1. All common areas;

2. The boundaries of each unit;

3. The location of the covered storage area (as defined in SMC 17.240.080(E)(3)) for each dwelling unit;

4. Location of all driveways and parking areas, including the number and location of spaces to be designated for each unit;

5. Location of all pedestrian ways;

6. Location of all open storage and refuse areas;

7. Location of all walls and fences.

1. Rental rate history for each type of unit for the previous two years, and any utilities included in rent;

2. Monthly vacancy rate for each month during the preceding two years;

3. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving Federal or State rent subsidies;

4. Names and addresses of all tenants;

5. Expiration date of any current lease agreements;

6. Proposed sale price of units;

7. Proposed homeowners’ association fee; and

8. Financing available.

1. If the current tenant does not qualify, the developer shall provide written notification to the tenant that he/she must vacate the unit within one year from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2. Upon vacation of the unit, the developer shall ensure that any future tenant meets the income limits for such a regulated unit.

2. The developer shall offer the current tenant the right of first refusal for the purchase of any unregulated unit which becomes available during the one-year time frame. Such an offer shall include the same terms and conditions identified in SMC 17.240.090(B)(1)(e).

1. A report detailing the condition of all elements of the property including paving, walkways, and site drainage, foundations, electrical systems, plumbing, heating and air conditioning units, utilities, walls, roof structure and coverings, ceilings, windows, guardrails and steps, fire safety provisions (including fire walls), recreational facilities, exterior and interior insulation (sound and thermal), ventilation weather stripping, interior and exterior lighting, mechanical equipment, parking facilities, landscaping, and any appliances to be left in the units.

For each element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built or installed, the condition of each element, when said element was replaced (if ever), the approximate date upon which said element may require replacement, the cost of replacing said element, and any variation of the physical condition of said element from the current zoning requirements, including but not limited to parking, setbacks, density, and lot coverage, and from the Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any noncompliant, defective, or unsafe elements and shall set forth recommended corrective measures to be employed.

2. A report from a licensed structural pest control operator on each building and on each unit within a building.

3. A report from a qualified professional indicating that the condominium units comply with the State noise insulation standards (Administrative Code Section 1092), or outlining the steps that must be taken to ensure compliance.

4. A statement of repairs and improvements to be made by the subdivider which are necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

1. Conveyance of units;

2. Assignment of parking;

3. Maintenance schedule and agreement for all common areas, including facilities and landscaped areas, together with an estimate of any initial assessment fees anticipated for such maintenance;

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

5. An indication of appropriate responsibilities for maintenance of all utility lines and services for each unit;

6. A plan for equitable sharing of communal water metering;

7. A provision that the individual owner cannot avoid liability for his/her prorated share of the expenses for the common area by renouncing rights in the common area; and

8. A provision for the City to make any repairs or engage in any maintenance necessary to abate any nuisances, public health or safety hazards, and assess the owners of the condominium units for such repair or maintenance.

1. The net production of new multifamily rental units shall be determined by subtracting the total number of multifamily units that have been demolished from the total number of multifamily units that have received certificates of occupancy. This number shall be determined by the Planning Director.

2. The total number of multifamily rental units shall be calculated as follows:

[Total number of renter-occupied housing units (not including “1, detached” and “1, attached”) identified in Census Table QT-H10] plus [total number of multifamily housing units constructed since January 1st of the census year]. This number shall be determined by the Planning Director.

1. Name, address and phone number of homeowners’ association;

2. Actual sales price of units;

3. Actual homeowners’ association fees;

4. Number of prior tenants who purchased units; and

5. Number of units purchased with intent to be used as rentals.

1. Each dwelling unit shall be separately metered for water, gas, and electricity. One separate water meter shall be installed for common areas.

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 applicable codes, as adopted and amended by Chapter 15.04 SMC, for new construction.

3. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Department, but shall not be divided into two or more locations.

4. A laundry area shall be provided in each unit; or, if common laundry facilities are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units.

5. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided have a useful life of at least two years. At such time as the homeowners’ association takes over management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of at least two years. Prior to final map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this section.

6. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Community Development Department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The developer shall provide to the homeowners’ association and/or purchaser a minimum two-year warranty on all physical improvements required under this section. If substantial exterior restoration is required, the design plans shall be subject to design review.

1. Current Tenants.

2. Prospective Tenants. Commencing at a date not less than 60 days prior to the filing of a tentative map for the purpose of completing a condominium conversion, the applicant shall give notice of such filing to each person applying after such date for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant.

The notice shall be as follows:

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 Sebastopol to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the city 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)

_________________________________ (Date)

I have received this notice on (date) ____________.

_________________________________ (Prospective tenant’s signature)

1. After receipt of this notice, each tenant will be entitled to terminate his or her lease or rental agreement without any penalty upon notifying the subdivider in writing 30 days in advance of such termination; provided, however, that this requirement shall cease upon notice to the tenant of the abandonment of subdivider’s efforts to convert the building.

2. No tenant’s rent will be increased from the date of issuance of this notice until at least 12 months after the date the subdivider files the tentative map or tentative parcel map with the City; provided, however, that this requirement shall cease upon abandonment of subdivider’s efforts to convert the building.

3. No significant remodeling of the interior of tenant-occupied units shall begin until at least 30 days after issuance of the final subdivision public report or, if one is not issued, after the start of subdivider’s sales program. (For purposes of this chapter, the start of subdivider’s sales program shall be defined as the start of tenants’ 120-day first-right-of-refusal period set forth below). This does not preclude the property owner from completing normal maintenance and repair activities.

4. Each tenant shall have an exclusive right to contract for the purchase of his or her unit or, at the tenant’s option, any other available unit in the building upon the same or more favorable terms and conditions that such units will be initially offered to the general public, such right to run for at least 120 days from the issuance of the final subdivision public report or, if one is not issued, from the start of subdivider’s sales program.

5. Each tenant shall have a right of occupancy of at least 180 days from the issuance of the final subdivision public report or, if one is not issued, from the start of subdivider’s sales program, prior to termination of tenancy due to conversion.

6. Tenants who are 62 years or older, disabled, or are very low-income tenants (as defined by HUD) shall be provided a lifetime lease on their unit or, at tenant’s option, on any other available unit in the building. This provision shall also apply to tenants who are single heads of household with one or more minor children for as long as there are minor children living in the residence. Such leases, to commence no later than the date of issuance of the final subdivision public report, or, if one is not issued, no later than the start of subdivider’s sales program, shall be subject to the following conditions:

7. No low- or moderate-income tenant, and no elderly tenant, shall at any time after the submission of the conversion application be evicted for the purpose of occupancy by the owner, or by occupancy by any relative of the owner. In the event the tenant does not exercise his or her right to purchase within the time period set forth in this section, the owner may transfer the unit without any price restriction to the tenant or any other person. However, in the event such transfer is to someone other than the tenant, the transfer shall be expressly made subject to the rights of the tenant to continue to occupy the unit as provided for in this section.

1. Relocation assistance provided by a professional property management agency, at the expense of the developer, in finding a comparable replacement rental unit; such assistance shall include, at a minimum, providing rental availability reports and updating same, assisting tenant(s) in inspecting available units, and providing other personal services related to the relocation of each tenant.

2. Moving expenses paid for by the developer in an amount equal to three times the monthly rent paid by the tenant. The City Council may adjust the maximum moving expense allowable year to year to reflect increases in costs.

3. Utility connection fees paid for by the developer in an amount equal to actual expenses up to a maximum of $100.00. The City Council may adjust the amount required in this subsection year to year to reflect increases in costs.

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

2. 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 said deposits, minus damages, to the eligible tenant, at the option of the tenant;

3. 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;

4. 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 currently occupied by the eligible tenant; provided, that this subsidy shall not exceed 25 percent of the monthly rental price of the occupied unit for each of the 12 months;

5. The right of each tenant not to be unjustly evicted and not to have the rent for the unit unreasonably increased until the tenant is actually relocated to a comparable housing unit. (Ord. 1111, 2018)