The city council finds that the existing stock of rental housing
provides the majority of housing opportunities for lower and moderate
income households, and that reduction of this stock is incompatible
with the goals expressed in the housing element of the general plan.
The city council also finds that the conversion of rental units to
condominiums, stock cooperatives and community apartment projects
often results in the displacement of lower and moderate income households
and that the mitigation of such action is desirable and consistent
with the goals expressed in the housing element of the general plan.
The city council also finds that conversions of residential, commercial
and industrial rental units to ownership units shall not be approved
unless such conversions are found to be consistent with the general
plan of the city and in compliance with all applicable provisions
of this code.
(Ord. 885 § 2, 1982)
No conversion of a structure creating less than five condominium
units shall be approved.
(Ord. 885 § 2, 1982)
The conversion of a residential structure to a community housing
project shall only be approved when the vacancy rate of multiple-family
dwelling units, within the city, as determined by the director of
community development, is more than five percent. If the vacancy rate
exceeds five percent, the number of units allowed for conversion shall
be restricted on an annual basis as follows:
A.
On
or before June 30th of each year, the director of community development
shall determine the number of all multiple-family dwelling units within
the city and the vacancy rate of those units. The number of dwelling
units available for conversion into units of a community housing project
in the fiscal year beginning on July 1st following said report shall
not exceed the number which would reduce the vacancy rate to five
percent. The burden of proof shall be on the applicant.
B.
Date
for determining the city’s annual multiple-family vacancy rate
shall be compiled from a variety of sources including, but not limited
to, U.S. Postal Service surveys, idle utility meter reports, reports
from financial institutions and real estate organizations and U.S.
Census Bureau data.
(Ord. 885 § 2, 1982)
A.
The
provision of this chapter shall not apply to the conversion of residential
structures to limited-equity housing cooperatives.
B.
Only the provision of Sections 19.80.020, 19.80.060, 19.80.130, 19.80.140, 19.80.150, 19.80.160, 19.80.220, 19.80.230, 19.80.240 and 19.80.260 of this chapter and applicable tenant notice provisions contained in the California Government Code shall apply to the conversion of nonresidential buildings to condominium, stock cooperative, or membership association projects.
(Ord. 885 § 2, 1982)
Complete applications for conversions of residential structures to community housing projects may be submitted within a two-month period once each fiscal year between the first working day in October and the last working day in November in the same fiscal year. The annual number of units approved for conversion shall not exceed the total determined in Section 19.80.030. These applications must contain all information required for a tentative map application pursuant to this chapter.
(Ord. 885 § 2, 1982)
The director of community development shall rank each group
of applications in accordance with a formula based upon the following
criteria:
A.
The
extent to which the proposed conversion will provide housing opportunities
for persons of all income levels in the community;
B.
The
extent to which the proposed conversion’s deleterious effect
on occupying tenants will be mitigated by relocation assistance and
other assistance provisions by the applicant;
C.
The
extent to which the building is suitable, on the basis of its physical
condition and other amenities, for conversion to a community housing
project.
(Ord. 885 § 2, 1982)
Applications will be rejected unless it is demonstrated that the proposed project will meet minimum requirements specified herein with respect to the criteria in Section 19.80.051, subsections (A) through (C).
(Ord. 885 § 2, 1982)
The planning commission and city council shall consider the
highest ranking acceptable applications, the total units not to exceed
the annual conversion limitation. The city council may approve applications
from those presented. The total units in such approved applications
shall not exceed the annual limitation.
(Ord. 885 § 2, 1982)
Upon written request, the applicant shall receive from the director
of community development a written explanation of the rank given to
the conversion application.
(Ord. 885 § 2, 1982)
Upon written request, the applicant shall receive from the director
of community development a written explanation of the reasons for
rejection of the conversion application.
(Ord. 885 § 2, 1982)
Upon request, the applicant shall receive from the director
of community development written information concerning the process
for appeal of the ranking or denial of the conversion application,
which process shall be as follows:
A.
