Chapter 5.32 — RESIDENTIAL CONDOMINIUM CONVERSIONS

The conversion of residential structures from individual ownership to condominiums or any other form of multiple ownership interests creates special community problems, both social and economic. Conversions may significantly affect the balance between rental and ownership housing within the City, and, thereby, reduce the variety of individual choices of tenure, type, price, and location of housing; increase overall rents; decrease the supply of rental housing for all income groups; displace individuals and families; and disregard the needs of the prevailing consumer market. The purpose of this chapter is to provide guidelines to evaluate those problems, including the impact any conversion application may have on the community and to establish requirements, which shall be included in any conversion approval. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

This chapter is enacted for the following reasons:

• A. To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;

• B. To protect the rights and reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums, by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;

• C. To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure that is offered for purchase;

• D. To ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

• E. To provide the opportunity for low-and moderate-income persons to participate in the owner-ship process, as well as to maintain a supply of rental housing for low-and moderateincome persons; and

• F. To assure that adequate rental housing is available in the community. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

As used in this chapter, terms and phrases shall have the meaning respectively ascribed:

Apartment Building. A multi-family rental housing complex in which individual residential units are rented or leased rather than owned separately.

Condominium. A dwelling unit as defined in Section 1350 of the Civil Code of the State of California or successor section.

Community Apartment. A dwelling unit as defined in Civil Code Section 1351 or successor section.

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City of San Leandro, CA § 5.32.108

SAN LEANDRO CODE

§ 5.32.116

Stock Cooperative. A dwelling unit as defined in Section 11003.2 of the Business and Professions Code of the State of California or successor section.

Townhouse. A dwelling unit characterized by a separate interest in a building and the land directly beneath it, which may be combined with either an undivided interest in the remainder or easements across common areas.

Tenant or Existing Tenant. A person or persons renting or leasing a dwelling unit in a project as of the date of the mailing by certified mail to the tenant the notice of intention to convert. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

In addition to the applicable requirements and procedures set forth in Chapter 7-1 Subdivision Ordinance of the San Leandro Municipal Code, conversions of existing rental housing to condominiums, townhouses, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this Code. Such conversions also must obtain a use permit pursuant to Chapter 5.08 Use Permits, Variances, and Parking Exceptions. No person shall cause a conversion of the type herein referred to except in accordance with this chapter. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The following procedures and regulations shall apply to condominium conversion applications:

• A. Preliminary Applications. Applicants may submit to the Community Development Department preliminary applications for condominium conversions of residential structures to condominiums. Such applications shall identify the owner or authorized agent, the location and number of units in the building to be converted, and contain information on the vacancy rate of multi-family dwellings of three or more units within the City and the number of tenants who support such a conversion. Data for determining the City's annual multi-family vacancy rate shall be compiled from a variety of sources including, but not limited to, United States Postal Service Surveys, idle utility meter reports, reports from financial institutions, and real estate organizations.

• B. Department Review. The Community Development Department shall review preliminary applications for condominium conversions. Preliminary applications may be accepted for further discretionary review if any one of the following factors exists:

  1. The vacancy rate of multiple-family developments of three or more rental units within the City, as determined by the Zoning Enforcement Official, is equal to or more than five percent, unless the conversion will result in a decrease of the vacancy rate to less than five percent.

  2. Tenants lawfully in possession of 75 percent of the units indicate in writing to the City their desire (one vote per unit) to convert such units to condominium ownership. To qualify under this provision, the applicant shall submit evidence that tenants have been provided with information on all estimated costs, including, but not limited to, the unit cost, down-payment requirements, financing, estimated property management costs, and homeowner association fees. If the conversion is approved, the developer shall provide information to the City on the number of tenants who

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City of San Leandro, CA

ADMINISTRATION

§ 5.32.116

§ 5.32.120

actually purchased their unit. If at any time during the conversion approval process, a sufficient number of tenants decide not to purchase, or if misrepresentation is discovered, the Planning Commission shall have sufficient grounds for recommending denial of the use permit application.

