HomeMy WebLinkAbout1980-11-26; Planning Commission; Resolution 1724, .z
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1 PLANNING COMMISSION FU3S'OLUTION NO. 1724
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21-47, OF THE CARLSBAD
MUNICIPAL CODE (CONDOMINIUMS AND CONDOMINIUM CONVERSIONS) BY MODIFYING SECTION 21.47.160(2) TO EXTEND THE TIME PERIOD FOR TENANTS IN A PROPOSED CONDOMINIUM CONVERSION PROJECT TO HAVE AN EXCLUSIVE RIGHT TO PURCHASE AND BY ADDING A NEW SECTION 21.47.170 TO REQUIRE FINANCIAL RELOCATION ASSISTANCE FOR DISPLACED TENANTS. APPLICANT: CITY OF CARLSBAD .CASE NO:' ' 'ZCA-127
WHEREAS, the Planning Commission did, on the 2.6th day of
November, 1980, hold a duly noticed public hearing as prescrik
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considc
all testimony and arguments, if any, of all persons desiring 1
be heard, said Commission considered all factors relating to 1
Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Conmission as follows:
A) That the above recitations are true and correct,
B) That based on the evidence presented at the public hearil
the Commission recommends APP'ROVAL of ZCA-127, according
Exhibit "A", dated November 12, 1980, attached hereto anc
a part hereof, based on the following findings:
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F ind.ifig s :
1)- Requiring financial relocation assistance will reduce thl impact on the tenants of an existing apartment building
because of the conversion of the building to a condomini.
project,
2) Requiring that the period given to tenants of an apartme
building converting to a condominium project for the
exclusive right to purchase to be extended from a 60 day
period to 90 days will bring the code into compliance wi
recent state law. i 28 ////
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1 3) This project will not cause any significant environmental impacts, and a declaration of negative environmental impa
and approved by the Planning Commission, on November 26,
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has been issued by the Planning Director on October 29, 1
4 I/ PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
the 25th day of November, 1980, by the following vote, to wit:
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7 AYES: Marcus, Rombotis, Larson, Jose, Friestedt, L'Heureux
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NOES : None
ABSENT: wds
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ABSTATN: mne
13 11 ATTEST:
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MARY M.Z$BpJS, Chairman
CARLS,: AP PLANNING COMMISSIC
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PC RES0 #1724 -2-
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ORDSNANCE
@ EXHIBIT "A" November 12, 1
NO 0 ?5z@2
,%E ORDLNASCX 04' THE CITY COUNCIL OF THE CITY
OF CAKLSBAD J CALIFORNIA, JW-ENDING TITLE 21,,
CHAPTER 21.47 01.' THE CARLSBAD KlJNICIFAL CODE
(Cc3iDONINI~JM AND CONDOP.IINIUX CONVERSIONS f .
BY NODIPYIEG SECTION 21.49.150 (2 TO EYTF'ND
THE TI355 PERIOD PGR TENANTS IN X PFROPOSED
CO?JDOMINIUM- COXVERSION PROJECT TO 8AVZ Titi
EXCLUSIVE FclGEiT TO PUF.C€IASE AND i3Y AD3.IXG
A NEW SECTION 21,4:7 -170 TO REQUIRE PIKANCIAL
RETAJCATIGN ASSfSTNTCE FOR CISPLACED TEXANTS'. _"""
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8, The City Council of the City of Carlsbad, California, do
9 ord-ain as follows:
Io 1 SECTION 1: That Title 21, Chzpter 21.47 of the,.CarlsSad
311 Municipal Code is amended by modifying Section 21,47.160 (2) i II 12 read as'follows: P
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"(2) ,Each of- the tenants of the proposed condominium 03
con;rnur-ity apartment or st$& cooperative project has bee:? or
he given notice of an exclusive right to ccntract for the pu of their respective units tlpor, the sane terms and conditio&
such units will be initially offered to the general public o tens pore favbrahliy to the tenant. The right shall run for
period of not Iess than ninety days from the date of issuanc the subdivlsicn prhlic report pursuant to Scction 11018.2 of
Business and Professions Code, unless the tenant gives prior
written notice of his intention not to exercise the right."
I% I SECTION 2: That Title 21, Chapter 21.47 of the Carlsbe
I' 1, Municipal Code is amended by adding a r,ew Section 21.47.170 .'* I/ read as follows:
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I' [ I "Tenant Relocation Expenses. The subdivider shall pro7
relocation assistance equal to one month's rent -to any resic
tenant who relocates from the building to be converted aftc receipt fro= the subdivider of the notification required
by section 21.47.160 (I), except when the tenant has given notice of his intent to vacate prior tu receipt of t3e noti from the subdivider. Relocation assistance shall be provid
later than 15 days following the subdivider's receipt of nc
cation from the tenant of the tenant a s in-tent to vacate unl arrangements are made in writing between the tenant and thc
di,viCTer. 'I
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2. /I EFFECTIVE DATE: This ordinance shall be effective thirt]
2.11 days after its adoptior?, and the City Clerk shsll certify to .I
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adoption of this ordinance and cause .it to be published at le;
once in the Car1sba.d Journal within fifteen days after its ad(
5 1NTF.ODUCED AND FIRST READ at a regular meeting of the Ca:
t5 ll City Council held on the day of f 1980, and
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’ PASSED AND ADOPTED at a regular meeting sf said City COU: 8
thereafter e
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9 held on the day of - f 1980, by the followi.ng votl
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NOES : 12
AYES : 12.
to wit:
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RONALD C. TACKARD, Nayor 15
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16 ATTEST :
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ALETHA L. RAUTENKRWZ, City Clerk
( SEAL)
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