The
applicant shall file a written appeal with the city council within
fifteen days after the date of the decision of the director of community
development.
B.
At
the regular meeting immediately following receipt of said appeal,
the city council shall set a date to hear said appeal. The date for
the hearing shall be within thirty days of the filing of the appeal.
C.
Notice
of such appeal shall be given to the director of community development,
and a written report shall be submitted by the director of community
development to the city council setting forth the reasons for his
action and, in addition, the director of community development shall
appear before the city council at the hearing on said appeal.
D.
The
city council shall render its decision within thirty days after the
filing of such appeal.
(Ord. 885 § 2, 1982)
A.
Not
less than sixty days prior to the filing of a tentative map, the applicant
shall provide tenants and prospective tenants of any structure which
is to be the subject of a “condominium conversion,” as
defined in this title, with notice as required by Section 66452.8
or 66452.9 of the Government Code, as applicable. In the case of nonresidential
conversions, the notice shall be in the form set forth below:
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To the (Tenant(s)/Prospective Tenant(s)) of
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_________________________________________________
(address)
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The owner(s) of this building, at (address), (has filed/plans
to file) a tentative map with the City of South San Francisco to convert
this building to a (condominium, membership association, or stock
cooperative project.) No units may be sold in this building unless
the conversion is approved by the City. If you (are/become) a tenant
in this building you have the right to appear and the right to be
heard at any such hearing. Notice of such hearing shall be published
pursuant to Government Code Section 66451.3.
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_________________________________________________
(Signature of owner or owner’s agent)
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_________________________________________________
(Dated)
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I have received this notice on ___________________ (Date)
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_________________________________________________
(Tenant or Prospective Tenant’s signature)
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B.
In addition to the requirements in subsection A of this section, an applicant for conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project shall provide tenants, and prospective tenants, of the structure which is proposed to be converted with the notice required in Section 66427.1 of the Government Code.
C.
The
sixty-day notice required by Government Code Section 66427.1(a) shall
further specify:
1.
That
the tenant will be permitted to terminate any lease or rental agreement
without penalty upon notifying the subdivider in writing thirty days
in advance of such termination unless otherwise provided in a written
lease;
2.
That
no existing tenant’s rent will be increased from the level that
existed three months prior to the date of application for a tentative
map until tenant purchase of the unit, or tenant relocation, takes
place, or the tentative map application is approved or denied, whichever
is later. This period shall not exceed twelve months. The tenant may
credit the amount of any rent paid in excess of the allowable rent
to the rental payment(s) immediately following the approval of the
tentative map. Any rent increase following the twelve-month period
shall not exceed six percent per year;
3.
The
tenant shall be notified of the availability of financing for initial
purchase and for unit resale;
4.
That the provisions for relocation assistance and/or special group considerations specified in Section 19.80.170(A—F) are applicable;
5.
That no tenant will be evicted during a period beginning with the date of application for tentative map and ending one hundred twenty days after the issuance of the notice of termination of tenancy or during the term of a lease required by Section 19.80.170 of this chapter, except for the following reasons:
(Ord. 885 § 2, 1982; Ord. 903 § 11, 1982)
Each tenant of a conversion project which will change a residential
structure to a community housing project shall be given one-hundred-eighty-days’
notice of intention to convert prior to termination of his or her
tenancy. The subdivider shall, at his/her discretion, establish the
date of issuance of the notice of intention to convert.
(Ord. 885 § 2, 1982)
The one-hundred-eighty-day notice of intention to convert required
by Section 66427.1(c) of the Government Code shall apply to existing
and subsequent tenants of units to be converted. Each person who becomes
a tenant of a unit for which a one-hundred-eighty-day notice of intention
to convert has already been issued shall be informed and given a copy
of said notice before entering into any written or oral rental agreement.
