The purpose of the transportation systems management (TSM) program is to establish requirements for employers and developers to reduce traffic congestion, optimize use of the transportation system, and improve air quality, all in furtherance of the city's general plan goal to reduce vehicle miles traveled by 35 percent. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this chapter,

   "Alternative commute mode" means a trip where the transportation method is other than a single-occupant vehicle.

   "Buspool" means private or public fixed-route transportation service designed to carry eight or more persons.

   "Carpool" means two or more persons commuting in a motorized vehicle to and from work.

   "Ridesharing" means the cooperative effort of two or more persons traveling together using alternative commute modes.

   "Shuttle bus" means a private or public transportation service providing short-distance, fixed-route passenger service, limited to specific destinations and connections, with parking lots or existing transit services.

   "Single-occupant vehicle" means a motor vehicle occupied by one person for commute purposes.

   "Taxipool" means a type of service which a public or private taxi operator provides daily commuter service for a group of preassembled subscribers on a prepaid or daily-fare basis, following a relatively fixed route and schedule.

   "Traffic engineer" means the person appointed by the city manager to the office of traffic engineer pursuant to section 10.08.030.

   "Transit" means public transportation, including bus or light rail services.

   "Transportation coordinator" means an individual trained to promote and implement transportation system management program measures at the worksite.

   "Transportation management association" means an individual or group responsible for the implementation of transportation system management program measures for the purpose of meeting alternative mode requirements for a specific geographical area. The acronym for "transportation management association" is "TMA."

   "Transportation management plan" means a document detailing transportation system management program measures to relieve traffic congestion and reduce vehicle trips to and from work. The acronym for "transportation management plan" is "TMP."

   "Transportation systems management" means measures to better utilize existing transportation facilities and services and promote alternative commute modes. The acronym for "transportation system management" is "TSM."

   "Trip" means a single, one-direction vehicle movement.

   "Vanpool" means a van that sits six or more people commuting to and from work.

   "Vehicle parking facility" means any parking structure or parking area used for the purpose of parking vehicles. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This chapter applies to the following development project types, as defined:

   A.   "Minor project," which means a development project that is expected to be the primary place of business of between 25 and 99 employees based on the employee generation rates in section 17.700.050.

   B.   "Major project," which means a development project that is expected to be the primary place of business of 100 or more employees, based on the employee generation rates in section 17.700.050.

   C.   "Expansion project," which means a development project that proposes structural expansion. If, after expansion, the project will be the primary place of business of between 25 and 99 employees, the project shall be deemed a minor project. If, after expansion, the project will be the primary place of business of 100 or more employees, the project shall be deemed a major project. The number of employees is determined based on the employee generation rates in section 17.700.050. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The following activities are exempt from the requirements of this chapter:

   A.   Temporary construction activities, including activities performed by engineers, architects, contractors, subcontractors, and construction workers, when the activities are related to the construction, development, or other improvement to real property;

   B.   Emergency activities in which persons are employed to render aid or other services during an emergency or natural disaster; and

   C.   Other temporary activities that employ persons for a period of less than 90 days. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The following chart shall be used to estimate the total number of full-time employees expected to occupy a development project under this chapter:

 

 

(Ord. 2020-0006 § 11; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Minor projects. The property owner of every minor project shall post information on alternative commute modes at the project site and shall coordinate with the appropriate transit agency and regional ridesharing agency to maintain and provide current information on alternative commute modes to employees working at the project site.

   B.   Major projects.

      1.   The property owner of a major project shall do all of the following:

         a.   Post information on alternative commute modes at the project site and coordinate with the appropriate transit agency and regional ridesharing agency to maintain and provide current information on alternative commute modes to employees working at the project site;

         b.   Designate a transportation coordinator for the project site;

         c.   Provide an annual status report to the city in a format to be specified by the traffic engineer. At a minimum, the report shall document:

            i.   Commute modes of all employees currently occupying the project;

            ii.   Progress toward attainment of the alternative commute mode goal of the city; and

            iii.   If the alternative commute mode goal has not been attained, a plan for additional TSM measures; and

         d.   Prepare a transportation management plan containing some or all of the measures identified in section 17.700.070 and demonstrating that the measures are adequate to attain the alternative commute mode goal designated for the project. The TMP shall be submitted to the planning director and the traffic engineer for review and approval.

            i.   The measures to be included in the TMP shall be selected initially by the applicant. The planning director and traffic engineer may deny use of a particular measure if the combination of measures specified does not produce a balanced program for trip reduction.

            ii.   After approval by the planning director and traffic engineer, the TMP shall be binding upon the property owner and any successors in interest, and shall be either included in covenants, conditions, and restrictions recorded for the development project, or separately recorded.

            iii.   At any time after the original TMP has been approved, the property owner may request modification of the TMP by filing an application and processing fee in the amount specified by resolution of the city council. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A transportation management plan may include the measures set forth in this section.

   A.   Transportation management association. Formation of a new, or use of an existing, TMA for a specific geographical location.

   B.   Preferential employee carpool and vanpool parking spaces. Designation of a portion of the required employee vehicle parking spaces as "carpool/vanpool only." The spaces shall be located near building entrances, in a covered or shaded area, or other preferential location. If parking fees are imposed, a discount of not less than 50% for carpools and vanpools shall be offered. The administration and enforcement of this parking program shall be the responsibility of the property owner.

   C.   Parking fees. A monthly parking fee for some or all employees whose primary commute method is by a single-occupant vehicle, if the planning director and traffic engineer determine that such a program will not create adverse parking impacts to adjacent developments. The applicant shall specify the amount of parking fees to be imposed throughout the duration of the program, the number of workers anticipated to be required to pay the fees, and the period of time that the program will be in effect.

   D.   Transit passenger shelter. A transit passenger shelter, if the proposed development is located on an existing or designated transit route along a major arterial and a transit agency serving the site determines that a passenger shelter is needed in the vicinity of the development. The applicant shall construct or pay for construction of the shelter on or adjacent to the property. The design, maintenance, liability, and ownership of the shelter and other applicable provisions shall be set forth in an agreement between the applicant and the transit agency.

   E.   Bus or light rail transit station subsidy. Payment of all or part of the cost of land, construction, or maintenance of an existing or designated bus transit center or light rail station located within 1,320 feet of the development project or another center or station within the transit system. The amount of funds, payment arrangements, use of the funds, and other applicable provisions shall be set forth within an agreement between the property owner and the Sacramento Regional Transit District.

   F.   Transit operating subsidy. Payment of a one-time transit operating cost subsidy to a transit agency serving the site, if the development project is located within 1,320 feet of an existing or designated bus route or light rail transit station. The amount of funds, payment arrangements, use of the funds, and other applicable provisions shall be specified within an agreement between the property owner and the transit agency.

   G.   Transit pass subsidy. Payment of 50% to 100% of the cost of a monthly transit pass for employees of the development project who use transit services as their primary commute mode to the subject property. This measure may be utilized only if the proposed development is located within 1,320 feet of an existing or designated transit route and a transit agency serving the site determines that the transit services provided along the adjacent transit route have the capacity to accommodate additional transit riders. The applicant shall specify the total amount of subsidy, the number of passes to be subsidized, and the period of time that the subsidy program will be in effect. The property owner shall enter into an agreement with the transit agency specifying these and other relevant provisions.

   H.   Buspool or shuttle-bus program. A buspool or shuttle-bus service funded by the owner and operated either individually or by contract with a public or private transit agency. The service shall transport employees of the development project from park-and-ride lots, transit stops, or other designated locations to and from the project site. At least one bus shall operate during the morning and afternoon peak commute period. The applicant shall specify the level of services to be provided, the number of employees that are anticipated to utilize this service, the duration of the program, and the amount of user fees, subject to the review of the traffic engineer, the participating transit agency.

   I.   Vanpool program. The purchase, lease, or other subsidy of the capital or operating costs of one or more vanpools for use by the employees of the development project. The applicant shall specify the type and level of vanpool assistance to be provided throughout the duration of the program, the number of vans to be subsidized, the number of anticipated vanpool participants, and the period of time that the vanpool program will be in effect.

   J.   Showers and lockers. Provision of shower and clothes locker facilities for the employees of the development project. The applicant shall specify the number of and location of such facilities and whether user fees will be imposed.

   K.   Land dedication for transit facilities. Dedication of land for construction of a lightrail station or stop if a need is determined by the Sacramento Regional Transit District. Evidence of the land dedication is required prior to issuance of building permit or in conjunction with submittal of the final parcel or tentative map.

   L.   Subsidy for TSM capital improvements. Contribution to a TSM capital improvement program, if the proposed development is located in an area where needed TSM capital improvements have been identified. The TSM capital improvement program will construct facilities that increase the people-moving capacity of the existing transportation system.

   M.   Other. Any other TSM program designed by the applicant to promote alternative mode use approved by the planning director and traffic engineer. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The calculation of credits toward meeting the 35% trip-reduction goal and additional trip reductions necessary to qualify for parking reductions under chapter 17.608 shall be performed by the traffic engineer and the planning director. The calculations shall take into account the development project characteristics, such as distance from bus and transit stations, amount of transit subsidy, parking fees, and the degree to which carpoolers are provided with preferential parking. The maximum trip reduction percentages allowed for each transportation system management measure identified in section 17.700.070 are set forth in this section.

   A.   TMA membership and TSM coordinator: no reduction credit for TSM coordinator; 5% for joining a TMA that has demonstrated 15% trip reduction; 10% for joining a TMA that has demonstrated 30% trip reduction.

   B.   Preferential parking: 10% in the central business district (CBD); 5% outside CBD.

   C.   Parking fees: none in CBD; 10% outside CBD.

   D.   Transit shelter: 2%.

   E.   Bus transit center or light rail station subsidy: 20% in CBD; 15% outside CBD if within 660 feet of major transit station; 10% outside CBD within ¼ mile of bus route or one-half mile of bus transit center or light rail station.

   F.   Transit operating subsidy: 20% in CBD; 15% outside CBD if within 660 feet of major transit station; 10% outside CBD within ¼ mile of bus route or one-half mile of a or bus transit center or light rail station.

   G.   Transit pass subsidy: 80% for new buildings in CBD; 100% for office conversions or additions in CBD; 25% outside CBD.

   H.   Buspool or shuttle program: 20% in CBD; 10% outside CBD.

   I.   Vanpool program: 10%.

   J.   Showers and lockers: 5% in CBD: 2% outside CBD.

   K.   Land dedication for transit: 5%.

   L.   TSM capital improvements: 5%.

   M.   Other: 10%. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of this chapter is to implement California Government Code sections 65915 through 65918, commonly referred to as state density-bonus law. The intent of this chapter is to implement state density-bonus law without local modifications. (Ord. 2024-0053 § 3 (part))

The terms used in this chapter have the meaning ascribed to them in this title and California Government Code sections 65915 through 65918. In the case of a conflict between definitions, the California Government Code prevails. (Ord. 2024-0053 § 3 (part))

A housing development is eligible for a density bonus, incentive or concession, or waiver or reduction of development standards in accordance with California Government Code section 65915. (Ord. 2024-0053 § 3 (part))

   A.   An application for a density bonus, incentive or concession, or waiver or reduction of development standards, must be submitted at the same time as an application for one or more permits for the housing development under chapter 17.808. An application for a density bonus, incentive or concession, or waiver or reduction of development standards will be reviewed concurrently with and in the same manner as the accompanying permit application.

   B.   The application for a density bonus, incentive or concession, or waiver or reduction of development standards will be reviewed for completeness consistent with California Government Code section 65943. (Ord. 2024-0053 § 3 (part))

   A.   If a housing development qualifies for a density bonus under more than one category set forth California Government Code section 65915, subdivision (b), the applicant shall select one category under which the density bonus is to be granted.

   B.   The maximum allowable residential density and base density will be calculated in the manner set forth in California Government Code section 65915, subdivision (o)(6).

   C.   Density bonuses will be granted in the amount set forth in California Government Code section 65915.

   D.   All density calculations, including base density and bonus density, resulting in fractional units will be rounded up to the next whole number.

   E.   The grant of a density bonus does not require a general plan amendment, zoning change, or other discretionary approval.

   F.   The housing development must comply with all objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5. (Ord. 2024-0053 § 3 (part))

   A.   An applicant may request the number of incentives and concessions that the applicant is entitled to under state density-bonus law.

   B.   An incentive or concession will be granted unless the city makes a written finding pursuant to California Government Code section 65915, subdivision (d).

   C.   The grant of an incentive or concession does not require a general plan amendment, zoning change, study, or other discretionary approval.

