Atascadero City Zoning Code
CHAPTER 12
CONDOMINIUM DEVELOPMENT AND CONDOMINIUM CONVERSIONS
§ 9-12.101 Purpose and intent.
The purpose of this chapter is to:
(a)
Provide design and property improvement standards for condominium and condominium conversion projects;
(b)
Ensure that a homeowners' association for residential projects or a property owners' association for commercial/industrial projects is established that is adequately funded and organized to repair and maintain all common areas, infrastructure and structures;
(c)
Ensure that all condominium projects, including condominium conversion projects, provide necessary and useable easements to, and for, open space, ingress, egress, and utility and structure repair and maintenance;
(d)
Ensure that all condominium projects, including conversion projects, provide inclusionary housing units under the City's Inclusionary Housing Policy;
(e)
Ensure that the City maintains an adequate supply of rental multiple dwelling units affordable to lowerand moderate-income persons and a diversity of housing types, in compliance with the land use element and housing element of the City's General Plan;
(f)
Reduce the impact of condominium conversions on residents of rental housing who may be required to relocate;
(g)
Ensure that housing converted to condominiums is constructed at a standard that is consistent with current building codes;
(h)
Ensure that all common areas are readily useable and accessible to all residents.
(Ord. 523 § 2, 2007)
§ 9-12.102 Definitions.
The following definitions are applicable to this chapter:
A reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, including mortgage loan principal and interest, mortgage insurance, property taxes and property assessments, homeowners insurance, homeowners association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 80% of area median income for lower-income households; or (c) one-twelfth (1/12) of 30% of 120% of area median income for moderate-income households. However, within redevelopment project areas, monthly housing costs shall not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 70% of area median income for lower-income households; or (c) one-twelfth (1/12) of 35% of 110% of area median income for moderate-income households. In calculating the affordable ownership cost of a unit, area median income shall be adjusted for assumed household size based on unit size.
Monthly rent, including a reasonable utility allowance and all mandatory fees charged for use of the property, which does not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 60% of area median income for lower-income households; and (c) one-twelfth (1/12) of 30% of 110% of area median income for moderate-income households. In calculating affordable rent for a unit, area median income shall be adjusted for assumed household size based on unit size.
The annual median income for San Luis Obispo County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of Atascadero in the event that such median income figures are no longer published periodically in the California Code of Regulations.
One person in a studio unit, two persons in a one bedroom unit, three persons in a two bedroom unit, four persons in a three bedroom unit, and one additional person for each additional bedroom.
Any common interest development as defined in Civil Code Section 1351, whether designed for residential, commercial or industrial use, including, but not limited to, a condominium, planned development, stock cooperative or community apartment project.
The conversion of existing dwelling units that have been approved for occupancy and cannot be sold individually into a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually; or the conversion of existing nonresidential space into a common interest development as defined in Civil Code Section 1351.
A person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment, as defined in the Federal Fair Housing Act or Americans with Disabilities Act.
A household whose income does not exceed the lower-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
A household whose income does not exceed the moderate-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
All dwelling units located on one parcel or on contiguous parcels and owned, operated, or managed by one entity, or which were constructed as part of one development project.
A household whose income does not exceed the lower-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
(Ord. 523 § 2, 2007)
§ 9-12.103 Applicability.
The procedures and standards contained in this chapter shall apply to all condominium projects and all condominium conversions, except for condominium conversions for which a complete application was made prior to March 1, 2006.
No residential condominium conversion may be considered to include four units or less unless it is contained within a residential development that contains no more than four dwelling units.
(Ord. 523 § 2, 2007)
§ 9-12.104 Required approvals.
No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a tentative map or vesting tentative map and a final map or parcel map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter.
(Ord. 523 § 2, 2007; Ord. 620 § 4, 2019)
§ 9-12.105 Special application requirements for condominium projects and condominium conversions.
A conditional use permit application for a condominium project shall be completed and submitted along with an environmental assessment form completed to the satisfaction of the Community Development Director and all other information as described on the checklist attached to the application.
