Ordinance 906 ~ • •
ORDINANCE N0. 906
, aN ORDLYANCE OF THE CITY OF CUPERTINO REGULATING CONVERSION OF
MULTI-FAMILY RENTAL @OUSING TO COMMUNITY HOUSZNG ZNCLUDINC
CONDOMINIUMS, COMPfIIJNITY APARTMENTS, STOCK COOPERATIVES AND
. PLANNID DEVELOPMENTS
THE CITY COIJAiCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLONS:
SECTION 1: PURPOSE In order to provide for the houaiag needs of all
economic eegmenta of the co~unity. the Council of the City of Cupertino declares
that the purpoae of this Ordinance ie aa followa:
Section 1.1: To regulata conversioa of apartments and other forma of
rental housing. unlta to condominiums, co~unity apartments. atoclc cooperatives
and plaaned developmenta.
Section 1.2: To enaure that apartment converaiona do not conflict vith
' the goals or policies of the Ceneral Plan of the City of Cupertino.
Section 1.3: Provide tenant and buyer protection relating to diaplace-
ment and relocation of rentere. enauring purchasers are informed regarding the
structural integrity of buildinga and the on-aite utility eyetem. and enauring
said buildings and utility aystem reasona6ly comply with all current codea which
may directly impact the health and safety of future reaidents including codes
related to noise and insulation standarde.
SECTION 2: DEFINITIONS
Section 2.1: Asaociation. The organiza[ion or peraon vho ovna a lot,
parcel. area, condominium or right of excluaive occupancq in a communitq apartment
project.
Sectioe 2.2: Buildinst Official. The Chief Building Inspeccor of the
Citq of Cupertino or the deaignee of the Director of Planning aad Development.
Section 2.3: Co~on Area. Aa entire project excepting all reeidential
dwelling unita eherein.
Section 2.4: Co~unity Apartmeat. An estate in real property consiating
of an undivided intereat in commoa in a parcel of real property and the improve-
ments therein coupled with the right of eaclusive occupancy for reaidential
purpoaes of an apartment located thereon.
Section 2.5: Co~unitv Avartment Project. The conversion of an eaist-
ing atructure to a co~unlty apartment containing two or more apartmen[a to which
there ia the right of eacluaive occupancy for reaidential purpoaea.
Section 2.6: Cou~unitv Houeing and Co~unity Houeinst Proiect. A
condominium pro~ect, as defined in Section 1350 of the Civil Code; a communitq
apartment project, as defined in Section 11004 of the Businese and Profesaions
Code, containing two or more rights of excluaive occupancy, a stock cooperative
ae defined in Section 11003.2 of the Buainesa and Profesaions Code, containing
tw or more aeparatelq owned lots, parcels, or areas.
Section 2.7: Condominium. Aa estate in real property conaisting of
an undivided interest in co~on in a portion of a parcel of real proper[y
together with a aeparate in[ereat in space in a residential, industrial. or
Ordinance No. 906
cos.mercial buil~ on such real property, such ae • aparunent, office or store.
a condociiniuc may Snclude ia addicion a separate interest in otaer portions of
euch real property. Such estate may, vith respect to the dura[ion of its enjoy-
ment, be elther (1) aa estate of inheritance or perpetual estate, (2) an eatate
for life, or (3) an estate for yeazs, such as a leasehold or subleaeehold.
Section 2.8: Conversion. a change ia the type of ownerahip of a
parcel or parcels of land, together with the exis[ing attached structurea, to
' ehat defined for a condomiaium project or a co~unity apar[ment project regatd-
lesa oE [he prasent or prior uae of auch land and atructures and ahether
subatantial improvr~ceata have been made or are to be made to auch atruccurea.
Section 2.9: Devaloonr. The ovnar or aubdivider crith a controllis~g
proprietary interest in the co~unity housing pro~ect, or the person or organi-
zation making application hereunder.
Section 2.10: Director. The Director of Co~unity Development of the
City of Cupertino or h1a/her deaignee.
Section 2.11: Housina Market Area. That area bounded bq Premoat
Avenun located in the City of Suanyvale, to the aarth, Lawrence Expresaway to
the east, Proapect Road to the aout8, thence along a line genezally folloving
the vesterly boundary of the Cupertino Uzbaa Service Area nortfierly to Higkvay
280, thence easterlp along Fiighvap 280 to Foothill Boulevard, thence northerly
along Foothill Boulavard to Homestead Rnad, thence easterlq along 9omestead Road
, to Steveaa Creek, thence northerly along Staveaa Creek to Fremont Aveaue. ae
generally showa on ehn folloviag map.
