San Jose Municipal Code Part 1 General

A. This chapter is enacted to establish requirements and procedures for the control and approval of conversion of existing multiple-family rental housing and nonresidential structures to residential condominium and community apartment projects. By their unique character and requirements, conversions differ specifically from other subdivisions and apartments. The unique status of such projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect, and blight that impact upon the public health, safety, welfare, and economic prosperity of the City of San José. Such projects may conflict with the policy of the City of San José to provide a reasonable balance of rental and ownership housing within the city, to provide a variety of individual choices of tenure, type, price, and location of housing and to maintain the supply of rental housing for low and moderate income persons and families. To insure that such problems are avoided in both short and long term, it is the express intent of the City of San José to treat such projects differently from multiple dwellings or other structures which are not residential condominium or community apartment projects, and to establish rules and standards thereto regulating the conversion to such projects in the City of San José.

B. This chapter is enacted to insure that proposed conversions are approved consistent with policies and objectives of the City of San José, particularly the following:

1. To make adequate provision for the housing needs of all economic segments of the community;

2. To facilitate inhabitant ownership of residential units, while recognizing the need for maintaining adequate rental housing inventories in the high-density urban setting;

3. To provide a reasonable balance of rental and ownership housing;

4. To inform prospective conversion purchasers regarding the physical conditions of the structures offered for purchase.

(Ord. 26248.)

For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended.

(Ord. 26248.)

"Association" is the organization of persons who own a condominium unit or have right of exclusive occupancy in a community apartment.

(Ord. 26248.)

"Common area" is an entire project excepting all units therein.

(Ord. 26248.)

"Community apartment" is an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon.

(Ord. 26248.)

"Community apartment project" is the conversion of an existing structure to a community apartment containing four or more apartments to which there is the right of exclusive occupancy for residential purposes.

(Ord. 26248.)

"Condominium" is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1. An estate of inheritance or perpetual estate.

2. An estate for life.

3. An estate for years, such as a leasehold or subleasehold.

(Ord. 26248.)

A "condominium project" or "residential condominium project" is the conversion of an existing structure to a condominium containing four or more condominiums for residential purposes.

(Ord. 26248.)

"Conversion" is a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or community apartment project regardless of the present or prior use of such land and structures, and whether substantial improvements have been made or are to be made to such structures.

(Ord. 26248.)

"Developer" is the owner or subdivider with a controlling proprietary interest in the proposed project.

(Ord. 26248.)

"Handicapped tenant" is a tenant who is the primary wage earner of a household, or a single person, with any medically determinable physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the home. "Physical or mental impairment" is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(Ord. 26248.)

"Low income," when used by itself or as a modifier of "tenant" or other term, means 80% or less of the current median income as established annually by the U.S. Department of Housing and Urban Development (HUD) for the San José Standard Metropolitan Statistical Area (SMSA) as adjusted for household size.

(Ord. 26248.)

"Organizational documents" are 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.

(Ord. 26248.)

"Project" is a residential condominium project or community apartment project.

(Ord. 26248.)

"Recreational open space" is open space on the project (exclusive of the required front setback area) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) shall have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas may be included as open space.

(Ord. 26248.)

"Unit" is the element of a residential 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 a community apartment project has a right of exclusive occupancy.

(Ord. 26248.)

"Unjust eviction" is an eviction for other than one or more of the following reasons:

1. The tenant has failed to pay the rent to which the landlord is entitled;

2. The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after receiving written notice thereof from the landlord;

3. The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit or to the appurtenance thereof, or to the common areas of the property containing the rental unit, or is creating an unreasonable interference with comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building;

4. The tenant is using or permitting a rental unit to be used for any illegal purpose;

5. The tenant who had a written lease or rental agreement which terminated during any notice period or proceeding under this chapter, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further period with similar provisions, in such terms and for such period as are not inconsistent with or in violation of any provisions of this section or chapter;

6. The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee;

7. The person in possession of the rental unit at the end of the lease or rental term is a subtenant or assignee not approved by the landlord, where the lease or rental agreement requires approval by the landlord of any assignment or subtenancy.

(Ord. 26248.)