In keeping with the goals and objectives of the housing element of the general plan of the city, the purposes of this chapter are as follows:

A.

To maintain an adequate supply of rental housing in the city and a variety of choices of tenure, type, price, and location of housing;

B.

To reduce and avoid the displacement of long-term residents, particularly senior citizens, who may be required to move from the community due to a shortage of replacement rental housing; and

C.

To insure that converted housing achieves high quality appearance and safety.

(Prior code § 10-2.1151)

For the purposes of this chapter, unless otherwise apparent from the context, used certain words and phrases in this chapter are defined as follows:

A.

"Apartment" shall mean, for the purposes of this chapter only, a dwelling in a structure designed or used to house four or more families living independently of each other.

B.

"Community housing" and "community housing project" shall mean and include the following:

1.

"Residential condominium" as defined in Section 783 of the Civil Code of the state: an estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space;

2.

"Community apartment" as defined in Section 11004 of the Business and Professions Code of the state: containing two or more rights of exclusive occupancy, excluding nonconforming uses;

3.

"Residential planned development" as defined in Section 11003 of the Business and Professions Code of the state: a plan consisting of distinguishable use activity areas, including separately owned parcels of land with contiguous or nearby property owned in common; and

4.

Stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the state: property consisting of dwelling units owned by a corporation whereby the tenants are the shareholders of the corporation.

C.

"Conversion" shall mean a change in the type of ownership of a parcel or parcels of land, together with the existing structures, to that defined for a community housing project, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

D.

"Project" shall mean the entire parcel of real property, including all structures thereon, all or part of which is rented or leased for residential purposes and is proposed to be divided, as land or air space, into two or more lots, parcels, units, or rights of exclusive occupancy.

E.

"Vacancy rate" shall mean the number of apartments being offered for rent or lease in the city shown as a percentage of the total number of apartments offered for or under rental or lease agreement in the city.

F.

"Vacancy surplus" shall mean the number of apartments being offered for rent or lease in excess of five percent vacancy rate.

(Ord. 07-312 § 7; prior code § 10-2.1152)

A.

The council finds and declares that when the number of vacant apartment units being offered for rent or lease in the city is equal to or less than five percent of the total number of such dwelling units offered for and under rental or lease agreement in the city, a rental housing shortage exists which is inconsistent with the purposes of this chapter and with the declared goals and objectives of the city relating to the housing element of its general plan.

B.

The council further finds that the conversion or redevelopment of existing apartment buildings into community housing, such as condominiums, planned developments, community apartment projects, and stock cooperatives, diminishes the supply of rental housing and displaces residents and will tend to require them to move outside the city when a housing shortage exists.

(Prior code § 10-2.1153)

In October of each year, and upon the request of the council, the planning commission, or an applicant, in May of each year, the planning department shall determine the vacancy rate and the vacancy surplus, if any, of those rental apartment dwelling units located within the city limits which have been issued a certificate of occupancy and the use of which conforms with the zoning district regulations in which they are located.

(Prior code § 10-2.1154)

A.

Unless there is a vacancy surplus as of the most recent determination pursuant to Section 14.26.040 of this chapter, no application for the approval of a tentative map for the conversion or redevelopment of an existing apartment building into a community housing project subject to the provisions of this chapter shall be filed.

B.

When there is a vacancy surplus as of the most recent determination pursuant to Section 14.26.040 of this chapter, an application for the approval of a tentative map for the conversion or redevelopment of an existing apartment building into a community housing project may be filed with the planning department if the number of lots, parcels, units or rights of exclusive occupancy proposed does not exceed the vacancy surplus by more than forty (40) percent.

(Prior code § 10-2.1155)

All projects shall conform to the following development standards:

A.

Off-street parking. The off-street parking shall conform to the zoning district requirements of this chapter in effect at the time the final or parcel map is recorded.

B.

Landscaping and Open Space. The landscaping and open space shall conform to the zoning district requirements of this chapter in effect at the time the final or parcel map is recorded.

C.

Building Code and Fire Code. The projects shall conform to the Building Code and Fire Code requirements in effect at the time the final or parcel map is recorded.

D.

Meters and Control Valves. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit or for each plumbing fixture.

E.

Overcurrent Protection. Each unit shall have its own panel board for all electrical circuits which serve the unit.

F.

Impact Sound Insulation. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in Section 1092 of Title 25 of the California Administrative Code, or its successor, and may be replaced only by another floor covering that provides the same or greater insulation.

(Prior code § 10-2.1156)

For the protection of tenants in existing apartments proposed to be converted or redeveloped to a community housing project, all such proposed conversions shall comply with the following requirements:

A.

Each of the tenants shall be given at least ten days' written notice of the place and date of the tentative map hearing before the planning commission and the council.

B.

Each of the tenants shall be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty (60) days after the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code of the state, unless the tenant gives prior written notice of his intention not to exercise the right.

C.

Each of the tenants shall be given the option of a continuing right of occupancy for one year after the tentative map has been approved or for the length of their lease, whichever is greater, with rent increases limited to a maximum of any increase in the rental component of the San Francisco consumer price index. Such continuing right of occupancy shall not be assignable.

D.

The provisions of this section shall not alter or abridge the rights or obligations of the parties in the performance of their covenants, including, but not limited to, the provision of services, the payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2, of the Civil Code of the state.

(Prior code § 10-2.1157)