16.06 - Conversion of Rental Housing to Community Housing Projects

In addition to all other requirements and procedures as set forth in this code pertaining to conversions, as defined here, the additional requirements provided by this chapter shall also apply.

(Adopted by Ord. 646 on 7/18/1988)

No planned development permit for conversion of apartments to community housing units shall be approved, nor shall the conversion of any apartment project to a community housing project be approved, unless and until there exists at the time of filing of any such application an apartment vacancy surplus as of the most recent determination made pursuant to Section 16.06.030 hereof.

(Adopted by Ord. 646 on 7/18/1988)

Upon application for a conversion, the building official shall determine, on the basis of a representative sampling of apartment buildings, the apartment vacancy rate and the apartment vacancy surplus, if any. Such determination shall be set forth in a written report to the planning commission and city council. New market-priced apartments available to the general public, for which a certificate of use and occupancy has been issued since the last vacancy survey, shall be added on a unit-for-unit basis to either reduce the apartment vacancy deficiency or increase the apartment vacancy surplus. Apartments existing as of the last vacancy survey, for which demolition permits have since been issued, or for which a planned development permit for conversion to community housing has been approved, shall be added to subtracted on a unit-for-unit basis to either increase the apartment vacancy deficiency or reduce the apartment vacancy surplus.

(Adopted by Ord. 646 on 7/18/1988)

A.

A planned development permit, issued under Chapter 17.31 of this code, shall be required prior to the conversion of apartments to community housing units, and prior to the approval of any tentative or parcel map in the furtherance of same, in any zoning district.

B.

When the situation of an apartment vacancy surplus exists as of the most recent determination, pursuant to Section 16.06.030, an application for approval of a planned development permit for conversion of apartments to community housing units may be filed with the city if the number of lots, parcels, units or rights of exclusive occupancy proposed does not exceed the apartment vacancy surplus.

C.

In addition to the other requirements of this title, such applications shall be accompanied by the following:

A tentative subdivision map showing the boundary of the property, the location of all structures, common and private spaces, parking and access, accessory storage areas, trash areas, laundry facilities, utility connections, and the means by which the dwelling units will be divided;

2.

Floor plans and elevations indicating the square footage and number of bedrooms per unit, height, architectural features, and materials of construction;

3.

Name, address, age and length of occupancy of every tenant and occupant, including children, in the project on the date of application;

4.

Current rents for each unit, along with the date, and amount of prior rent increases for the preceding threeyear period;

5.

The approximate proposed sales price of each unit, and the pro forma budget proposed for submission to the California Real Estate Commissioner or similar estimate of project annual operating and maintenance fees and assessments;

6.

All organizational documents:

a.

The declaration of restrictions shall prohibit the unenclosed storage of any vehicle intended for recreation purposes, including land conveyances, vessels and aircraft, but not including attached camper bodies and motorhomes not exceeding eighteen feet in length, unless approved storage areas are provided,

b.

The declaration of restrictions shall provide for approval by the city prior to any future modification of site plans, architectural elevations, exterior materials and colors or of any of the organizational documents,

c.

The declaration of restrictions shall require the designation of a project manager residing in the project or maintaining an office on-site to represent the association with full powers to enforce the various provisions of such documents;

7.

A property report prepared by a registered civil engineer, architect, or qualified licensed contractor describing the physical condition and estimated remaining useful life of each of the various elements of the

project proposed for conversion, including the following: building foundations, roofs, walls, sound insulation, mechanical, electrical and plumbing systems, on-site utilities, heating and air conditioning systems, and fire protection systems, together with recommendations relating thereto in order to assure their continued useful life for a minimum of five years. The report shall also indicate any deviation from the standards of this code, defective or unsafe elements, and proposed corrective measures;

8.

A structural pest-control report prepared within sixty days of the date of application by a licensed structural pest-control operator, pursuant to Section 8516 et seq. of the California Business and Professions Code, or successor section;

9.

A building history report, including the date of construction of all elements of the project and a statement regarding the current ownership of all improvements and underlying land;

10.

A statement of any proposed repairs or improvements proposed to be completed prior to the sale of units, along with a time schedule therefor;

11.

A soils report, if not previously prepared, as required by the provisions of the Subdivision Map Act;

12.

A copy of the application to the department of real estate of the state for issuance of a final public report for the proposed conversion, including all attachments and exhibits thereto required by the department, pursuant to Section 11011 of the California Business and Professions Code, or successor section;

13.

An acoustical report prepared by a qualified acoustical engineer evaluating the noise-attenuation characteristics of existing walls and floor-ceiling assemblies, and the measures required for the building or buildings to meet the standards of this code;

14.

Any other information which, in the opinion of the building official, will assist in determining whether the proposed project will be consistent with the purposes of this title;

15.

The building official may waive the submission of certain of the above factual items if it is demonstrated that such information is not available and cannot be obtained.

(Adopted by Ord. 646 on 7/18/1988)

In addition to the other provisions of this title, each project approved for conversion shall comply with the following minimum requirements:

A.

Prohibition of Discrimination Against Prospective Buyers with Children. Under no circumstances shall a project approved for conversion limit sales to families or individuals without children, unless it is demonstrated that the project as designed and built is not suitable for accommodation of children.

B.

Tenant Protection.

1.

The developer shall provide to each existing tenant an irrevocable, nontransferable, preemptive right to purchase the lot or unit presently occupied, or right of exclusive occupancy for same, at a price no greater than the price offered to the general public for such lot or unit. Such right shall be irrevocable, unless declined in writing, for a period of ninety days after the commencement of sales or issuance of the final public report by the real estate commissioner.

2.

The developer shall offer an extension of tenancy of all existing lease or rental agreements to expire not less than ninety days subsequent to the time of commencement of sales or issuance of the final public report by the real estate commissioner.

3.

The developer shall permit any tenant to terminate any lease or rental agreement without any penalty whatsoever after filing of an application to convert to community housing, provided such tenant notifies the developer in writing thirty days in advance of such termination.

4.

Expenses for temporary relocation, including moving costs and/or costs of comparable replacement housing within the community, shall be assumed by the developer for any tenant required to vacate a unit to permit necessary repairs to a unit in connection with a conversion, and such assumption of costs shall continue until the said repairs have been completed.

5.

An existing tenant's rent shall not be increased during the remaining period of residency from date of application for conversion, in excess of the housing segment of the annual cost of living increase published for the San Francisco Bay Area Consumer Price Index, for the preceding year.

C.

Buyer Protection. The developer shall furnish each prospective purchaser of a lot or unit a true copy of each of the following documents:

1.

The planned development permit, as issued under the provisions of Chapter 17.31;

2.

Property report;

3.

Structural pest control report;

4.

Building history report;

5.

Soils report (where required);

6.

Statement of compliance issued by the real estate department of the state, or its successor document relating to operating and maintenance funds during start-up.

D.

Standards of Construction and Site Improvement. The project shall conform to Chapter 16.05, Condominiums, of this code prior to the commencement of sales of units. Where specific deviation from such standards is permitted by the planning commission or city council, it shall be indicated in the planned development permit of the project.

(Adopted by Ord. 646 on 7/18/1988)