   D.   Nothing in this section requires the city to provide direct financial incentives for the housing development, including the provision of publicly owned land, fee waivers, or reduction of dedication requirements. Only the city council, in its sole discretion, may approve requests for direct financial incentives. (Ord. 2024-0053 § 3 (part))

   A.   An applicant may submit a proposal for a waiver or reduction of development standards that will have the effect of physically precluding a development meeting the criteria set forth in California Government Code section 65915, subdivision (b), at the densities or with the concessions or incentives permitted under state density-bonus law.

   B.   The city is not required to waive or reduce development standards if the waiver or reduction would:

      1.   Result in a specific, adverse impact upon health or safety, as defined in California Government Code section 65915, subdivision (e), for which there is no feasible method to satisfactorily mitigate or avoid;

      2.   Result in an adverse impact on any property listed in the California Register of Historical Resources; or

      3.   Be contrary to state or federal law.

   C.   A proposal for the waiver or reduction of development standards does not reduce or increase the number of incentives or concessions to which an applicant is entitled pursuant to California Government Code section 65915, subdivision (d).

   D.   If a housing development located within one-half mile of a major transit stop received a waiver from any maximum controls on density, the housing development is only eligible for a waiver or reduction as provided in California Government Code section 65915, subdivision (e). (Ord. 2024-0053 § 3 (part))

   A.   As a condition of approval of any density bonus, incentive or concession, or waiver or reduction of development standards, the applicant shall enter into an agreement with the city, the housing authority acting on behalf of the city, or the Capitol Area Development Authority that is binding upon the applicant and all successors in interest to ensure compliance with state density-bonus law.

   B.   The agreement required by subsection A above must be recorded on the parcel or parcels designated for the construction of the units that will be reserved for sale or rent to, and affordable to, very-low-, lower-, or moderate-income households, or qualifying senior citizen residents. The agreement must be executed and recorded before the final map is approved by the city or if a map is not being processed, before issuance of any building permits for the housing development. (Ord. 2024-0053 § 3 (part))

Apartments converted to condominiums are eligible for a density bonus pursuant to California Government Code section 65915.5. (Ord. 2024-0053 § 3 (part))

A commercial development with an agreement for partnered housing is eligible for a development bonus pursuant to California Government Code section 65915.7. (Ord. 2024-0053 § 3 (part))

This chapter is adopted to implement the goals, objectives, and policies of the city's general plan relating to green building, energy efficiency, and greenhouse gas emissions reduction. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this chapter,

   "CALGreen" means the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

   "Green roof" means a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier, drainage, and irrigation systems. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This chapter applies to nonresidential development. Bonuses for residential development are addressed in chapter 17.704. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Application. A developer seeking approval of a green building bonus shall file a request in conjunction with the project application for site plan and design review.

   B.   Review.

      1.   An application that includes a request for a green building bonus shall be noticed and heard at the director level.

      2.   Notice. In addition to all other information required by this title, the public notice of hearing on the project shall identify the height bonus requested for the project. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   A development project may qualify for a green building height bonus under either or both paragraph 1 or 2 of this subsection below.

      1.   The development is designed and built to meet or exceed CALGreen Tier I or Tier II green building standards.

         a.   A height bonus of 10% of the otherwise allowable height may be granted for a development that meets CALGreen Tier I.

         b.   A height bonus of 20% of the otherwise allowable height may be granted for a development that meets CALGreen Tier II.

         c.   A building permit for a project requesting a green building height bonus under this paragraph 1 shall not be issued until the building official certifies that the plans are consistent with CALGreen Tier I or Tier II standards.

      2.   The development incorporates a green roof or rooftop farm. A height bonus of 10% of the otherwise allowable height may be granted for a green roof or rooftop farm, subject to the following standards.

         a.   The green roof or rooftop farm must cover more than 50% of the net roof area (i.e., the total gross area of the roof minus any roof area covered by mechanical equipment) or 2,000 square feet of contiguous roof area, whichever is greater.

         b.   Documentation must be submitted demonstrating that the roof can support the additional load of plants, soil, and retained water, and that an adequate soil depth will be provided for plants to thrive.

         c.   The roof area must contain sufficient space for future installations (e.g., mechanical equipment) that will prevent adverse impacts (e.g., removal of or damage to plants or reduction in area) on the green roof or rooftop farm.

         d.   The green roof shall comply with the City's water efficient landscape requirements in chapter 15.92. The rooftop farm is exempt from the requirements of chapter 15.92, but must be irrigated with low volume drip irrigation and must use weather-based irrigation controllers.

         e.   The green roof or rooftop farm must be maintained for the life of the building.

   B.   The combined CALGreen and green roof height bonuses shall not exceed 30% of the maximum allowable height.

   C.   The height bonus shall not cause the project's floor area ratio to exceed the maximum allowable floor area ratio in the city's general plan. (Ord. 2015-0005 § 42; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This chapter is intended to require residential projects to contribute to the construction of affordable housing and to implement the policies of the housing element of the city's general plan. (Ord. 2015-0029 § 2)

The following definitions shall apply in this chapter:

   "Affordable dwelling unit" means a dwelling unit rented at an affordable rent or sold at an affordable housing price.

   "Affordable housing price" means a sales price at which low income households can qualify for the purchase of for-sale dwelling units. Qualification shall be based on no more than 35% of income being applied to housing expenses (mortgage principal and interest, taxes, insurance, and assessments).

   "Affordable rent" means a monthly rent consisting of a maximum of one-twelfth of 30% of 80% of the median income applicable to Sacramento County, adjusted for household size appropriate to the unit, less a reasonable allowance for utilities. The median income applicable to Sacramento County is determined annually by the United States Department of Housing and Urban Development.

   "Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city approvals for all or part of a development project. Developer includes "owner."

   "Development agreement" means an agreement entered into between the city and a developer pursuant to chapter 18.16 and California Government Code section 65864.

   "Development project" means any real estate development project that includes market rate residential dwelling units. Projects at one location undertaken in phases, stages, or distinct sections are considered a single development project.

   "Executive director" means the executive director of the Sacramento Housing and Redevelopment Agency or designee.

   "Inclusionary housing plan" means the plan setting forth the elements of a development project's affordable dwelling units required by Ordinance No. 2000-039.

   "Low income household" means a household whose income does not exceed 80% of median income applicable to Sacramento County, adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development pursuant to section 8 of the United States Housing Act of 1937.

   "Market rate" means not restricted to an affordable housing price or affordable rent.

   "Mitigation Fee Act" means chapter 5 (sections 66000 through 66025) of division 1 in title 7 of the California Government Code.

   "Mixed income housing strategy" means an approved development plan that is consistent with Housing Element policy and may provide credit towards the housing impact fee through construction of affordable dwelling units, dedication of land to the city, or other mechanism.

   "Nexus study" means a study, adopted by resolution of the city council, that analyzes the connection between projected residential development and the cost of addressing the need for affordable housing for lower income households created by the residential development.

   "Owner" means a person, partnership, joint venture, association, corporation, or public or private entity that has sufficient proprietary interest in real property to commence, maintain, and operate a development project.

   "Residential project" means the entirety of a residential development with market rate dwelling units in a development project.

   "Self-help housing developer" means a not-for-profit organization that develops housing for sale to low income households at an affordable housing price. The organization may permit or require purchasers to participate in the construction of affordable dwelling units.

   "SHRA" means the Sacramento Housing and Redevelopment Agency, a joint powers agency. (Ord. 2015-0029 § 2)

   A.   If a residential project does not exceed 100 gross acres in size, the owner shall pay a housing impact fee on all newly constructed market rate dwelling units pursuant to section 17.712.050.

   B.   If the residential project exceeds 100 gross acres in size, the owner shall pay a housing impact fee on all newly constructed market rate dwelling units pursuant to section 17.712.050, and obtain city council approval of a mixed income housing strategy that demonstrates how the project provides housing for a variety of incomes and family types consistent with the housing element policy. The planning director shall review the proposed mixed income housing strategy in consultation with the executive director of SHRA. The planning director shall recommend approval, modification, or denial of the proposed mixed income housing strategy in conjunction with the development project's earliest planning approvals, consistent with the provisions of section 17.808.260. The city council and planning and design commission shall consider the amount of regulated affordable housing in the vicinity.

      1.   The mixed income housing strategy may provide for fee credits for land dedication to SHRA, construction of affordable dwelling units, or other mechanisms that lead to the provision of affordable housing.

         a.   Land dedication must be approved and accepted by the SHRA consistent with the guidelines prepared pursuant to section 17.712.090.

         b.   Multi-unit dwelling development projects constructed for fee credit under this subsection may contain any proportion of affordable dwelling units. However, no multi-unit dwelling development project consisting of more than 50% affordable dwelling units and constructed for credit under this subsection may be located within 400 feet of another multi-unit dwelling development project with more than 50% affordable dwelling units.

         c.   The maximum number of affordable dwelling units in any multi-unit dwelling development project constructed for credit under this subsection shall be 150.

      2.   The mixed income housing strategy may provide for a fee credit for donation of land to a self-help housing developer. Land donated must have all site improvements completed. The home must have a recorded affordability covenant that restricts resale to the satisfaction of the city and SHRA.

   C.   A residential project subject to an inclusionary housing plan approved prior to the effective date of the ordinance adopting this chapter may either:

      1.   Comply with the approved inclusionary housing plan; or

      2.   Comply with the provisions of this chapter.

   D.   Affordable dwelling units constructed pursuant to subsection B.1 of this section shall have a regulatory agreement recorded on title, requiring the units to remain affordable for a period of no less than 30 years. The agreements shall be monitored by SHRA and the owners shall be subject to monitoring fees as established by the guidelines authorized by section 17.712.090. (Ord. 2015-0029 § 2)

The following development projects are exempt from this chapter and generate no affordable housing obligation:

   A.   Mobilehome parks.

   B.   Development projects in which at least 10% of the dwelling units are affordable dwelling units. The affordable dwelling units shall have a regulatory agreement recorded on title, requiring the units to remain affordable for a period of no less than 30 years. The agreement shall be monitored by SHRA and the owners shall be subject to a monitoring fee as established by the guidelines authorized by section 17.712.090.

   C.   A new single-unit dwelling built by an owner-builder on his or her property if:

      1.   The owner does not intend to sell the dwelling within two years of completion of construction, and

      2.   The owner has not utilized this exemption set forth in this subsection on another dwelling within two years of applying for a building permit for the new dwelling, and

      3.   The owner personally performs the work, or the owner directly contracts with a contractor to perform the work.

   D.   Accessory dwelling units and junior accessory dwelling units.

   E.   A development project subject to a development agreement adopted prior to October 3, 2000 (adoption date of Ordinance No. 2000-039), provided the development agreement has not expired.

   F.   A development project that obtained approval of site plan and design review or a tentative map prior to the effective date of the ordinance adopting this chapter, provided the project was exempt from the requirements of Ordinance No. 2000-039 at the time of application submittal. Subsequent modifications to or reapprovals of the approved site plan and design review or tentative map that do not increase or decrease the number of units by more than 10% shall not affect a development project's exemption pursuant to this subsection.

   G.   A multi-unit dwelling development project for which an application for site plan and design review or a tentative map had been submitted in accordance with section 17.800.010 prior to the effective date of the ordinance codified in this chapter, provided the development project was exempt from the requirements of Ordinance No. 2000-039 at the time of application submittal.

   H.   Uninhabitable square footage without conditioned air, such as garages, carports, open porches, open entryways, pool houses, storage, patio covers, and unfinished basements.

   I.   Community rooms for residential developments. (Ord. 2024-0017 § 65; Ord. 2021-0023 § 43; Ord. 2015-0029 § 2)

   A.   A housing impact fee is established and imposed on real property for which a residential project is proposed pursuant to the provisions of this chapter and as further described in the nexus study.

   B.   The city council, by resolution, shall establish the specific amount of the housing impact fee for the various categories of housing type as identified in the nexus study and as determined appropriate by the city council, and shall make the findings required by this section in establishing the amount of the fees. In addition, the city council, by resolution, may adopt additional provisions, policies, and procedures to implement and administer the provisions of this chapter. The amounts of fees and the policies and procedures adopted by resolution pursuant to this subsection shall be consistent with the purposes of this chapter and the nexus study.

