18.32.060 Tentative map and preliminary parcel map approval.

(A) All tentative maps and preliminary parcel maps filed in connection with residential conversion projects shall be subject to divisions of land regulations contained in Division 2 in Title 18 of the municipal code, except as herein otherwise provided. All such maps shall be subject to the general plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to conversion projects, except as otherwise provided in this subsection.

(B) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project, if it finds (1) that the map is not substantially consistent with the applicable density provisions of the general plan in effect at the time the original building permit was issued, and (2) the application for map approval is filed less than ten years from the date the original certificate of occupancy for the building was issued.

(C) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that any applicable general plan provision contains a definite statement of policies and objectives explicitly applicable to conversion projects and the proposed map is not substantially consistent with such provision.

(D) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that there are uncorrected violations of Title 16 of the municipal code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, "Title 16 of the city's municipal code" means the provisions of Title 16 in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.

(E) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project, if it finds that (1) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (2) the building is more than three stories in height without an elevator. This provision may be waived where the advisory agency finds that any such condition has been corrected in conformity with municipal code standards.

(F) After considering the following criteria, the advisory agency may approve a tentative map or preliminary parcel map for a residential conversion project, unless it makes both of the following findings:

(1) The vacancy rate of the planning area in which the property is located is five percent or less; and

(2) The cumulative effect of the rental housing market in the planning area of successive residential conversion projects (past, present and future) is significant. A finding of significant cumulative effect shall be based on the following factors:

(a) The number of tenants who are willing and able to purchase a unit in the building,

(b) The number of units in the existing residential building prior to conversion,

(c) The number of units which would be eliminated in case conversion occurred in order to satisfy municipal code parking requirements,

(d) The adequacy of the relocation assistance plan proposed by the subdivider, and

(e) Any other factors pertinent to the determination.

"Vacancy rate" shall refer to the most current vacancy rate for multiple-family dwelling units as published by the city's community development director, or other estimate or survey satisfactory to the advisory agency.