Effective on: 1/1/1901

1. A.
   Architectural unity and harmony should be achieved both within the project and between the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood;
2. B.
   Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These may include functional aspects of the site development such as automobile and pedestrian circulation;
3. C.
   A comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles;
4. D.
   A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources such as sunlight, air circulation, view sheds and energy;
5. E.
   A design that maintains as much of the natural topography and environment as practical. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping. These determinations shall be made by the planning director;
6. F.
   A configuration and orientation which respects reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures should be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses;
7. G.
   The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through semi-privacy of common areas, to the privacy of the unit. The environment of each condominium unit should be private and free from visual, audio and other intrusions.
8. H.
   Provision by the project sponsor of adequate private outdoor living space, storage space and parking space to meet the needs of long-term property owners.
9. I.
   Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety and welfare. (Prior code Appx. A, § 7.2-3)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Storage for Boats, Trailers and Recreational Vehicles. Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited in required parking spaces and/or where visible from the public right-of-way, and/or adjacent property.
2. B.
   Guest Parking. Guest parking spaces shall be used only for guest parking. No individual vehicle shall use a guest space for more than seventy-two (72) hours without the specific permission of the homeowners’ association.
3. C.
   Conveyance of private open space. The surface area and appurtenant air space, deck, or balcony required by Section 17.22.060(E)(1), including any integral portion of that patio, deck or balcony shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private open space.
4. D.
   Conveyance of Private Storage Areas. The surface and appurtenant airspace of private storage spaces required by Section 17.22.060(F) shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private storage space.
5. E.
   Assignment and Use of Required Off-Street Parking Spaces. Required off-street parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of the required parking per unit. To the maximum practicable extent the parking spaces assigned to each unit shall be contiguous to the unit. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California (Vehicle Code, Section 415). No parking spaces shall be used, rented or leased to any person except in conjunction with the occupancy of a unit within the project.
6. F.
   Right of Public Entry to Common Area. The city of Hermosa Beach, county of Los Angeles, State of California, and Government of the United States, and any department, bureau or agency thereof, shall have the right of access to the common areas of the project at all times for the purpose of preserving the public health, safety and welfare.
7. G.
   Television and Radio Antennas Including Dish Antennas. Individual television and radio antennas shall be prohibited outside of the owner’s unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.
8. H.
   Maintenance of Common Open Space.