An application for a tentative map or tentative parcel map shall be submitted concurrently with the conditional use permit application. The tentative map or tentative parcel map shall be accompanied by all information described in the checklist attached to the application.
Where the information requirements for a conditional use permit and tentative map conflict, the requirements for the greatest amount of information shall apply.
(Ord. 523 § 2, 2007; Ord. 635 § 5, 2020)
§ 9-12.106 Application requirements for residential condominium conversions.
The conditional use permit application for a residential condominium conversion shall be accompanied by an application for a tentative map as required by Title 11 of this Code. The application shall include all information required by Title 11 and by Section 9-2.110 and the following additional information:
(a)
Housing Impact Report. A report that describes the number of households that may be displaced; the numbers of persons residing in all households; the age and income levels of all tenants; units occupied by persons who are over 62 years of age, disabled, or between five and 18 years of age; the square footage, number of bedrooms, rental rates, and vacancy rate of all units for the previous three years; and documentation of the community-wide number of rental units with similar rental rates. The housing impact report shall also include the location of the proposed affordable units required by Section 9-12.107(a) and their proposed affordability level, except for condominium conversions of four units or less.
(b)
Property Condition Report. A detailed description of the physical condition of the property, including:
(1)
Property and structural compliance with the current building and zoning codes, including foundations, ventilation, utilities, walls, roofs, windows, mechanical and electrical equipment, appliances which will be sold with the units, common areas, roads, paved and parking areas, utilities and infrastructure. The report shall state, to the best knowledge of the applicant, and for each element: the date of construction, the condition, the expected useful life, the cost of replacement, and any variation from current building and zoning codes. The report shall identify all defective or unsafe elements or those which may impair use and enjoyment of the property; corrective measures required to meet current code standards; modifications needed to meet current sound attenuation and energy conservation standards; estimated costs of needed repairs and annual maintenance costs, including a sinking fund; and the estimated annual amount of homeowners' association fees. The report shall be prepared by a registered civil or structural engineer or architect;
(2)
A report from a licensed pest-control operator describing in detail the presence and effects of any wood-destroying organisms; corrective measures; and estimated repair costs;
(3)
A report of any known soil or geological problems, prepared by a licensed geotechnical engineer; required and recommended corrective measures; and estimated repair costs. Reference shall be made to any previous soils or geotechnical reports prepared for the site;
(4)
A report by the Building Official, Fire Marshal, and Planning Services, or designee, regarding the building's and site's compliance with current building and zoning codes and listing any code violations found.
(c)
Site Plan. A site plan which shall include at least the following:
(1)
The location, number of stories, number of dwellings, and proposed use of each structure to remain and of any proposed new structure;
(2)
The location, use, and type of surfacing for all open storage areas;
(3)
The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;
(4)
The location and number of all covered and uncovered parking spaces;
(5)
The location of all existing and proposed utility lines and meters;
(6)
The location, height and type of materials for walls and fences;
(7)
The location of all landscaped areas, the type of landscaping, method of irrigation, exterior lighting, and a statement specifying private or common maintenance;
(8)
The location and description of all recreational facilities;
(9)
The location, size, and number of parking spaces to be used in conjunction with each unit;
(10)
The location, type, and size of all drainage pipes, structures, and basins;
(11)
Existing contours, building pad elevations, and percent slope for all driveways and parking areas.
(d)
Tenant Information Package. A tenant information package that includes at least the following:
(1)
The name and address of developer and/or property owner;
(2)
A copy of the housing impact report and property condition report that are submitted in compliance with subsections (a) and (b) of this section;
(3)
The approximate sales price of each unit;
(4)
Provisions for affordable housing in compliance with Section 9-12.108(a), except for condominium conversions of four units or less; and
(5)
A copy of the Notice of Intent to Convert required by Section 9-12.107(a).
The Tenant Information Package shall be delivered to each tenant within five working days after the Community Development Director has approved the Tenant Information Package. |
(e)
Evidence of Delivery of Required Notices.
(1)
Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or, for each tenant for whom a signed acknowledgment is not submitted. Satisfactory evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested.
