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HomeMy WebLinkAbout1981-01-06; City Council; 6467; Zone Code Amendment - Condo Conversion ordinance.CITY -. . OF CARLSBAb IN IT1 AL AGENDA B1 LL NO. fi, yb 7 Dept. Hd. DATE : January 6, 19-81 - Cty. Atty DEPARTMENT: Planning F SUBJECT : ZONE CODE APPLICANT: CITY OF CARTSBAD CASE NO: ZCA-127 FtEGARDING a"IUM CONVERSION ORDINANCE. STATEMENT OF THE MATTER: This item would amend the Zoning Ordinance by requiring relocation aSsistance for displaced tenants in condaninium conversion projects and to extend the tin^ period for tenants to have an exclusive right to purchase. would be required to provide relocation assistance equal to one mnth's rent to a tenant no later than 15 days following notification to the subdivider that the tenant intends to vacate. right to purchase would be increased fram 60 days to 90 days. Code Amendment is approved, the Planning Camnission recamnended that the mra- torium on considering condcminium conversion projects be lifted. I_.. . Specifically, a subdivider The time period for tenants to have an exclusive Once this Zone ' At the public hearing,' no one expressed opposition to this project. Through staff review and Planninq Catmission hearing, all issues on this matter have been satisfactorily resolved. ExlT7I-m The Planning Carmission found that this project Will not create adverse environmental impacts and therefore approved the Negative Declaration issued by the Planning Director on October 29, 1980. FISCAL IMPACT Staff anticipates no fiscal impacts resulting from this project. A- 2. Resolution No. 1725 with Ekhibit "A" , (Ordinance No. 3; Staff Report, dated November 26, 1980 4. Staff Report, dated Fbvnber 12, 1980 -TION 1. Resolution No. 1724 with Exhibit !'A1' , (Ordinance No Both the planning staff and Planning cmrsnission recomnend that this application be APPROVED and that the City Council adopt Ordinance No. 9573 , amending the Zone We to require relocation assistance for displaced tenants in a condaminium conversion project and extending the time period for tenants to have 'an exclusive right to purchase and Ordinance bB. '$574/ repealing the mratorim on processing of condominium conversion project. AGENDA BILL NO. 6467 ... Co unci 1 Action: 1/6/81 Council introduced Ordinance No. 9573 and 9574. 1-20-81 Council adopted Ordinance No. 9573 and 9574. Page 2 1 2 z 4 r: % E 1 E s 1c 11 2.2 22 14 15 16 17 18 1.9 20 2 3. 22 23 24 25 26 27 28 PLANNING COT4MISSION RESGLUTIOM NO. 1724 - - A RESOLUTION OF THE PLANNING COYAISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECCIMLPIENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CI-IAPTEX 21.47, OF THE CARLSBAD MUNICIPAL CODE (CONDOMINIUMS AND CONDOMINIUM CONVERSIONS) BY MODIFYING SECTION 21.47.160 (2) TO EXTEND THE TIitlE PERIOD FOR TENANTS IN A PROPOSED CONDO14INIUM CONVEZSION PROJECT TO HAVE AN EXCLUSIVX RIGHT TO PURCHASE AND BY ADDING A NEW SECTION 21.47.170 TO REQUIRE FINANCIAL RELCCATIOli ASSISTANCE FOR DISPLACED TENANTS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-12 7 WHEREAS, the Planning Cornmission did, on the 26th day Of November, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consieeging w all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Zode Amendment. ,. NOW, THEREFORE, BE IT HEREBY RESOLTED by the Planning Commission as follows: AI That the above recitations are true and correct. R) That based on the evidence presented at the public hearing, the Conmission recommends APPROVAL of ZCA-127, according to Exhibit "A", dated. November 12, 1980, attached hereto and made a part hereof, based on the following findings: Findings: _. I) Requiring financial relocation assistance will reduce the impact on the tenants of an existing apartment building because of the conversion of the building to a condominium project. 2) Requiring that the period given to tenants of an apartment 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 with recent state law. //I/ 1 2 3 4 .5 6 7 a 9 3.0 13, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _.- 3) This project will not cause any significant environmental impacts, and i? declaration of negative environmental impact has been issued by the Planning Director on October 29, 1980, and approved by the Planning Commission, on November 26, 1980. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held ox; the 26th day of November, 1980, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: ATTEST: - ~ES C. HAGAMAN, Secre'cary CARLSRAD PTANNING COMMISSION I_ MARY MARCUS, Chairinan CARLSBAD PLANNING CO*WISSI@h PC RES0 #1724 -2- 3 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -_ PLANNING COMMISSION RESOLUTION NO.. 1725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT THE MORATORIUN ON THE PROCESSING OF PXOJECTS FOR THE CONIIERSION OF EXISTING - STRUCTURES TO CONDOMINIUMS BE REFEALED . WHEREAS, the Planning Commission did, on the 26th day of November, 1980, hold a duly noticed publ4c hearing as prescribed by law to consider said matter; and WHEREAS, at said public hearing, upon hearing and considering all testimony and argments, if any, of all persons desiring to be heard, said Commission considered all factors relntjng to the matter. