SEC. 1399.18. ACTION ON APPLICATION PACKET; CONDITIONS OF APPROVAL.

(a) The Director shall review an application packet as provided in Section 1399.17 for completeness within 30 days after the date the application packet was submitted. An application shall be considered "filed" when the Director determines that it is complete. If the Director fails within the 30-day period to notify the Subdivider of the items required to make an application packet complete, the application packet will be deemed filed on the 30th day after it has been submitted.

(b) The Director shall approve or conditionally approve an application within 50 days after filing unless the Director finds that:

• (1) the application fails to meet the requirements of Section 1399.17; or

• (2) the signature on any Intent to Purchase was obtained as the result of fraud or duress; or

• (3) any of the other statements in the Subdivider's declaration are false; or

• (4) the application fails to meet any mandatory requirement of the Subdivision Map Act, Government Code Section 66410, et seq. or this Code.

(c) If the Director fails to approve, conditionally approve, or disapprove a Tentative Map within 50 days after it has been filed, the Tentative Map is deemed approved.

(d) A Tentative Map filed under this Article 11 that complies with all applicable laws shall be approved subject to the condition that, concurrently with recording of the Final Map, the Subdivider shall record against the property a Notice of Conditions of Approval, signed and notarized by the City and the Subdivider, that provides the following for a period of 99 years from the date of conversion, or the economic life of the building, whichever is less:

(1) Each Member Share is subject to a lien in favor of the Limited Equity Housing Cooperative creating a right of first refusal upon the resale of said Member Share, and notice of such deed restriction shall be provided in accordance with the provisions of Section 1399.22; and

(2) The converted property shall be subject to the restrictions set forth in the binding agreement between the Subdivider and the Mayor's Office of Housing set forth in Sections 1399.6(a)(5) and (6).

(e) The recorded Conditions of Approval shall constitute an agreement between the Subdivider and any successors in interest and the City. The City and each tenant shall have the right, but not the obligation, to specific enforcement of the agreement in addition to any other remedies provided by law.

(Added by Ord. 319-08, File No. 081513, App. 12/19/2008)