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CITY COUNCIL OF THE
<br /> CITY OF PLEASANTON
<br /> ALAMEDA COUNTY,
<br />CALIFORNIA
<br />ORDINANCE NO. 980
<br />ORDINANCE ADDING CHAPTER
<br />]5 (CONDOMINIUM CONVER
<br />SION PROJECTS) TO TITLE II
<br />(ZONING AND DEVELOPMENT)
<br />OF THE ORDINANCE CODE OF
<br />THE CITY OF PLEASANTON
<br /> THE CITY COUNCIL OF THE
<br />CITY OF PLEASANTON DOES
<br />ORDAIN AS FOLLOWS:
<br /> Section 1: Chapter ]5 (Con
<br />dominium Conversion Prolects)
<br />is hereby added to Title II (Zoning
<br />and Development) of the Ordi.
<br />anco Code of the Cdy of Pleasan
<br />ton to read as follows:
<br />Chapter 15
<br />CONDOMINIUM
<br />CONVERSION PROJECTS
<br />Sec 2 25.0] Regulation of
<br />Condominium Conversion
<br />Pr~ects. This chapter regulates
<br />the conversion of residential
<br />apartment buildings, apartment
<br />complexes, and mobile home
<br />parks to proiects in which the
<br />residential units or mobile home
<br />spaces are individually owned in
<br />fact or m practical effect, wheth
<br />er such proiects are called con
<br />dominiums, [ownhouses, com-
<br />munity apartments, stock coop
<br />eratives, or any other name. No
<br />person shall cause such conver
<br />sion to be made except in accord
<br />anco with this chapter
<br /> Sec. 2-25.02 Definitions. For
<br />the purpose of this chapter the
<br />following terms shall be defined
<br />as follows:
<br /> a Condominium Conversion
<br />Project. The conversion or subdJ'
<br />vision of a single ownership par
<br />col of existing improved residen
<br />rial real property, typically con
<br />raining two or more dwelling
<br />units, or of an existing mobile
<br />home park, into a form of owner
<br />
<br />volving the right of exclusive cc
<br />of individual units or mobile
<br />limited to condominiums, corn
<br />
<br />mercial or industrial condomi.
<br />
<br /> b. Date of Approval of a Con-
<br />dominium Conversion Pro)oct
<br />Application. As used in this chap
<br />
<br />domlnium conversion project
<br />application shall be (1) the date
<br />of the City Council's action on a
<br />prolect application for all non
<br />exempt conversions or (2) the
<br />
<br /> subdivision map or preliminary
<br />
<br /> owner or subdivider with a pro
<br />
<br /> ject.
<br />
<br /> sides in a dwelling unit on multi-
<br />
<br /> by month-to-month tenancy,
<br />
<br /> e. EldeHy Tenant. An elderly
<br /> tenant is any person residing tn a
<br /> dwelling unit on the property who
<br />
<br /> f. Handicapped Tenant. A
<br /> handicapped tenant is any per
<br /> son residing in a dwelling unit on
<br />
<br /> California Health and Safety
<br /> Code on the date of approval of
<br />
<br /> Sec 2-25,03 Purpose and
<br /> Declarations.
<br />
<br /> the commundy, the purposes of
<br /> this chapter are set forth as roi
<br />
<br /> (1) To minimize or avoid the
<br />
<br /> conversion of their dwellings,
<br />
<br /> the handicapped; and
<br /> (2) To reduce tenant displace-
<br /> ment by encouraging ownership
<br />
<br /> b. The City Council of the City
<br /> of Pleasanton hereby finds and
<br />
<br /> (1) That (he City of Pleasan
<br />ton has adopted a comprehen.
<br />siva General P~an that establish
<br />es policies to protect the living
<br />environment of all residents of
<br />the community;
<br /> (2) That condominiums, eom
<br />munity apartments, stock coop.
<br />eratives, and townhouses differ
<br />from apartments in numerous
<br />respects and, for the benefit of
<br />public health, safety, and wel
<br />fare, such projects should be
<br />treated differently from apart
<br />ments in order to protect the
<br />commumty and the purchasers
<br />of condominiums.
<br /> Sec. 2.2504 General Re-
<br />quirements for all Condominium
<br />Conversion pr~ts; Approving
<br />Body Powers. The physical
<br />standards and tenant provision
<br />requirements contained in this
<br />chapter shall be met by every
<br />
<br />waived by the approving body In
<br />
<br />tbe City Council, Planning Corn
<br />mission, or Staff Review Board
<br />shall ensure that the provisions
<br />of this chapter relabng to physi
<br />cai standards (Sec 2-25.09) and
<br />tenant provisions (Sec 2 25.10)
<br />
<br />health, safety and welfare. The
<br />approwng body, following its re-
<br />wow of each submittal, may ap.
