HomeMy WebLinkAboutORD 2821.. . . . •.,1
. . . • • ORIGINAL
ORDINANCE NO. 2821
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO ADDING CHAPTER 16.38 AND CHAPTER
21.33 TO THE PALO ALTO MUNICIPAL CODE, RELATING
TO COMMUNITY HOUSING, INCLUDING CONDOMINIUMS,
COMMUNITY APARTMENTS, STOCK COOPERATIVES,
AND PLANNED DEVELOPMENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16. 38, Certificate of Use and Occupancy
for Co7Umunity Housing, and Chapter Zl. 33 Conversions to Co!"nmunity
Housing, are added to the Palo Alto Municipal Code as set forth in
EXIDBIT A, attached hereto and by reference made a part h€ reo f.
SECTJON~. Until the vacancy survey to be conducted in Novemb~r.
1974, is completed, the survey conducted by the Department of Planning
and reported in the Palo Alto Condominium Conversion Study is hereby
deemed the vacancy survey for the purposes of Chapter 2L 33 of the Palo
.Alto Municipal Code~
SECTION 3. The Council of the City of Palo Alto hereby finds that
the enactment of this ordinance is not a "project 11 within the meaning of that
term· as defined in Section ll. 04. 130 of the Palo A ito Municipo:'l 1 Corle and,
therefore, no environmental assessment is neceseary.
SECTION 4. This ordinance shall become effective upon the
expiration of thirty days fro-:..."1 its passage.
INTRODUCED:
PASSED~
September 30, 1974
October 2~, 1974
AYES: Beahrs, Clay, Comstock, Henderson, rearson, Rosenbaum,
Sher.
NOES: Berwald, Norton.
ABSENT: None
ATTES: ~~ ~"';[ .
APPROVE AS TO .·_E'ORM: ..
~k,..s, asa~
.Arutistant (.;ity Attorney ·
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APPROVED:
~we. ~lanning )P
APPROVED: Si
.JSw.J) E~
Mayorl'"' -.·
APPROVED:
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nepartment of Public Work:t and
Engineering
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Chapter 16. 38
CERTIFICATE OF USE AN:U OCCUPANCY
FOH COMMUNITY HOUSING
Sections:
16. 38.010
16. 38. 020
16.38.030
16.38.040
16. 38. 050
16. 38. 060
16.38.070
16.38.080
16. 38. 010
Definitions
Certificate of Use and Occupancy for Community Housing
General Requir·ementE:r ·for Certificate
Unoccupied Structures
Previously Occupied Structures
lsBuance of Certificate
Advertising
Voidable Transactions
Definitions •
(a} 11 Association 11 means the organization of persons who own a
lot, parcel, area, condominium or right of exclusive occupancy in 2.
community housing project.
(b} 11 Community housing 11 and "Community housing project 11 mean
and include the following: a condominium project, as defined in Section
1350 of the Civil Code, containing two or 1nore condominiums, as defined
in Section 7 83 of the Civil Code; a community apartment project, as defined
in Section .11004 of the Business and Professions Code, containing two or
more rights of exclusive occupanc>•; ;i stock cooperative, as defined in
Section 11003. 2 of the Business and Professions Code, containing two or
more rights of exclusive occupancy; and a planned development. as defined
in Section 11003 of the Business and Professions Code, containing two or
more separately owned lots, parcels, or areas.
(c) 11 Developer'1 means the owner or subdivider with a controlling
proprietary interest in the community housing project, or the person or
organization making application hereunder.
{d) "Organizational documents 11 means the declaration of restric·
tions, articles of incorporation, by-laws, and any contracts for the main
tenance, management, or operation of all or any part of a community
housing p~oject.
16. 38. 020 Certificate of Use and Occupancy for Community
Housing. A developer shall first obtain a certificate of use and occupancy
for community housing prior to the sale, lease, use, or occupancy of any
building o1• structure as community housing. ·
Such certificate shall be obtained regardless of the previous use,
occupancy, or tenancy or whether any changes, alterations or modifications
have been made to any portion of any existing building or structure.
Application for a certificate of use and occupancy for community
housing shall be made to the building official. Such application Bhall be
submitted with an inspection fee of thirty dollars a.nd shall include the
following:
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(a) The organizational documents.
