9.04.16.02.010 Condominium conversions.


Except for Tenant Participating Conversions processed in conformance with Article XX of the City Charter, no condominium conversion shall be approved unless:
(a) Removal of residential units from the rental market has been approved by the Rent Control Board through issuance of a certificate of exemption or removal permit when required.
(b) Tenants have been given a Tenant's Notice of Intent to Convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with the City Planning Division, such notice to be given by the applicant and contain information as to tenants' rights under state and local regulations.
(c) A Notice of Pending Application to Convert has been filed with the City Planning Division prior to the filing of a Tentative Subdivision Map and Conditional Use Permit Application. The notice shall include a copy of the Tenants' Notice of Intent to Convert and a Building Condition and History Report prepared by a Building Inspection Service or similar agency acceptable to the Building Officer and Fire Marshal. The report shall contain such information set forth on forms to be provided by the Director of Planning, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out and an estimated time schedule, the present rent schedule including type and length of tenancy, the estimated prices of the converted units, a copy of the proposed CC & Rs, and a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating and specific plans for assisting in relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this Report together with the CC & Rs.
(d) Within sixty (60) days after the filing of a Notice of Pending Application to Convert the City Planning Division has prepared and delivered to the applicant a Conversion Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations. No application for Tentative Subdivision Map or Conditional Use Permit shall be accepted for filing prior to preparation of a Conversion Report.
(e) Tenants have been notified in writing of all public hearings in connection with an application for conversion and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.
(f) The structural, electrical, fire, and life safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Officer.
(g) The structure presently has, or is intended to have plumbing in sound condition, insulation of all water heaters, and where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, and such other requirements as may be imposed as a condition of approval.
(h) Written notice of not less than one (1) year from the date of tentative approval has been given to all residential tenants to locate alternative housing.
(i) For residential conversions, the Planning Commission, or City Council on appeal or review, determines that:
(1) The conversion is consistent with the General Plan.
(2) The vacancy factor of rental housing units in the City has exceeded 50f the total rental housing inventory for a period of 90 days prior to the date of approval. In calculating the vacancy factor, the Commission, or the City Council on appeal, shall consider the best available data, including, but not limited to, studies by state and city agencies including the Rent Control Board and data compiled by the Southern California Association of Governments. Existing rental units may be approved for conversion regardless of the vacancy factor where the Commission determines that a new rental unit has or will be added to the City's housing inventory for each rental unit removed through conversion.
(3) The subdivider has complied with such other requirements or conditions as the Planning Commission, or City Council on appeal, shall believe necessary or appropriate.
(j) No conversion of rental units to market-rate condominiums or cooperatives shall be permitted until the rental units demolished or converted in 1978 and 1979 are replaced. (Prior code § 9061.1)