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<br />ATTACHMENT A <br />5. The developer has complied with the tenant protection requirements and has not evicted a <br />tenant in violation of Section 17.04.050 of this Chapter; <br /> <br />6. The City's vacancy rate, as indicated in the City's most recent Annual Multiple-Unit <br />Residential Rental Vacancy report, is greater than five percent (5%); <br /> <br />7. The proposed condominium conversion project will not negatively impact very-low, low- <br />income, elderly or handicapped households; <br /> <br />8. The proposed condominium project will be consistent with Program 11.1 of the Housing <br />Element that encourages at least 50% of multiple family housing units to be rental apartments <br />at build-out. <br /> <br />17.04.100 Enforcement. <br /> <br />Prior to filing a final map for a condominium conversion project, the developer shall execute <br />and record an agreement, in a form approved by the City Attorney, incorporating the terms and <br />conditions of the conversion approval binding the developer and any successor in interest to <br />provide the tenant protection requirements and to improve the project in accordance with the <br />project approval. The agreement shall be for the benefit of each tenant occupying a unit on <br />the date of approval and the developer shall provide a copy of the agreement to each such <br />tenant. <br /> <br />17.04.110 Expiration of Approval. <br /> <br />Unless determined otherwise by the City Council, a condominium conversion project approval <br />shall lapse after two years if the developer fails to record a subdivision map, CC&Rs, and a <br />condominium plan and fails to obtain a valid public report issued by the California Department <br />of Real Estate. Notwithstanding the prior sentence, if the public report lapses, then the <br />condominium conversion approval likewise lapses and a subsequent condominium conversion <br />application must be submitted. Developer may request an extension prior to the time an <br />approval has lapsed. <br /> <br />17.04.120 Dispute Resolution. <br /> <br />Any disagreement between a tenant and a developer arising as a result of the condominium <br />conversion project concerning the terms of this chapter or the conditions of approval of the <br />condominium conversion project, may be brought before the Planning Director for resolution. <br />The decision of the Planning Director shall be appealable to the City Council. <br /> <br />17.04.130 Public Policy - Lease Provisions And Evictions. <br /> <br />A. It shall be against the public policy embodied in this chapter to attempt to subvert its <br />provisions by coercing the waiver of any rights or privileges created or protected herein. <br />Any provision of a lease or rental agreement which purports to waive a tenant's right under <br />this chapter or which requires prior consent to the conversion of a multiple-unit residential <br />rental project to a condominium project shall be null, void and unenforceable. <br /> <br />Page 8 of9 <br />