3. The applicant agrees to sell or rent at affordable prices 25 percent of the units to lowand moderate-income households, with a minimum of 20 percent of the units affordable to low-income households. If the units are to be made available for purchase, the maximum sales price of units intended for low-or moderate-income households shall not exceed two and one-half times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent, the maximum rent allowed shall preserve the units within the low-or moderateincome housing stock.

ce of units intended for low-or moderate-income households shall not exceed two and one-half times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent, the maximum rent allowed shall preserve the units within the low-or moderateincome housing stock.

• C. Application for Conversion Required. No person shall convert or cause the conversion of an apartment building to a condominium without approval of a condominium conversion application by the Planning Commission, or, upon referral, the City Council.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

After preliminary applications are accepted for further discretionary review, the applicant shall submit all the information required for a use permit application, and a tentative map pursuant to this Code. In addition, the applicant shall submit information documenting that the project as a whole will be in good repair on the interior and the exterior when offered for sale. As part of the material necessary for the City to determine this to be the case, the reports and/or information required by this section shall be submitted. The cost of all reports shall be paid by the applicant, and the persons preparing the reports shall be approved by the City. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval to the extent specified in the condominium conversion approval.

The applicant shall be responsible for the remedy of physical conditions within individual units or common areas noted by a prospective purchaser and/or tenant, which have been missed by inspections or which occur subsequent to the inspections but prior to the close of escrow. In case of disagreement between the applicant and the prospective purchaser as to the actual condition, remedy, or cause of deterioration, the burden of proof shall be that of the applicant.

• A. Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted, containing the following:

  1. A report by a California-licensed structural or civil engineer detailing the structural condition, useful life, and any apparent deferred maintenance of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, fire protection, drainage facilities, and parking conditions and potential problems. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 5.32.120

§ 5.32.120

2. A report by a California-licensed appliance repair contractor detailing the age, condition, expected size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed.

3. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Such report shall be updated within six months after the close of escrow, and any infestation shall be remedied prior to sale.

4. Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures.

5. A report by a California-licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces, and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used.

6. A report by a California-licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new roof material will be applied may take the place of such report. Such statement shall include the type, grade, and color of the proposed roofing material.

7. A declaration of the covenants, conditions, restrictions, and rules and regulations, which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking and storage areas; a description of all land or building area to be owned in common; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit.

8. Specific information concerning the demographic and financial characteristics of the project, including, but not limited to, the following:

   • a. Property boundaries, building floor plans, and proposed uses of space;

   • b. The square footage and number of rooms in each unit;

   • c. The rental history for each unit for the three-year period preceding the date of the application;

   • d. The monthly vacancy rate for each month during the preceding three years;

   • e. A complete list of the number and names of tenants and tenant households in the project, including the following information:

     • i. Households with persons 62 years or older;

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ADMINISTRATION

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§ 5.32.120

• ii. The family size of households, including a breakdown of households with children five years and younger and six through 18 years;

• iii. Households with handicapped persons;

• iv. The length of residence;

• v. The age of tenants; and

• vi. The designation of low- and moderate-income households and whether any are receiving federal or state rent subsidies.

When the subdivider can demonstrate that demographic information is not available, the Zoning Enforcement Official may modify this requirement.

  - vii. The proposed price of each of the units; 

  - viii. The proposed homeowners' association budget, detailed to included fixed costs, operating costs, reserves, administration, and contingencies; and 

  - ix. A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents; 

  - x. A list of tenants who express interest in purchasing on these terms; 

  - xi. A copy of the notice of intention to sell or lease as filed with the California Department of Real Estate under the provisions of Business and Professions Code Section 11010, et seq., or successor section. 

9. a. Signed copies from each tenant of the notice of intent to convert, as specified in this chapter. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted.

   • A statement that all tenants have been notified of the following:

   • i. Name, address, and telephone number of the applicant and of any person designated by the applicant as the person to be contacted for further information;

   • ii. The address and telephone number of the City of San Leandro Community Development Department;

   • iii. A statement that an application is proposed to be filed for a condominium permit authorizing the conversion of such building, and a brief description of the conversion process, including City and state approval required;

   • iv. Notification to tenants that, upon filing an application, the building and selected units will be inspected by City representatives;

   • v. A description of all rights, benefits, and privileges accruing to tenants pursuant to this Code, Chapter 7-1 of the San Leandro Municipal Code, the State Subdivision Map Act, and any other state law.