   1. 1.
      Assessments. Provision shall be made for annual assessments for maintenance and special assessments for capital improvements. The amount of the annual assessment as well as the data and procedure for its increase shall be specified and shall be limited to the estimated yearly payment of real property taxes and maintenance and improvement expenses incurred with respect to the common area. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common area shall be specified. Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis.
9. I.
   Approved Plans Binding on Association. The covenants, conditions and restrictions shall state that the final city-approved building plans, landscaping plans and utility plans are binding on the association. Planning commission approval must first be secured for any changes to said items, and any modification to any portion of the approved which involves the city must first be approved by the planning commission.
10. J.
    Condominium Association. All condominium projects are required to establish an operating homeowners association to have jurisdiction over all matters of common interest to the members of the particular association. Such homeowners’ association shall comply with all requirements found in the California Corporations Code and any other applicable state and/or federal law.
11. K.
    Maximum Number of Units Allowed. The declaration shall specify the number of units in the project approved by the city, stated as the maximum allowed without city approval for additional units.
12. L.
    Rights of the City. The declaration shall specify that if, in the opinion of the city manager of the city (or an authorized representative), the association at any time fails to maintain the common areas or improvements thereon in accordance with standards of repair, maintenance and cleanliness specified in the declaration, the city may give written notice to the association and shall require that the association take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction may be reduced to a minimum of five days. The association shall have the right, within ten days of receipt of such written notice of deficiency, to file an appeal with the city council of the city for public hearing before the city council to consider the reasonableness of the city’s requirements as set forth in the written notice of deficiency. The decision of the city council on such appeal shall be binding upon all parties but may be appealed by the association through an appropriate action in any court having jurisdiction. If the association, within the time set forth in the notice of deficiency (subject to extension for such time as may be required to appeal the notice of deficiency to the city council) does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures against the association as a lien, in the same manner as set forth herein for the establishment of liens against association property. The remedy in this section allows the city to take action but does not require any action by the city. This remedy is cumulative in nature and does not prevent the city from exercising any other remedy civilly, criminally or administratively than it may possess under its police powers and the state of California. (Prior code Appx. A, § 7.2-5)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Architectural unity and harmony should be achieved both within the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood;
2. B.
   Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These may include functional aspects of the site development such as automobile and pedestrian circulation;
3. C.
   A comprehensive and integrated design, providing its own open space, off-street parking, and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways, and other areas for people, should be separated from parking areas, driveways and other areas for automobiles;
4. D.
   A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public and quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources such as sunlight, air circulation, view sheds and energy;
5. E.
   A design that maintains as much of the natural topography and environment as practical. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping;
6. F.
   A configuration and orientation which respects reasonable design limits imposed by the natural and man-made environment. Structures should be situated to take advantage of view, topography, sun, and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses;
7. G.
   The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through semiprivacy of common areas. The environment of each condominium unit should be free from visual, audio and other intrusions;
8. H.
   Provision by the project sponsor of adequate parking space to meet the needs of long term property owners;
9. I.
   Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety, and welfare. (Prior code Appx. A, § 7.2-9)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Maintenance of Common Areas. Perpetual maintenance by the associated owners, in good sanitary and attractive condition, of all common areas and improvements, including landscaping areas, walls, driveways, parking areas, trash areas, and buildings, in accordance with plans and documents on file in the department of building and safety, city of Hermosa Beach. The management structure shall be in existence for the life of the building and that structure must clearly be delineated.
2. B.
   Maintenance of Fire Protection Equipment. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be maintained in operable condition at all times by the owner’s association.
3. C.
   Right or Public Entry to Common Areas. The city of Hermosa Beach, county of Los Angeles, State of California and Government of the United States, and any department, bureau or agency thereof, shall have the right to access to the common area of the project at all times for the purpose of preserving the public health, safety and welfare.
4. D.
   Assessments. Provisions shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the annual assessments as well as the data and procedure for its increase shall be specified and shall be limited to the estimated yearly payment of real property taxes and maintenance and improvement expenses incurred with respect to the common area. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common area shall be specified. Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis.
5. E.
   Remedies for Nonpayment of Assessments. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. In consideration for the city’s approval of a condominium project, the declaration shall provide that the city may act as the agent of the association and may in the name of the association do any of the following in the event of abandonment of individual units of the project:

   1. 1.
      Do or perform any act that the association may do or perform;
   2. 2.
      In the event of default by the association according to its own bylaws and declarations, the city may, without otherwise complying with the provisions of the declarations, fix the annual assessment against each unit;
   3. 3.
      If the city, in its discretion, determines the association is not diligently attempting to collect the amounts owed the association, the city may, in the name of the association, take any legal steps to collect such amounts by actions of law as the city may determine to be necessary. It shall be specified that in the event the city should exercise any of the above specified remedies, any sums recovered from such suit or suits shall be applied first to cover the city’s cost. The balance shall be applied against any amount which is then lawfully owing to other public or private entities. All remaining sums belong to the association.
6. F.
   Nonconforming Projects. If the condominium project has become nonconforming due to changes in the zoning ordinance or the general plan and if it is determined by the fire and building departments that three-fourths of the project has been destroyed or substantially damaged, the project shall not be rebuilt or reconstructed, unless it is done according to existing development standards. Further, if the fire and building departments find that the project has been damaged or destroyed to such an extent that a material part of the project has not been rendered unfit for its prior use and has not been repaired for a period of three years after such damage or destruction, then said nonconforming status would be lost and the project could only be reconstructed in conformity with existing zoning requirements. Any property owners affected by the findings of the fire and building departments may, within thirty (30) days after written notice of these findings, appeal to the city council.
7. G.
   Parking Spaces. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California Vehicle Code, Section 415). When the intensity of use is increased through the addition of floor area or change in use, additional parking and loading shall be provided as required by Section 1150 of the city zoning code.
8. H.
   Approved Plans Binding on Association. The covenants, conditions and restrictions shall state that the final city approved building plans and landscaping plans are binding on the association. Any changes to these items must first secure the approval of the planning commission. Within thirty (30) days of submitting covenants, conditions and restrictions to the Los Angeles County recorder, applicant shall provide the city with a certified copy of the covenants, conditions, and restrictions recorded with the Los Angeles County recorder. (Ord. 96-1146 § 1 (part), 1996; prior code Appx. A, § 7.2-12)