   C.   At the time it considers the amount of the fees established pursuant to this section, or at the time of amending the fees other than in making an automatic annual adjustment to the fees in the manner provided by subsection E, the city council shall adopt the amount of such fees if it makes the following findings in support of such fees:

      1.   A finding that such fees have been determined and calculated in the manner consistent with the nexus study; and

      2.   The following additional findings required by the Mitigation Fee Act that demonstrate there is a nexus between the low income housing for which such fees are imposed and the need for such low income housing created by the residential development upon which the fees are imposed:

         a.   Findings that identify the purpose of the fees,

         b.   Findings that identify the use to which the fees are to be put,

         c.   Findings that demonstrate that there is a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed,

         d.   Findings that demonstrate that there is a reasonable relationship between the need for low income housing and the type of residential development project on which the fees are to be imposed, and

         e.   Findings that demonstrate how there is a reasonable relationship between the amount of the fees and the cost of the low income housing attributable to the development project on which the fees are imposed;

      3.   In making findings pursuant to this section and any other findings, the city council may consider all matters, whether offered orally or in writing, presented at the hearing or hearings conducted for the purpose of establishing or amending the fees, and any and all oral and written material presented to the city council and planning and design commission in connection with the adoption, approval, or amendment of the nexus study.

   D.   At the time of setting the amount of the fees established pursuant to this chapter, or at the time of amending such fees other than in making an automatic annual adjustment to the fees, the city council shall hold a public hearing on the proposed fees or proposed amendment of fees in the manner required by the Mitigation Fee Act.

   E.   The fees established pursuant to this section shall be adjusted automatically to take into consideration inflation on July 1 of each year by a factor equal to the percentage increase, if any, in the construction cost index for San Francisco (based on 1913 U.S. average = 100) during the 12 months ending on the preceding March 1 as published by Engineer News Record/McGraw-Hill Construction Weekly, or any substitute index that the city council adopts by resolution. The planning director shall be responsible for calculating the adjustment, if any, to the fees and shall advise the city clerk of the amended fees.

   F.   The effective date of any resolution adopted by the city council that establishes or amends the amount of the fees imposed under this chapter shall be determined in accordance with California Government Code section 66017.

   G.   The methodologies set forth in the nexus study shall be used as the basis for setting the amount of the housing impact fees. Applicants for building or other development permits shall include plans and calculations prepared by the applicant or applicant's agent, specifying data necessary to calculate housing impact fees, including, without limitation, the square footage of each use, and other relevant data as may be required by the planning director, or authorized designee(s). All fees due under this chapter shall be determined and calculated by the planning director, or authorized designee(s).

   H.   Unless exempt from payment under section 17.712.040, no building permit or building permit extension for a project described in section 17.712.030 shall be issued or granted unless and until the full amount of the housing impact fee has been paid to the city in accordance with the provisions of this chapter.

   I.   The fees described in subsections A and B will be deemed "imposed" for purposes of the Mitigation Fee Act when the planning director gives the building-permit applicant a written notice that does both of the following:

      1.   States the amount of the fees as final.

      2.   Notifies the applicant that the 90-day period in which the applicant may protest has begun. (Ord. 2015-0029 § 2)

   A.   The owner of property subject to the housing impact fees established by this chapter may protest the housing impact fees imposed on the project by filing a written protest notice with the planning director in the manner provided and within the times specified in the Mitigation Fee Act.

   B.   Concurrently with filing the written protest notice, the owner must tender to the planning director the full amount of the fee under protest, together with payment of a non-refundable protest-filing fee in the amount established by resolution of the city council to offset the city's costs of processing the protest and any appeal. The owner is liable for the city's actual cost to process the protest, including the cost of any appeal to the city council, to the extent that the actual cost exceeds the filing fee. The city may deduct the excess amount from any refund found due and owing to the owner or may add it to the amount of the fee found to be due or owing from the owner.

   C.   The planning director shall consider the protest at an informal hearing held within 60 days after the filing of the protest notice. The planning director shall issue a written decision on the protest and send a copy of the decision to the applicant by first-class mail, postage prepaid, within 15 days after the later of the following: the date of the in-formal hearing, or the date the planning director sets during the informal hearing for the applicant's submission of any additional evidence the planning director determines to be necessary to the decision. The applicant's failure to timely submit additional information requested by the planning director may result in denial of the protest. The planning director's decision is final and not appealable, except as provided in subsections F and G.

   D.   The planning director shall consider the following when determining whether to approve or deny a protest:

      1.   The matters set forth in California Government Code section 66001, subdivisions (a) and (b).

      2.   The substance and nature of the evidence presented by the applicant.

      3.   The facts, findings, and conclusions stated in the nexus study, including technical information, studies, audited construction costs, and reports contained within and supporting the nexus study, together with findings supporting the resolution setting the amount of the housing impact fee. The applicant must present comparable technical information, studies, and reports to demonstrate that the housing impact fee is inappropriate for the development project involved.

   E.   If the protest is granted, and the housing impact fee is adjusted, any change in use within the particular development project involved in an application shall invalidate the adjustment of the housing impact fee if the change in use would render the adjustment inappropriate.

   F.   The applicant may appeal the planning director's decision to the city council in accordance with chapter 1.24 by filing a notice of appeal with the city clerk within 10 days after the date the planning director mails the decision. In deciding the appeal, the city council or the appointed hearing examiner, as the case may be, shall consider the factors set forth in subsection D. The city clerk shall mail the city council's or hearing examiner's decision to the applicant by first-class mail, postage prepaid, within five days after the decision is rendered. The decision will be final and not appealable, except as provided in subsection G.

   G.   The protest procedures in this section are administrative procedures that must be exhausted before the filing of any petition seeking judicial review. Such a petition must be filed under California Code of Civil Procedure section 1094.5 on or before the later of the following: the 90th day after the date on which the decision is mailed to the applicant, or the expiration of the 180-day limitation period provided by the Mitigation Fee Act. (Ord. 2015-0029 § 2)

   A.   All fees collected pursuant to section 17.712.050 shall be placed in the citywide low income housing fund and shall be administered and used for the purposes described in article IV of chapter 18.56.

   B.   Annual Evaluation. Commencing one year after the effective date of the ordinance adopting this chapter, and annually thereafter, the SHRA director and planning director shall report to the city council, the planning and design commission, and the Sacramento housing and redevelopment commission on the status of activities undertaken with the housing fund. The report shall include:

      1.   A statement of income, expenses, disbursements, and other uses of the fund;

      2.   Identification of projects generating fee revenue;

      3.   The current fee amount reflecting the automatic annual adjustment under section 17.712.050.E, if any;

      4.   The total number and location of low and very low income housing units constructed or assisted during that year and the amount of such assistance;

      5.   Plans for how the money will be spent;

      6.   Any recommended changes to this chapter necessary to carry out its purposes; or

      7.   Any recommended adjustments to the fee. (Ord. 2021-0024 § 36; Ord. 2015-0029 § 2)

Affordable dwelling units constructed using housing impact fees paid pursuant to this chapter, or constructed through an inclusionary housing plan, or a mixed income housing strategy, shall be visually compatible with surrounding market rate dwelling units and accommodate diverse family sizes by including dwelling units with different numbers of bedrooms, as determined by the approval authority, upon recommendation of the executive director. External building materials and finishes, front yard landscaping, and amenities shall be of the same type and quality for affordable dwelling units as for market rate dwelling units. (Ord. 2015-0029 § 2)

The executive director of SHRA, in consultation with the planning director, shall prepare guidelines to ensure compliance with this chapter. The guidelines shall be adopted by resolution of the city council. (Ord. 2015-0029 § 2)

The city council finds it necessary to establish requirements and procedures for the control and approval of residential condominium new construction and residential condominium conversions. By their unique character and requirements, condominium and condominium conversion projects differ from other subdivisions and apartments. The uniqueness of these projects tend to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect, and blight that impact the public health, safety, welfare, and economic prosperity of the city. These projects may conflict with the city policies of providing a reasonable balance of rental and ownership housing within the city and within the city's neighborhoods; providing a variety of individual choice of tenure, type, price and location of housing; and insuring an adequate supply of rental housing for low- and moderate-income persons and families. It is also recognized, however, that these projects may benefit the city by providing a source of low- and moderate-income ownership housing. To insure that problems are avoided in both the short- and long-term, while maximizing the benefits of these projects, it is the intent of the city to treat these projects differently from the multi-unit dwellings or other structures that are not condominium new construction and condominium-conversion projects. This chapter is intended to apply only to residential condominium projects-both new construction and conversions-and to insure these projects are consistent with policies and objectives of the city, particularly the following:

   A.   To make adequate provision for the housing needs of all economic segments of the community;

   B.   To facilitate inhabitant ownership of residential units, while recognizing the need of providing a reasonable balance of rental and ownership housing;

   C.   To help mitigate the impact of eviction for residents of rental units as a result of their units being converted to condominiums;

   D.   To inform existing tenants and prospective condominium purchasers of the construction or conversion applications, its overall impacts, and the physical conditions of the structure offered for purchase; and

   E.   To insure that new units being constructed, and rental units being converted to condominiums, meet the reasonable physical standards required by this chapter and all other provisions of this code. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this chapter, certain words and terms have the following meanings:

   "Affected community plan area" means the community plan area within which a building proposed for conversion is located and any other community plan area the boundary of which is located within a quarter mile of the building proposed for conversion.

   "Applicant" means the owner or subdivider with a controlling interest in the proposed project, and any successors in interest.

   "Association" means the organization created to own, lease, manage, maintain, preserve, and control the lots, parcels, or areas of a project, or any portions thereof or interests therein owned in common by the owners of the separately owned condominium units.

   "Building of similar size." All residential buildings with two, three, or four dwelling units are deemed to be of similar size. All residential buildings with five or more dwelling units are deemed to be of similar size.

   "Common area" means an entire condominium project, excepting all units therein.

   "Comparable housing" means housing as described in section 17.716.050.R.1.c of this chapter.

   "Condominium" means and includes:

      1.   "Condominium" as defined in section 783 of the Civil Code;

      2.   "Community apartment project" as defined in section 11004 of the Business and Professions Code;

      3.   "Stock cooperative" as defined in section 11003.2 of the Business and Professions Code; and

      4.   "Planned development" as defined in section 11003 of the Business and Professions Code.

   The term "condominium" includes the conversion of any existing structure for sale pursuant to a method described in paragraphs (1) through (4) of this definition.

   "Condominium conversion" or "conversion" means a change in the ownership of a parcel or parcels of property, together with structures thereon, whereby the parcel or parcels and structures previously used as rental units are changed to condominium ownership.

   "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, that are to be divided into condominium ownership.

   "Condominium unit" or "units" means the individual spaces within a condominium project owned as individual estates.

   "Eligible tenant" means any tenant who was a resident of the project proposed for conversion on the date notice of intent to convert is given pursuant to section 17.716.050.B.1 of this chapter and on the date of approval of the conditional use permit and tentative map for the condominium conversion.

   "Low income," when used by itself or as a modifier of a person, household, or other term, means 80% or less of the median income as established annually by the U.S. Department of Housing and Urban Development for the Standard Metropolitan Statistical Area within which the proposed conversion project is located as adjusted for the number of members of the household.

   "Moderate income," when used by itself or as a modifier of a person, household, or other term, means 81% to 120% of the median income as established annually by the U.S. Department of Housing and Urban Development for the Standard Metropolitan Statistical Area within which the proposed conversion project is located as adjusted for the number of members of the household.

   "Organization documents" means declaration of covenants, conditions and restrictions, title of incorporation, by-laws, and any contracts for the maintenance, management, or operation of all or any part of a project.

   "Residential condominium project" means a condominium project intended for residential occupancy, the conversion of a building used for multi-unit rental housing to condominium ownership intended for residential or nonresidential occupancy, and the conversion of a nonresidential building to condominium ownership intended for residential occupancy.

   "Special category" refers to persons or tenants who fall within one or more of the following categories:

      1.   "Elderly" means individuals 62 years of age or older;

      2.   "Handicapped" or "disabled," as defined in section 50072 of the California Health and Safety Code or section 223 of the United States Social Security Act;

      3.   "Low income," as defined in this section;

      4.   "Moderate income," as defined in this section;

      5.   "Single heads of households" means residing with one or more minor children.

   "Unjust eviction" means an eviction for other than one or more of the following reasons:

      1.   The tenant has failed to pay the rent to which the landlord is entitled;

      2.   The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure the violation after receiving written notice from the landlord;

      3.   The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit, an appurtenance, or to the common areas of the property containing the rental unit; or is creating an unreasonable interference with the comfort, safety, or enjoyment of other residents of the same or any adjacent building;

      4.   The tenant is using or permitting a rental unit to be used for any illegal purpose;

      5.   The tenant who had a written lease or rental agreement that terminated on or after the effective date of this provision, has refused, after written request or demand by the landlord, to execute a written extension or renewal for a further term of like duration with similar provisions and on terms not inconsistent with, or violative of, the provision of this chapter;

      6.   The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to a prospective purchaser or mortgagee; or

      7.   The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.

   "Unreasonable economic hardship" means a hardship that renders the project economically infeasible and incapable of being accomplished in a successful manner within a reasonable period of time.

