§ 1381.

ADDITIONS TO APPLICATION PACKET

a.

Application Packets for Conversions shall contain the following information in addition to that required by previous provisions of this Code:

1.

A building history detailing the date of construction, major uses since construction, major repairs since construction, current ownership of buildings and underlying land, and the proposed ownership upon conversion;

2.

A report of residential record (“3-R Report”), obtained from the Bureau of Building Inspection;

3.

A rental history detailing for each unit the size in square feet, the number of bedrooms, the current or last rental rate, the monthly rental rate for the preceding five years, the monthly vacancy over the preceding three years, and the names of the current tenant or tenants for each unit, including the names of all tenants aged 62 or older or permanently disabled who have resided in the building over the past three years to the extent that such information is known or can be made known to the subdivider;

4.

A building condition and sales program report including:

A.

A building inspector’s report made by either the Bureau of Building Inspection or a certified engineer or architect acceptable to the Bureau of Building Inspection; with said report to contain any Housing Code violations and incipient or potential deficiencies including electrical, plumbing and boiler and energy conservation requirements; where a building to be converted to condominiums is two years old or less, a Certificate of Completion issued by the Bureau of Building Inspection may be accepted in lieu of a building inspector’s report;

B.

A statement of repairs and improvements and projected cost of same the subdivider plans to make before conveyance of the units by the subdivider;

C.

A list of the proposed sales prices for each unit including an indication as to whether the unit will be sold in fee simple or a leasehold interest, the estimated condominium association dues, the rentals if a leasehold interest is proposed, and a statement of the proposed sales program, particularly plans to promote affirmative action in housing; this information to be used to assure compliance with the requirements of this Code and SMA. The sales prices listed for each unit shall remain in effect and shall not be increased by the subdivider until the unit is sold to the tenant or until the tenant has waived his or her right of first refusal and the unit is made available to the general public, provided that the sales price may be increased by the following amounts: (1) The percentage increase in the Housing Component of the “Bay Area Consumer Price Index, U.S. Dept. of Labor,” above the price index in existence as of the date the application is filed; and (2) the pro rata actual cost of any repairs or improvements made by the applicant in addition to those set forth in the application, pursuant to Section 1381(a)(4)(B). During this period of time, any reduction in price of any one unit from the price level indicated on the statement shall not be made without comparable reductions to the prices of all other units;

D.

A summary of tenant contacts including all meetings held with tenants and all information provided to them about the project and their own options; a list of all tenants who have expressed a desire to buy their own units; proposed methods of dealing with those tenants who do not plan to buy, especially those aged 62 or older, the permanently disabled and families with children; and any proposed program for relocation services;

5.

The survey information obtained pursuant to Section 1388 of this Code and as further required in the Subdivision Regulations;

6.

Notice to tenants:

A.

Within five days of filing an application with the Department of Public Works for condominium conversion subdivision, the subdivider shall give written notice concerning the proposed conversion to all lessees and tenants. If five or more units are involved, said notice shall advise all lessees and tenants that a public hearing concerning the application for conversion will be held and that notice of said hearing will be given to all lessees and tenants by the City Planning Commission. Said notice shall contain all the information as required in Subsections 4 and 8 of this Section. Said notice shall contain a description of the rights of tenants as herein provided, including the right of first refusal to purchase the unit, the right to attend and be heard at the public hearing, the right to receive relocation assistance and benefits, the right of all tenants to extend occupancy for a period of from one to three years depending upon length of prior occupancy, the right of elderly and disabled tenants to a lifetime lease, and the prohibition against rent increases during the process of conversion;

B.

Notice of the proposed conversion must be given to all persons or parties who lease or reside in any units which are proposed for conversion subsequent to approval of the application for conversion;

C.

The application packet for conversion shall include a statement that such notice has been given, and will continue to be given to any lessees or tenants subsequent to the submission of the application packet for conversion;

7.

A copy of the purchase agreement to be used for the project;

8.

Copies of all management documents submitted to the California State Department of Real Estate.

b.

When neither new buildings nor major additions to existing facilities are indicated in the Tentative Map, a Statement of Known Soil and Geologic Conditions may be substituted for the required Soil and Geologic Reconnaissance Report. Said Statement shall be prepared by the engineer or surveyor who prepares the Tentative Map and shall contain the following information as taken from the latest U.S. Geologic Maps:

1.

Soil deposits;

2.

Rock formations;

3.

Faults;

4.

Groundwater; and

5.

Landslides.

History

(Amended by Ord. 72-82, App. 2/19/82)

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