17.240.070 Findings.
The Planning Commission may issue a recommendation for approval, and the City Council may approve a condominium conversion permit if all of the following findings are made:
A. An environmental review has been completed and the proposed condominium project, as conditioned, is found to be in conformance with all statutes of the California Environmental Quality Act.
B. The proposed condominium project, as conditioned, is found to be in conformance with all applicable laws, ordinances, and regulations pertaining to the State Subdivision Map Act and SMC Title 16 (Subdivisions), and to the adopted building and fire codes.
C. The proposed condominium project, as conditioned, is found to be in conformance with the Sebastopol General Plan, especially with the objectives, policies, and programs of the Housing Element that are designed to provide affordable housing to all economic segments of the population, and any applicable specific plan.
D. The developer has submitted documentation substantiating that all required notices have been provided to tenants, and has agreed to provide all future notices, as required by SMC 17.240.090.
E. The condominium development, when evaluated as a single entity, is found to be in conformance with current zoning standards in this title for the underlying district. The building setbacks, as measured from the outside walls of the unit(s) closest to any property line, shall conform to existing setback requirements; the maximum height of any portion of any unit may not exceed current height limits; and there must be a sufficient number of parking spaces to satisfy current parking requirements. Lot coverage shall be calculated as follows: the footprint of the entire group of units/the underlying parcel size.
F. The proposed condominium project, as conditioned, is found to comply with the State noise insulation standards.
G. The proposed declaration of covenants, conditions, and restrictions is found to properly address issues defined in SMC 17.240.060(F).
H. The overall design of the project is visually appealing, and the physical condition of the project exhibits a high level of quality and safety.
I. The proposed project, combined with any other approved condominium conversions, will not result in the conversion of more than the net production of new multifamily rental units in Sebastopol since the 2000 census year, or the conversion of more than three percent of the multifamily rental units in Sebastopol during the current calendar year, whichever is less.
1. The net production of new multifamily rental units shall be determined by subtracting the total number of multifamily units that have been demolished from the total number of multifamily units that have received certificates of occupancy. This number shall be determined by the Planning Director.
2. The total number of multifamily rental units shall be calculated as follows:
[Total number of renter-occupied housing units (not including “1, detached” and “1, attached”) identified in Census Table QT-H10] plus [total number of multifamily housing units constructed since January 1st of the census year]. This number shall be determined by the Planning Director.
J. Vacancies in the project have not been intentionally increased in the 12 months prior to submission of a condominium conversion application, for the purpose of preparing the project for conversion through evictions without just cause.
K. The project will not result in the unjust eviction of a senior citizen (62 years or older), disabled, or very low-income tenant, nor will it result in the unjust eviction of a single head of household living with one or more minor children.
L. The project will not result in the loss of housing stock which is regulated for affordability to low- and very low-income households. (Ord. 1111, 2018)