Effective on: 1/1/1901

1. A.
   General Plan. The project shall be consistent with the general plan.
2. B.
   Architectural Unity and Harmony. Architectural unity and harmony should be achieved within the project between the project and the surrounding neighborhood so that it promotes the stability of and does not constitute a major disruption to the established character of the neighborhood.
3. C.
   Landscaping. Provision of permanently maintained landscaping as approved by the planning commission shall be required.
4. D.
   Lighting. The developer shall install on-site lighting in all parking areas, vehicular accessways and along major walk-ways of more than twenty-five (25) feet. Such lighting shall be directed onto driveways and walkways within the project, and away from dwelling units and adjacent properties, and shall be of a type approved by the building department.
5. E.
   Residential Standards. A commercial planned development, where it includes residential units, shall meet the residential standards of Sections 17.22.040 through 17.22.060.
6. F.
   Technical Standards.

   1. 1.
      All condominium projects shall meet current state of California energy conservation standards. No commercial condominium project shall be required to provide setbacks, except as may be required by a precise plan. All commercial condominium projects shall be required to comply with this title. All condominium projects shall comply with the parking requirements stipulated in Chapter 17.44.
   2. 2.
      All condominium projects shall comply with the fire, plumbing and electrical codes of the city.
   3. 3.
      All industrial condominium projects shall be required to comply with Chapter 17.28.
7. G.
   Compliance with Fire Protection Standards Prior to Final Map Approval. All condominium projects shall be subject to review by the fire department to determine whether the current water delivery system complies with the city’s fire flow requirements as they would apply to new construction, and if not, whether the installation of additional water service improvements should be required for fire protection purposes. The subdivider shall install such additional water service improvements as may be specified by the fire department, in accordance with city standards and specifications. Installation of required water service improvements shall be completed prior to approval of the final map unless an agreement for this subsequent installation is entered into between the subdivider and the city. A smoke detection system which rings a local alarm system and transmits a signal to the fire department dispatch shall be provided. A final report shall be submitted by the fire department by the time a final map is filed, or a permit becomes effective. (Ord. 96-1146 §§ 1 (part), 2, 3, 1996; prior code Appx. A, § 7.2-13)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   To establish criteria for the conversion of existing multiple rental housing to condominium conversions, community apartments or stock cooperatives;
2. B.
   To reduce the impact of such conversions, community apartments or stock cooperatives on area residents and also residents in rental housing who may be required to relocate due to the conversion, community apartment or cooperative process; to provide for procedures for timely notification of area residents as well as for project residents and adequate time and assistance for any required relocation of project residents;
3. C.
   To assure that purchasers of conversions, community apartments or cooperative housing have been properly informed as to the physical condition of the structure which is offered for purchase, or as part of a cooperative project;
4. D.
   To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city, specifically those specified in the city’s general plan;
5. E.
   To provide reasonable balance of ownership and rental housing in Hermosa Beach and a variety of choices of tenure, type, price and location of housing, and maintain an adequate supply of rental housing for low and moderate income persons and families;
6. F.
   To assure that ownership or group ownership units have design and amenities that would be attractive to more long-term residents and not be a more fragmented ownership form of rental housing. (Prior code Appx. A, § 7.2-16)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Notice of Intent. A notice of intent to convert shall be delivered to each tenant sixty (60) days prior to application for a permit. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall be as approved by the planning and environmental services department and shall contain not less than the following:

   1. 1.
      Name and address of current owner;
   2. 2.
      Name and address of the proposed subdivider;
   3. 3.
      Approximate date on which the tentative map is proposed to be filed;
   4. 4.
      Approximate date on which the final map or parcel map is to be filed;
   5. 5.
      Approximate date on which the unit is to be vacated by nonpurchasing tenants;
   6. 6.
      Tenant’s right to purchase;
   7. 7.
      Tenant’s right of notification to vacate;
   8. 8.
      Tenant’s right of termination of lease;
   9. 9.
      Statement of no rent increase;
   10. 10.
       Provision of special cases;
   11. 11.
       Provisions of moving expense;

   and other information may be required as deemed necessary.