At that time, such tenant shall also receive, in writing, notification
of the number of days remaining before the expiration of the notice
of intention to convert previously issued.
(Ord. 885 § 2, 1982)
The ninety-day right of first refusal referred to in Government
Code Section 66427.1(d) shall terminate no later than the expiration
date of the notice of intention to convert.
(Ord. 885 § 2, 1982)
A notice to quit, as authorized by Civil Code Section 1946,
must be served after the expiration date of the notice of intention
to convert.
(Ord. 885 § 2, 1982)
Any person who moves into a unit after any or all notices required
by this section have been issued shall receive copies of all notices
before entering into any lease or rental agreement.
(Ord. 885 § 2, 1982)
Developer shall provide city with a declaration under penalty
of perjury that each tenant has been served with all notices required
by this chapter and applicable state law.
(Ord. 885 § 2, 1982)
The planning commission and city council shall adhere to the
following general requirements in their review and approval or disapproval
of tentative maps:
A.
No
map shall be approved without a finding by the approving body that
the proposed subdivision, together with the provisions of its design
and improvements, is consistent with the general plan of the city,
along with applicable specific plans, the housing element of the general
plan and applicable portions of this code. A proposed subdivision
shall be deemed to be consistent with those authorities only if the
proposed subdivision or land use is compatible with the objectives,
policies, general land uses and programs specified in such authorities,
including the objectives of providing affordable housing for all economic
segments of the community. In making such determination, the city
council may consider such facts relevant to the public health, safety
or welfare as may appear in each particular case.
B.
No
tentative map shall be approved unless the city council first finds
that all of the provisions of Section 66427.1 of the Government Code
have been or will be met by the applicant.
C.
A tentative
map shall be disapproved if any of the following findings are made:
1.
That the tentative map is not consistent with applicable authorities as set forth in Section 19.80.130(A);
2.
That
approval of the tentative map would be inconsistent with the intent
of this chapter;
3.
That
the site is not physically suitable for the proposed density of the
development;
4.
That
the design or proposed improvements of the subdivision are likely
to cause or sustain substantial environmental damage as defined by
Section 21000 et seq. of the Public Resources Code;
5.
That
there is an insufficient supply of affordable replacement units in
the city available to tenants who will be displaced as a result of
the conversion; or
6.
The
application does not comply with any other provisions of this chapter,
the Subdivision Map Act or other related state or local laws.
(Ord. 885 § 2, 1982)
Each condominium conversion shall meet all current requirements
of Title 15, Title 19 and Title 20 of this code. The director of public
services shall review all proposals for condominium conversions to
determine their degree of compliance with Title 15 and shall report
his findings to the city council and planning commission.
(Ord. 885 § 2, 1982)
The city council may impose conditions on its approval which
would require that specified modifications be made to bring a structure
and site into compliance with applicable portions of this code.
(Ord. 885 § 2, 1982)
The subdivider shall provide the director of community development
with the following information necessary to evaluate the conversion:
A.
A report
prepared and signed by a qualified civil or structural engineer hired
by the city and paid for by the subdivider indicating the extent to
which structural condition of all buildings and structures in the
project comply with Title 15 of this code and listing and describing
any deficiencies relating to that title. The statement shall include
a description and evaluation of the items listed below. The statement
shall also include recommendations for repair or replacement of any
item or conditions requiring it and specific notification of any and
all conditions presenting a potential danger or hazard or contributing
to deterioration of the structure. Acceptability of the statement
shall be determined by the director of public services and the fire
chief:
1.
Type
and age of construction,
2.
Walls,
interior and exterior,
5.
Roof,
6.
Walks,
7.
Garaging,
8.
Insulation
and soundproofing,
9.
Fire
detection system,
10.
Trash disposal,
11.
Tiling,
12.
Fixtures and appliances,
13.
Drainage,
14.
Landscaping,
15.
Swimming pools, saunas, fountains,
16.
Driveways,
17.
Walls and fences,
18.