   "Unreasonable rent increase" means an increase in rent that substantially exceed the housing component of the Consumer Price Index on an annualized basis and that cannot otherwise be justified by costs of physical improvements to the building or site, repairs for damage, taxes, or other expenses attributable to the operation of the building, or by changes in the market demand for rental housing. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Conditional use permit required. No condominium conversion is permitted until a conditional use permit therefor has been issued in accordance with this chapter and section 17.808.200. The provisions of section 17.808.200 apply to applications for conditional use permits for condominium conversions, and the provisions in this chapter-including those relating to notice requirements, applications, development standards, and findings-apply in addition to the provisions of section 17.808.200. If a provision of this chapter conflicts with a provision of section 17.808.200, the provision of this chapter prevails.

   B.   Hearing. Both the planning and design commission and city council shall hold at least one public hearing on an application for a conditional use permit for a condominium conversion under section 17.716.050. At the conclusion of its hearing, the planning and design commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken of each motion on the matter. The hearing by the city council shall be noticed and held in accordance with all the requirements of this chapter and section 17.808.200.

   C.   Expiration of conditional use permit for failure to establish use. The expiration of a conditional use permit issued under this chapter is governed by the provisions of section 17.808.400, provided that a condominium conversion project is deemed established when one unit in the project has been sold to an individual purchaser other than the owner or applicant.

   D.   Determination of vacancy rate. The planning director shall determine and make public on March 1st each year, the average rental vacancy rate in each community plan area in accordance with accepted industry reporting methods. The vacancy rates shall be calculated on the basis of multi-unit rental vacancy by community plan area. These vacancy rates shall be submitted to, and considered by, the planning and design commission and city council in connection with the review of applications for conditional use permits for condominium conversion projects under this chapter. At any hearing wherein such an application is considered, any person may present evidence concerning the accuracy of the city-determined vacancy rate, or the rate contended by the applicant, and the city planning and design commission and city council may consider, but shall not be bound by, that evidence.

   E.   Exception: condominium conversions of certain buildings located in the central city. Notwithstanding this section and section 17.716.050, the conversion to condominiums of buildings located within the central city that were constructed pursuant to building permits issued on or after January 1, 1999, and on or before December 31, 2002, shall be governed by this section; provided that the application for conversion is filed on or before January 1, 2010, and thereafter pursued diligently to completion. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Development standards. The development standards in this section apply to new condominium construction.

      1.   Utilities.

         a.   Sewer. Each condominium unit shall have a separate sewer service hookup; provided, that the planning and design commission may permit the use of common sewer lines that are oversized by one size or more, or that are hydraulically designed with a 100% safety factor, where the planning and design commission, with the concurrence of the city engineer, finds the common sewer lines can adequately service the condominiums and that separate service hookups would not be feasible.

         b.   Water. Each condominium unit shall have a separate water service hookup or shutoff; provided, that the planning and design commission may permit a single water system to service more than one condominium unit where shutoffs are provided wherever practicable and where the planning and design commission, with the concurrence of the city engineer, finds that the single water system can adequately service the condominiums and separate service hookups or shutoffs are not feasible.

         c.   Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility.

         d.   Electricity. Each condominium unit shall have a separate electrical service, with separate meters and dis-connects and ground fault interrupters where and as required by the building code.

      2.   Sound attenuation. Each condominium unit shall comply with the state of California's Noise Insulation Standards (Title 24 of the California Code of Regulations).

      3.   Ownership organization. All condominium projects shall have an ownership association responsible for the care and maintenance of all common areas, common improvements, and any other interest common to the condominium owners. Complete and true copies of all covenants, conditions, and restrictions; articles of incorporation; and by-laws shall be subject to review and approval by the city prior to occupancy as a condominium unit. The city may be made a third party beneficiary to all or any portion of the covenants, conditions, and restrictions as deemed appropriate.

      4.   Building code requirements. Each unit of a condominium project, and all commonly owned portions of a condominium building shall comply with all applicable building code standards. Nothing herein shall be construed to prevent or prohibit the applicant or the city from providing or requiring building standards greater than those set forth in the building code where the greater standards are found to be necessary to carry out the purposes and intent of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Conditional use permit application. Recognizing that the conversion of existing structures that have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a conditional use permit for a condominium conversion project shall include the following information in addition to that required by chapter 17.800:

      1.   A boundary map drawn to scale showing the location of all existing easements, structures, existing trees, and other improvements on the property;

      2.   Proposed organizational documents, including the covenants, conditions, and restrictions to be recorded pursuant to section 1350 et seq., of the Civil Code. The organizational documents shall provide for the following:

         a.   Transfer of title to each unit;

         b.   Assignment of parking for each owner;

         c.   The management of common areas within the project and minimum maintenance requirements for continued compliance with applicable health and safety standards established by the city;

         d.   A proposed annual operating budget, including a report disclosing the amount of deposit to be provided by the developer and the manner in which it was calculated, to defray expenses of the association in replacing and maintaining major mechanical and electrical equipment;

         e.   The FHA regulatory agreement, if any; and

         f.   The anti-discrimination provisions set forth in subsection J of this section;

      3.   Property report. The property report shall describe the condition and estimate the remaining useful life of each of the following elements of each structure located within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, and structural elements. The property report shall include a structural pest control report.

   The property owner shall state what the sound transmission class and sound impact class of the existing floor-to-ceiling and wall-to-wall assemblies of each unit are. The report shall also explain, in lay terms, what the class ratings mean and state what measure, if any, the applicant will take to improve sound attenuation between units.

   The property report shall list each appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance.

   Each portion of the property report shall be prepared by an appropriately licensed engineer, except that the structural pest control portion of the property report shall be prepared by a licensed structural pest control operator in compliance with Chapter 14 of Division 13 of the California Business and Professions Code;

      4.   A building history report including the following:

         a.   The date of construction of all elements of the project;

         b.   A statement of the major uses of the project since construction;

         c.   The date and description of each major repair of any element since the date of construction. A "major repair" is any repair requiring an expenditure of $1,000.00 or more;

         d.   The date and description of each major renovation of any element since the date of construction. A "major renovation" is any renovation requiring an expenditure of $1,000.00 or more; and

         e.   The name and address of the current owner of all improvements and the underlying land;

      5.   Noncompliance report. A report identifying all characteristics of the building not in compliance with this title or applicable building or housing codes;

      6.   Capital contribution statement. A statement as to whether the applicant will provide any capital contribution to the association for deferred maintenance of the common areas, the sum of the contribution, and date on which the association will receive the sum;

      7.   A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; the monthly rental rate for the preceding three years for each unit; the average monthly vacancy over the preceding three years; the number of evictions over the preceding three years; and the number and type of special category tenants for each unit presently residing in the project and over the preceding three years;

      8.   Affidavit for failure to submit information. Failure to provide any information required by subsections A.3, 4, 5, 6, and 7 of this section, shall be accompanied by an affidavit or declaration given under penalty of perjury, setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained;

      9.   Relocation assistance report. A detailed report describing the relocation assistance to be given to each eligible tenant and the availability of comparable replacement housing for each eligible tenant. Comparable replacement housing is defined in subsection R.1.c of this section;

      10.   Report on the sales and lease program for qualified low- and moderate-income tenants. A detailed report describing the methods by which the applicant shall comply with the provisions of subsections F and I of this section, sales and lease program for qualified low- and moderate-income tenants. The description shall include, where applicable, the appraised apartment market value of the project and each unit. This description shall be supported by an affidavit or declaration under penalty of perjury as to its truth and accuracy;

      11.   Tenant survey. A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, why each tenant moved into the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit within the price range estimated for the project, where each tenant would relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. To comply with this provision the applicant shall provide a questionnaire, in a form approved by the city, to each tenant with an envelope, postage-prepaid, addressed to the city planning department. The questionnaire shall direct the tenant to return the completed form directly to the city planning department;

      12.   Additional information. In addition to the information required in subsections A.1 through 11 of this section, the city council, planning and design commission, or planning director may require additional information necessary to evaluate the conversion project in order to make proper findings in accordance with the purposes and intent set forth in section 17.716.010, and as required by subsection R of this section, the adopted city general plan, or any specific or community plan or element thereof in effect at the time of such application. Such information may include, but shall not be limited to:

         a.   An economic report comparing the units in the conversion project, as both rentals and owners units, with housing available within the community plan areas affected by the project;

         b.   An economic report on proposed project unit costs, monthly association costs, and comparative rates city-wide;

         c.   An economic report on availability of comparable rental units at similar rental rates remaining within the affected community plan areas, including vacancy rate information;

         d.   A report outlining the available low- and moderate-income housing units (rental and sales housing) within the affected community plan areas;

         e.   A report on the feasibility of providing all or a portion of the conversion units for sale to low- and moderate-income individuals or families;

         f.   A report on the feasibility of not converting a portion of the total units in order to retain them for rental occupancy; and

         g.   Any additional information considered reasonable in determining housing needs, housing availability, costs, and housing impacts of the proposed conversion; and

      13.   Conditional use permit application and fee. The application for a conditional use permit shall be accompanied by a fee as established by resolution of the city council.

   B.   Notices.

      1.   Notice of intent to convert. At least 60 days prior to filing an application for a conditional use permit for a condominium conversion pursuant to this chapter or for a tentative subdivision map to convert an existing residential building into condominium ownership, the applicant shall notify all the tenants of the project, the city, and the local project area committees, if any, of the intended conversion. The notice must be written in non-technical language comprehensible to all tenants of the building. The notice shall include the following:

         a.   A general description of the proposed project;

         b.   The name of the current owner and applicant and where such person or persons can be contacted;

         c.   The anticipated schedule of approval and conversion;

         d.   A detailed description of the applicant's plans for relocation of tenants, relocation assistance, compliance with the sales and lease program for qualified low- and moderate-income tenants, and limitations on rent increases;

         e.   Notification of the tenant's rights to receive notice of hearings in the following form:

NOTICE

To the occupants of: __________________________________________________

The owner(s) of this building, at __________________________________________

                           (address)

plans to file a Tentative Map with the City of Sacramento to convert this building to a condominium. You shall be given notice of each hearing for which notice is required pursuant to sections 66451.3 and 66452.2 of the Government Code, and you have the right to appear and the right to be heard at such hearing.

_______________________________

Signature of owners or owner's agent

______________________________

         (date)

         f.   Notification of the tenants' right to purchase the unit they are renting; to receive notice of intention to convert prior to termination of tenancy due to the conversion, and to receive notice of final approval of the application within 10 days of approval of the final map; and

         g.   Notification that the tenants will be given 10 days written notice that an application for a public report has been or will be submitted to the department of real estate and that such report will be available on request.

      2.   Notice of hearings on conditional use permit. In addition to the notice provisions of chapter 17.812, notice of the time, date, and place that the conditional use permit is to be heard by the planning and design commission and city council shall be mailed by the planning director to the tenant of each unit proposed to be converted to condominium ownership. The notice shall be provided at least 10 but no greater than 30 days before the hearing date, and the notice shall include the following information:

         a.   The time, date, and place of the hearing on the application;

         b.   A general description of the proposed project in nontechnical language;

         c.   The location and time at which tenants and other interested persons may review the planning department staff report on the application and the materials submitted with the application pursuant to subsection A of this section; and

         d.   That the tenants shall have the right to appear at the hearing and be heard.

      3.   Application to be made available for inspection. The applicant shall make available for public inspection the materials submitted with the application for the conditional use permit pursuant to subsection A of this section and the tentative map at the Sacramento Central Library and branch library nearest to the project site and on the project site itself, in the project manager's office or the central office.

      4.   Staff report to be made available for inspection. The planning director shall serve on the applicant and each tenant of the subject property a copy of staff's report and recommendation on the application at least three days prior to the hearing or action on the application by the commission.

