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A. This chapter does not apply to buildings for which a condominium map has been approved prior to the date on which any unit in the building has been rented.

B. No more than 100 rental units per year may be approved for conversion to condominiums, community apartments or stock cooperative units (collectively, hereinafter “condominiums”). To the extent the number of units approved for conversion in any given year is less than 100, the quota for the following year may be increased by an equivalent amount, which may be carried forward from year to year, but shall not exceed a total of 200 rental units in any given year. This subdivision shall not apply to applications that were complete as of January 1, 2009.

C. The following categories of units shall not be counted against the 100-unit quota in subsection B of this section:

1. Existing inclusionary units in any building that has inclusionary units provided under the City’s inclusionary zoning ordinance; and

2. Two, three and four unit properties with owner-occupied units eligible for a mitigation fee cap of 5% or less under Sections 21.28.080.C.2 and 3.

D. This chapter shall not apply to:

1. Applications involving proposed or newly constructed buildings that contain units not previously rented or leased. Where a new unit or units are added to an existing residential unit or units, this chapter does not apply to a proposed subdivision of the new unit(s) from the existing unit or units;

2. Buildings lawfully designed and used for other than residential purposes;

3. Conversions to limited equity housing cooperatives; or

4. Conversion of properties which are already subdivided into condominiums, stock cooperatives or community apartments to a different type of subdivision except that if the subdivision contains multiple units that were required to remain in a single parcel within the subdivision due to their previous status as rental units, these units must continue to be owned in a single parcel or right of exclusive occupancy. (Ord. 7070-NS § 3, 2009; Ord. 7025-NS § 1, 2008)