Emeryville City Zoning Code

No person shall offer to sell or lease, contract to sell or lease, sell or lease, or finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereon except for model homes, or allow the occupancy thereof, for which a tentative or final map is required by the provisions of this chapter or the Subdivision Map Act until such tentative or final map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record in the office of the Alameda County Recorder.

No person shall sell, lease, or finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereon except for model homes, or allow the occupancy thereof, for which a parcel map is required by the provisions of this chapter or the Subdivision Map Act until such parcel map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record in the office of the Alameda County Recorder.

The conveyance of any part of a division of real property for which a final or parcel map is required by the provisions of this chapter or the Subdivision Map Act shall not be made by parcel or block number, initial, or other designation, unless and until such map has been filed for record in the office of the Alameda County Recorder.

The provisions of this subsection shall not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including City laws, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner provided in the Subdivision Map Act.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, such as the County Recorder's serial number and date, or book and page of official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by these subdivision regulations, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this section.

If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan, or not permitted by this title or other applicable provisions of the Municipal Code.

Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this article for a tentative map, except as follows:

Applications Inconsistent with Zoning. If the City determines that a vesting tentative map is inconsistent with the zoning of the property, the City may deny the vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary zoning changes to eliminate the inconsistency. If the necessary zoning changes are obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the zoning changes as approved.

Any fees required for development under an approved vesting tentative map shall be payable at the rates in effect at the time such fees are due.

A subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions that this article establishes for the expiration of the approval or conditional approval of a tentative map.

Following the recording of a final map, the vested development rights shall last for the following periods of time:

A subdivider may apply to the Planning Commission for a one (1) year extension at any time before the initial time period set forth in subsection (d)(2)(a) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City Council pursuant to Article 14 of Chapter 7.

If the subdivider submits a complete application for a building permit prior to the expiration of the final map, the development rights shall continue until the expiration of such building permit or the expiration of any extension of that permit.

All maps and information required by these subdivision regulations and the Subdivision Map Act have been submitted, checked and accepted as complete.

All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted.

The required fees and deposits as set forth in the Master Fee Schedule have been paid.

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan or area plan, these subdivision regulations, this title, and other applicable provisions of the Emeryville Municipal Code.

Lot Width, Area, and Design. The proposed lots are of such width, area, and design as the Commission finds to be necessary to preserve the purpose and intent of this chapter and these planning regulations.

Passive or Natural Heating and Cooling. The design of the subdivision will provide, to the extent feasible, for future passive or natural heating and cooling features in accordance with Section 66473.1 of the Subdivision Map Act.

Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than five hundred (500) dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

Site Suitability. The site is physically suitable for the type and density of development proposed.

Fish and Wildlife. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat.

Public Health. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

Easements. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The Planning Commission or City Council, acting on an appeal, may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Planning Commission or City Council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

Sewers. The waste discharge into the City sewer system from the proposed subdivision would not add to, or result in, violations of requirements of the Regional Water Quality Control Board, the City's National Pollutant Discharge Elimination System (NPDES) permit, or other restrictions of the sanitary sewer collection system imposed on the City.

That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter.

That there are exceptional circumstances or conditions applicable to the property being subdivided or to its intended use or development.

That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property being subdivided or to improvements in the immediate vicinity.

Recommendations of Public Agencies and Utilities. Conditions related to any recommendations of affected public agencies and utilities submitted pursuant to Section 9-6.206(b) may be imposed on the tentative map.

Joint Use. A condition may be imposed, when applicable, requiring agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the Planning and Building Director, Planning Commission, or City Council concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

Multiple Final Maps. If the subdivider has provided written notice of the intention to file multiple final maps on the tentative map pursuant to Section 9-6.215, reasonable conditions may be imposed relating to the filing of multiple final maps.

Residential Condominiums. Residential condominiums shall be conditioned to require recordation of covenants, conditions, and restrictions that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.

Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Planning and Building Director prior to expiration of the map. If such a request is filed, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

Public Hearing. The Planning and Building Director shall prepare and distribute a staff report and the Planning Commission shall hold a public hearing on an extension request pursuant to the requirements of the common procedures in Article 2 of Chapter 7.