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LEGEND - .
~s[sitr. HOUSING MpRKE7 BOUNDaRY
SPMERE OF INFLUENCE BOUNOARY
• • Ordinance No. 906
Section 2.12: Multiple Family Residential Proiect. A rental houaing
development consisting of [wo or more dvelling units.
Sectlon 2.13: OrAanizational Documents. The declaration of restric-
~ tiona, articlea of incorporation, by-laxa, and any contracts for the melntenance
managemeat or operation of all or any part of the co~nunity houaing pro~ect.
Section 2.14: Proiect. A residential condominium project or community
apartment project.
Section 2.15: Proiect Imvrovements. Improvementa coneisting of all
public roadwaq improvements, undergrounding utility improvements, and improve-
meata to on-site utility netrrorics ae required by the unimproved Street Ordinance
of the City of Cupertino or ita auccessor.
Section 2.16: &ecreational Open Space. Opea Space oa the project
(exclusive of the required front setback area) which ahall be uaed excluaively
for leisure and recreational purpoaea, for the use and enjoyment of occupants
(and their visitors) of unita on the project and to which such occupanta (and
their visitora) have the right of use and enjoyment. Accessory structures auch
as svi~ing pools, recreational buildinga, and landecaped areas may be included
as open space.
Section 2.17: Reaidential Condomini~ Proiect. The conversion of an
existing atructure to a condominium containing two or more condomiai~s for
resideatial purposes.
Sectlon 2.18: Subdivision Map Act. The Subdivision Map Act shall
refer to the subdivision law of the State of California co~encing with Section
65,000 of California Government Code, or ita succeasor.
Section 2.19: Subdivieion Ordinance. An ordinance of the City of
Cupertino conais[ing of Section 28 of the Cupertino Hunicipal Code or its
succesaor.
Section 2.20: Qnit. The element of a residential condominium pro~ect
which is not owned in co~on with the ownera of other condominiuma in the
project or ie an apartment in a coffiunitq apartmenc project to which an owner of
an undivided intereat in co~on in the communitq apartment pro~ect has the right
of exclusive occupancy.
SECTION 3: GF~IERAL REpUIRII~tENTS
Section 3.1: Co~unitv Impacta.
A. Provisione concerntnR Resfdent Displacement. Ia no case ahall
an apartment be converted to a comnunitq housing project unlesa and until it can
be reasonably demonstrate that comparable replacement houaing eaciats within the
Cupertino area to accommodate those residents diaplaced as a direct result of the
proposed comersion.
The developer shall provide a relocation/displacement plan which illustrates that
sufficient replacement housing is available in the Cupertino Houaing Market Area,
within a price range which is equal to or less than 25X of the household income
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of the tenants to be displaced as a result of the conversion, or not [o exceed
the rent being paid for the existing rental unit to be conver[ed, whichever is
higher. Replacement housing must be shown to meet any special needs of dis-
placed tenants, vhich are preaently available in [he project proposed to be
converted, such as facilities for the handicapped, elderly, families with
children, and availability of public tranaportation for the elderly or residents
, who do not own an automobile. The Plan ahall also demonetrate that all other
'I proviaions relating to tenant protection addressed in [his ordinance have been
~ complied with.
A developer may meet the above requirements through the provision of mitigating
factors to diminiah the number and/or sid relocation of displaced tenanta within
the project. Said mitigating measures may include but are not limited to
discounting the pro~ect unita to [enant buyers, offering a moving allowance,
extending leasea, or providing below market rate units.
In no case ahall a rental unit be converted to single-family ownerehip houaing
when Che reatal Within the Cupertino Housing Market Area, is lesa than SX at
the time of application and has averaged SX over the past six months as
determined by surveys coaducted by the Planning Department of the Ci[y of
Cupertino.
B. Confozmitv with the General Plan. No conversion of multiple
family rental unita to ownerahip units ahall be permitted unless and until the
City Council finds that the proposed conversion will not conflict with the
housing goals and policiea of the General Plan and will not adveraely impact the
local school syatem.
C. Prohibition of Discrimination ARainst Proapective Buvera with
Children. In no case shall a project which can reasonably accommodate children,
as determined ia each case by the Planning Co~isaion and City Couacil limit
initial sales to houaeholda or individuals aithout children.