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommen2s to the City Council thzt. the moratoriun on the processing of projects for the conversion of existinq structures to cond.ominiums be repealed and that - the Councii aclopt Ordinance Number , attached hereto as Exhibit "A" based on the following findings: Findings: \ A study has been made by staff and has been considered by the City Council regarding the issue of development reg- ulations for condominium conversion projects and the effect said conversions have on the tenants of the project. Based upon this study, the City Council decided to retain the city's existing development standards for condominiurn conversions but to require financial relocation assistance to be provided in order to reduce the impact of conversions on existing tenants. This matter will not cause any significant environmental impacts, and a declaration of negative environmental impact has been issued by the Planning Director on October 29, 1.980, and approved by the Planning Commission of November 26, 1980. Ir I. 2 3 4 5 6 7 8 9 ZC 11 12 1: 14 15 16 3.7 18 19 20 21 22 23 24 25 . 26 27 28 PASSED, APPROVED AXD ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of November, 1980, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN : - MFIRY MARCUS, Chairman CARLSBAD PLANNING comrssroN ATTEST: ----- JAMES C. HAGAIJLAN, Secretary CARLSBAD PLANNING COLWISSION PC RES0 #1725 -2- 7 STAFF REPORT ' -- _I_- DATE : November 12, 1380 TO : P 1 anniirg Commi s s ion FROM: Planning Departnent SUBJECT: ZCA-127, CITY OF CARLSBAD - An amendment to the zoning code to require fixancia1 relocation assistance to tenants when a condominium conversion is approved and to recommend lifting of the moratorium on the processing of condominium conversion pkojects. \ BACKGROUND AND ANALYSIS -- On March 4, 1980, the City Couiicil passed an interim ordinance (Ordinance No. 9547) which placed a moratorium on the conversion of apartment units to condominums until the issue of development regulations and effect on tenants could be studied. Staff subsequently prepared a report addressing these issues (copy attached) which was reviewed by the City Council at a special meeting held on September 9, 1980. Council action after considering the report was to retain the city's existing development standards which require conversion projects to meet the same development standards as a new condominium development but to direct the Planning Commission to amend the Condominium Coiiversion Ordinance to require financial assistance to displaced tenants. Specifically, the City Council's clirect.ion was to add a new section to the ordinance to include a requirement for tenants to receive an amount not to exceed one month's rent. Staff is therefore recommending that a new Section 21.47.170 be added to Chapter 21.47 of the Zone Code (Condominiurn arid Condominium Conversions) to read as follows: "Tenant Relocation Expenses. The subdivider shall provide relocation and moving costs not to escecd an amount equal to one month's rent to any tenant who relocates from the building to be converted after receipt of notification from the subdivider cf his intent to convert, except when the tenant has given notice to his intent to move prior to receipt of notification from the subdivider of his intent to convert." Once this amendment is made to the code, staff would recommend that the city lift the moratorium on considering applications for condominium conversion projects. During the time that this issue was being studied, a new’ state law was enacted (Chapter 491, SR 1646) which extends *? the period for which a tenant in a condoniinium conversion project has the exclusive right to buy his unit from a 60 day period-to 90 days. Therefore, staff would also recorrmend __ . that Section 21-. 47. I60 (2) of the Condominium Conversion Ordinance be amended to reflect this change in state law. Environmental Review The Planning Director has determined that this project will not have a signir’icaiit impact on the environment and therefore has issued a Negative Declaration on October 29, 1980. Recomienda t ion It is reconmended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1724, APPROVING ZCA-127 and Resolutj-on No. 1725, recommending5 the City Council that the moratcri.um on the processing of applications for conversion of existing structures to condominiums be repealed, based on the findings contained therein. . ATTACHMENTS _1__1_- Staff Report to City Ccuncil on Condo Conversions dated 9/9/80 PC ReSQlUtiOn No, 1724 w/ Exhibit “A” dated Nov. 12, 1980 FC Resolution No. 1725 Envixonnental Documents MI-I : a r 10/30/80 -2- N '. DATE : August 7, 1980 TO : James C. Ilacjal?;an Planning Director FRCN : c h a e 1 Eo 1 z in i 1 1 e r Principal Planner- IK'TR.ODUCTI ON An a.na1ysi.s of the above-referenced subject indicates that therc are usually three major issues whjch are diScussed when developing an ordinance to permit and regulate the conversion of rental units to condominiums. Althoilgii certain aspects of these issues are'intqrelated, it is probably best to discuss them individually since the dif- ficulty encountered in making a detervination on each of the j.ssEes differs substantially. Also, there is not general a.c;rcencnt that a condominium conversion ordinance sholild necessarily include provisions to address and resolve ea.