20.170.220

Application for conditional use permit.

San Jose Municipal Code · San José Municipal Code § 20.170.220

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Recognizing that the conversion of structures, which have been previously occupied, to a project presents unique problems to present tenants and future buyers, in addition to any requirements relating to applications for conditional use permits, the application for a conditional use permit for a conversion to a project shall include the following information: 1. Satisfactory evidence that, at least sixty (60) days prior to the date of filing such application, each of the tenants of the proposed project received, pursuant to Section 20.170.400 of this chapter, written notification of intention to convert; and that, thereafter, each person applying for rental of a unit in the proposed project, prior to payment of any rent or deposit, received notification of intention to convert. 2. Provision that, after the date of filing such application, each person applying for rental of a unit in the proposed project, prior to payment of any rent or deposit, shall receive, pursuant to Section 20.170.400 of this chapter, written notification of intention to convert. 3. A boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property. 4. The proposed organizational documents. In addition to such covenants, conditions, and restrictions that may be required by the department of real estate of the state of California pursuant to Title 6 (Condominiums) of the Civil Code or other state laws or policies, the organization documents shall provide for the following: a. Conveyance of units; b. Assignment of parking and management of common areas within the project; c. A proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and indicating the association fees needed for the operating budget and the reserve fund; d. FHA regulatory agreement, if any; e. The most recent balance sheet of the association. 5. A provision that the annual assessments to members of the association shall provide for penalties for late payments and reasonable attorneys' fees and costs in the event of default by said members. 6. Provision to allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties after the association assumed control of the project or anytime thereafter. 7. A property report describing the condition and estimating the remaining useful life of each of the following elements of each structure situate within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. For any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or registered civil or structural engineer. 8. A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. 9. A building history report including the following: a. The date of construction of all elements of the project. b. A statement of the major uses of said project since construction. c. The date and description of each major repair of any element since the date of construction. For the purposes of this subsection, a "major repair" shall mean any repair for which an expenditure of more than one thousand dollars was made. d. The date and description of each major renovation of any element since the date of construction. For the purposes of this subsection, a "major renovation" shall mean any renovation for which an expenditure of more than one thousand dollars was made. e. Statement regarding current ownership of all improvements and underlying land. f. The name and address of each present tenant of the project. g. Failure to provide information required by Subsections 9(a) through 9(f), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why said information cannot be obtained. 10. A rental history detailing the size in square footage and number of bedrooms, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental unit proposed to be converted. 11. A true copy of each application to the California Department of Real Estate for issuance of a final public report for the project proposed for conversion including all attachments and exhibits thereto required by the department pursuant to Section 11011 of the Business and Professions Code. A true copy of the statement of compliance (form 643 as amended) pursuant to Title 10, California Administration Code, Section 2792.9, or its successor, relating to operating and maintenance funds during start-up. A statement whether the developer will provide any capital contribution to the association for deferred maintenance of the common areas and, if so, the sum and date on which the association will receive said sum. 12. A true copy of the supplemental questionnaire for apartments converted to condominium projects submitted to the California Department of Real Estate for the project proposed for conversion, including all attachments and exhibits thereto. (Ord. 26248.)