   C.   Development standards. The development standards in this subsection C apply to condominium conversions.

      1.   Utilities.

         a.   Sewer. Each condominium unit shall have a separate sewer service hookup; provided, that the city council may permit the use of common sewer lines that are oversized by one size or more, or which are hydraulically designed with a 100% safety factor, where the council, with the concurrence of the city engineer, finds the common sewer lines can adequately service the condominiums.

         b.   Water. Each condominium unit shall have a separate water service hookup or shutoff; provided that the city council may permit a single water system to service more than one condominium unit where shutoffs are provided wherever practical and where the council, with the concurrence of the city engineer, finds the single water system can adequately service the condominiums.

         c.   Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility.

         d.   Electricity. Each condominium unit shall have a separate electrical service, with separate meters and dis-connects, and ground fault interrupters where ground fault interrupters are required by present building codes.

      2.   Sound attenuation. Floor-to-ceiling and wall-to-wall assemblies between each condominium unit must meet sound transmission and sound impact classes of 50 lab test, or 45 field test, as prescribed in the Uniform Building Code for new construction.

      3.   Ownership association. All condominium conversion projects shall have an ownership association responsible for the care and maintenance of all common areas and common improvements and any other interest common to the condominium owners. Complete and true copies of all covenants, conditions, and restrictions; articles of incorporation; and by-laws shall be subject to review and approval by the city prior to occupancy as a condominium project. The city may be made a third party beneficiary to all or any portion of the covenants, conditions, and restrictions, as deemed appropriate.

      4.   Building code requirements. A building proposed for conversion, and each unit within the building, shall comply with all applicable building code standards in effect at the time of the last alteration, repair, relocation, or reconstruction of the building, or, if none, at the time of first construction; and shall comply with current provisions of the city housing code (chapter 8.100). Nothing herein shall be construed to prevent or prohibit the applicant or the city from providing or requiring building standards greater than those set forth in the building code where the greater standards are found to be necessary to carry out the purposes and objectives of this chapter.

      5.   Other standards. Any other standards the council may adopt by resolution.

      6.   Building code compliance. No building shall be permitted to be converted to condominium ownership unless the building was constructed and subject to a building permit issued under the provisions of the then-applicable Uniform Building Code.

      7.   Full compliance after effective date of title. No building constructed after January 15, 1980, (the effective date of Ordinance No. 4305, Fourth Series), shall be permitted to be converted to condominium ownership unless the building was constructed in full compliance with all applicable building codes and the development stand-ards contained in subsection C of this section, applicable to new condominium construction, in effect at the time of the last alteration, repair, relocation or reconstruction of the building, or, if none, at the time of first construction.

   D.   Building inspection.

      1.   After reviewing the property report required pursuant to subsection A.3 of this section and after inspecting the structure within the project when deemed necessary, the building official shall identify and make available to the planning and design commission and city council all items evidenced by such reports or inspection to be in noncompliance with applicable building and housing codes or to be hazardous to the life, health, or safety of an occupant of the units within the project or the general public. A conditional use permit for a conversion shall require all such items to be corrected to the satisfaction of the building official.

      2.   If the proposed project does not comply with the provisions of subsection C.2, 3, or 6 of this section relating to utilities, sound attenuation, and building code compliance, or if the building official identifies items to be corrected as provided in paragraph 1 of this subsection, any conditional use permit issued pursuant to this part shall require the developer to furnish a performance bond in an amount to be determined by the building official to be the reasonable estimated cost to bring the project into compliance with the codes and to make all necessary repairs. The bond shall run in favor of individual purchasers and the association. The bond shall provide for reasonable attorney's fees in the event of default by the principal.

   E.   Tenant and buyer protection provisions. In addition to the tenant protection provisions set out in sections 66427.1 and 66452.9 of Government Code, the applicant shall comply with the provisions of subsections F through and including P of this section as a condition of any conditional use permit for a condominium conversion project approved pursuant to this section.

   F.   Sales program for qualified low and moderate income tenants.

      1.   Purpose of the program. The primary purpose of the sales and lease program is to mitigate the special impact a conversion project has on the low- and moderate-income tenants living in the project before conversion. This special impact is the result of the conversion project displacing these tenants while at the same time reducing the number of rental housing units in the market. The displaced low- and moderate-income tenants are more severely affected than other tenants and other individuals because of their inability, in most cases, to purchase the converted unit, their resulting immediate need to find replacement housing, and their lesser financial ability to compete for the remaining available rental units in the market. The proposed sales and lease program addresses the problem by providing ownership opportunities for low and moderate income tenants, thereby taking those tenants out of the rental market along with the converted unit, and by providing renewable leases for those tenants who cannot purchase, thereby retaining those units in the rental market for as long as the tenants are in need of them. Any alternative program approved by the city council under paragraph 8 of this subsection must specifically address the special impacts identified in this paragraph.

   A secondary purpose of the sales and lease program is to use condominium conversion projects as a source of low- and moderate-income ownership housing. Any alternative program approved by the city council under paragraph 8 of this subsection should provide ownership opportunities to qualified low- and moderate-income tenants where feasible and consistent with the housing policies of the city.

      2.   Program. The applicant shall offer for sale to all qualified low- and moderate-income tenants the unit in which each tenant resides at the time the conditional use permit for the conversion project is approved, or a comparable unit within the project, at a price that is affordable to the tenant. A "comparable unit" means a unit with the same floor plan, same amount of floor area (as measured in square feet) and the same amenities as the unit in which the tenant resides at the time the conditional use permit is approved. The offer shall be made before or concurrent with the grant of the exclusive right to contract for the purchase of the unit provided for in section 66427.1(d) of the Government Code and shall remain open for 90 days.

      3.   Definition-Qualified low- or moderate-income tenant. A "qualified low- or moderate-income tenant" means a tenant who meets all of the following requirements:

         a.   The tenant is an eligible tenant;

         b.   The tenant has an income of 110% or less of the median income as established annually by the U.S. De-partment of Housing and Urban Development for the Standard Metropolitan Statistical Area in which the proposed conversion project is located, adjusted for the number of members in the tenant's house-hold;

         c.   The tenant does not, at the time notice of intent to convert is given by the applicant and at the time the offer is made, own any residential real property;

         d.   The tenant has not previously received assistance under this subsection F;

         e.   The monthly payments of principal, interest, loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, utilities (excluding telephone service), and homeowner association fees and assessments associated with the unit if it were to be sold without restrictions, would exceed 35% of the tenant's monthly income;

         f.   The tenant's assets are not greater than the total of the amount necessary to pay the estimated closing costs and down payment on the unit, the amount necessary to pay six months of the monthly payments identified in paragraph 3.e of this subsection, and $5,000.00;

         g.   The tenant has provided the city with the information requested under paragraph 7 of this subsection within the specified time, and has supported the information provided with an affidavit or declaration to its truth and accuracy;

         h.   "Assets" means the value of the tenant's savings and any equity in stocks, bonds, real property, or other forms of capital investment. "Assets" do not include items reasonably necessary for the personal use of the tenant, such as personal effects, furniture, appliances and automobiles;

         i.   References to the qualified tenant's assets and income include the assets and income of those persons 18 years of age and older who are living with the tenant as a single housekeeping unit.

      4.   Definitions-Price.

         a.   A price that is "affordable to the tenant" means the maximum at which the tenant can qualify for financing for the unit for a minimum of 30 years and for which the total monthly housing costs described in paragraph 3.e of this subsection would not exceed 35% of the tenant's monthly income; provided, that in no event shall the applicant be required to sell the unit under this sales program at a price below the apartment market value of the unit at the time the application for a conditional use permit under this section is filed.

         b.   "Apartment market value" means the value of the unit as an apartment and shall be determined by either a single appraisal or, at the option of the applicant, by averaging the results of two independent appraisals. The appraisal(s) shall be submitted to the planning director not less than 30 days prior to the first public hearing on the conditional use permit. The appraisal(s) shall be made by appraiser(s) selected randomly by the planning director from a pool of names of no less than five qualified appraisers. A "qualified appraiser" means an appraiser experienced in appraising multi-unit residential property and who is an active MAI member in good standing of the American Institute of Real Estate Appraisers, an active SREA or SRPA member in good standing of the Society of Real Estate Appraisers, an active ASA (urban real estate) member in good standing of the American Society of Appraisers, or a similarly qualified appraiser in good standing in a nationally recognized real estate appraisal institute or society. The names of qualified appraisers for the pool shall be selected by the city manager or his or her designee. The value determined by the appraisal(s) shall be binding on the city and the applicant. The applicant shall pay the fee(s) of the appraiser(s).

         c.   If, at the time the offer for sale at an affordable price is made under this subsection, the assets of the qualified tenant, as defined in paragraph 3.h of this subsection, are not sufficient to cover the down payment and closing costs on the unit required by the financing institution to qualify for financing on the unit, the applicant shall pay all or a portion of the down payment and closing costs, as necessary, in an amount not to exceed $2,000.00. The amount paid by the applicant under this subsection shall be added to the amount secured by the second deed of trust on the unit under paragraph 6 of this subsection.

      5.   The qualified tenant shall have 90 days from the date the offer is made to accept the offer of sale under this subsection. If the tenant does not accept the offer within that time or fails to secure the necessary financing, the applicant may offer the unit for sale without restriction under this subsection. The tenant is entitled to the renewable lease provisions set forth in subsection I of this section and to all other protections provided in this section.

      6.   Whenever a unit is sold to a qualified tenant under the provisions of this subsection, the unit shall be encumbered by a second deed of trust securing an obligation in an amount equal to the difference between the sales price paid by the qualified tenant and the price at which the unit would have sold without the requirements imposed by this subsection. The beneficiary under the second deed of trust shall be the applicant. The second deed of trust shall provide for the following:

         a.   Simple interest on the amount secured shall accrue at a rate not exceeding five percent per year; and

         b.   Neither principal nor interest shall be payable until the obligation secured by the second deed of trust has matured. The obligation shall mature when the unit is conveyed, transferred, leased, rented, or otherwise alienated by the tenant; provided, that "conveyed, transferred, leased, rented, or otherwise alienated" excludes changes of ownership described in sections 62, 63, and 63.1 of the Revenue and Taxation Code.

      7.   Qualification determined by city.

         a.   To determine which tenants qualify for assistance under this subsection, the city, using the names and addresses of all the tenants in the proposed conversion project provided by the applicant in the completed application, shall notify the tenants of the provisions of this subsection by mailing a notice to each on a form approved by the city council. The notice shall request all information necessary to determine which tenants qualify for assistance. The notice shall instruct the tenants to return to the city planning department within 15 days the information requested, supported by affidavit or declaration under penalty of perjury as to its truth and accuracy. Based on the information received, the planning director shall determine which tenants qualify for assistance, shall notify those tenants, and shall submit their names to the applicant.

         b.   Notwithstanding the provisions of section 17.812.060, the decision of the planning director is appealable directly to the city council and is governed by chapter 1.24.

         c.   Unless an appeal of the decision of the planning director is filed, and except for name and address, the information supplied by a tenant to the city under paragraph 7 of this subsection shall be held in confidence and shall not be disclosed to the public without the express written consent of the tenant. If an appeal is filed, the information shall be disclosed to the extent necessary to fully apprise all parties to the appeal of the facts supporting the planning director's decision.

         d.   Failure of any tenant to receive the notice advising of the sales program under this subsection shall not invalidate any proceedings conducted hereunder.

      8.   Alternative program.

         a.   Upon request of the applicant, and in lieu of the requirements of this subsection, the city council may approve, or approve with conditions, an alternative program for providing housing opportunities to the low and moderate income tenants in the proposed conversion project upon a finding that the alternative program is the substantial equivalent of the program provided by this subsection. Alternative programs may include use of FHA single-family purchase programs and the Home Ownership and Community Development Act.

         b.   Upon request of the applicant the city council may waive, or waive with conditions, in whole or in part, the requirements of this subsection upon a finding that compliance would be inconsistent with or not in furtherance of the purposes set forth in section 17.716.010 and paragraph 1 of this subsection, or the goals and policies of the housing element of the city general plan.

         c.   A request by the applicant pursuant to paragraph 8.a or b of this subsection immediately preceding shall be made within 15 days after the determination of the planning director made pursuant to paragraph 7.a of this subsection has been forwarded to the applicant. The city shall give notice of the request in the same manner as it gives notice of the hearing on the conditional use permit, and a hearing shall be conducted on the request concurrently with the hearing on the conditional use permit.

         d.   The applicant shall, within 10 days from the date of submitting the request to city, notify in writing all the eligible tenants in the project that a request for approval of an alternative program or a waiver under this paragraph 8 has been made and shall describe in detail the elements of the alternative program or the reasons for the waiver.