<br />prove, conditionally approve, or
<br />deny a project: it may also waive
<br />particular requirements of this
<br />chapter or any other section of
<br />the code if it finds that the con
<br />
<br /> consistent with the General Plan
<br /> and any specific plan policies
<br />
<br /> forms to the purposes of this
<br /> chapter The approving body
<br /> may deny a request for approval
<br />
<br /> merits of this chapter, (b) the
<br />
<br /> tent with General or specibc plan
<br /> policies, or (c) the proposed con
<br />
<br /> its age, condition, location, or
<br /> any other matter affecting its
<br /> continuing viability as an owner-
<br /> ship project
<br /> Sec 2 25.05 Exemption Con-
<br /> dominium Conversion Projects,
<br />
<br /> jeers falling into the following
<br /> categories shall be sublect to the
<br /> approval process contained in
<br /> Sec. 2.25 06(b) and exempt
<br /> from City Council consideration:
<br />
<br /> proiects containing four (4) or
<br />
<br /> prolect s in which the tenants rep.
<br /> resenting eighty.five percent
<br /> (85%) of the total units in the
<br /> projects have consented to the
<br />
<br /> section, the consent of heads of
<br />
<br /> percentage equal to the co lan
<br />
<br /> und Where a written lease still in
<br /> effect exists, the tenant(s) of a
<br /> unit shall be deemed to be only
<br />
<br />sion Project. Developers of con
<br />dominium conversion prolects
<br />qualifying as exempt prolects
<br />shall submit applications re-
<br />quired by Sec. 2-25 07(b) at the
<br />same time apphcations are made
<br />for tentahve map or preliminary
<br />parcel map approval Such appli.
<br />cations may be made at any time
<br />during the year The decision
<br />making body may approve, con
<br />ditionally approve, or deny appli
<br />
<br />to the prowsions of this chapter.
<br />Any decision may be appealed by
<br />an aggrieved party to the City
<br />
<br />section shall not apply to Sec
<br />2-25,05(b)
<br /> c Elderly and Handicapped
<br />Tenant Rights. Any elderly or
<br />handicapped tenant, as defined
<br />in Sec 2.25 02, who has occu
<br />pied a dwelling unit or mobile
<br />
<br />eighteen (18) months or more on
<br />fha date of approval of the pro-
<br />iect shall have special leasehold
<br />rights Elderly tenants shall have
<br />the right to lease their units for
<br />nine (9) years: handicapped ten
<br />
<br />their units for seven (7) years.
<br />
<br /> Purchase assistance in (2). (3)
<br />
<br />developer from offering addition
<br />al preferential treatment. The
<br />
<br />mum figures found in (2), (3)
<br />and (4) above year to year to re.
<br />
<br /> Sec 2-25 l l Enforcement,
<br /> Prior to filing a final map, the
<br />
<br />perating the terms and condi
<br />
<br />~mprove the proiect in accord-
<br />ance with the project approval.
<br />
<br />and a copy shall be provided fo
<br />
<br />The agreement shall run to the
<br />a unit off the date of the approval
<br />
<br />project.
<br /> Sec.2 25.12 Dispute Res-
<br />
<br />approval of the condominium
<br />brought before the Board of Ad
<br />
<br /> Sec 2 25.13 Public Policy;
<br />
<br /> It shall be against the public
<br />policy embodied in this chapter
<br />
<br />ant's rights under this chapter or
<br />which requires prior consent to
<br />the conversion of the apartment
<br />building, apartment complex, or
<br />
<br /> Section 2: Severability. If any
<br />
<br />clause, or phrase of th~s ordi.
<br />nonce is for any reason held to
<br />be invalid or unconstitutional by
<br />the decision of any court of com.
<br />patent jurisdiction, such decision
<br />shall not affect the validity of the
<br />
<br />nonce. The City Council of the
<br />dares that it would have passed
<br />
<br />phrase thereof, irrespective of
<br />
<br />declared invalid or unconstitu
<br />
<br /> Section 3: Publication. This
<br />ordinance shall be published
<br />once within fifteen (15) days at.
<br />tar its adoption in "The Valley
<br />
<br />circulation, published in the City
<br />
<br /> Section 4: Effective Date. This
<br />ty (30) days after the date of its
<br />
<br /> INTRODUCED at a regular
<br />meeting ortho City Councilofthe
<br />City o! Reasanton on June 9,
<br />1981
<br />
<br /> ADOPTED at a regular meet
<br />ing ofthe City Council ortho City
<br />of Pleasanton on June 23. ]981
<br />bythefollowingvote:
<br />
<br />AYES: Councdmembers Ke
<br />pbert, Mohr and Mayor Mercer
<br />NOES: Councilmember Wood
<br />ABSENT: CounoImember Butler
<br />ABSTAIN: None
<br /> KENNETHR MERCER,
<br /> MAYOR
<br />James R. Walker,
<br />City Clerk
<br />By Doris George,
<br />Deputy City Clerk
<br />
<br />APPROVED AS TO FORM:
<br />Harvey E Levine,
<br />City Attorney
<br />Legal PT VT 4761
<br />Pubhsh July 3, 1981
<br />
<br />
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