Section 3.2: Tenant Protection.
A. The developer ahall provide each tenant an irrevocable, non-
transferrable, pre-emptive right to purchase a unit or right of exclusive
occupancy at a price no greater than the price affered to the general public for
such unit. Such right shall be irrevocable for a period of ninety (90~ days
after the commencement of sales or the issuance of the final public report by the
real eatate commiasioner. Tenants shall have the right to the unit presently
occupied and then to other units in the project only after they have been
declined for purchase and vacated by the occupying tenants. In no case shall an
exiating tenant have a pre-emptive right to more than one unit.
B. The developer shall offer a ninety (90) day extenaion of
tenancy after the expiration of a lease or rental agreement which would expire
prior to or at the time of commencement of sales or issuance of the final public
report by the real eatate co~i.aeioner.
C. The developer ahall permit a tenant to terminate any lease or
rental agreement without anq penalty whacsoever after notice has been given of
the intention to converc to communitp housing if such tenant notifies the
developer in writing thirty (30) days in advance of such [ermination.
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~ • Ordinance No. 906
Section 3.3: Buver Protection. The developer shall furnish each
proapective purchaser of a unit, a true copy of the conditional uae permit
isaued uader thie part and a copy of each of the folloving informatianal docu-
ments (said permit and documenta ehall be printed in Spaniah if requeated by
the purchaser): ,
A. Property Report.
8. Structural Pest Control Report.
C. Structuzal Report and Building Department Report.
D. Building Hietary Report.
E. State~nent of compliance (Form 643) purauant to 10 Cal.
AD. Code. Section 2792.9, or ita eucceasor. relating
to operating aad maintenance funda during atart-up.
F. Soils Report as determined in each case by the Director
of Planning and Development.
G. Certificate of Compliance.
Sectlon 3.4: Buildina and Site Imvrovements.
A. All private streete, drivevays and parking areae for said
condominiuma and co~unity apartmeat pzo~ects ehall be improved and conatructed
with a structural section and site dimeasions in accordance aith the ataadarda
of the Citq of Cupertino and shall be deaigned to ensure that accesa for muai-
cipal aervicea ahall not be denied aaq dwelling unit therein by reason of
deteriorated or impassable private streeta~ drivevays. or parking areas, (as
determined by the Director of Public Worka or his/her deaignee).
B. Sewage collection and vater diatribution linea on private
property and property under common ovnership ahall be coverad by one of the
following reaponsibilitiea.
1. All lines to be o~+ned and maintained by the corporation
ahall 6e constructed to the City of Cupertino Standard
Specifications for Public Worka. Water metering and
billing ahall be provided at each individual tovnhouse
lot as evell sa for the entire development using a
master meter. Tfie difference between the sum of the
individual metera and the reading of the master meter
will be billed to tfue corporate atructure. A aeparate
set~er lateral ehall be provided to serve each indivi-
dual parcel.
2. Al1 lines to be oaaed and maiatained by the Citq of
Cupertino, a private water utility and/or the Cupertino
Sanitarq District ahall be placed in asphalt concrete
drineiraqa. or a covered concrete line trench, acceptable
to the Director of Public tiorks, or appropriate repre-
sentation of thc private Water Utility or Sanitary
Diatrict (~aith the neceasary public utility easement
runniag through the project) so se to provide accesai-
bflity for the maintenance of the linea. A water meter _
and aewer lateral ahall be pronided to aerve each
individual parcel.
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3. In cases of conversion to community housing not involving
individual ownerahip of separate parcele (e.g. community
apartments, atock cooperatives, planned developmenta,
etc.), aeparate utility aervicea vill not be required.
In these cases, utilities will 6e billed to the home-
ownera asaociation and a cash depoait to secure payment
of the bill vill be required.
C. UnderRrouadina Requirements. All atructurea being converted
I from individual. corporate or partnerahip ovnerehip of multiple family projecta
to a community housing form of ownership shall within the exterior boundary lines
of auch property have all electrical. cocmmunication and similar distribution,
service wirea and/or cablea placed underground.