Stone or brickwork,
19.
Heating,
20.
Air-conditioning,
21.
Fireplaces,
22.
Floors,
23.
Laundry facilities,
24.
Exterior lighting,
25.
Deferred maintenance,
26.
Windows,
27.
Building foundation,
28.
Sanitary sewers and cleanouts,
29.
Stairs and railings,
30.
Fire extinguishing systems,
31.
Addressing;
B.
Other
information pertinent to the proposed conversion as required by the
planning commission or city council;
C.
A maintenance
and upkeep plan shall be submitted including a proposed budget and
a reserve account for long-term maintenance;
D.
In
the case of conversion of a residential structure to a community housing
project, tenant information as listed in a tenant profile form, developed
by the director of community development and reviewed annually by
the planning commission and city council.
(Ord. 885 § 2, 1982)
In the case of a conversion of a residential structure to a
community housing project, an adequate relocation assistance plan
shall be prepared by the applicant which indicates how the applicant
will assist tenants who are displaced, or will be displaced, in securing
decent, safe, sanitary and affordable replacement housing, not higher
in cost than the rent of the existing unit being converted. This plan
must include a specific commitment by the applicant to provide:
A.
Lease
agreements in the building being converted for all low and moderate
income elderly and handicapped tenants that will begin on the expiration
date of the notice of intention to convert and remain in effect for
a minimum of forty-eight months;
B.
Lease
agreements in the building being converted for low income tenants
that will begin on the expiration of the notice of intention to convert
and remain in effect for a minimum of twenty-four months;
C.
Lease agreements in the building being converted for moderate income tenants and for all elderly tenants not included in subsection A above that will begin on the expiration date of the notice of intention to convert and remain in effect for a minimum of twelve months;
D.
Lease
agreements in the building being converted for other handicapped persons
that will begin on the expiration date of the notice of intention
to convert and remain in effect for a minimum of twelve months;
E.
Lease
agreements in the building being converted for tenants with children
(under eighteen years old) that will begin on the expiration of the
notice of intention to convert and remain in effect for a minimum
of twelve months, provided that such agreements shall not result in
the termination of a tenancy until at least one month after the end
of a school year;
F.
Lease
agreements in the building being converted for tenants who are full-time
students that will begin on the expiration of the notice of intention
to convert and remain in effect until at least one month after the
end of the then-current school year;
G.
Relocation
assistance including, but not limited to, active assistance in securing
replacement housing for tenants who will be displaced and a minimum
payment of two thousand dollars to each household for displacement
costs.
(Ord. 885 § 2, 1982)
The provisions of the relocation plan shall apply to all tenants
(a) who are occupants of the building on the date of filing of the
tentative map with the city, or (b) who became tenants before the
date of issuance of the Department of Real Estate subdivision public
report and who resided in the building for ninety or more days prior
to the issuance of that report. All relocation payments shall be made
within thirty days of termination of tenancy, or if hardship exists,
as determined by the director of community development, upon the vacation
of the unit. Applicant must further agree that:
A.
In the event that a tenant qualified for more than one of the provisions for extended leases, pursuant to Section 19.80.170(A—F), the tenant may choose from the applicable lease terms which shall apply;
B.
Rent increases on units with extended leases as provided in Section 19.80.170(A—F) shall be limited to six percent per twelve-month period;
C.
Tenants receiving lease extensions (as in Section 19.80.170(A—F)), may be evicted only for the reasons specified in Section 19.80.060(F) of this chapter. This provision shall run for the duration of the lease.
(Ord. 885 § 2, 1982)
In the case of a proposed conversion of a residential structure
to a community housing project, in order to reduce the number of tenants
being displaced, the subdivider shall consider providing incentives
that would aid tenants in becoming owners/shareholders in the converted
project. Any such incentives, including terms and conditions, shall
be documented and filed with the application to convert.