   G.   Tenant and buyer protection provisions-Relocation assistance. The applicant shall provide the following relocation assistance to each eligible tenant:

      1.   Assistance in locating comparable replacement housing. Assistance in locating comparable replacement housing, as defined in subsection R.1.c of this section, which shall include providing a report on the availability of comparable housing units and providing transportation for eligible tenants, where necessary, in connection with the relocation.

      2.   Payment of a relocation fee to each eligible tenant. The relocation fee consists of the payment of actual moving costs to relocate the tenant's personal property, including insurance, boxes, packing, transportation, and unpacking. In lieu of this requirement, the eligible tenant may, at his or her option, accept a cash payment of $600.00 if the tenant is relocating from an unfurnished housing unit or $500.00 if the tenant is relocating from a furnished housing unit. If the eligible tenant is relocating to an area outside the Sacramento standard metro-politan statistical area, the tenant is entitled only to the cash payment of $600.00 or $500.00, whichever is applicable. An eligible tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause.

      3.   Special assistance. For eligible tenants who are elderly, handicapped, low-income, or single heads of households living with one or more minor children, relocation assistance includes the following additional measures:

         a.   The payment of last month's rent for the new housing unit, if required upon moving in;

         b.   The transfer of all key, utility, pet, cleaning, and security deposits, minus damages, to the new housing unit or the refund of all or a part of such deposits, minus damages, to the eligible tenant, at the option of the tenant;

         c.   The payment of the difference, if any, between the amount of all deposits and fees required upon moving in to the new housing unit and the amounts transferred for or refunded to the eligible tenant pursuant to this subsection, plus damages;

         d.   The payment of a rent subsidy for a period of one year in the amount of the difference, if any, between the rent of the new housing unit and the rent for the unit occupied by the eligible tenant; provided that the applicant shall not be required to pay more than $100.00 per month for the rent subsidy; and

         e.   The right of each tenant not to be unjustly evicted, as defined in section 17.716.020, and not to have the rent for the unit unreasonably increased until the tenant is actually relocated to a comparable housing unit.

      4.   For tenants who did not receive the notice required to be given under subsection P of this section, relocation assistance includes the following measures:

         a.   First month's rent on the new housing unit, if any, immediately after moving from the subject property, but not to exceed $500.00;

         b.   The assistance described in paragraphs 1 and 2 of this subsection; and

         c.   For tenants who are elderly, handicapped, low-income, or single heads of households living with one or more minor children, the assistance described in paragraph 3 of this subsection.

   H.   Reports. The applicant shall provide each tenant with a copy of the reports required by subsections A.9 and 10 of this section detailing all relocation and moving assistance information and purchase incentives to be provided by the applicant.

   I.   Lease program for eligible elderly or handicapped tenants and qualified low- and moderate-income tenants. The applicant shall unconditionally offer each eligible tenant who is elderly or handicapped and to each qualified low- and moderate-income tenant who does not purchase a unit under the sales program provided in subsection F of this section a written lease for a term of three years on the unit in which the tenant resides at the time the conditional use permit is approved or a comparable unit within the project. A "comparable unit" shall be a unit with the same floor plan, same amount of floor area (as measured in square feet) and the same amenities as the unit in which the tenant resides at the time the conditional use permit is approved. Each such lease shall provide that the tenant shall have four successive options to renew the lease upon the terms and conditions as each original lease required by this subsection. The rent for the first year of the original lease shall be the rent paid by the tenant on the date that the notice specified in subsection B.1 of this section is given; thereafter, the rent may be increased annually on the anniversary date of the lease, commencing with the first anniversary date; provided, however, that the annual percentage increase in rent shall not exceed seven percent.

   Each such lease shall further provide that the tenant shall have no power or right to assign the lease, or to rent or sub-lease the premises or any portion thereof, and that upon the death of the tenant, the lease shall terminate. Any lease provision that violates the provisions of this subsection is void, and the balance of the lease is valid and enforceable. To the extent that the lease does not expressly contain the provisions required by this subsection, the provisions are deemed incorporated in full therein. Any tenant who has paid rent in excess of the maximum rent specified by this subsection is entitled to a refund in the amount of the excess payment. Such tenants may elect to deduct the amount of the refund due them from future rent payments, provided notice of the intention to do so is given in advance.

   J.   Anti-Discrimination.

      1.   The applicant or owner of any condominium unit within a project shall not directly or indirectly discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a tenant or lessee of any such dwelling unit prior to the granting of the conditional use permit, because the person opposed, in any manner, the conversion of the unit or building into a condominium. No tenant who has been so discriminated against may be unjustly evicted, and the provisions of subsection Q of this section shall apply to that tenant.

      2.   The conditions, covenants, and restrictions for a project to be recorded pursuant to section 1350 et seq. of the Civil Code shall contain the provisions set forth in this subsection and shall bind all successors in interest to the project.

   K.   Pre-conversion protection. From the date of giving notice of intent to convert pursuant to subsection B.1 of this section until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant's rent shall be increased (1) more frequently than once every six months, nor (2) in an amount greater than the increase in fair market rents as established by the Department of Housing and Urban Development for assisted units, on an annualized basis, for the same period. This limitation does not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the conditional use permit. A tenant who has paid rent in excess of the maximum rental payment specified by this subsection is entitled to a refund in the amount of the refund due them from future rent payments, provided notice of the intention to do so is given in advance to the landlord.

   L.   Documents to be provided to city. Prior to offering for sale to the public any unit within a condominium conversion project for which a conditional use permit has been issued pursuant to this section, the applicant shall submit to city a copy of each of the following documents relating to the proposed project: the completed application for issuance of a final public report for the project proposed for conversion, including all attachments and exhibits thereto; the completed statement of compliance relating to operating and maintenance funds during start up, and the completed supplemental questionnaire for apartments converted to condominium projects, including all attachments and exhibits.

   M.   Appliance warranties. The applicant shall provide free of charge to the first individual purchaser of each unit a one-year warranty on each fixed appliance contained in the unit, whether new or used.

   N.   Copy of reports. The applicant shall provide each condominium unit purchaser with a copy of the reports required by subsections A.2, 3, 4, 5, and 6 of this section.

   O.   Notice in CC&Rs. The covenants, conditions, and restrictions (CC&Rs), or equivalent document, shall contain, or shall be amended to contain, on the first page thereof, in type as large as any type used in the CC&Rs, a notification in substantially the following terms:

NOTICE

THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDING. READ IT CAREFULLY.

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE YOU ON REAL ESTATE MATTERS.

IF YOU DESIRE LEGAL ADVICE, CONSULT AN ATTORNEY

   P.   Notice to prospective tenants. After notice of intent to convert is given pursuant to subsection B.1 of this section, any prospective tenant shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of subsection K of this section. Any tenant who is not so notified is deemed to be an eligible tenant entitled to relocation benefits pursuant to subsection G of this section.

      1.   After notice of intent to convert is given pursuant to subsection B.1 of this section, the applicant shall give notice of the intent to convert in the form set forth below to each person applying after such date for rental or lease of a unit of the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant:

To the prospective occupant(s) of ______________________________:

                        (address)

The owner(s) of this building, at (address), has filed or plans to file a tentative map with the City of Sacramento to convert this building to a condominium. No units may be sold in this building unless the conversion is approved by the City of Sacramento and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.

_________________________________________________________

(signature of owner or owner's agent)

____________________________

   (dated)

I have received this notice on _________________________

                     (date)

_________________________________________________

(prospective tenant's signature)

Prospective tenants who receive this notice prior to renting or leasing a unit shall not be subject to the provisions in subsection K of this section.

      2.   Failure by an applicant to give the above described notice shall not be grounds to deny the application for a conditional use permit or tentative map. Each prospective tenant who becomes a tenant, who was entitled to but was not given the notice, and who does not purchase a unit shall be deemed an eligible tenant for purposes of this section, and shall receive the relocation assistance provided by subsection G.4 of this section.

   Q.   Remedies.

      1.   In addition to any other remedy specified in this section, and cumulative with any other remedy available to tenants at law or in equity, any tenant who is a defendant in an action to recover possession, and who is otherwise entitled to the benefits of this section, is entitled to defend the action upon the ground of a violation by the applicant or the owner or landlord of the provisions of subsections F through and including P of this section.

      2.   In addition to any other remedy specified in this section, and cumulative with any other remedy available at law or in equity, any person aggrieved by a violation of subsections G, H, J, M, N, or O of this section has a cause of action against the applicant for all actual damages suffered by such person as a direct consequence of any such violation.

      3.   In addition to any other remedy available to it in law or equity, the city has the remedies specified in section 17.808.450 and chapter 17.112.

   R.   Decision-Findings.

      1.   The city council shall not approve a conditional use permit under this chapter unless it finds:

         a.   That the proposed conversion is consistent with the general plan and applicable community and specific plans in effect at the time of the conditional use permit application, especially with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.

         b.   That the average rental vacancy rate in the affected community plan areas during the 12 months preceding the date the city-determined rental vacancy rates are issued pursuant to section 17.716.030.D of this chapter is greater than five percent; provided, that a conditional use permit may be approved where the vacancy rate is equal to or less than five percent if the applicant has proposed measures that the council finds would effectively mitigate the displacement of tenants and any adverse effects upon the rental housing stock in the affected community plan areas that would be caused by the proposed conversion.

      In evaluating the average rental vacancy rate in the affected community plan areas and in the building proposed for conversion, the city planning and design commission and city council shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding three years. Notwithstanding any other provision of this subsection, the city council may deny a conditional use permit under this section if it finds that a substantial number of vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection or that the applicant has intentionally created or maintained a substantial number of vacancies to reduce the number of eligible and eligible special category tenants in the project who would be entitled to the tenant-protection provisions in this section.

      The requirements of this subsection R.1.b do not apply to condominium conversion projects comprised of the conversion of a nonresidential building into condominium ownership intended for residential occupancy.

      The requirements of this subsection R.1.b do not apply to the conversion of residential buildings or space in the central city community plan area created through the issuance of building permits between January 1, 1999 and December 31, 2002.

         c.   That there exists adequate comparable replacement housing for each eligible tenant in the building proposed for conversion. In determining whether the housing to which the applicant proposed for relocation is "comparable," the council must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes; and that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. In addition, the planning and design commission and council shall consider the following factors in determining whether the relocation housing is comparable:

            i.   Whether the housing is provided with facilities equivalent to that provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following: (a) apartment size including number of rooms; (b) rent range; (c) major kitchen and bathroom facilities; (d) special facilities for the handicapped, infirm, or senior citizens; and (e) willingness to accept families with children; and

            ii.   Whether the housing is located in an area not less desirable than the area in which the tenant then resides in regard to: (a) accessibility to the tenant's place of employment; (b) accessibility to community and commercial facilities; (c) accessibility to schools; and (d) accessibility to transportation. A unit is not comparable if it is located in a building for which a notice of intent to convert has been given pursuant to subsection B.1 of this section, except where the rental units of the building will not be offered for sale as condominium units within two years.

         d.   That the applicant has complied with all of the provisions of this section relating to the application procedure and submittal of required information (subsection A); payment of the application fee (subsection A.13); required notices to tenants and other interested person (subsection B); building inspection (subsection D); and tenant and buyer protection (subsections F through P).

         e.   That the proposed conversion complies with all development standards set forth in subsection C of this section.

      2.   The council shall not approve a conditional use permit pursuant to this chapter if it finds the apartment building or residential complex proposed for conversion represents a unique and needed rental housing resource in the city or in the neighborhood, taking into consideration such factors as the need for a balanced rental-owner housing supply, current rental rates, the unavailability of comparable housing, and extraordinary tenant displacement problems which would result from conversion, in spite of the relocation assistance and mitigation measures offered by the applicant. In evaluating a project for purposes of this subsection, the city planning and design commission and city council shall consider the rental history of the building, including the number and types of special category tenants over the preceding three years, the number of unjust evictions, and the number of unreasonable rent increases.

      3.   In evaluating an application for a conditional use permit pursuant to this section, the city planning and design commission and city council shall consider the results of the tenant survey required by subsection A.11 of this section. If the planning and design commission or council finds that less than a significant number of tenants have indicated their approval in principle to the proposed conversion, the planning and design commission or council shall consider the nature and extent of tenant disapproval and shall reexamine the application with respect to the criteria for review and all other provisions of this chapter to insure the proposed project complies.

      4.   In approving a conditional use permit for a condominium conversion under the provisions of this section, the city council may impose such conditions as may be necessary to carry out the intent, purpose, and objectives of this chapter, the general plan, and applicable community and specific plans and elements thereof, or to protect the public health, safety, or welfare.