• c.

• The application shall be supplemented with the following information:

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City of San Leandro, CA

SAN LEANDRO CODE

§ 5.32.120

§ 5.32.124

  - i. Any correspondence between tenants and the applicant regarding the proposed conversion; 

  - ii. Any additional information deemed necessary by the City to clarify any issues arising during the review of the application regarding the economic feasibility of the project. 

• B. Acceptance of Reports. The final form of the physical elements report and other documents shall be approved by the Planning Commission. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested person.

• C. City Inspection. The City retains the right to inspect the structures and facilities for verification of any physical elements reports. In addition, the City may, if it deems necessary, prepare a report recommending appropriate actions, including, but not limited to:

1. Correction of City code violations;

   2. Achievement of conformance with current provisions of City codes;

   3. Rehabilitation of the structures, common areas, and other related facilities to substantially new condition;

   4. An increase in the energy and noise insulating qualities of the structures to that substantially required by current provision of the City codes.

• D. Referral to School District. All applications for conversions of more than 30 units may be referred to the appropriate school district for comment at least 10 days prior to the public hearing.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Compliance with Zoning, Building, Housing, Mechanical, and Fire Codes. All units, as well as the common ownership facilities, shall be brought into compliance with applicable state and local zoning, building, housing, mechanical, and fire codes upon approval by the Zoning Enforcement Official and prior to recordation of the final map or parcel map, and funds shall be adequately escrowed to assure completion of such corrective work prior to the closing of escrow of any unit in the project.

• B. Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 4.08 Off-Street Parking and Loading Regulations.

• C. Sound Transmission Characteristics and Energy Conservation. The following methods shall be used to regulate noise transmission:

  1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the Zoning Enforcement Official to be a source of structural vibration or structure-borne noise shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Zoning Enforcement Official.

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City of San Leandro, CA

ADMINISTRATION

§ 5.32.124

§ 5.32.124

2. Noise Mitigation and Energy Conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes, in accordance with Title 24 of the California Administrative Code, as amended, and in effect on the date building permits are issued for condominium conversion rework. Common walls and common floor ceiling between units shall be constructed to meet a sound transmission coefficient (STC) rating of 55 or higher.

• D. Fire Protection.

  1. Smoke Detectors. Every dwelling unit shall be provided with an AC-powered smoke detector approved by the State Fire Marshal. Installations shall comply with Uniform Building Code Section 1210(a).

  2. Sprinkler and Other Systems. A sprinkler system, fire alarm, and other fire protection devices shall be installed as required by the Municipal Code.

• E.

Utilities: Location, Metering, and Alternative Energy.

1. Location. Each dwelling unit shall be served by gas and electric services completely within the lot lines or ownership space of each separate unit. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where lateral service connections shall take place.

2. Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.

3. Metering. Each dwelling unit shall be separately metered for gas and electricity. Individual panel boards for electrical current shall be provided for each unit. A plan for the equitable sharing of communal water metering and other shared utilities shall be included in the covenants, conditions, and restrictions.

4. Alternative Energy. The applicant shall consider the use and implementation of alternative energy sources including, but not limited to, the conversion of a common water system to solar hot water heating and the installation of passive solar design features.

• F. Laundry Facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

• G. Condition of Equipment and Appliances. At such time as the homeowners' association takes over the management of the condominium project, the applicant shall provide a oneyear warranty to the association that any pool and/or spa and pool and/or spa equipment (filter, pumps, and chlorinator), and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwellings and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation in a safe and workmanlike manner. Such warranty shall be offered by an independent homeowner's warranty service licensed by the California Insurance Commission.

