18.38.110 Use Permit Conditions of Approval.
The Planning Commission may approve use permits for conversions of condominium projects subject to but not limited to the following conditions:
A. Private Open Space. An outdoor private open space shall be provided contiguous to each residential ground level unit.
B.
1. Inclusionary Units. For projects of ten (10) or more units, fifteen (15) percent of the units in the project shall be made available at costs or rents affordable to low-income households.
2. If the developer proposes that sale units by made available to satisfy this condition the developer shall provide the City with agreements that satisfactorily demonstrate how such units will remain available to low-income households in perpetuity.
3. Screening of buyers or renters to assure conformance with the income limitations shall be handled by the Marin Ecumenical Association for Housing, the Marin Housing Authority or other agency acceptable to the City of Larkspur.
C. Retention of Rental Units. Forty (40) percent of the units in the condominium shall be retained in perpetuity as rental apartments. The project CC&Rs shall be revised to provide assurance to this end and also for the maintenance and management of the rental units. The provision of units at low income rents will satisfy the requirement in subsection (B) of this section to the extent the number of units so rented at low income limits meet or exceed the number of units required in subsection (B) of this section.
D. Elderly and Handicapped Tenants.
1. Householders residing in the project at the time the final map is filed shall be provided with rental leases to their units as defined below:
a. The annual rent increases for such units shall be limited to fifty (50) percent of the annual increase in the Consumer Price Index in California for urban wage earners and clerical workers for the San Francisco Bay Area.
b. The annual increase in rents shall be based on that rent paid by the tenant three (3) months prior to the approval of this use permit plus the referenced increases that will have occurred until the date of the filing of the final subdivision map.
2. Low-income households whose members are over sixty (60) years of age shall be provided lifetime leases to their units or other unit in the project if mutually agreeable to the tenant and the owner.
3. Disabled and handicapped tenants shall be provided with ten-year leases to their unit or other unit in the project that is mutually agreeable to the tenant and the owner.
4. The provision of units to meet the requirement of this subsection (D) shall be deemed to count against the units required in subsection (C) of this section but this shall not limit the requirement that such rental units in subsection (C) of this section shall be provided in perpetuity.
E. Prohibiting Discrimination. The project CC&Rs shall contain a provision that prohibits discrimination against families with minor children in either rental or sale of units. This condition may be deleted by the Commission where its application would not be warranted because of the type of project (e.g., senior housing) or because of the physical construction of the project.
F. The developer must to the fullest extent possible make physical modifications to ten (10) percent of the project units to meet the special needs of the elderly and the mobility of handicapped. The commission shall review the changes or proposed changes to the project at the time of the tentative subdivision map to ensure substantial compliance with this condition.
G. If temporary relocation of any tenant is necessary for renovation of a unit between the date of submission of the use permit application and the date established for permanent relocation by subsection (D) of this section, then the applicant shall find equivalent substitute housing for that tenant for the period of renovation, and shall pay to that tenant any additional rent of the substitute housing and any moving expenses.
H. For permanent relocation each tenant not remaining in the project shall be allowed possession for ninety (90) days past the date of recordation of the final map or parcel map, or until the expiration of that tenant’s lease, whichever is longer. The applicant shall contract with a relocation service acceptable to the Community Development Director to provide permanent relocation services for each tenant or tenants, and the applicant shall bear the cost of that service and the actual moving expenses of each tenant or tenants for any move within fifty (50) miles of the converted units. The applicant shall also pay a moving expense allowance equivalent to the cost of moving fifty (50) miles from the converted units to all tenants moving further than fifty (50) miles.
I. A sinking fund shall be established in an amount satisfactory to the City Engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, open space, common guest parking and landscaped areas.
J. The applicant must apply for a tentative subdivision map within one year from the approval of this use permit or the permit is null and void unless it is extended for no more than one additional year by the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)