D. Compliance with Codes. The deaign, improvement and/or
conatruction of a community housing project shall conform to and be in full
accordance with all requirementa of all building, fire and houaing codes. zoning
proviaiona and other applicable local, State or Federal laws or ordinances
relating to protection of public health and safecy. in effect at the time of the
filing of the tentative map. Also, anq violations of the lateat adopted edition
of the IIaiform Houaing Code as prepared by the Interaational Conference of
Building Officials, or its auccessor, relating specifically to provisions
protectiag health and safety of reaidenta, ehall be carrected and any equipment
or facilitiea which the building official determines are deteriorated or
hazardous, shall be repaired or replaced. In particular, the developer ahall
repair or replace any damaged or infested areas ia need of repair ar replacement
as show ia the atructural pest report. The iaterpretation of what conetitutes
a hazard to public health and safety shall he made by the Directo: of Building
and Planning. or his/her deaignee.
E. Separate MeterinR. The coasumption of gas and electricity
within each dvelling unit shall be separately metered ao that the unit owner
can be separately billed ior each utility. The requirements of this subsection
may be waived where the Director of Planniag and Development finda that such
vould not be practical or reasonable. In all casea, a water shutro££ valve
ahall be provided for each unit.
F. Shock Mountinpt of Mechanical Evuipment. All permanent
mechanical equipment, includiag domestic appliances, vhich is determined by the
building official to be a source or a potential source of vibration or noiae,
ehall be ahock mounted, isolated from tfie floor and ceiliag, or otherwiae
inatalled in a manner approved by tfie building official to lesaen tfie transmis-
aion of vibration and noiae.
G. Sevarate Electrical Panel Boarda. Each unit ahall have ita
ovn panel board of adequate capacity to acco~odate all electrical oueleta vhich
serve that uait.
H. Imvact Sound Insulation. The applicant/owner ahall demonatrate
that wall and floor ceiling assembliea conform to the sound inaulation performance
criteria promulgated in Title 25, California Adminiatrative Code, Section 1092, or
ita succesaor, and that any floor covering vhich is replaced similarlq provides
the same or greater insulation qualitiea.
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. . Ordinance No. 906
I. StoraRe Reouirement~. Private, encloeed, weather-proofed and
lockable outdoor etorage space ahall be provided for each dwelling unit according
to the following achedule:
No. of Bedrooma Minimum Space in Cubic Feet Lease Dimension
Studio or 1 150 2 ft.
2 200 2 ft.
3 250 2 ft. •
4 300 2 ft.
The above space ahall be provided ia the garage or parking area or contiguoua to
each unit. Thi.a requir~ent may be vaived by ehe Planning Commieaioa and/or City
~ Council if it is determined that aufficient etorage space existe to reasonably
i fulfill this atandard.
J. Private and Co~on Area Open Space. The Planning Commisaioa
and City Council shall reviev the adequacy of open epace in cerms of area. and
privacy standards. Private outdoor apace ahall be provided for each unit, where
practical. The amount of space ahall be determined in each case by the aize of
the unit and amount of co~on open apace. Ad~oining unita ahall be redesigned
or landacaped ia auch a manner or as to preclude visual intruaion into private
outdoor yards or interior apacea, where practical.
K. Noiae Mitigation. Appropriate site design and conatruction
techniques shall be utilized to enaure isolation from exceasive noiae sources
outaide of the pro,ject boundary and ensure acouetical privacy between adjoining
units. If the Director of Planning and Development determines that an exceseive
external noiae source exieta, the developer ehall retain an acoustical eagineer
to evaluate the noiae impact on the propoeed reaidential development and develop
mitigation measures. The conatruction ahall comply ~rith the applicable City
ordinaacea and State codes relating to sound transmisaion control to enaure
acouatical privacy between adjoining dwelling units.
L. Interim Mainteaance Standarde. The developer shall be
responaible for improving and maintaiaing the structures and landscaping in
accordance with the approved architectural and landscaping plana and good
maiatenance practicea prior to turning them over to the homeovaers association.
A performance bond shall be collected to enaure compliance with thia requirement.
SECTION 4• PARKING
Section 4.1: Off-atreet Parkinq. The project ahall provide a minimum
of two (2) off-atreet parking apaces per unit of which one muat be covered. The
applicant/owner shall demonstrate that additional spaces exiat to reasonably
acco~odate guest parking.
Section 4.2: Applicability of Citq Ordinance ReQUlating Parkinq of
Trailers and Recreational Vehiclea, etc. City Ordinance No. 276 regulating
parking of trailera, repairing vehicles, etc. shall apply to the private street
and to all parking along said atreet. The parking of recreational vehiclea auch
as boata, trailers, etc. ahall be prohibited throughout the entire development
unless said parking is within an enclosed area. Vehicular curb parking along the
private street shall be prohibited except in designated areas. Appropriate "No
Parking" signs shall be installed by the applicant.