• H. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures,

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City of San Leandro, CA § 5.32.124

SAN LEANDRO CODE

§ 5.32.128

carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Commission shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

• I. Contingency Fees. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the applicant shall convey to the homeowners' association's contingency fund a minimum fee of $200.00 per dwelling unit. When 50 percent or more of the total units in the project have been sold, the applicant shall convey, within 30 days, such fee for each of the unsold units. Such funds shall be used solely and exclusively as a contingency fund for emergencies, which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024; Ord. 2024-011, 7/15/2024)

Applications for condominium conversions shall include the following procedures as they relate to tenant notification:

• A. Notices of Intent. A notice of intent to convert shall be delivered to each tenant at least 60 days prior to filing the application for a use permit and a tentative map. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be in the form outlined by Section 66452.9 of the California Government Code, and shall contain not less than the following:

  1. The name and address of the current owner;

  2. The name and address of the proposed subdivider;

  3. The approximate date on which the application and tentative map are proposed to be filed;

  4. The approximate date on which the final map or parcel map is to be filed;

  5. The approximate date on which the unit is to be vacated by non-purchasing tenants;

  6. The tenant's rights of:

     • a. Purchase;

     • b. Notification to vacate; and

     • c. Termination of the lease.

  7. A statement of no rent increase;

  8. Provisions for special cases;

  9. The provision of moving expenses and the tenant's right to claim any penalty imposed if timely payment is not made;

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City of San Leandro, CA

ADMINISTRATION

§ 5.32.128

§ 5.32.128

10. The anticipated price range and terms of sale for each type of unit;

11. The proposed homeowners' association fees;

12. A statement of the types of financing programs to be made available, including any proposed specific incentive programs for existing residents; and

13. A copy of the applicable condominium conversion regulations.

• B. Notification to Tenants.

  1. Mailing. Two separate stamped, pre-addressed envelopes for each resident of each unit shall be furnished to the Community Development Department by the applicant at the time the subdivider submits an application for a use permit for a conversion. The Community Development Department shall use one envelope to notify the residents by mailing a copy of the public hearing notice to tenants not less than 10 days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The second envelope shall be used by the Community Development Department to notify the residents of the results of the public hearing by mailing notification of the decision of the Planning Commission not more than seven days following the Planning Commission's action. Failure of the Community Development Department to mail such notice shall not invalidate any proceeding or action taken by the City in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant.

an seven days following the Planning Commission's action. Failure of the Community Development Department to mail such notice shall not invalidate any proceeding or action taken by the City in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant.

2. Notices to Prospective Tenants. Commencing with the date of the notice provided for in Subsection A, any prospective tenants shall be notified in writing by the subdivider or his or her agent of the intent to convert prior to leasing or renting any unit pursuant to Section 66452.8 of the California Government Code.

3. Posting Notices. The notice of intent shall be posted on-site in at least one location readily visible to tenants.

• C. Tenant's Purchase Rights. The irrevocable right and option to purchase the unit, which such tenant is renting or leasing prior to offering said unit to any other person or the public in general upon the same or more favorable terms and conditions, as said unit shall be offered to any other person or to the public in general. Said rights and option shall be effective, irrevocable, and exclusive for not less than 90 days after commencement of sales of units in the project to the public in general or issuance of the final report of the California Department of Real Estate relating to such project, whichever occurs later, unless the tenant gives prior written notice of his or her intention not to exercise the right.

The above described right and option afforded to tenants shall also be afforded to the City, to purchase any or all of the units not rented or leased to existing tenants.

• D. Tenants' Discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant and shall be ratified by the applicant at the time of conversion.

• E. Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the

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City of San Leandro, CA § 5.32.128

SAN LEANDRO CODE

§ 5.32.132

rental agreement or lease under which the subject unit is occupied, shall have not less than 180 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's written notice at any time after a conversion application.

• F. No Increase in Rent. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place.

• G. Remodeling. Tenants retain the right not to allow the unit such tenant is occupying to undergo remodeling or refurbishing, without the consent of such tenant, after notice of intention to apply for a condominium permit has been given.

• H. Special Cases.

  1. All non-purchasing tenants 62 years old or older and all non-purchasing, medically proven, permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for two years after the filing of the project application.

