4.32.130 Permits necessary for occupancy of property following withdrawal pursuant to the Ellis Act.
(a) No property or rental units therein which have been withdrawn pursuant to the Ellis Act, Government
Code Sections 7060 et seq., shall be subsequently occupied unless an occupancy permit is obtained in accordance with the
provisions of this Section.
(b) An occupancy permit for commercial occupancy of a property or any rental unit therein shall be granted
by the Planning Director if the following findings are made:
(1) The occupancy is in conformity with the General Plan.
(2) The occupancy is in conformity with the Comprehensive Land Use and Zoning Ordinance.
(c) An occupancy permit for residential occupancy of a property or any rental unit therein may be granted:
(1) By the Planning Director, if the Planning Director finds that no more than one unit on the property will
be occupied by owners of the property. Other units on the property may be occupied by family members of the owners,
provided such family members do not have any ownership interest in the property and do not pay rent as defined in Section
1801(f) of the City Charter. An agreement restricting use of the property to such purposes shall be executed by the owner
and the City as a condition of approval.
(2) By the Planning Director, if the Planning Director finds that the property or rental unit therein is to be
used for multifamily rental housing, and the Rent Control Board has certified that the owner has complied with the
requirements set forth in Government Code Sections 7060.2 and 7060.4 and with applicable regulations promulgated by
the Rent Control Board.
(3) If the property is to be used as a cooperative apartment as defined in Section 9.20.02.050, a subdivision
or parcel map is obtained in accordance with Chapter 9.20 of Article 9 of this Code, and a conditional use permit is
obtained in accordance with the requirements of Section 9.04.16.02.010, except that subsections (a), (b), (e), (h), and (i)(2)
shall not apply, and except that the requirements regarding a Tenants' Notice of Intent to Convert and Tenant Relocation
Assistance Plan contained in subsection (c) shall not apply.
(d) The Planning Director shall make a written report to the Planning Commission and the City Council
within five (5) days of approving or conditionally approving an occupancy permit pursuant to this Section. Any decision
of the Planning Director approving, conditionally approving, or denying an occupancy permit may be appealed to the
Planning Commission in accordance with the provisions in Part 9.04.20.24 of Article 9 of this Code. Any decision of the
Planning Commission may be further appealed to the City Council in accordance with the same provisions.
(e) This Section shall not apply to occupancy of any portion of a property withdrawn pursuant to the Ellis
Act following lawful demolition of that portion of the property, nor shall it apply to an entire property withdrawn pursuant
to the Ellis Act following lawful demolition of the entire property. (Prior code § 4812a; added by Ord. No. 1466CCS,
adopted 2/14/89)