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. ~ Ordinance No. 906
SECTION 5: APPLICATZON PROCEDURES
• Section 5.1: Zoning. Any apartment project proposed to be converted
to condominlum housing ahall be rezoned to the R1C (Single-family Cluster) or P
(Planned Development with Single-family Reaidential Incenc) zoning diatrict.
Sectioa 5.2: Uae Permit and Tentative Map or Parcel Map Required. vo
conversion ehall be permitted unlesa and until a conditional uae permit and
tentative map or parcel map (in casea where the division creates or changea lot
linea) has been applied for and isaued purauant to and 1n accordance with the
provisions of this chapter and the requirements of the Subdiviaion Map Act or
its succesaor.
Section 5.3: Property and Structural Pest Report. After reviewing
the property, etructural and structural pest reporta required to be aubmitted
pursuaat to Section 6.1 G, H and I, and inapecting the etructures aituated
within the project when he deems such inapection necessary, the building
official ahall identify all itema if evidenced by auch reporta and/or inapec-
tion to be hazardoua to the life. health or safety of the occupants of auch
atructure within the pro]ect, or the general public. Each permit isaued
hereunder shall require all of such itema to be corrected to the satisfaction
of the building official.
The building official ahall review the property report and may require its
raviaion and resubmission if he determines that aubatantial evidence ahovs
that any atatement therein is without foundation or fact. Said report may be
revised to reflect improvemeat, repair or replacement.
Section 5.4: OrRanizational Document Reviev. The Organizatioaal
Document ahall be submitted to the City Attorney for a determination that auch
documents complq with the requirements of thie chaptar and the applicable State
lava.
Section 5.5: Compliance with HousinA, BuildinR Codes and Fire
ReQUlations. If the propoaed project does not comply vith the provisiona of
the State of California Uniform Building Code and regulations af the Santa _
Clara Central Fire Protection District, and/or the building official identifies
itema to be corrected as provided in the above, any uae permit issued pursuant
to this part ahall require the developer to furnish a bond. in a penal ~ount
equal to the reasoaable eatimated coat to bring their project into compliaace
with said codea, said fire regulatione and/or auch identified items to be
corrected. Said bond shall run in favor of the individual purchasers and the
homernmers aseociation and shall provide for reasonable attorneq's fees in the
event of default by the principal. The C1ty ahall hold said bond pending
issuance of the certificate of completion.
Sect3on 5.6: Public Hearings. The tentative map, use permit and
rezoning portion of the application will be heard in a public hearing before
the Planning Commission. The Planning Commisaion vill recommend either
approval or denial to the City Council. If the City Council approvea the
proposed converaion. the applicant will be required to submit detailed eite
improvement plans to the Architectural Committee for any exterior alterations
or improvementa to the buildings and/or landscaping. The Architectural and
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. • Ordinance No. 906
Site Approval Committee will make a fiaal recommendation to the City Council
regarding said improvements. The Ci[y Council's final action on the
architectural plan and final map will denote approval of the project.
Section 5.7: Le[ter Certifying Compliance. The Director of Planning
and Development ahall cauae a final inspection of all buildings and struc[ures
to be made, upon request by the developer, to determine that the requirements
of this chapter have been fulfilled. The building official shall then mark the
inapection report to ahav the corrections. repairs and replacementa which have
been made. If complete, the Director of Planning and Development will cause to
be issued a letter certifyiag compliance vith all of the conditions and
approvals and with thia ordiaance and authorize sale and/or occupancy of eaid
units. No buildiag or unit applied for under Chia part shail be sold without
said letter certifying compliance and approving occupancy. .
SECTION 6: APPLICATION REQUIRF??1ENTS
Section 6.1: Ia addition to the requirements of the Subdivision
Ordinance aad the Subdiviaion Map Act, an application for the conversion of
rental housing into commuaity houaing shall require the submittal of the
' following data, which data must be submitted to the Planning Department at
the same time ehe tentative map is submitted. unlesa otherwiae atated:
A. A complete legal descripcion of the property.
B. Certification that all tenants in any building or
atruc[ure propoaed to be converted have been aotified
individuslly and in writing prior to the time of
filing an application hereunder.