(Ord. 885 § 2, 1982)
In the case of a proposed conversion of a residential structure
to a community housing project, in order to mitigate the impact of
displaced tenants on the community surrounding the conversion and
meet the city’s Fair Share responsibilities, the subdivider
shall pay housing replacement fees for lower and moderate income households
as follows:
A.
The
applicant shall pay into a city trust fund a fee of five thousand
dollars, or five percent of the purchase price, whichever is greater,
for each dwelling unit converted in each project to be appropriated
by the city council to be utilized to provide replacement housing
and otherwise support objectives of the housing element of the general
plan.
(Ord. 885 § 2 (part,)
1982)
In addition to the requirements of this chapter, applications for a condominium conversion shall be processed in accordance with the provisions of Title 19 of this code relating to standard subdivisions and shall be subject to all of the same requirements as a new condominium project (including permits and fees due) under that title.
(Ord. 885 § 2, 1982)
The following findings must be made prior to approval of the
final map:
A.
That
each of the tenants will be notified within thirty days of the issuance
of the Department of Real Estate subdivision public report, and at
that time each tenant will be notified that no remodeling of the interior
of tenant-occupied units shall begin until at least ninety days after
issuance of said report, provided that this provision shall not prevent
repairs necessary to protect the health, safety or welfare of the
occupants of such units as required by applicable portions of Title
15 or Title 20 of this code;
B.
That
a notice to prospective buyers has been completed and will be made
available to all prospective buyers, including existing tenants, which
notice shall include, but not be limited to, the following:
1.
The information and reports referred to in Section 19.80.060 and supplementary reports indicating steps taken to correct any deficiencies noted in the prior reports,
2.
Estimated
future property maintenance costs and proposed first-year and long-range
budget,
3.
Estimated
homeowner association or management fees,
4.
A
notice stating that the covenants, conditions and restrictions (CC&Rs),
or equivalent document, shall contain on the first page thereof in
type as large as any type used in the CC&Rs, a notification in
substantially the following terms:
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“NOTICE
THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDING. READ IT CAREFULLY.
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE YOU ON REAL ESTATE MATTERS.
IF YOU DESIRE LEGAL ADVICE, CONSULT AN ATTORNEY.”
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C.
That
a notice of rescission will be made available to all prospective buyers
stipulating a ten-day period following the execution of any agreement
to purchase, during which period prospective buyers may cancel a purchase
agreement and receive full repayment of any deposits of other consideration
received by the subdivider with respect to the agreement to purchase;
(Ord. 886 § 2, 1982)
In addition to those findings set forth above, all other requirements,
terms and conditions set forth in this title must be met prior to
the approval by city of a final subdivision map.
(Ord. 885 § 2, 1982)
A.
It
shall be unlawful for an applicant or owner of any unit which is created
after the conversion to a community housing project has been completed,
to refuse to sell, lease or rent any dwelling unit, or to otherwise
deny occupancy of said unit, because the family which is the prospective
purchaser, lessee, renter or occupier of said unit has one or more
minor children.
B.
It
shall be unlawful for an applicant or owner of any unit which is created
after the community housing project has been converted, to discriminate
in the terms, conditions, privileges or availability of residential
facilities or services against persons who are prospective residents
because they have one or more minor children.
(Ord. 885 § 2, 1982)
Any person, firm, corporation, partnership or other association
violating any of the provisions of this chapter shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not more than One thousand dollars or by imprisonment in the
County Jail for a period of not more than six months, or by both such
fine and imprisonment. Nothing contained herein shall be determined
to bar any legal, equitable or summary remedy to which the city or
other political subdivision or person, firm, corporation, partnership
or other association may otherwise be entitled, and the city of any
other political subdivision, or person, firm, corporation or association
may file an action in the Superior Court in the state, in and for
the county of San Mateo to restrain or enjoin any attempted, proposed
or existing violation of this chapter.
(Ord. 885 § 2, 1982; Ord. 993 § 19, 1985)