(b) A preliminary annual operating budget containing a sinking
fund reasonably calculated to accumulate reserve funds to pay for major
anticipated maintenance, repair, or replacement expenses and, in the
case of previously Ot,;;Cupied buildings and structures, a property report
and structural pest 1·eport as required by subsections (f l and t:J) of
Section 16. 38. 050.
16. 38~ 030 .Q.eneral Requirements for Certificate. The require~
ments for issuance of a certificate of use and occupancy for all community
housing projects are as follows:
(a) The 0rganizational documents shall provide that the association
is responsible for maintenance and landscaping of all parts of the com
munity housing project which are h~ld in common and that such maintenance
shall be performed to the ~ta.ndard of maintenance prevalent in the neighbor
hood.
(b) The organizational documents shall allow ,the association to
terminate the cont:ract of any person or organization engaged by the devel
oper to perform managernent or maintenance duties, three months after
the association assumes control of the community housing project.or
any time thereafter.
(c) Any violations of the latest adopted edition of the Uniform
Housing Code, promulgated by the International Conference of Building
Officials, shall be corrected and any equipment or facilities which the
buiiding official det*"'i"Yrljne~:~ are deteriorated or hazardous, shall be repaired
or replaced.
16. "·. 040 !Jnoccup!_ed Structures. Buildings and structures
which nav' not been previously occupied or used shall comply with the
following ~equirements, in addition to those in Section 16. 38. 030:
(a At least ZOO cubic feet, with a min~mum horizontal surface
' of 2~ square feet of enclosed, weatherproof, lockable storage space
shall ...,~ , ·ovided for each dwelling unit. Such storage space shall be in
addition • ) hat ordinarily contained within a unit as cabinets, pantries,
and cloth 18 ·1,.. c:c.s. Such storage space may·be located in or separated
from H~~ ; i.we. • ~ ... ~ unit.
(b) Wall and floor-ceiling assemblies shall conform to the sound
insulation performance criteria promulgated in Title ZS, California
.Administrative Code, Section 1092., or its successor.
{c) The consumption of gas and electricity within each dwelling
unit shall be eeparatelymetered so that the unit owner can be separately
billed for each utility. .A water shut-off valve shall be provided for each
unit.
(d) All permanent rnech~nicai equipment, including domestic
appliances, which is determined by the building official to be a source or
potential source of vibraticn ornoise, sh-all be shock mounted, isolated
from the floor and ceiling, or otherwise installed in a manner approved
by the building official to lessen the transmission of vibration and noise.
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16. 38. 050 Previously Occupied Structures. Buildings and
structures which have ·been previously occupied shall comply with the
following requirements, in a.ddition to those in Section 16. 38. 030:
(a) The developer shall certify that all tenants in any building
or structure have been notified individually and in wdting prior to the
time of filing an application hereunder.
(b) The developer shall provide each tenant a preemptive right to
purchase a unit Ot' right of exclusive occupancy. Such right shall be
irrevocable for a period of <]0 days after the commencement of sales or
the issuance of the final public report by the Real Estate Commission~r.
(c) The developer shall, where possible, offer a 90-day extension
of tenancy after the expiration of a lease or rental agreement which wou~d
expire prior to or at the time_ of the commencement of sales or the issu
an~e of tht; final public report by the Real Estate Commissioner.
(4) The developer shall, where possible, permit a tenant to ter
minate any lease or rental agreement without any penalty whatsoever aftet
notice has been given of the intention to convert to community housing if
su<:h tenant notifies the developer in writing 30 days in advance of such
term.inr-=ion· ..
(e) The developer shall, where possible, allow an extension of
term to permit a tenant to complete a school semester or quarter, as the
case 1nay bt:.
(~) The developer shall submit a property report describing the
condition and useful life of the roof, foundations~ mechanical, electrical,
plumbing and structural elements of all existing buildings and structures.
Such rep~ !'t shall be prepa1·ed by a registered civil or structural engi-
neerr or a licensed general building contractor ot general engineering
contractor.
