The intent of this chapter is to regulate the conversion of
existing rental housing into community housing projects, condominiums,
community apartments or stock cooperatives in order to:
A. Maintain
an adequate supply of rental housing units in the City and to reduce
the impacts of conversions on residents in rental housing who may
be displaced by providing procedures for notification of tenants.
B. To
promote the safety of conversion projects by requiring the correction
of building code violations and the upgrading of existing rental housing
units to current building and zoning code standards at time of conversions.
C. To
provide for the protection of potential purchasers of converted units.
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The conversion of existing rental housing to a community housing project shall require a conditional use permit approved pursuant to Chapter
16.303, and a final subdivision map approved pursuant to Title
17 of this Code (the City's Subdivision Ordinance).
A tentative map application shall be submitted concurrently
with the conditional use permit application. The subdivider shall
waive the time limit for review of the tentative map to permit concurrent
review of the tentative map and conditional use permit.
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When the conversion of rental housing to a community housing
project is proposed, all tenants shall be notified, individually,
in writing, of the intention to convert, and of the hearing, at least
ten days prior to public hearings. This requirement is in addition
to the notice requirements of the Subdivision Map Act.
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All common open space and shared facilities shall remain in
common ownership of all property owners in the development. Common
ownership and maintenance for such areas and facilities shall be provided
for by deed restrictions, recorded covenants, and other documents
establishing homeowners' associations and proposed method of maintenance.
Drafts of all such documents shall be submitted with the conditional
use permit application and shall be reviewed by the Planning Commission.
Prior to approval of a final map, all deed restrictions, covenants,
and other legal agreements and documents shall be approved by the
City Attorney as to legal form and effect, and by the Director as
being essentially the same as and as being workable and suitable within
the intent of the Planning Commission review approval of the rough
drafts of such documents.
The City shall enter into an agreement with the declarant of
the conditions, covenants, and restrictions that provides for the
enforcement of the provisions of the conditions, covenants, and restrictions
by the City. The existence of the enforcement agreement shall be referred
to in a separate provision in the recorded conditions, covenants,
and restrictions.
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In the event of any noncompliance with any requirements of this
chapter, the Subdivision Map Act, conditions made a part of the conditional
use permit, or tentative or final subdivision map, approval for the
conditional use permit for conversion may be revoked, the final map
may be denied, or certificates of occupancy may be withheld.
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