(2)
Evidence to the satisfaction of the Community Development Director that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this chapter and by the Subdivision Map Act, and that such notices have, or will, comply with the legal requirements for service by mail. The applicant shall provide the City with copies of all affidavits prepared in compliance with Code of Civil Procedure Section 1013a.
(f)
Other Information. Any other information which in the opinion of the Community Development Director will assist in determining whether the findings required by Sections 9-2.110 and 9-12.111 of this Code can be made. The applicant shall submit to the City a copy of each application for a public report made to the California Department of Real Estate, including a copy of the supplemental questionnaire for apartments converted to condominiums.
(Ord. 523 § 2, 2007)
§ 9-12.107 Special noticing requirements for residential condominium conversions.
In addition to the notices of public hearing required by Sections 9-1.110 and 11-4.06 of this Code, the following additional notices shall be given. Notice shall comply with the legal requirements for service by mail contained in Code of Civil Procedure Sections 1012, 1013, and 1013a or as otherwise required by law, or shall be made by personal delivery to each tenant or other person entitled to receive notice, confirmed by written acknowledgement of receipt of the notice. In addition, the Notice of Intent to Convert, Right to Purchase and Intention to Convert Notice, and copies of City staff reports shall be delivered to each occupied dwelling unit included in the proposed conversion. If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese or Korean, all required notices to that tenant shall be issued in that language. The applicant shall also provide any additional notice required by the Subdivision Map Act or other state or federal law. It is the City's intent that the provisions of this section apply to all residential condominium conversions, including condominium conversions of four units or less.
(a)
Notice of Intent to Convert. The applicant shall give a written Notice of Intent to Convert to each tenant at least 60 days prior to submittal of the conditional use permit and tentative map application for the condominium conversion. The notice shall be in the form prescribed by the Subdivision Map Act and in addition shall include the following:
(1)
Name and address of current owner;
(2)
Name and address of subdivider;
(3)
Approximate date on which the unit is to be vacated by nonpurchasing tenants if the conditional use permit and tentative map are approved;
(4)
The tenant's right to continue to rent the unit for at least 180 days after the date of any approval of the conditional use permit and tentative map, or for up to one year beyond the 180 day termination period if any resident of the unit is over 62 years of age, disabled, lower income, or has school-age children. The Notice of Intent to Convert shall describe how the tenant may establish that a resident of the unit is over 62 years of age, disabled, or has school-age children, or that the household qualifies as a lower-income house-hold;
(5)
The tenant's exclusive right to purchase the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the California Department of Real Estate or after commencement of sales, whichever is later;
(6)
Except for condominium conversions of four units or less, provisions for affordable housing as required by Section 9-12.108(a);
(7)
A general description of the relocation assistance to be provided pursuant to Section 9-12.109(a)(1);
(8)
The tenant's right to terminate any lease or rental agreement for the unit as provided by Section 9-12.112(a);
(9)
Protection from unjust eviction as required by Section 9-12.112(b);
(10)
Limitations on rent increases as required by Section 9-12.112(c);
(11)
City contact information (telephone, street address, and e-mail address).
(b)
Notice to Prospective Tenants. Commencing not less than 60 days prior to submittal of the conditional use permit and tentative map application for the condominium conversion, the applicant shall, before accepting any rent or deposit from any prospective tenant, provide the prospective tenant with the notice required by Government Code Section 66452.8, a copy of the Notice of Intent to Convert, and a copy of the Tenant Information Package, if it has been approved by the Community Development Director.
(c)
Tenant Information Package. The applicant shall provide all tenants with a copy of the Tenant Information Package specified in Section 9-12.106(d) within five working days of its approval by the Community Development Director.
(d)
Public Report Submittal Notice. The applicant shall provide a Public Report Submittal Notice to each tenant within 10 days of the submittal of an application for a public report to the California Department of Real Estate, in the form prescribed by the Subdivision Map Act. The notice shall indicate that the public report will be available to the tenant upon request and that the tenant's exclusive right to purchase commences no earlier than the date of issuance of the final public report.
(e)
Issuance of Public Report Notice. The applicant shall provide an Issuance of Public Report Notice to each tenant within five days after the date that the applicant receives the public report from the California Department of Real Estate, in the form prescribed by the Subdivision Map Act.