C. A boundary map shoWing the exieting topography of the
site and the location of all exiating easements,
atructurea and other improvements, and trees over
four (4) inches ia diameter.
D. The proposed organizational documents. In addition
to auch coveaants. conditions and restrictions that
maq be required bq the Department of Real Eetate of
the State of California purauant to Title 6(condo-
miniums) of the Civil Code or other State laws or
policies, the organization documents shall provide
for the following.
1. Coveyaace of unita.
2. Asaigameat of parking and management of common
areas ~rithin the pro~ect.
3. A proposed annual operating budget containing
a ainking fund to accumulate reserve funds to
paq for major anticipated maintenance, repair
or replacement expenaea.
4. FSA Regulatory Agreement, if any.
5. The most recent balance sheet of the Asaociation.
E. A provisioa that the annual assessments [o membera of
the Asaociatioa ahall provide for penalties for late
papmente and reasonable attorney'a feea and costs in
the event of default of said members.
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• O Ordinance No. 906
F. Allow the Asaociation to terminate the contzact of any
person or organization engaged by the developer to
• perform management or maintenance dutiea after the
Aasociation aesumea control of the pro~ect or any time
thereafter.
G. A property revort describing the condition and estimating
the remaining uaeful life of each of the following elements
of each atructure aituated within the project propoaed
for comeraion: roofs, foundatione, esterior paint, paved
aurfacea, mechanical aystema, electrical eyatema, plumbing
syste~s, includiag sewage ayateme, sprinkler systema for
landacaping, utility delivary syat~ae, central or
co~unity heating and air conditioning syatema, fire
protection syatema including any automatic sprinkler
syatema, alarm syatema. or standpipe syatems, and atruc-
tural elements. Such report ehall be prepared by a
registered civil or etructural engineer, or a licaneed
general buildiag contractor or general engineering
contractor.
H. A atructural veat report prepared by a licenaed atructural
peet control operacor pursuaat to Section 8516 of the
Buainesa and Professions Code, relating to ~rrieten reporta
on the abaeace or preaence of wood destroying pests or
organisma.
I. A atructural revort deacribing the physical elementa of
the project shall be aubmitted to the Planning Department
vith [he finai map. Said report ehall also identify any
structural alementa srhich are kaown to be etructurally
defective or unsafe ao as to impoae a hazard to the
health and safety of the occupaats or usera of said
improvementa. The Planning Department ahall maintain
a form containing a reasonable liat of physical elemeata
to be descrtbed tn said report, which form shall be made
available to the applicant. The applicant ahall arrange
for project inapections by the Buildiag Department to
verifq the accuracq of the deficiencies noted in the
atructural repozt. The building official ahall prepare
a report detailing building code deficiencies or other
health and safety deficiencies which muat be corrected prior
to sale of unita or occupancy se required in Section 5.3.
J. A buildinst historv report includiag the following:
1. The date of conetruction of all elementa of the
pro~ect.
2. A etatement of the major usea of said project since
construction.
3. The date and description of each major repair of any
element since the date of construction. For the
purpoaes of this avbsection, a"ma3or repair" ahall
mean anq repair for afiich an e~cpenditure of more
than $1,000 was made.
4. The date and description of each major renovation
of any element since the date of conatruction. For
the purposea of thie subsection, "major renovation"
ahall mean anq renovation for which an expenditure
of more than $1,000 was made.
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• . Ordinance No. 906
5. Statement tegarding current ownership of all improve-
ments and underlying land.
. 6. The name and addrese af each present tenant of the
project.
7. Failure to provide information required by eubsections
(1) through (6), inclueive, shall be accompanied by an
affidavit. given under penalty of perjury. aetting
forth in detail all efforts undertaken to diacover
auch information and all reasona vhy said information
caanot be obtaiaed.
K. A rental historv detailed the aize in square footage, the
current or last rental rate, the monthly rental rate Eor
the preceding two (2) yeara, and the monthly vacancy over
the preceding two (2) years of each rental unit proposed to
be converted.
Section 6.2: Condominium Plan. The application for fiaal aubdivision
map ahall include a copy of the Condomiai~ Plan prepared pursuant to Civil Codes,
Sectioa 1351. Said plaa ahall be submitted for the information of the local
gonerniag body and need not be part of the aubdivision map.
