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.
(Prior zoning code § 19.84.020; Ord. 2623-99 § 1)
No use permit or special development permit for conversion of
apartment to community housing units shall be approved, nor shall
the conversion of any apartment project to a community housing project
be approved if the total number of units approved for conversion in
the past twelve months has exceeded one hundred seventy-five, unless
a finding can be made that "the conversion will not adversely impact
the community's ability to provide housing for all economic segments
of the community." The vacancy rate shall be evaluated when considering
the finding.
(Prior zoning code § 19.84.030; Ord. 2623-99 § 1; Ord. 2810-06 § 10)
Once annually, the director of community development shall determine,
on the basis of a representative sampling of apartment buildings,
the apartment vacancy rate. 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 use permit or special development permit for conversion to community
housing has been approved, shall be added or subtracted on a unit-for-unit
basis to either increase the apartment vacancy deficiency or reduce
the apartment vacancy surplus.
(Prior zoning code § 19.84.040; Ord. 2623-99 § 1; Ord. 2810-06 § 11)
(b)
In addition to the other requirements of this title, such applications
shall be accompanied by the following:
(1)
The developer agrees to retain and not to sell a block of units equal
in number to the amount by which the apartment vacancy surplus is
exceeded;
(2)
The developer shall not increase rent levels for such retained units
as charged at the time of application, in excess of the annual cost
of living increase published for the housing segment of the San Francisco
Bay Area Consumer Price Index.
(d)
In addition to the other requirements of this title,
such applications shall be accompanied by the following:
(1)
Name, address, age and length of occupancy of every tenant and occupant,
including children, in the project on the date of application;
(2)
Current rents for each unit, along with the date and amount of prior
rent increases for the preceding three-year period;
(3)
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 projected annual operating and maintenance
fees and assessments;
(4)
All organizational documents:
(i)
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
motor homes not exceeding eighteen feet in length, unless approved
storage areas are provided,
(ii)
The declaration of restrictions shall provide for approval by
the city of Sunnyvale prior to any future modification of site plans,
architectural elevations, exterior materials and colors or of any
of the organizational documents,
(iii)
The declaration of restrictions shall require the designation
of a project manager residing in the project or maintaining an office
onsite to represent the association with full powers to enforce the
various provisions of such document;
(5)
A property report prepared by a registered engineer or licensed qualified
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,
onsite 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;
(6)
A structural pest control report prepared within sixty days of the
date of application by a licensed structural pest control operator,
pursuant to Sections 8516, et seq. of the California Business and
Professions Code, or successor section;
(7)
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;
(8)
A statement of any proposed repairs or improvements proposed to be
completed prior to the sale of units, along with a time schedule therefor;
(9)
A soils report, if not previously prepared, in compliance with the
provisions of the Subdivision Map Act;
(10)
A copy of the application to the Department of Real Estate of the
state of California 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;
(11)
Any other information which, in the opinion of the director of community
development, will assist in determining whether the proposed project
will be consistent with the purposes of this title;
(12)
The director of community development 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.
(Prior zoning code § 19.84.050; Ord. 2623-99 § 1; Ord. 2810-06 § 12)
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 all moving costs and
the securing of and paying for comparable replacement housing within
the community for any tenant who has not entered into a contract to
purchase his or her unit or lot, who is displaced on a temporary basis
in order for the developer to perform necessary repairs to a unit
in connection with a conversion shall be assumed in full by the developer.
(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.
(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 use permit or special development permit as issued under the
provisions of this chapter;
(2)
Property report;
(3)
Structural pest report;
(4)
Building history report;
(5)
Soils report;
(6)
Statement of compliance issued by the Real Estate Department of the
State of California, or its successor document relating to operating
and maintenance funds during startup.
(d)
Site Improvements and Amenities. Each of the following site improvements
and amenities shall be complete as of the commencement of sales or
issuance of the final public report by the real estate commissioner:
(1)
A minimum of three hundred cubic feet of weatherproof, lockable storage
space shall be provided for each unit in a location and of a design
as shown on plans approved by the city council, and with hardware
as approved by the director of public safety. Such storage space shall
be in addition to normal kitchen cabinets, pantries or clothes closets.
(2)
Individual hookups shall be provided in each unit to accommodate
washing machines and dryers, unless common facilities, including all
new appliances, are provided on the basis of one washer and dryer
for each five units or fraction thereof.
(3)
All existing and proposed on-site utilities, including communication service and distribution facilities, and electricity service and boundary distribution lines of thirty-four and one-half kV or less, shall be placed underground to the nearest off-site pole, in a manner as prescribed under Chapter 19.38 of this code.
(5)
The following fire prevention and building safety standards shall
be met:
(i)
Developer shall demonstrate that wall and floor/ceiling assemblies
comply with fire wall separation standards, as specified in the Uniform
Building Code;
(ii)
Developer shall demonstrate that wall and floor/ceiling assemblies
conform to the sound insulation performance criteria promulgated in
Title 25, California Code of Regulations, Section 1092 or its successor;
(iii)
A smoke detector of design as approved by the fire prevention
division shall be provided in each unit;
(iv)
Developer shall demonstrate that residential buildings conform to energy conservation standards promulgated in Title 24, Part 6, Article 1, California Code of Regulations, or its successor.
(6)
The following shall be applicable to utility distribution systems:
(i)
Gas and electric service shall be separately metered and billed for
each individual lot or unit;
(ii)
In the case of a community housing project in which units are
not vertically separated by floor/ceiling assemblies, water service
shall also be separately metered and billed for each individual lot
or unit, as well as for all common facilities, the latter being billed
to the association.
(8)
Including domestic appliances, which are determined by the director
of community development to be a source or potential source of vibration
or noise, shall be shock mounted, isolated from the floor and ceiling,
or otherwise insulated in a manner approved by the director of community
development to lessen the transmission of vibration or noise.
(9)
All major appliances provided to individual lots or units shall be
guaranteed to operate properly for a period of one year.
(e)
Compliance with Codes. The design, improvement and construction of
a community housing project shall conform to all requirements of all
building, fire, housing, subdivision and zoning codes, and other applicable
local, state or federal laws or ordinances relating to protection
of public health and safety in effect at the time of the filing of
the use permit or special development permit. Additionally, any violations
of the latest adopted edition of the Uniform Housing Code relating
specifically to provisions protecting health and safety of residents,
as determined by the director of community development following a
walkthrough inspection of each unit and building, shall be corrected
and any equipment or facilities which are found to be deteriorated
or hazardous, shall be repaired or replaced as directed by the director
of community development. The developer shall repair or replace any
damaged or infested areas in need of repair or replacement as shown
in the structural pest report.
(Prior zoning code § 19.84.060; Ord. 2623-99 § 1)
Prior to the sale, lease, use or occupancy of any units or building
of a project as community housing, the developer shall first obtain
a certificate of use and occupancy for each such unit or building.
Such certificate shall be obtained regardless of the previous use,
occupancy or tenancy or whether any changes, alterations or modifications
have been made to any portion of any existing unit or building. Application
for a certificate of use and occupancy for community housing shall
be made to the director of community development upon satisfaction
of each of the foregoing provisions of this chapter.
(Prior zoning code § 19.84.080; Ord. 2623-99 § 1)