(f)
Approval Notice. The applicant shall provide an Approval Notice to each tenant within 10 days of any approval of the final map for the condominium conversion, in the form prescribed by the Subdivision Map Act.
(g)
Exclusive Right to Purchase Notice. The applicant shall provide each tenant with an Exclusive Right to Purchase Notice at the beginning of the tenant's exclusive right for a period of 90 days to contract for the purchase of the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms. The Right to Purchase Notice shall state the date that the 90 day period will commence, describe the terms on which the unit is being offered, comply with the requirements of the Subdivision Map Act, and include the information for buyers specified in Section 9-12.113 and the subdivision public report.
(h)
Continued Right of Occupancy and Intention to Convert Notice. After City approval of the conditional use permit and tentative map, the applicant shall provide each tenant with a Continued Right of Occupancy and Intention to Convert Notice stating that each tenant will be given a minimum period of 180 days to vacate the unit, unless the period is extended pursuant to Section 9-12.109(a)(2). This Continued Right of Occupancy Notice is not a notice to terminate the tenancy as required by Civil Code Section 1946.1. The Notice shall be consistent with the form prescribed by the Subdivision Map Act.
(i)
Notices of Public Hearing and Copies of City Staff Reports. As required by the Subdivision Map Act, the applicant shall provide each tenant with a copy of any hearing notice and any staff report on the condominium conversion at least three days prior to any public hearing on the proposed condominium conversion.
(Ord. 523 § 2, 2007)
§ 9-12.108 Conditions of approval.
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)
§ 9-12.109 Special conditions of approval for condominium conversions.
(a)
The following conditions are applicable to residential condominium conversions:
(1)
Relocation Assistance. Following approval of the conditional use permit and tentative map, the applicant shall enter into an agreement with the City to provide each tenant household that vacates a unit with a relocation payment equal to three months rent for the unit currently occupied by that household. The relocation payment shall be paid at least 30 days before the household vacates its unit. The applicant shall also provide active assistance in securing comparable replacement housing for each tenant who will be displaced.
(2)
Extension of Lease or Rental Agreement for Certain Tenants. For tenant households that include a person over 62 years of age or a disabled person, or if the household is a lower-income household, the applicant shall extend the household's rental agreement or lease for one year beyond the 180 day termination period specified in Section 9-12.107(h). For tenant households that include a dependent person attending kindergarten through Grade 12, if the 180 day termination period ends in the middle of a school year, then the applicant shall extend the household's rental agreement or lease until 30 days after the end of the school year.
(3)
Warranty. The applicant shall provide a warranty for a period of one year from the date of the sale of the last individual unit free of charge to the homeowners' association for all project components that are owned or maintained by the association. The warranty shall guarantee the condition of the common area items, including, but not limited to, roads, paving, drainage systems, landscaping and recreational facilities. The warranty shall also guarantee the condition of all residential and/or common area structures, roofing, foundations, plumbing, electrical system, heating and ventilation, mechanical systems, and utilities. The City shall review and approve the form of the warranty prior to approval of the final map.
(4)
Right to Purchase. In conformance with the Subdivision Map Act, the applicant shall provide each tenant with an exclusive right for a period of 90 days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, as further described in Section 9-12.107(g).
(5)
Building and Zoning Regulations. To the extent feasible, the residential condominium conversion shall substantially comply with the City's building and housing codes and zoning regulations in effect on the date the application for conversion is accepted as complete. All modifications needed to meet current sound attenuation and energy conservation standards shall be completed.
(6)
Fire Safety. Each living unit shall be provided with approved smoke detectors as required by the Building Code.
(7)
Storage. The project shall provide at least 100 cubic feet of enclosed, weatherproof, and lockable private storage space for each unit, exclusive of standard cabinets and standard closets within the unit and the space normally required for parking a vehicle in a garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two and one-half (2.5) feet by four feet and the minimum height shall be four feet.
(8)
Laundry Facilities. A laundry area, including space and utility connections for a washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry space. Common facilities shall consist of at least one washer and dryer for each 10 units or fraction thereof.