2. B.
   Schedule of Rents. A schedule of rents for each unit showing charges occurring in the previous six-month period.
3. C.
   Tenant Assistance Plan. A proposed tenant assistance plan completed in accordance with Section 17.22.200. (Prior code Appx. A, § 7.2-19)

Effective on: 1/1/1901

1. A.
   Location of Replacement Rental Housing–Option to Purchase. A statement of method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion, including professional relocation assistance to those who do not choose to purchase, and will be given first option to purchase units and methods of assistance in purchasing said units, including tenant purchase discounts;
2. B.
   Compliance with State Subdivision Map Act. A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to Section 66427.1(b) of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the department of real estate and such tenant’s right to contract for the purchase of his or her unit as a specified purchase price for sixty (60) days following the date of such notification;
3. C.
   Reimbursement for Moving Costs Incurred. A statement of a method by which the subdivider or his agents will reimburse each tenant within thirty (30) days for costs actually incurred in relocating from his apartment due to the planned conversion to a common ownership unit with a maximum of one and one-half times the unit’s monthly rent, as well as for moving expenses actually incurred, not to exceed five hundred dollars ($500.00);
4. D.
   Extension of Tenancy to Complete School Term. A statement of method by which the subdivider will assure that each tenant who attends, whose spouse attends or dependent child attends school at the time that the notice of termination of tenancy (as required by Section 66427.1 of the State Subdivision Map Act) is given will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public elementary school or secondary school, college, community college, university or vocational school;
5. E.
   Bond. No tentative map or permit shall be approved except upon the condition that a secured, written agreement satisfactory to the city council be entered into between the city and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the council. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to one thousand dollars ($1,000.00) multiplied by the total number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement.

   1. 1.
      Release of Security. The security specified in this section shall not be released except with the consent of the planning director on behalf of the city. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized. Prior to the full release, the applicant shall provide written certification to the homeowners association of the project that any pool or pool equipment (filters, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association shall be in operable working condition.
   2. 2.
      Partial Release of Security. Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the planning director, in proportion to the number of units in which the tenants have either:

      1. a.
         Vacated,
      2. b.
         Purchased without vacating,
      3. c.
         Waived their rights pursuant to this section.
   3. 3.
      Special Agreement with Tenants. The rights of a tenant pursuant to the contract executed pursuant to this section shall not apply if knowingly waived by a tenant as follows:

      1. a.
         A written agreement, signed by both the tenant and the subdivider or his agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties.
      2. b.
         The agreement between the subdivider and the tenant is executed subsequent to the agreement under this section and specifically states that the tenant has read that agreement and is aware of his rights thereunder.
      3. c.
         A copy of the executed agreement is promptly filed with the planning director;
6. F.
   Vacation of Units. Each nonpurchasing tenant not in default under the obligation of the rental agreement or lease under which he occupies his unit shall have not less than one hundred eighty (180) days from the date of receipt of notice of intent to find substitute housing and to relocate. After submittal of an application for a permit any prospective tenants shall be notified of the intention to convert or create a cooperative or community apartment prior to leasing or renting any unit, and all the provisions of this section shall not apply to that tenancy;
7. G.
   No Increase in Rents. A tenant’s rent shall not be increased for one year from the time of the filing of the request for permit until relocation takes place or until the project is denied or withdrawn;
8. H.
   Special Cases. Any nonpurchasing tenant age sixty-two (62) or older or handicapped or with minor children in school shall be given at least an additional six months in which to find suitable replacement housing. If the comparable replacement housing rent is greater than the existing unit rent, then the applicant shall pay the differential up to a maximum of one hundred dollars ($100.00) for up to six months. (Prior code Appx. A, § 7.2-20)