(g) The developer shall submit a structu1 al pest repod. Such
report shall be prepared by a licensed structural pest control operator
pursuant to Section 8516 of the Business and Professions Code. relating
to writ.ten repo-xts on the absence or presence of wood"1iestro}ring pests
or organisms •
. (h) . The consumption of gas and electricity within t!ach d\Vtlling
. unit shall be separately m~tered so that the unit owner can b~ separately
bill~d for each utility. A water shut-off valve shall be provided for each
unit. The requirements of this subsecti~n may be waived where the
building official finds that such would not be practicabie.
(i) All permanent mechanical equipment. includlng domesti<:
appliances, which is determined by the building official to-be a source or
potential source of vibration or noise~' shall be shock mounteG., isolated
from the floor and ceiling, or otherwise installed in a manner approved
by the building official to lessen the transmission of vibration and noise.
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16. 38. 060 Issuance of Certificate.
(a) Upon :receipt of an application for a certificate of use and occu ..
pancy for community housing, the building official shall cause an inspection
to be made of all buildings and structures in the proposed community
housing project. The building official shall prepare an inspection report
identifying all items in violation of the Uniform Housing Code and any
additional equipment and facilities he determines to be deteriorated or
hazardous.
The initial inspection report shall be presented to the developer
who shall correct all violations of the Uniform Housing Code and repair
or replace any equipment or facilities deh rmined to be deteriorated or
hazardous.
(b) The build-i,ng official shall review the property report and may
require it!i !·evision and resub1nis sion i£ he determines that substantial
evidence shows that any statement therein is without foundation in fact.
Such report may be revise~ to reflect improvement, repair, or replace
ment.
(c) The developer shall repair or replace ·<my damaged or infested
areas in need of repair cr repla.cem<-nt as sho,.vn in the structural pest_
report.
(d) The building ~fficial shall cause a final inspection of all
buildings and structures to be n:1ade, upO!l request by t.he developer, to
determine that the requi:t-ements of this chapter have been fulfilled. The
bnilding official shall then mark the inspection report to show the correc
tions, repairs, and replacements which have been made.
(e) Th~ organization'71 docume:..tts shall be subriutted to the City
Attorney for a deternunation that such documents c01nply with the require
ments of this chapter.
(f) (1) The building official shall issue a ce1·tificate of use and occu
pancy for community housing if the require~ents of this chapter have been
fulfilled. The property report; the marked inspection report~ the struc
tural pest report, and the prelimin...~.ry annual operating bu_dget shall be
kept on file for five years as public records in the Division of Inspectional
Services and copies of such documents shall be sent to the Real Estate
Commissioner.
(Z) The prcperty report and a primer relating to cotnmunity
housing for prospective purchasers of community housing, prepared and
published by the city of Palo Alto, shall bE:~ presented by the developer to
each prospective purchaser of any interest in a community housing project
prior to taking a written offer to sell or lease. The de"veloper. shall also
. present to each prospective purchaser, prior to taking a written offer to
sell or. lease, written notice that property taxes are likely to ir.crease if
the proj.ect is reasse~Ssed as community housing and that" monthly association
fees are difficult to predict and may increase substantially.
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16. 38. 070 Advertising. The developer shall make no
adve~tising use of such certificate of use and occupancy for community
housing or the fact that such certificate has been issued.
16. 38. 080 Voidable Transactions. Any sale, lease, contract
to s-~11 or lease, deed, or conveyance of any building, structure or unit
therein, or right of exclusive occupancy made contrary to the provisions
of this chapter is voidable at the sole option of the purchaser, person
contracting to purchase, lessee, grantee, his heir, personal r~presenta
tive, or trustee in insolvency or bankruptcy within one year after the
date of execution of the deed, .. conveyance, lease cir contr;~ct to sell, ~ut
such instrument is binding upo-r. any assignee or transferee of the grantee,
buyer Or person CCl_ltracting tO purchase, }ease, or take and upon the grantor 1
vendor, lessor 1 or person or organization contracting to sell, lease, or
convey. and his assignee, transferee, heir, or devisee.