Planning Commission Action. The Planning Commission may approve the extension request only if it makes all of the following findings:

Time Limit of Extension. Time extensions approved by the Planning Commission may be for a period of up to two (2) years. In no case shall the expiration of the tentative map extend more than six (6) years from the date of its approval by the Planning Commission or City Council acting on an appeal, except as otherwise provided by the Subdivision Map Act. After that time, a new tentative map application shall be required.

No lots, units or building sites or structures are added.

Changes are consistent with the intent of the original tentative map approval.

There are no resulting violations of the Municipal Code.

The intersection of street centerlines;

Beginning and end of curves or intersection of tangents on centerlines; and

Other locations as required by the City Engineer.

Covenants, codes and restrictions.

Regulatory agreements.

Property maintenance agreements.

Other documents or agreements required by the Planning Commission as conditions of approval on the tentative map.

Additional survey and map information including, but not limited to, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

Purposes. The City Engineer may approve a certificate of correction or amending map for any of the following purposes:

Review. The amending map or certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee as set forth in the Master Fee Schedule. The City Engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this section, the City Engineer shall certify to this fact on the amending map or certificate of correction.

Certificate of Correction. The City Engineer shall have twenty (20) working days to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the City Engineer determines that the certificate of correction fails to comply with this chapter, the City Engineer shall return the certificate to the applicant with a written statement of the changes necessary. The City Engineer shall have ten (10) working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

The modifications do not impose any additional burden on the fee owners of the real property.

The modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

The map as modified conforms to the findings of Section 9-6.208(c).

The City Engineer shall certify the amending map or certificate of correction as approved by the Planning Commission.

All maps and information required by these subdivision regulations and the Subdivision Map Act have been submitted, checked and accepted as complete.

All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted.

The required fees and deposits as set forth in the Master Fee Schedule have been paid.

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan or area plan, these subdivision regulations, this title, and other applicable provisions of the Emeryville Municipal Code.

Lot Width, Area, and Design. The proposed lots are of such width, area, and design as the Director finds to be necessary to preserve the purpose and intent of this chapter and these planning regulations.

Passive or Natural Heating and Cooling. The design of the subdivision will provide, to the extent feasible, for future passive or natural heating and cooling features in accordance with Section 66473.1 of the Subdivision Map Act.

Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than five hundred (500) dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

Site Suitability. The site is physically suitable for the type and density of development proposed.

Fish and Wildlife. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat.

Public Health. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

Easements. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The Planning and Building Director or Planning Commission, acting on an appeal, may approve a parcel map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Director or Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

Sewers. The waste discharge into the City sewer system from the proposed subdivision would not add to, or result in, violations of requirements of the Regional Water Quality Control Board, the City's National Pollutant Discharge Elimination System (NPDES) permit, or other restrictions of the sanitary sewer collection system imposed on the City.

That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter.

That there are exceptional circumstances or conditions applicable to the property being subdivided or to its intended use or development.

That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property being subdivided or to improvements in the immediate vicinity.

Recommendations of Public Agencies and Utilities. Conditions related to any recommendations of affected public agencies and utilities submitted pursuant to Section 9-6.305(b) may be imposed on the parcel map.

Joint Use. A condition may be imposed, when applicable, requiring agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved parcel map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the Planning and Building Director, Planning Commission, or City Council concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

Residential Condominiums. Residential condominiums shall be conditioned to require recordation of covenants, conditions, and restrictions that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.

Purposes. The City Engineer may approve a certificate of correction or amending map for any of the following purposes:

Review. The amending map or certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee as set forth in the Master Fee Schedule. The City Engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this section, the City Engineer shall certify to this fact on the amending map or certificate of correction.

Certificate of Correction. The City Engineer shall have twenty (20) working days to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the City Engineer determines that the certificate of correction fails to comply with this chapter, the City Engineer shall return the certificate to the applicant with a written statement of the changes necessary. The City Engineer shall have ten (10) working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

The modifications do not impose any additional burden on the fee owners of the real property.

The modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

The map as modified conforms to the findings of Section 9-6.307(b).

The City Engineer shall certify the amending map or certificate of correction as approved by the Planning and Building Director.

Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as park sites, school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on the contiguous parcel proposed for merging.

