conversion will not displace a significant percentage of tenants and reduce low and moderate income rental units from the housing stock at a time when no equivalent housing is readily available in the town.

(Prior code § 8-4456)