  2. The following non-purchasing tenants shall receive a minimum of 12 months' relocation time, measured from the tentative map approval, to find replacement housing:

     • a. Tenants with low or moderate incomes; and

     • b. Tenants with minor children in school.

• I. Moving Expenses. The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited.

• J. Relocation Assistance. Relocation assistance shall be provided by the subdivider to nonpurchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be posted on-site, dated, and provided to the Community Development Department.

• K. Discrimination. No discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

In reviewing requests for the conversion of existing apartments to condominiums, the Planning Commission shall consider the following:

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City of San Leandro, CA

ADMINISTRATION

§ 5.32.132

§ 5.32.140

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

• B. The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low- and moderate-income households;

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

• (Ord. 2020-002 § 4)

Consistent with the requirements of Section 65915.5 of the California Government Code, the City shall offer a density bonus to qualifying condominium conversions. Any density bonus provided under this section shall be governed by the requirements of Chapter 6.08 Residential Density Bonus.

• (Ord. 2001-015 § 1; Ord. 2004-017 § 1; Ord. 2020-002 § 4; Ord. 2022-022 § 3)

The Planning Commission shall conduct a public hearing on the application for a use permit for a condominium conversion. Notice of the hearing shall be given in the manner specified in Section 5.08.116 Notice and Public Hearing. Additionally, such notice shall be mailed to each tenant of the proposed project including a statement therein of the tenants right to appear and be heard. The Planning Commission shall approve, or conditionally approve, the use permit if it determines that in addition to the findings required by Section 5.08.124 Required Findings the following requirements are met:

• A. That all the provisions of the Subdivision Map Act, this Code, and other applicable provisions of the Municipal Code are met;

• B. That the proposed conversion is consistent with the General Plan goal of maintaining a reasonable balance of rental and ownership housing, and meets the requirements of the adopted Housing Element and any applicable specific plan;

• C. That the proposed conversion will conform to the provisions of this Code in effect at the time of approval, except as otherwise provided in this section;

• D. That the overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, useful life, and safety;

• E. That the proposed conversion will not displace a significant percentage of low-or moderateincome, permanently or totally disabled, or senior citizen tenants, or delete a significant number of low-and moderate-income rental units from the City's housing stock at the time when no equivalent housing is readily available in the San Leandro area;

• F. That the relocation program will reduce the adverse effect of the project on tenants by providing actual or reasonable costs of relocation or by alternative assistance to assure that undue hardship is not imposed on such tenants;

• G. That the project will provide offsetting benefits that constitute reasonable compensation for

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City of San Leandro, CA § 5.32.140

SAN LEANDRO CODE

§ 5.32.156

the replacement of rental housing lost as a result of the project; and

• H. That the dwelling units to be converted have been constructed and used as rental units for at least three years prior to the application for conversion.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. If, upon conclusion of a public hearing, the Planning Commission determines that a particular application raises significant City policy issues, it may refer the application to the City Council along with its recommendations and report and an identification of the impacts or issues, which it believes would be considered by the City Council.

• B. Upon referral from the Planning Commission, the City Council may either accept the recommendation of the Planning Commission or hear and decide the matter in accordance with the provisions of this chapter.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Condominium conversions involving four residential units or less shall be subject to a use permit and shall be subject to the findings required for use permits in Section 5.08.124 Required Findings. No portion of this chapter shall pertain to the conversion to condominiums of four residential units or less.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Decisions of the Planning Commission may be appealed to the City Council in accord with Chapter 5.20 Appeals.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. It shall be unlawful for any person to evict or cause to be evicted any tenant where the dominant purpose of such eviction is retaliation against the tenant for the exercise or attempted exercise of any right granted under this chapter or for the peaceful and lawful opposition by such tenant to the proposed conversion of the multiple-unit rental project within which such tenant resides.

• B. Each of the following acts or omissions shall constitute a separate defense to any unlawful detainer action:

  1. Failure of the applicant to comply with the provisions of Section 5.32.120 Required Reports and Information and/or Section 5.32.128 Tenant Rights, Benefits, and Notification.

  2. Failure of the applicant to provide the notice required by Government Code Section 66427.1(a).

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA