26.65.060 CONDITIONS.

Approval of a proposed subdivision map for a conversion under this chapter shall be conditioned to secure the purposes of this title. Such conditions shall include, but are not limited to the following:

(1) Each tenant shall have the first right to purchase his or her unit for a period of three (3) months after receipt of city approval of the final map and a copy of the condominium final subdivision public report of the California Department of Real Estate.

(A) Any eligible tenant who is a tenant on the date of the approval of the tentative map and who does not exercise his or her right to purchase or relocate shall be entitled to a one-year lease upon approval of the final map for the project; the one-year is measured from the date of the tentative map approval.

(B) Any eligible tenant who, on the date of the filing of the tentative map application, is sixty-two (62) years of age or older or is handicapped shall be entitled to a lease of his or her unit for so long as the tenant lives and remains a tenant of the unit. The rental rate for all tenants shall be that in effect at the time the application for a tentative map is filed, subject to an increase no more often than every twelve (12) months of not more than the annual cost of living increase published for the Housing and Urban Development's (HUD) Section 8 rental increase averages for the San Francisco Bay Midpeninsula. This restriction on rate increases shall be for the period from twelve (12) months before the filing of the tentative map application through the end of occupancy for an eligible tenant and until the unit is sold for all other tenants.

(2) Relocation assistance shall be given to all eligible tenants as follows:

(A) A relocation allowance equal to three times the current monthly United Stattes Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the unit being converted shall be paid to the eligible tenant within twenty (20) days after the tenant notifies the owner of his or her intention to vacate the unit or the owner notifies the tenant to vacate the unit.

(B) The developer shall provide a list of active comparable rental units in San Mateo County at least once each month beginning in the month that the tentative map is approved by the City and continuing until six (6) months after approval of the final map or the expiration of the tentative map, whichever is later; and

(C) In conversion projects of twenty-five (25) or more dwelling units, the developer shall provide a relocation specialist to assist displaced tenants in finding new housing who shall be on-site at least biweekly, beginning no later than fifteen (l5) days after the approval of the tentative map by the City and continuing until the expiration of the tentative map or six (6) months after the approval of the final map, whichever occurs first.

(3) Hazardous and unsafe conditions shall be alleviated and repaired prior to final map approval, even though the condition may have complied with city codes in effect at the time of original construction. Other code requirements, as well as conditions of the conversion approval, not deemed hazardous or unsafe, if not complete at the time final map approval is sought, shall require that a bond in the form and amount acceptable to city be posted to ensure such completion prior to approval for occupancy or within one year of the approval of the final map, whichever is sooner. Such bonding shall not be released until all conditions of approval have been met and accepted by city as satisfactory.

(4) An inspection of the premises to ascertain that structures are consistent with the public health and safety shall be completed at applicant's expense by the City or city's designee prior to final map approval. Approval for occupancy shall not be granted until all other conditions of approval have been met and accepted by city as satisfactory.

(5) The structural elements of the conversion project shall meet, at a minimum, the Building Code in effect in the City on the date of the building permit application for the conversion. Calculations by a structural or civil engineer or architect shall be required. The project shall also meet sound control and energy conservation requirements as follows:

(A) Sound control between units and between units and public areas shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of forty-three by field testing. Impact Insulation Class (IIC) of forty-three by field testing is required. Entrance doors and perimeter seals shall meet a rating of not less than twenty-six STC. To assure compliance with the above, all units must be field tested and certified by an approved testing agency.

(B) Energy conservation measures shall be included. Roof and ceiling assemblies shall meet the R-20 standard. Exterior openings shall be weather-stripped. If the glazing areas exceed the allowable areas of the state energy regulations by ten percent, modifications shall be made to bring the structure within the limits specified herein. The energy compliance alterations may be made in any manner provided in the state regulations. Calculations by a person authorized in the state regulations will be required. Exposed heating ducts and hot water piping and hot water tanks shall be insulated.

For the purpose of meeting all the requirements of this subsection (5), all walls, floors and other structural elements deemed suspect by the building official, shall be opened for inspection and necessary corrections shall be made to the structure prior to receiving approval for occupancy.

(6) Parking for each unit shall be the same as that required for new multiple residential structures specified per bedroom count in Chapter 27.64 of this code, except that, upon proper qualification, a variance therefrom may be granted under the provisions of Chapter 27.78 of this code. The parking for each unit shall be within an enclosed garage for at least one space, or, alternatively, a covered parking area with adequate security may be substituted.

(7) All public improvements which are necessary to comply with present city standards shall be required and completed prior to approval of the final map.

(8) The applicant shall post an irrevocable bond or warranty with the project's homeowners association assuring the operation and maintenance of all built-in appliances in each unit for a period of one year after conveyance of each unit. Any residential conversion project shall contain clothes washing and drying appliances at a minimum ratio of one of each such appliance per five units, or fraction thereof, in the project, to be located in a facility readily accessible to all occupants. A similar bond or warranty for the clothes appliances shall be posted with the association for a like period of operation and maintenance.

(9) The applicant shall furnish the department of community development with a copy of the Department of Real Estate's Conversion Final Subdivision Public Report when issued, as well as to all prospective purchasers. The applicant shall also notify all tenants of the structure to be converted of each public hearing scheduled on the application, in writing, and provide evidence of compliance therewith to the City prior to final tentative map approval.

(10) After tentative map approval is granted, but prior to a final map being approved, the applicant shall file a copy of the covenants, conditions and restrictions with the City Attorney's office. They shall be reviewed and approved by the City Attorney for compliance with the provisions of this code, conditions of approval or conflicts with local law prior to approval of the final map. The covenants, conditions and restrictions for residential conversions shall contain provisions prohibiting discrimination because of age, persons of low income, or families with children, unless the physical facilities are limited to elderly persons or unsuitable for children and persons of low income are unable to qualify for financial assistance to purchase a unit.

(11) The project shall meet all zoning ordinances in effect at the time the application is filed with respect to the number of units permitted.