   S.   No vested rights in tenants. No eligible or qualified tenant shall, by virtue of the provisions of this chapter, have a vested right from the city to any of the benefits, projections, or other interest provided for herein. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General. Conversions of buildings located in the central city and constructed pursuant to building permits issued on or after January 1, 1999 and December 31, 2002, are subject to the requirements of this section, and to the extent of any conflict between this section and other sections of this chapter, including sections 17.716.030 and 17.716.050, the provisions of this section shall prevail; provided, that this section applies only to applications for conversion of such buildings if they were filed on or before January 1, 2010, and thereafter pursued diligently to completion. Applications filed after that date are subject to the general provisions governing condominium conversions, as they may be amended from time to time.

   B.   Conditional use permit required. No condominium conversion of a building located in the central city and constructed pursuant to building permits issued on or after January 1, 1999 and on or before December 31, 2002 is permitted in any zoning district until a conditional use permit has been applied for and approved in accordance with this section and section 17.808.200.

   C.   Conditional use permit application. The application for a condominium conversion subject to this section shall include the information required by subsections A.1 through A.4 of section 17.716.050. The information otherwise required by the remaining provisions of section 17.716.050 is not required.

   D.   Development standards. The development standards set forth in subsection C of section 17.716.050 apply to applications for a conditional use permit for a condominium conversion under this section.

   E.   Building inspection. The building inspection requirements of subsection D of section 17.716.050 apply to applications for a conditional use permit for a condominium conversion under this section.

   F.   Decision and findings. The city council shall not approve a conditional use permit under this chapter unless, in addition to the findings required by section 17.808.200, it makes the following findings:

      1.   That the proposed conversion is consistent with the general plan and applicable community and specific plans in effect at the time of the conditional use permit application, especially with the objectives, policies, and programs of the housing element of the general plan;

      2.   That the applicant has complied with all of the provisions of this section relating to the application procedure, submittal of required information, and building inspection; and

      3.   That the proposed conversion complies with all development standards set forth in subsection D of this section.

In approving a conditional use permit for a condominium conversion under the provisions of this section, the city council may impose such conditions as may be necessary to carry out the intent, purposes, and objectives of this chapter, the general plan and applicable community and specific plans and elements thereof, or to protect the public health, safety, or welfare. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Notwithstanding section 17.808.210, variances from the provisions of section 17.716.050 of this chapter relating to condominium conversions are governed by the provisions of this section.

   A.   Hearing. Both the planning and design commission and the city council shall hold at least one public hearing on a request for a variance from the provisions of this section relating to condominium conversions. At the conclusion of its hearing, the planning and design commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken of each motion on the matter.

   B.   Notice. Notice of the hearings on said variances by both the planning and design commission and the city council shall be given as provided in section 17.812.030 and to the tenants of the building proposed for conversion to whom notices are sent pursuant to section 17.716.050.B.

   C.   All other provisions of section 17.808.210 that do not conflict with the provisions set forth in this section apply to the hearing and review of variance requests, except as provided below.

   D.   Decision; findings. For purposes of granting variances to the development standards for condominium conversions set forth in section 17.716.050.C, the provisions of this paragraph relating to the circumstances for which a variance shall be granted, and the findings on which the grant of a variance must be based, govern to the exclusion of the provisions of section 17.808.210. The city council may grant a variance and approve a conditional use permit for a condominium conversion project that does not comply with all of the development standards contained in section 17.716.050.C, if the city council finds that:

      1.   Because of the circumstances applicable to the subject property, or to the structures situated thereon, including but not limited to the size, shape, location, or surroundings of the property or the buildings thereon, strict application of the development standards would create an unreasonable economic hardship; and

      2.   The project, as conditioned, will be in substantial compliance with such development standards, and will incorporate mitigating features that tend to further the purposes of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Regulations governing the implementation of any provision of this chapter may be adopted from time to time by the city council. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of this chapter is to insure that new commercial condominium projects maintain common property in a manner that avoids conditions of mismanagement, neglect, and blight that impact upon the public health, safety, welfare, and economic prosperity of the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Condominium project" or "project" means the real property and any structures thereon, or any structures to be constructed thereon, that are to be divided into condominium ownership.

   "Condominium" has the same meaning as in section 1351 of the Civil Code.

   "Owners association" means the organization created to own, lease, manage, maintain, preserve, and control the lots, parcels, or areas of a project, or any portions thereof or interests therein owned in common by the owners of the separately owned condominium units. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The development standards in this section apply to new commercial condominium projects.

   A.   The applicant shall form an owners association that maintains all common areas, common lighting, common landscaping, common utilities, and the entire building exterior.

   B.   The owners and operators shall post and maintain signage on the premises that provides the phone number to contact maintenance and management staff. Signage is subject to approval by the planning director.

   C.   The owners and operators shall conduct periodic inspections, not less than monthly, of the exterior of all buildings, trash enclosures, and recreation facilities.

   D.   The owners and operators shall establish and conduct a program of routine maintenance for the property. The program shall include common areas and scheduled repainting, replanting, and other similar activities that typically require attention at periodic intervals but not necessarily continuously. The owner or operator shall repaint or retreat all painted or treated areas at least once every eight years, provided that the planning director may approve less frequent repainting or retreatment upon a determination that less frequent treatment is appropriate given the nature of the materials used or other factors. The program is subject to review and approval by the planning director.

   E.   The owners and operators shall maintain landscaping and irrigation in a healthy and serviceable condition.

   F.   The owners and operators shall indicate and maintain all locations of parking stalls for handicapped/disabled access and strictly enforce rules related thereto. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

When allowed by division II of this title in the applicable zone, surface mining operations and the reclamation of mined lands are subject to the requirements of this chapter. This chapter supplements and should be reviewed in conjunction with the California Surface Mining and Reclamation Act of 1975 (section 2710 et seq. of the California Public Resources Code), as amended, which contains additional information and requirements applicable to surface mining operations and reclamation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The city council finds and declares that:

   A.   The extraction of minerals is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

   B.   The reclamation of mined lands as provided for in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land; and

   C.   Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that the reclamation operations and specifications therefor may vary accordingly. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

It is the intent of the city council to create and maintain effective and comprehensive surface mining and reclamation policies and regulations to properly carry out the requirements of the California Surface Mining and Reclamation Act of 1975 (section 2710 et seq. of the California Public Resources Code), hereinafter referred to as "SMARA," California Public Resources Code section 2207, as amended, and the California Code of Regulations adopted pursuant thereto (14 Cal. Code of Regs., section 3500 et seq.) to ensure that:

   A.   Adverse environmental and other effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable, long-term productive use of the mined and reclaimed lands; and

   B.   The production and conservation of minerals will be encouraged, while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The provisions of SMARA, California Public Resources Code section 2207, and all their implementing regulations (hereinafter collectively referred to as "state regulations"), as amended from time to time, are incorporated by reference. If the provisions of this chapter are more restrictive than correlative state provisions, this chapter prevails. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No person shall conduct surface mining operations or permit another person to conduct surface mining operations on his or her property unless a conditional use permit and reclamation plan have first been approved pursuant to this chapter and section 17.808.200, except as otherwise provided in section 17.720.060 and section 17.720.170. Conditional use permit and reclamation plan approval are required for all surface mining operations in all zones where surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been previously approved. Reclamation plan approval is also required for those portions of existing surface mining operations that claim to have vested rights pursuant to California Public Resources Code section 2776, unless otherwise exempted from SMARA by its provisions, or subject to an exception as provided by section 17.720.060. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No conditional use permit is required for the excepted activities specified in section 2714 of the Public Resources Code, as that section may be amended or renumbered from time to time. Nothing in this provision is intended to exempt such excepted activities from any other provision of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An applicant for a conditional use permit for surface mining operations and for approval of a reclamation plan shall include the information required by chapter 17.800, and as required by section 17.720.080. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   State standards. All reclamation plans shall conform to minimum statewide performance standards required pursuant to the California Public Resources Code section 2772(c) and the implementing regulations (14 Cal. Code of Regs., Article 9, Chapter 8, section 3700 et seq.), adopted by the State Surface Mining and Geology Board, including wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

   B.   Information on site and surroundings. The reclamation plan shall also address specific characteristics of the site and surface mine to be reclaimed, such as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and the character of the surrounding area.

   C.   General application information. The reclamation plan shall include the information specified by section 17.720.070, and all additional information and materials specified in the list of "Required Application Contents for Surface Mining Permits and Reclamation Plans" furnished by the planning department.

   D.   Information on reclamation phasing. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

      1.   The beginning and expected ending dates for each phase;

      2.   All reclamation activities required;

      3.   Criteria for measuring completion of specific reclamation activities; and

      4.   Estimated costs as provided by section 17.720.110. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Conditional use permit applications and proposed reclamation plans for surface mines shall be noticed, processed, and heard as required by section 17.808.200 and chapter 17.812, and as follows:

   A.   Referral of application. Within 30 days of the acceptance of a conditional use permit or reclamation plan application for a surface mining operation, the planning department shall refer the applications and plans to the following:

      1.   The director of the state of California Department of Conservation shall be notified of the filing of all surface mining permit applications, reclamation plans and the associated CEQA document. The Department of Conservation shall have 45 days to prepare written comments on the reclamation plan and financial assurance if the director of the Department of Conservation so chooses; and

      2.   Whenever mining operations are proposed in a 100-year floodplain of any stream, as shown on the flood insurance rate maps issued by the Federal Emergency Management Agency (FEMA), and within one mile upstream or downstream of any state highway bridge, the planning department shall also notify the California Department of Transportation that the application has been received.

   B.   Authority for action on reclamation plans. The planning and design commission is the granting authority for both the conditional use permit and the reclamation plan.

   C.   Public hearing. Each application for a conditional use permit or reclamation plan for a surface mine is subject to at least one public hearing as specified. If applications for a conditional use permit and a reclamation plan are submitted by the same applicant for the same site, the granting authority may consider and decide upon both applications in one public hearing.

   D.   Hearing notice. Notice of a public hearing on a permit or reclamation plan for a surface mine shall be given as specified in chapter 17.812 for conditional use permit applicants.

   E.   Procedure for approval. Conditional use permits for surface mining operations shall be processed and approved as provided by section 17.808.200, which may occur at the same time as a reclamation plan. The approval of a reclamation plan, amendment to a reclamation plan, or financial assurances, as provided by section 17.720.100, shall also occur as follows:

      1.   Certification to State. Prior to the final approval of a reclamation plan, financial assurances or any amendments to a reclamation plan or existing financial assurances, the granting authority shall:

         a.   Certify to the director of the California Department of Conservation that the reclamation plan and financial assurance complies with the applicable requirements of the state regulations; and

         b.   Submit the plan, assurances, or amendments to the director of the California Department of Conservation for review.

      2.   Conceptual approval. The planning and design commission may conceptually approve a reclamation plan and financial assurance before submittal to the director of the California Department of Conservation.

      3.   Deferral of action. Action on a surface mining conditional use permit may be deferred until final action is taken on a reclamation plan and financial assurance. If necessary to comply with applicable permit processing deadlines, if any, the city may approve the conditional use permit for surface mining with the condition that surface mining operations shall not commence until financial assurances have been reviewed by the director of the California Department of Conservation, and final action has been taken on the reclamation plan and financial assurances.

      4.   Responses to State comments. The city shall evaluate the written comments provided by the California Department of Conservation during the 45-day comment period. The planning department shall prepare a written response describing the disposition of the major issues raised by the state for approval by the granting authority. In particular, when the city's position is different than the recommendations and objections raised by the Department of Conservation (or any other responsible or trustee agency) where comments have been based upon those agencies' statutory or regulatory authority, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the city shall be promptly forwarded to the operator or applicant.

      5.   Final approval. The planning and design commission shall approve, conditionally approve, or deny the conditional use permit or reclamation plan as provided by section 17.808.200 and pursuant to section 2774 of the California Public Resources Code; and shall approve, conditionally approve, or deny the financial assurances as provided by section 2770(d) of the California Public Resources Code.

      6.   Findings for approval. In approving a conditional use permit for a surface mining operation, the planning and design commission shall make all findings required for conditional use permits, and a finding that the project complies with the provisions of applicable state regulations. In approving a reclamation plan, the planning and design commission shall first find that:

         a.   The reclamation plan complies with sections 2772, 2773, and 2773.1 of the California Public Resources Code and any other applicable provisions;

         b.   The reclamation plan complies with applicable requirements of the state regulations;

         c.   The reclamation plan has been reviewed pursuant to the California Environmental Quality Act, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

         d.   The land and resources, such as water bodies, to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environmental, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values; and

         e.   The reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan.

