All residential condominium projects and all residential condominium conversions shall comply with the following provisions prior to recordation of the final map.
(a)
Affordable Housing. Except for residential condominium projects and residential condominium conversions of four units or less, the applicant shall agree to rent or sell 20% of the total number of residential units or units to be converted to very low-, lower-, and moderate-income households, as follows:
(1)
Four percent of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to very low-income households;
(2)
Seven-and-one-half percent (7.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to lower-income households;
(3)
Eight-and-one-half percent (8.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to moderate income households.
The units shall remain affordable for 30 years, except that, if the condominium project or condominium conversion is located within a redevelopment project area, the units shall remain affordable for 45 years, if sold to qualifying households, or for 55 years, if rented to qualifying households. The affordable units shall be distributed throughout the project and not concentrated in one location. Fractions of units of 0.5 or greater shall be rounded up to the next highest whole number. For fractions of less than 0.5, the applicant may provide an additional affordable unit or pay in-lieu fees established by the City prior to final map approval. Tenants of the condominium conversion project who are income-qualified shall be given priority to acquire the affordable units, and a lottery shall be used if necessary to determine unit possession. The affordable units required by this section shall be provided in addition to any existing deed restricted affordable units in the project. If the project is subject to the affordable housing requirements of other ordinances or agencies, then the most restrictive requirements shall apply. Prior to approval of the final map, an affordable housing agreement between the applicant and the City shall be recorded to ensure continued affordability of the required affordable units. |
(b)
Association Documents. The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and contracts for the maintenance, management, or operation of any part of the condominium conversion project shall be submitted to the City for review and approval prior to approval of the final map, to ensure that the documents comply with all required conditions of approval. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities, utilities and landscaping; a proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual homeowner's dues. The declaration of covenants, conditions, and restrictions shall also contain the following specific provisions:
(1)
No trailers, boats, or recreational vehicles may be parked on the site;
(2)
Vehicles may only be parked in designated parking areas;
(3)
A provision establishing the obligation and duty of the governing body of the homeowners association to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this Code, any conditions of approval, and all other applicable laws, regulations, and standards;
(4)
A provision for annual assessments for maintenance and for capital improvements;
(5)
CC&R provisions required to comply with the City's conditions of approval may not be modified without the City's consent.
(Ord. 523 § 2, 2007)