PC 2006-56 - Laserfiche WebLink

5. The developer has complied with the tenant protection requirements and has not evicted a tenant in violation of Section 17.04.050 of this Chapter; 6. The City's vacancy rate, as indicated in the City's most recent Annual Multiple -Unit Residential Rental Vacancy report, is greater than five percent (5 7. The proposed condominium conversion project will not negatively impact very-low, low income, elderly or handicapped households; 8. The proposed condominium project will be consistent with Program 11.1 of the Housing Element that encourages at least 50% of multiple family housing units to be rental apartments at build -out. 17.04.100 Enforcement. Prior to filing a final map for a condominium conversion project, the developer shall execute and record an agreement, in a form approved by the City Attorney, incorporating the terms and conditions of the conversion approval binding the developer and any successor in interest to provide the tenant protection requirements and to improve the project in accordance with the project approval. The agreement shall be for the benefit of each tenant occupying a unit on the date of approval and the developer shall provide a copy of the agreement to each such tenant. 17.04.110 Expiration of Approval. Unless determined otherwise by the City Council, a condominium conversion project approval shall lapse after two years if the developer fails to record a subdivision map, CC &Rs, and a condominium plan and fails to obtain a valid public report issued by the Califomia Department of Real Estate. Notwithstanding the prior sentence, if the public report lapses, then the condominium conversion approval likewise lapses and a subsequent condominium conversion application must be submitted. Developer may request an extension prior to the time an approval has lapsed. 17.04.120 Dispute Resolution. Any disagreement between a tenant and a developer arising as a result of the condominium conversion project concerning the terms of this chapter or the conditions of approval of the condominium conversion project, may be brought before the Planning Director for resolution. The decision of the Planning Director shall be appealable to the City Council. 17.04.130 Public Policy Lease Provisions And Evictions. A. It shall be against the public policy embodied in this chapter to attempt to subvert its provisions by coercing the waiver of any rights or privileges created or protected herein. Any provision of a lease or rental agreement which purports to waive a tenant's right under this chapter or which requires prior consent to the conversion of a multiple -unit residential rental project to a condominium project shall be null, void and unenforceable Page 8 of 9