One (1) or more of the following conditions exists for at least one (1) of the affected parcels:

Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and that the property owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be recorded at the office of the Alameda County Recorder on the same day that the notice is mailed to the property owner. The owner of the affected property may file a written request for a hearing with the Director within thirty (30) days after the recording of the notice of intention to determine status.

If a Hearing Is Requested. Upon receipt of a request for a hearing, the Director shall set the time, date and place for the hearing and notify the property owner by certified mail. The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of this chapter for merger. At the conclusion of the hearing, the Planning Commission shall determine whether or not the affected parcels shall be merged. If the Planning Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger in the form of a certification of compliance within thirty (30) days of the Commission's determination unless the property owner files an appeal pursuant to Section 9-6.505. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.

If a Hearing Is Not Requested. If, within the thirty (30) day period following the recording of the notice of intention to determine status, the property owner does not file a request for hearing, the Director and City Engineer shall make a determination whether or not the affected parcels are to be merged. If the Director and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger in the form of a certificate of compliance within ninety (90) days following the mailing of the notice of intention to determine status. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.

If Parcels Are Not to Be Merged. If the Planning Commission, or the Director and City Engineer, as the case may be, determine that the parcels shall not be merged, the City Engineer shall record a certificate of compliance for the unmerged parcels and a release of the notice of intention to determine status, and the Director shall mail a clearance letter to the owner of record.

Improvements Required for Subdivision Approval. No tentative map, parcel map, or other division of land subject to the provisions of this chapter shall be approved unless improvements are constructed or required to be constructed to serve the lots being created both on site and off site, including, but not limited to, those improvements described in this section. As a condition of approval there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the Subdivision Map Act.

Improvement Plans. Before beginning construction of any improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, prepared according to City standards and specifications, shall be submitted to the City Engineer for review and approval. Once approved, one (1) or more complete sets of plans and specifications, as required, shall be furnished to the City Engineer. No work shall commence without approved plans and specifications.

Design of Improvements. The design and layout of all required improvements, both on and off site, private and public, shall conform to generally accepted engineering standards, to the standard specifications for public works construction as set forth in Chapter 7 of Title 7, to such standards as approved by the City Engineer, and, where applicable, to the standards of Section 9-6.609, Design Standards.

To provide access to greenways, trails or bikeways as shown in the General Plan.

Through the middle of blocks that are more than five hundred feet (500') in length or as otherwise indicated in the General Plan.

To connect streets that have only one (1) outlet.

To provide access to playgrounds, parks, schools, shopping areas, or similar community facilities.

Construction of all improvements according to the approved plans and specifications on file with the City Engineer.

Specified times for completion of improvements.

Right by City to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications.

Payment of applicable fees as set forth in the Master Fee Schedule.

Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act.

Posting of a performance bond for one hundred percent (100%) of the value of the improvements, at prevailing wage, and, upon completion and acceptance by the City of the improvements, a one (1) year warranty bond guaranteeing the constructed improvements from defects.

Release and indemnification of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development.

Any other provisions required by the City as reasonably necessary to comply with the requirements of this chapter.

A subdivision shall abut upon or have an approved access to a public or private street. Each unit or lot within the subdivision shall have access to a public or private street.

Street layout shall be designed to provide for future access to undeveloped property adjoining the subdivision. Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

In no event shall lots in a proposed subdivision that do not abut a public or private street be served by access that traverses an existing lot that abuts a public or private street. This does not preclude flag lots where access through an existing parcel abuts an existing property line.

Private streets, alleys, or access corridors are not permitted unless approved as part of a major or minor subdivision pursuant to the requirements of this chapter, and provisions are made for their improvement and permanent maintenance.

Streets shall be graded and improved in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in Chapter 7 of Title 7, and such standards as approved by the City Engineer.

Minimum right-of-way widths for streets and paths, as indicated in the General Plan, shall be as set forth below; the City may require greater width if necessary to promote the public health, safety or general welfare of the community.

Access rights shall be restricted where required by the City for major streets, greenways, trails or parklands.

Reserve strips controlling the access to streets or other public rights-of-way shall not be approved unless such strips are necessary for the protection of the public welfare or property.

Pavement Design.

