HomeMy WebLinkAbout2014-10ORDINANCE NO. 2014-10
ADDING A NEW SECTION 31.7 - RESIDENTIAL CONDOMINIUM
CONVERSION TO ARTICLE I OF CHAPTER XXXI -
SUBDIVISION OF THE DANVILLE
MUNICIPAL CODE
The Danville Town Council does ordain as follows:
SECTION 1 ADDING A NEW SECTION 31.7 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 31.7 is hereby added to the Danville Municipal Code to read as follows:
31 -7 RESIDENTIAL CONDOMINIUM CONVERSIONS
31 -7.1 Purpose
31 -7.2 Definitions
31 -7.3 Application Requirement
31 -7.4 Notice requirements for Tenants and Prospective Tenants
31 -7.5 Inclusionary Housing Requirements; Density Bonus
31 -7.6 Findings
31 -7.1- Purpose.
The purpose of this section is to reduce the impact of condominium conversion on
residents in rental housing by providing procedures for notification, option to purchase,
and adequate time for relocation, in compliance with the State Subdivision Map Act.
(Government Code section 66427.1)
31 -7.2 - Definitions.
In this chapter,
Condominium conversion means the conversion or subdivision of a single ownership
parcel of existing, improved residential real property having two or more units into a
form of ownership for residential purposes involving the right of exclusive occupancy
or separate ownership of individual units, including but not limited to condominiums,
community apartments, stock cooperatives or townhouses. (Civil Code § §4105, 4125,
4190.) It does not include a second unit approved under Section 32 -76.
31 -7.3 - Application requirement.
In addition to the other subdivision requirements and procedures, an application for
approval of a tentative map for the.condominium subdivision shall be accompanied by
a signed copy from each tenant and prospective tenant of notice of intention to convert
as specified in Government Code sections 66452.17 and 66452.18, or evidence that a
certified letter of notification was sent to each tenant for whom a signed copy of the
notice is not submitted.
31 -7.4 Notice Requirements for Tenants and Prospective Tenants.
The subdivider of a condominium conversion shall provide the required notices to
tenants and prospective tenants found in Government Code sections 66427.1, 66452.17 -
66452.20, 66452.51, and 66459.
31 -7.5 - Inclusionary Housing Requirements; Density Bonus.
Each residential condominium conversion shall provide affordable housing in
conformance with the inclusionary housing requirements, DMC section 32 -73.
An applicant proposing to provide a minimum number of affordable housing units may
be eligible for a density bonus under Government Code section 65915.5 and DMC
section 32 -74.
31 -7.6 - Findings.
The Town Council may not approve an application for condominium conversion unless
it finds in the approving resolution that the proposed conversion:
a. Conforms to the requirements of this section;
b. Is consistent with the General Plan and current zoning regulations;
C. Satisfies the requirements of Government Code section 66427.1 (regarding notice
to tenants).
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
CONDOMINIUM CONVERSION PAGE 2 OF ORDINANCE NO. 2014-10
The foregoing Ordinance was introduced on September 16, 2014 and approved and
adopted by the Danville Town Council at a regular meeting held on October 7, 2014, by
the following vote:
AYES: Storer, Doyle, Arnerich, Morgan, Stepper
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2014 -10 of said Town and that said
ordinance was published according to law.
Dated:
I
CONDOMINIUM CONVERSION PAGE 3 OF ORDINANCE NO. 2014-10