(9)
Private Open Space. Each unit shall have a minimum of 100 square feet of qualifying private open space. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of 10 feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the required front yard setback.
(b)
The following conditions are applicable to all condominium conversions:
(1)
Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protection appliances shall be retained in operable condition at all times and shall comply with the fire code requirements in place at the time the building was constructed. Any conversion involving an addition or major renovations of the structure shall substantially comply with the fire codes in effect on the date the application for conversion is accepted as complete;
(2)
Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered, and there shall be separate circuit breakers and shutoff valves for each unit;
(3)
Parking. The number of parking spaces, including the provision of covered spaces and spaces for the disabled, shall meet current standards for the number of parking spaces, as provided in Chapter 4 of Title 9 of this Code. Spaces for the exclusive use of each unit shall be so marked. Visitor parking and special loading zones, if any, shall also be marked;
(4)
Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and restored to a safe and usable condition, and as otherwise required by the Planning Commission pursuant to the findings in the Property Condition Report;
(5)
Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the Police Department shall be installed in all parking areas and adjacent to exterior walkways. All lighting fixtures shall be selected, installed, and oriented to prevent glare.
(Ord. 523 § 2, 2007)
§ 9-12.110 Exceptions to property improvement standards for condominium conversions.
Upon request by an applicant, the Planning Commission may approve exceptions to the property improvement standards included in Section 9-12.109(a)(5) through (9) and Section 9-12.109(b) of this Code. The nature of the exception requested shall be described in public notices for Commission hearings on the condominium conversion. The Commission may approve exceptions to property development standards only after a public hearing and if the Commission can make the findings required by Section 11-9.02 of this Code.
(Ord. 523 § 2, 2007)
§ 9-12.111 Special findings required for approval of condominium conversions.
A conditional use permit for a condominium conversion may be approved only if the Planning Commission finds that the condominium conversion conforms to all provisions of this chapter, including all conditions of approval required by Sections 9-12.108 and 9-12.109.
The following additional findings shall be made for residential condominium conversions:
(a)
Prior to approval of the final map, the applicant has provided, or has made adequate provisions to provide, all notices required by this chapter and by the Subdivision Map Act.
(b)
The proposed conversion will not displace a significant number of lower-income or moderate-income households or senior citizens, unless the same number of rental units, of the same size and number of bedrooms, at the same rents, and in the same physical condition are offered for rent in the City.
(c)
The total number of residential rental units to be converted to condominiums in any calendar year does not exceed 25% of the number of newly constructed rental multiple dwelling units that were approved for occupancy in the City in the previous calendar year. For purposes of this finding, "rental multiple dwelling units" include only those dwelling units located in a multifamily structure which cannot be sold individually. This finding need not be made for residential condominium conversions of four units or less.
(Ord. 523 § 2, 2007)
§ 9-12.112 Tenants' rights.
After the date of issuance of the Notice of Intent to Convert, each tenant in a proposed residential condominium conversion shall have the following rights with respect to the tenant's unit:
(a)
Right to Terminate Lease or Rental Agreement. The tenant may terminate a lease or rental agreement, without penalty, upon 30 days' notice to the owner;
(b)
No Unjust Eviction. Tenants who comply with the terms of their rental or lease agreements and with the written regulations of the rental property may not be evicted until the expiration of either the 180 day period specified in Section 9-12.107(h) or the extension described in Section 9-12.109(a)(2), whichever is later;
(c)
Limitations on Rent Increases. After the applicant has issued the Notice of Intent to Convert, the rent for any dwelling unit shall not be increased for a 180 day period. After the expiration of the 180 day period, the rent for any tenant may not be increased more than once annually, and such increase shall not exceed the rate of increase in the consumer price index for the same period.
(Ord. 523 § 2, 2007)
§ 9-12.113 Reports to be furnished to prospective buyers.
In addition to those reports required by state law and any other provisions of this Code, the applicant shall furnish each prospective purchaser of a dwelling unit with the following documents:
(a)
Property condition report;
(b)
Approved conditional use permit, including all conditions of approval.
(Ord. 523 § 2, 2007)