      7.   Referral to State. The planning department shall forward a copy of each approved conditional use permit for surface mining operations and approved reclamation plan, and a copy of the financial assurances, to the California Department of Conservation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may occur on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, or as approved by the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

To ensure that reclamation will proceed in accordance with the approved reclamation plan, appropriate security for performance shall be required as a condition of reclamation plan approval. The applicant shall post security as provided by regulations adopted by the California State Mining and Geology Board. Financial assurances shall be made payable to the city and the California Department of Conservation.

   A.   Scope of assurances. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; restoration of water bodies and water quality; slope stability and erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the planning department.

   B.   Amount of assurances. The amount of financial assurances shall be in the amount, and shall be calculated, as set forth in this subsection.

      1.   The amount of financial assurances shall be based on the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year.

      2.   Cost estimates shall be prepared by a licensed engineer or other qualified professional retained by the operator and approved by the planning director. The estimated amount of financial assurance shall be based on an analysis of physical activities necessary to carry out the approved reclamation plan, the unit costs for each activity, the number of units of each activity, and the actual administrative costs.

      3.   Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates, including labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

      4.   In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or state may need to contract with a third-party commercial company for reclamation of the site.

   C.   Adjustments to assurances. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands completed in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the next calendar year, provided that the permittee may not claim credit for reclamation scheduled for completion during the coming year. Proposed adjustments to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. If adjustments to the financial assurances are not required, the operator shall explain, in writing, why adjustments are not required.

   D.   Term and release of assurances. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). The financial assurances shall be released upon satisfactory performance. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Whenever a permit or reclamation plan for a surface mine is approved or conditionally approved, periodic inspection of the site and surface mining operation by the planning department shall be a condition of approval.

   A.   Timing of inspection. The planning department shall arrange for inspection within six months of receipt of the annual report required by section 17.720.130. In no event shall less than one inspection be conducted in any calendar year.

   B.   Purpose of inspection. The periodic inspection shall be required to determine whether the surface mining operation is in compliance with the approved conditional use permit or reclamation plan, financial assurances, and state regulations.

   C.   Inspection personnel. Required inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists selected by the planning director and retained by the city.

   D.   Inspection forms. All inspections shall be conducted using forms provided by the California State Mining and Geology Board.

   E.   State notification of inspection. The planning department shall notify the California Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mine operator. The mine operator shall be solely responsible for the reasonable cost of the inspection.

   F.   Refusal of inspection. Failure by the permittee to allow a required inspection shall constitute grounds for revocation of the conditional use permit pursuant to section 17.808.450. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Report to State. By July 1st of each year, the planning department shall submit to the California Department of Conservation a copy of any conditional use permit or reclamation plan amendments, as applicable, for each active or idle mining operation, or a statement that there have been no changes during the previous year.

   B.   Report by surface mine operators. Surface mining operators shall forward an annual status report to the California Department of Conservation and the planning department on a date established by the California Department of Conservation, on forms furnished by the State Mining and Geology Board. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Within 90 days of a surface mining operation becoming idle (as defined by section 2721.1 of the Public Resources Code), the operator shall submit, and the planning department shall process, a proposed interim management plan (IMP) as provided by this section.

   A.   Content of IMP. The proposed IMP shall comply with the requirements of California Public Resources Code section 2770(h), and shall describe measures the operator will implement to maintain the site in compliance with SMARA, including but not limited to all conditions of the conditional use permit for surface mining or the reclamation plan.

   B.   Processing of IMP. A proposed IMP shall be processed as an amendment to the approved reclamation plan, and shall not be considered a "project" for purposes of environmental review, pursuant to California Public Resources Code section 2770(h).

      1.   Referral to State. Upon receipt of a complete proposed IMP, and at least 45 days prior to action on the IMP by the city pursuant to paragraph 2 of this subsection, the planning department shall forward the IMP to the California Department of Conservation for review.

      2.   Approval or denial of IMP. Within 60 days of receipt of a proposed IMP, or longer period mutually agreed upon by the planning director and the operator, the granting authority shall review and approve or deny the IMP in accordance with this section. If denied, the operator shall have 30 days (or a longer period mutually agreed upon by the planning director and the operator) to submit a revised IMP. The granting authority shall approve or deny the revised IMP within 60 days of receipt. The denial of a revised IMP may be appealed to the city council in the same manner as a conditional use permit.

   C.   Continuation of financial assurances. Financial assurances for idle operations shall be continued as provided by the reclamation plan or as otherwise approved through the IMP for the idle mine.

   D.   Duration of IMP. An IMP may remain in effect for a maximum of five years, at which time the granting authority may renew the IMP for a maximum of another five years, or require the surface mining operator to commence reclamation in accordance with the approved reclamation plan. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Surface mining practices. The state requirements for surface mining and reclamation practices contained in the California Code of Regulations are hereby incorporated by reference. The state regulations shall be the minimum acceptable practices to be followed in surface mining operations.

   B.   Buffer and screening required. A noise and visual buffer or screen shall be provided along any road rights-of-way and along any property lines as required by conditions of approval, where the city determines that adjacent incompatible uses exist (e.g., schools, parks, or other public or private incompatible uses). (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Amendments to an approved reclamation plan may be submitted to the planning director, detailing proposed changes from the original plan. Deviations from the original plan that are determined by the planning director to be substantial shall not be undertaken until such amendments have been reviewed and approved by the granting authority for the original reclamation plan, through the same procedure used for the initial approval.

   B.   Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No conditional use permit is required for surface mining operations vested pursuant to section 2776 of the Public Resources Code; provided, that a conditional use permit is required for an expansion of the surface mining operations beyond the operations vested pursuant to section 2776. Pursuant to section 2770 of the Public Resources Code, an approved reclamation plan and financial assurances for reclamation shall be required for all vested surface mining operations except as otherwise provided in section 2770. The procedures set forth in section 17.720.090 shall apply to applications for approval of a reclamation plan and financial assurances. At least one public hearing shall be held by the planning and design commission on an application for approval of a reclamation plan and financial assurance plan. The hearing shall be noticed and heard in the same manner as an application for a conditional use permit for a surface mining operation. Pursuant to section 2770 of the Public Resources Code, the planning and design commission shall limit its consideration to whether the plan and the financial assurances substantially meet the applicable requirements of sections 2772, 2773, and 2773.1 of the Public Resources Code and its implementing regulations. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If the planning director determines, based upon an annual or other inspection, that a surface mining operation is not in compliance with this chapter, the approved conditional use permit, any other required permit, or the reclamation plan, the city shall follow the procedures set forth in California Public Resources Code sections 2774.1 and 2774.2 concerning violations and penalties, as well as the provisions of chapter 17.112 that are not preempted by SMARA. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This chapter is adopted in accordance with the Urban Agricultural Incentive Zones Act (California Government Code section 51040 et seq.) to promote urban agricultural use of otherwise vacant, unimproved, and blighted parcels by providing a tax-incentive for properties that produce food and agricultural products.

The city recognizes that urban agriculture improves community access to healthy food, helps create a more sustainable food system, builds community, and connects people to the land. Increased opportunity to participate in small-scale entrepreneurial agriculture will supplement incomes and help to create a more resilient economy.

Lack of access to land is a major obstacle for urban agriculture. By creating an Urban Agriculture Incentive Zone, the city seeks to encourage owners of eligible property to commit the property to urban agriculture for at least 5 years, giving urban agriculturalists access and stability. (Ord. 2015-0024 § 1)

   A.   The Urban Agriculture Incentive Zone includes all eligible property within the city boundary.

   B.   The city and owners of vacant, unimproved, or blighted property within the Urban Agriculture Incentive Zone may enter into an enforceable contract to restrict use to urban agriculture, as defined in chapter 17.108.

   C.   The city may impose a fee upon contracting property owners for the reasonable costs of implementing and administering the contracts.

   D.   The city shall maintain a standard form "Urban Agriculture Incentive Zones Contract" approved as to form by the city attorney. A contract entered into pursuant to this chapter must include at least the following provisions:

      1.   An initial term of at least 5 years;

      2.   A restriction that the property under contract be at least 0.10 of an acre, and not more than 3 acres;

      3.   A requirement that the entire property be dedicated to urban agriculture use in accordance with the Urban Agriculture Incentive Zones Act, this chapter, the Planning and Development Code, and the contract;

      4.   A prohibition against dwellings on the property during the term of the contract;

      5.   Consent to allow periodic inspections of the property by the city manager, the city manager's designee, the county assessor, and the State Board of Equalization, as may be necessary for tax assessment purposes or to determine the property owner's compliance with the contract and the law;

      6.   A requirement that the contract be binding upon, and inure to the benefit of all successors in interest to the property owner;

      7.   Cancellation provisions in accordance with section 17.722.040;

      8.   A requirement that urban agriculture activity must commence on the property within 30 days of execution of the contract;

      9.   A requirement that the property owner:

         a.   Notify the planning director in writing of any cessation of urban agriculture use for any reason, including, but not limited to, cessation due to the loss of a tenant who was conducting urban agricultural uses on the property. This notice must be given within 2 weeks of the cessation of activity; and

         b.   Resume urban agricultural activity within 3 months of any such cessation or the city may cancel the contract;

      10.   A requirement that the property owner defend and indemnify the city from any claims arising from any use of the property;

      11.   A prohibition of the use of pesticides or fertilizers on the property, except for those pesticides or fertilizers allowed by the United States Department of Agriculture's National Organic Program;

      12.   A requirement that the property owner comply with all provisions of the Urban Agriculture Incentive Zones Act;

      13.   A requirement that the property be used in accordance with a water conservation plan approved by the city and that includes best practices for water conservation;

      14.   A requirement for a metered water service connection or approved water well;

      15.   A requirement that the property be assessed pursuant to section 422.7 of the Revenue and Taxation Code during the term of the contract;

      16.   A notification that if the property owner cancels the contract, the city must assess a cancellation fee pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of section 51042 of the California Government Code. (Ord. 2015-0024 § 1)

   A.   To qualify for the tax assessment specified in section 17.722.020.C, the property owner must file an application on a form provided by the planning director.

   B.   The city will review the application and conduct site inspections within 30 days of the date a complete application is filed.

   C.   The application and contract may be approved by the city manager or the city manager's designee if it meets all the requirements of the Urban Agriculture Incentive Zones Act, this chapter, and other applicable requirements of the Planning and Development Code.

   D.   The application and contract requires city council approval if:

      1.   The contract would result in a combined tax revenue loss to the city, county, and other recipients of ad valorem property taxes of more than $25,000.00 per year or more than $125,000.00 for the term of the contract; or

      2.   The estimated combined cumulative tax revenue loss to the city, county, and other recipients of ad valorem property taxes for all properties currently under contract is greater than $250,000.00 through January 1, 2019.

   E.   Appeal. If the city manager or city manager designee denies an application and contract, the denial shall be final unless the property owner files an appeal with the planning director within 10 business days of the denial. Notwithstanding section 17.812.060, an appeal shall be to the city council.

   F.   The city manager or city manager's designee shall execute the approved contract upon determination that the property owner has obtained all required approvals for the proposed urban agriculture use. Following final approval of the contract, the city manager or city manager designee shall send written notification to the assessor and to the property owner. Once executed, the property owner shall record the contract against the property. Once the contract is recorded against the property, the assessor will apply the reduced property tax valuation methodology to the property at the next property tax lien date. (Ord. 2015-0024 § 1)

   A.   The city manager or city manager's designee may cancel the contract upon finding that a property owner is in breach of the terms of the contract. The county assessor and the property owner will be notified of the city's cancellation of the contract.

   B.   A property owner may cancel a contract entered into pursuant to this chapter at any time by submitting written notice to the planning director. Upon cancellation of the contract prior to the expiration of its term, the property owner shall record a notice of cancellation of the contract against the property.

   C.   If the contract is cancelled by the city or property owner prior to the expiration of its term, the property owner must pay to the county a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract plus interest, as determined by the assessor. The city manager or city manager designee may waive payment of all or a portion of the fee, if he or she determines that the cancellation was caused by extenuating circumstances despite the good faith effort by the property owner. (Ord. 2015-0024 § 1)

The city shall not enter into a new contract or renew an existing contract after January 1, 2029, unless the Urban Agriculture Incentive Zones Act is amended to authorize contracts after that date. Any contract entered into pursuant to the Urban Agriculture Incentive Zones Act and this chapter on or before January 1, 2019, will be valid and enforceable for the duration of the contract. (Ord. 2024-0017 § 66; Ord. 2015-0024 § 1)