Section b.3: Proiect OrAanization. A ~rritten description regarding the
propoaed project organization including the use and control of the coimnon elements
and recreation facilitiea withia the pro~ect shall be aubmitted to the Planning
Department ~rith the tentative map. Said statraent shall detail any propased
control of co~on facilitiea to ba retained by the developer ot to be owned or
maintained by any o[her organization other than the homeownera asaociation or unit
owners.
Section 6.4: A true copy of each applicatioa aubmitted foz issuance of
a Final Public Report to the Departmeat of Real Eatate of the State of California
for the project propoaed for comreraion including all attachmenta and exhibita
thereto required by the Department pursuant to Section 11011 of the Buainess and
Profeaeioas Code. A true copq of the Statement of Compliance (from 643 as
ameaded) purauaat to 10 Cal. Ad. Code, Section 2792.9, or its auccessor, relating
to operating and maintenance funds during start up. A atatement vhather the
developer irill provide any capital contribution to the Association for deferred
maintenance of the common areas, and if so, the s~ and date on which the
Association Wi.ll receive said sum.
Section 6.5: A true copq of the Supplemental Questionnaire for apart-
menta converted to co~unitq hoasing projects aubmitted to the Department of Real
Eatate of the State of California for the project proposed for conversion, and
ehall include all attachmenta and exhibits thereto. Provided, however, that to
the estent the information required to be fumished pursaant to Sectione 6.4 and
6.5 ie not available at the time of application, any Conditional Use Permit isaued
under thia part ahall require the developer to furnish auch information to the
City within ten (10) days of submiasion of same to the Department of Real Eatate;
provided, further, that the developer ahall file vith the City a true copy of the
Final Public Report vithin ten (10) days of ieauance by the Department of Real
Estate.
Section 6.6: Relocation Displacement Plan. A Relocation Displacement
Plan ahail detall the n~ber of residents vhich will be displaced as a reault of
[he proposed converaion and documen[ the "reasonable" availability of comparable
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replacement houaing in the Cupertino area within a rental range equal to [he
. range which the tenanta have paid ae detailed in a rental report (aee Section
6.1, Subaection K} or within a price raage which is equal to or lesa than 25X
of the income range of each household [o be displaced as a result of the
' conversioa Whichever is higher. Additionally, replacement houaing must be
ehoan to meet any apecial needa, vhich are presently available in the project,
of dieplaced tenanta auch as facillties for the handicapped, elderly, households
with children, and availability of public transportation for the elderly or
reaident buyers who are temporarily displaced pending completion of improvemente
to the units being purchased. ~
Section 6.7: Soila Report. A true copy of the Soila Report originally
prepared for the aubject property. In cases where a soils report has naver been
prepared or when iaformation in previous reports ia conaidered iasufficient as
determined bp the Director of Planning and Development, then the developcr ehall
provide a Soila Report prepared by a reRistered Civil Enrtineer, or equivalent,
which detaila information as determined by the Director of Public tiorka.
~ Section 6.8: Information required by the Planned Development Ordiaance
of the City of Cupertino. Such information vhich the Planning Commisaion or
Planning Department detezminea is aecessary to enaluate the proposed pro~ect.
SECTION 7: PUBLISFiING Ci.AIJSE
Section 7.1: That the City Clerk be and ie hereby authorized and
directed to cauae copiea of this Ordinance to be publiehed, verbatim or condenaed,
at least once ~rithia fifteen (.15) daqa after ita adoption, in the Cupertino
Courier, the official nevspaper of the City of Cupertino.
SECTION 8: SEVERABILITY CLAOSE
Section 8.1: If any section, subsection, sentence, clauee or phrase of
thia Ordiaance is for any reason held to he unconatitutional, such deciaion shall
not affect the validitq of the r~aining portions of thie Ordinance. The
legislative body hereby declares that it wuld have paased this Ordinance and each
aection, subaectioa, aentence, clauae or phraee hereof, irrespective of the fact
that any one or more aections, aubaectiona, aentences, clauaes or phrases be
declared unconetitutional.
INTRODUCID at a zegular meeting of the City Council of the Citq of Cupertino
thia 4rh day of Dece~ber , 19 78, and ENACTED at a regular meeting
of the City Council of the City of Cupertino, this 18th daq of n..~~her ,
19
78. by the £ollowing vote:
Vote Membera of the CitY Council
AYES: Mey,ers, Rogera, Sparks, Jackson
NOES: None
ABSIIQT: Rogere
ABSTAIN: None
ATTEST: APPROVED:
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City Cler or, Citq of rtino
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