Effective on: 1/1/1901

1. A.
   Perpetual maintenance, by the associated owners, in good sanitary and attractive condition of all common areas and improvements, including landscaping areas, walls, driveways, parking areas, trash areas and buildings, in accordance with plans and documents on file in the department of building and safety of the city. The management structure shall be in existence for the life of the building and said structure must be clearly delineated;
2. B.
   Prohibition of the parking or storage of trailers, boats and recreational vehicles, except in such areas reserved for the storage thereof as may be provided in the plans and documents on file with the department of building and safety. Parking for each unit shall be assigned and designated, shall not be transferable, and cannot be separately sold or rented;
3. C.
   As to the above requirements, a power of enforcement to the city, exercisable in the discretion of the council, and a prohibition against any relinquishment, amendment or deletion of such requirements without the consent of the council;
4. D.
   There shall be no restriction or discrimination with regard to residency in the project on basis of age;
5. E.
   All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be maintained in an operable condition at all times by the homeowners association. (Prior code Appx. A, § 7.2-22)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Proposed project is consistent with the general plan;
2. B.
   All provisions of this title and referenced codes have been met;
3. C.
   The overall design, physical condition and amenities of the project provide for livability and safety, and the project will not be a physical or financial burden to the city or neighborhood;
4. D.
   Project provides an adequate program of tenant purchase and relocation assistance. (Prior code Appx. A, § 7.2-26)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Used exclusively for commercial or industrial purposes, or both; or
2. B.
   Used exclusively for residential purposes as an existing apartment house, apartment hotel, hotel, multiple dwelling, or group dwelling; to a condominium or stock cooperative to be used exclusively for commercial or industrial purposes, or both. For purposes of this definition, the term "existing" means any building for which a certificate of occupancy was issued prior to the time of the application for conversion. (Prior code Appx. A, § 7.2-32)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Location of Replacement Rental Housing–Option to Purchase. A statement of method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion, including professional relocation assistance to those who do not choose to purchase, and will be given first option to purchase units and methods of assistance in purchasing said units, including tenant purchase discounts.
2. B.
   Compliance with State Subdivision Map Act. A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to Section 66427.1(b) of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the department of real estate and such tenant’s right to contract for the purchase of his or her unit at a specified purchase price for sixty (60) days following the date of such notification.
3. C.
   Reimbursement for Moving Costs Incurred. A statement of a method by which the subdivider or his agents will reimburse each tenant (who lived there at the time of filing of application to convert) within thirty (30) days for cost actually incurred in relocating from his unit due to the planned conversion to a common ownership unit. The tenant of any unit shall receive moving expenses equal to three months’ rent. The moving expenses shall be due and payable at the time of moving. Relocation payments may be applied to down payments for those tenants purchasing units.
4. D.
   Extension of Tenancy to Complete School Term. A statement of method by which the subdivider will ensure that each tenant who attends, whose spouse attends or dependent child attends school at the time that the notice of termination of tenancy (as required by Section 66427.1 of the State Subdivision Map Act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public or private elementary school or secondary school, college, community college, university or vocational school.
5. E.
   Bond. No tentative map or permit shall be approved except upon the condition that a secured, written agreement satisfactory to the city council be entered into between the city and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the council. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to one thousand dollars ($1,000.00) multiplied by the total number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement.

   1. 1.
      Release of Security. The security specified in this section shall not be released except with the consent of the planning director on behalf of the city. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized. Prior to the full release, the applicant shall provide written certification to the homeowners’ association of the project that any pool or pool equipment (filters, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association shall be in operable working condition.
   2. 2.
      Partial Release of Security. Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the planning director, in proportion to the number of units in which the tenants have either:

      1. a.
         Vacated;
      2. b.
         Purchased without vacating;
      3. c.
         Waived their rights pursuant to this section.
   3. 3.
      Special Agreement with Tenants. The rights of a tenant pursuant to the contract executed pursuant to this section shall not apply if knowingly waived by a tenant as follows:

      1. a.
         A written agreement, signed by both the tenant and the subdivider or his agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties.
      2. b.
         The agreement between the subdivider and the tenant is executed subsequent to the agreement under this section and specifically states that the tenant has read that agreement and is aware of his rights thereunder.
      3. c.
         A copy of the executed agreement is promptly filed with the planning director.
6. F.
   Vacation of Units. Each nonpurchasing tenant not in default under the obligation of the rental agreement or lease under which he occupies his unit shall have not less than one hundred eighty (180) days from the date of receipt of notice of intent to find substitute housing and to relocate. After submittal of an application for a permit any prospective tenants shall be notified of the intention to convert or create a cooperative or community apartment prior to leasing or renting any unit, and all the provisions of this section shall not apply to that tenancy.
7. G.
   No Increase in Rents. A tenant’s rent or, if applicable, the percentage of gross sales agreed upon as compensation for occupancy, shall not be increased for one year from the time of the filing of the request for permit, unless one of the following conditions takes place:

   1. 1.
      Preconversion tenant relocates;
   2. 2.
      Project is denied or withdrawn.
8. H.
   Special Cases. Any nonpurchasing tenant age sixty-two (62) or older or handicapped or with minor children in school shall be given at least an additional six months in which to find suitable replacement housing. If the comparable replacement housing rent is greater than the existing unit rent, then the applicant shall pay the differential up to a maximum of one hundred dollars ($100.00) for up to six (6) months.
9. I.
   Tenants Not Eligible for Moving Expenses. After filing application to convert, all new tenants shall be informed in writing of such, and shall not be eligible for moving expenses.
10. J.
    Coercion of Tenants by the Applicant. No conversion shall be approved if the applicant has engaged in retaliatory action regarding the tenants in order to coerce them into supporting the application for conversion. (Prior code Appx. A, § 7.2-37)

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