Curbs, gutters, and sidewalks shall be installed in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in Chapter 7 of Title 7, the General Plan, the Emeryville Design Guidelines, and any other applicable design guidelines or area plans. All sidewalks shall comply with the applicable accessibility requirements of the Americans with Disabilities Act.

Traffic signs, signals, pavement markings, and street name signs conforming to City standards shall be installed by the subdivider.

All proposed street names shall be reviewed and approved by the Planning and Building Department, Public Works Department, Fire Department, Police Department, and other interested agencies, prior to filing of a final or parcel map, and shall be shown on such map.

Street lights shall be provided in accordance with City standards as required by the City Engineer and their location shall be shown on the construction plans in plan view and a typical street cross section.

Water supply facilities shall be shown on all improvement plans and shall be East Bay Municipal Utility District facilities installed in accordance with East Bay Municipal Utility District standards.

Water lines shall be installed to the end of new paving on any street that might need a water extension to avoid the need for a trench cut in new paving.

Easements not less than ten feet (10') in width shall be provided within the subdivision where required for construction and maintenance of water facilities.

Sanitary sewer mains, when required by the City Engineer, shall be shown on all improvement plans and shall be designed and installed in accordance with City standards.

All required sanitary sewer laterals shall be shown on all improvement plans and shall comply with the requirements of Chapter 8 of Title 7.

All existing trees shall be shown on the improvement plans with a notation as to the size, species, dripline, and condition. The City may require a report by a certified arborist to determine the condition of existing trees and to specify recommendations for their preservation, replacement, and/or removal.

Existing trees may be required to be preserved, in which case a report shall be prepared by a certified arborist specifying requirements for the preservation, replacement, and removal of trees on and adjacent to the site. The arborist shall be consulted regarding the planting and preservation of all trees, and his or her recommendations shall be followed.

The protection, planting, and removal of street trees shall be in conformance with the Urban Forestry Ordinance in Chapter 10 of Title 7.

A subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

Conveyance of units.

Assignment of parking.

Agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance.

Description of a provision for maintenance of all vehicular access areas within the project.

Assignment of appropriate responsibilities for maintenance of all utility lines and services for each unit.

Plan for equitable sharing of communal water and gas metering.

Electrical. Separate grounded electrical meters and panels must be provided to serve each condominium unit and common areas. The electrical upgrade work must be done by a State of California licensed electrical contractor.

Fire-Related.

Health-Related.

Security-Related.

Miscellaneous.

Disclosure Items.

Each tenant shall be given written notice of the intention to convert at least sixty (60) days prior to the filing of a tentative map or parcel map. Applicant shall provide proof of such notification to the Director as part of the application for condominium conversion.

Each tenant shall be given ten (10) days' advance written notice that an application for a public report will be submitted to the Department of Real Estate and that the tenant may receive a copy of the report upon request.

Each tenant shall be given written notice of approval of a final map for the proposed conversion within ten (10) days of the approval.

Each tenant shall be given one hundred eighty (180) days' advance written notice of the termination of the tenancy due to the conversion or proposed conversion.

Each tenant shall be given notice of their exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or on terms more favorable to the tenant. The exclusive right to contract shall run for a period not less than ninety (90) days from the date of issuance of the public report pursuant to California Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of the intention not to exercise the right of exclusive offer.

No rent increase shall be permitted during the one hundred eighty (180) day notice period of termination of the tenancy due to the conversion or proposed conversion.

Tenants may terminate their lease or rental agreement during this one hundred eighty (180) day period without penalty at any time.

At least sixty (60) days prior to the date of termination of the tenancy, applicant shall provide to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units within a two (2) mile radius of the project site, which units are comparable in size and amenities to the unit occupied by the tenant. The applicant shall also submit a copy of this list to the Director.

The applicant shall provide a relocation assistance payment to each tenant of the project, limited to one (1) assistance payment per unit. The relocation payment shall be three (3) months' rent based on the current Alameda County "fair market rent" for comparable apartment size, as established by the U.S. Department of Housing and Urban Development or three (3) months of the current rent paid by the tenants, whichever is larger. The assistance is due to the tenant on the date the tenant vacates the unit, or sooner if agreed upon in writing by the parties. The rental assistance does not include the first or last month's rent or cleaning or security deposit. Written notice of the tenant's right to a relocation assistance payment shall be included in the notice of termination of the tenancy.