26.65.030 DEFINITIONS.

When used in this chapter, the following meanings shall apply:

(1) "Affordable housing" means housing that has a purchase price or a rental rate that is within the income levels for households earning less than or equal to one hundred twenty percent of median income for the San Francisco-Oakland Standard Metropolitan Statistical Area (SMSA) and that meet minimum size standards on a per person basis.

(2) "Apartment" means a room or suite of rooms in a multiple family structure, which is arranged, designed or used as a single housekeeping unit and which includes cooking facilities.

(3) "Applicant" means an authorized party responsible for filing a complete application and representing the project during review by the City.

(4) "Association" means an organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums.

(5) "Common areas" means an entire project excepting all units therein granted or reserved.

(6) "Community apartment project" means a development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated residential unit located thereon. For the purposes of this section, community apartment project means the same thing and shall be treated in the same way as a residential condominium, as defined herein,

(7) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property.

(8) "Conversion" means a proposed change in the ownership interest of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership interest defined as community apartments, stock cooperative or condominiums.

(9) "Covenants, conditions and restrictions (CC&Rs)" means a written declaration relating to the maintenance, operation, duties, and responsibilities of the common owners of the project and may include, but is not limited to, those restrictions provided for in Section 1355 of the California Civil Code and as such may hereafter be amended.

(10) "Developer" means the owner or subdivider of real property with a controlling proprietary interest in the project.

(11) "Eligible tenant" means a tenant who was a tenant at the time the notice of intention to convert was mailed pursuant to section 26.65.025(a) or to whom the subdivider did not provide a notice concerning the proposed conversion required by this chapter or State law.

(12) "Handicapped" means a person who is handicapped with one of the following disabilities: an orthopedic disability impairing ability to obtain employment, a physical disability requiring special care facilities in the home, or a developmental disability or mental disorder rendering him or her eligible to participate in programs of rehabilitation or social services conducted by or on behalf of a public agency.

(13) "Housing market area" means the area within the county of San Mateo.

(14) "Lower income" means a tenant or household that earns eighty percent or below the county or SMSA median income, whichever produces the higher figure.

(15) "Moderate income" means a tenant or household that earns more than eighty percent, but not more than one hundred twenty percent of the county or SMSA median income, whichever produces the higher figure.

(16) "Multiple family residential project" means a rental housing development consisting of three or more dwelling units attached to or within one structure.

(17) "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of the community housing project.

(18) "Project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

(19) "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy.

(20) "Subdivision Map Act" refers to the subdivision law of the state commencing with Section 66410 of California Government Code, or its successor.

(21) "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(22) "Subdivision ordinance" means Title 26 of this code.

(23) "Tenant" means the person(s) entitled to immediate possession of the unit pursuant to a rental agreement, lease, or sublease. A person who sublets a unit to another and does not live in the unit himself, is not a tenant.

(24) "Unit" means the element of a community apartment, stock cooperative or a condominium which is to be exclusively owned or occupied individually and not in common with the owners of other elements of the project.

(25) "Very low income" means a tenant or household that earns fifty percent or below of the county or SMSA median income, whichever produces the higher figure.