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Sections:
21.33.010
21. 33.020
21.33.030
21.33.040
21.33.050
21.33.060
CHAPTER 21.33
CONVERSIONS TO COMMUNITY HOUSING
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Purposes of chapter and findings
Definitions
Scope
Determination of vacancy rate anJ surplus
Tentative and parcel maps
Action of planning commission
21.33.010 Pur oses of cha ter and findinas. In order
to provide for the housing needs of a economic segments of
the community, the council of f:hs city of Pal•.' Alto declares
that the purposes of this chapter are as follows:
(a) To insure a reasonable balance of rental and owner
ship housing in Palo Alto and a variety of individual choices
of tenure,· type, price and location of housing;
{b) To ;:naintain the supply of rental housing for low
and moderate income persons and families; and
(c} To reduce and avoid the displacen1ent of long-term
residents, particularly senior citizens and families with
school-a·:Je children, who may be required to move from the
community due to a shortage of replacement rental housing.
The council of the city of Palo Alto finds and declares
that, when the number of vacant apartments being offered for
rent or lease in the city of Palo Alto is equal to or less
than three percent of the total number of such dwelling
units offered for and under rental or lease agreement in the
city of Palo Alto, a housing shortage exists which is incon
sistent with the purposES.:; of thi~ chapter and with the
declared goals and objectives of the city of Palo Alto
relating to its housing element of its general plan and
interim housing statement.
The col.!ncil further. finds that the conversion of exist
ing apartment buildings into community housing, such as
condominiums, planned developments, community apartment
projects and stock cooperatives, diminishes the supply of
rental housing and displaces residents and will tend to
require them to move outside of Palo Al~o when a housing
shortage exists.
21.33.020 Definitions.
(a) Apartment. "Apartment"· means a dwelling in a
structure designed or used to house two or more families, as
the .term ''family 11 is defined in Section 18.04~210, living
independently of e·ach other.
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(b) Project. "Project" means the entire parcel of real
property, including all structures thereon, all or part of
which is rented or .leased for residential purposes and is
proposed to be divided, as land or air space, into two or
more lots, parcels, units, or rights of exclusive occupancy.
(c) Vacancy deficien~. ''Vacancy deficiency" means the
number of vacant apartment units needed to raise the vacancy
rate to three percent (3%} •
(d) Vacancy rate. 11 Vacancy rate" means the number of
apartments being offered for rent or lease in the city of
Palo Alto shmm as a percentage of the total number of apart
ments offered for or under rental or lease agreement in the
city of Palo Alto.
(C!) ~ll£Y__S.E.,';Plu2_· "Vacancy surplus" means the num
ber of apartme~~-be1ng offered for rent or lease in excess
of three percent (3%) vacancy rate.
21.33.030 Scope. Projects are subject to the provi
sions of this chapter and the other provisions of this code.
21.33.040 Determination of vacan~x~rate and surplus.
In April and November of each year the director o~planning
shall determine the vacancy rate and the vacancy surplus, if
any· New market-priced rental units available to the ge..1eral
public, for ~'lhich a certificate of use and occupancy has been
issued since the last vacancy surveyf shall be added on a unit
for-unit basis to eithc:r reduce the "vacancy deficiency" or
increase the "vacancy 3Urplus.11
21.33. 050 Tentative and parcel ma~. (a) Unless there is
a vacancy s.urplus as of the most recent determination pursuant
to Section 21.33.040, n:') application for approval of a tentative
or parcel map for a project subject to the provisions of this
chapter shall be filed.
(b) When there is a vacancy surplus as of the most recent
determination pursuant to Section 21.33.040, an application for
approval of a tentative or-parcel map may he filed with the ·
planning department if the number of lots, parcelsr units, or
rights . of exclusive occupancy proposed does not. exceed the vacancy
surplus by more than forty percent.
(~)· An applicution for approval of·a tentative or parcel
map for a project subject to the provisions of this chapter may
be filed, regardless o·f whether there is a vacancy S11rplus, if
two-thirds of all of the adult teh.ant.s lawfully in possession
indicate their desire to convert such project to community
housing.
Such desire shall be indicated by the tenant's signature
on a form -w·hich contains the statement that the project may be
converted to community housing if two~thirds of all of the adult
tenants lawfully in possession so desire and that the tenant,
by signing such statement, ir~evocably expresses his or her con
sent tc such conversion. Such statement shall proVide that
conversion may require the tenant ·to find other housing which
may not be available in Palo Alto. Such statement shall also
include tqe tenant's printed name and address. No other words
or provisions shall appear on such statements.
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with Palo Alto Baylands
Master Plant List
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