& and every r,ne of the issues. The three i.ssuss are as follows: ----I PHYSICAL DEVELOPMENT STANDARDS Most existing condominium conversion ordinances require the units to rricct physical. standards of development over and above what wou1.d be required for rental units. This is justifi.ed on the grounds t.hat the quality and construction of the units should he consistent with other forms of devclopincnt intended for separate ownership. The i-terns usii;~:i.ly acidresscd are addi.-t.i.ona 1 parking, recreational 1 facilities arid separate utilities. As .you 1~11017, Carlsbad presently requires. ccnduminium ccn- versions to meet the same devclopment standards as a new condoinj.n:ium project. This may be considered stringent but it does result in high quality conversion projects. Also, j-f j.t is the intent of the City to attempt to limit .the nuniLcr of units converted and retain a rca.sonable nun-ibor of rent;;]. units, - this in effect will tend to accomplish that. If on the other hand, the City wishes to encourage mort COIIVCUS~O~IS, it may be ncccssary to amend the exi.stj.ncj oi-dinnncc to makc j t. less stri.nvcnt or to provide a mcchaiii.sm for tzaivi nq some of the stmilairds whcn it can be Counrl to he j u s ti f i c:.d .) _L . /3 .. \ It is gc>i:erally acjreed tliat sonie form of physi.ca1 development st.andards should he imposed on all proposals to convert . apartmcnt units to co~ciominiurns in order to protect thc new . buyers and to provi.de them with adcli tional amenities usually as s c c i a t cd w li th i nd i v i d ua 1 home own e 3: s h i p . D I SI? LAC EMENT * OF EX I: S T I NG TENANTS i- .--.-. -- It is also generally agreed that sorncthiilg should be done ' to reduce the impact on the resi2ents of the apartmcnt units who will lsc required to reiocate hEcause of the conversion of the units t~ coi?dominiurns. In fact, state law already rcqu.i.rc.5 that tenants he given advaiicc notif ica-tion of iiitent to convert and the right of first refusal.. Thcke ar,e a wide raiiqe of other additional- provisions which 'can be ixcorporated into a condominium conversion ordinance for assisti-ng the tenants who will be displaced. The most cominon one and the one that is easiest tb implenient is t-0 require the developer to financially a.s.r;ist each tenant with a spesifi.ed amount of money to help cover moving and relocation expenses (usually one to two 'times the monthly rent.- paid by the tenant). . Other forms of assistance which rn:ight be considered include : $ Prohihitino rents from being increased during the period of time frcn approval. of the condominium conversion unti.-L the unit is actually vacated or sold. Requiring the developer to provide tena2t.s with up-+.o- date information on the availability and location of comparable apartment units. b Requiring an additional period of time to be provided to the tenants for the purposes of relocating (especialiy for elderly, handicapped or parents with minor children in school). Requiri.ng the devel.6per .to submit a progran? for reeiuci.ng the impact on displaced tenants which could include any of the above or combination of the above or other forms of assistance specially suited to the project bei.ncJ' proposed for conversion. This program would then he reviewed and approved by the City as part of szpproval ' of the conversion requcst. .--c-p-----i PlAINTAINING AN ADE@t:ATE SUPPLY --IC OF RENTAL IIOlJSING - This is probably the most difficult of the three issucs to deal with. This difficu1.t~ is the result of the complex ._ and controversial nature of cstablishing just what constii;utes an adequate supp1.y of r-ental. housing (i.e. nunibcr of units or pcrccnt of total. liousinq inventory) 2nd from obtninincj the necessary i nfoi:mn tion to dc.tcrminc if the supp1.y exists (i . e. availability of unit-s) . Should thc City desire to i.ncI.ude .. -2- p r c) v j . s j: on, z; 5- n i t s c on dorn i n i um c: onve 1: s 5.011 or d i n an c e to specifically regulate the number of units converted in order to ma.:lntc?,5.:1 a supp-ly 0.C rental units, the fol.lowing are different Zpproaches which could be considered: Est'nblish a spec.i.fied. maximum 1:iimher of converted <.- - units which would be permitted each year. Establish a certain percentage of the housing supp3.y which must be rental. units and not approving any more conversions if it. falls below that percentage. Establ.ish a permitted rental vacamcp rate and not approve any more conversions once' it falls below the percentage. Requliring that a certain percentage of the units in the conversion project be retainc?d or reserved for rental pu1:poses I Requiring the number of units converted each year not to exceec?. a percentage of the number of new apartments constructed buring that year. all these zpproaches, it will be necessary for the city to qencrate ai:d adopt certain numbers or percentages which ,- in the final analysis, will require some r2latively arhitrary .determinations by the city. The reason fox this is that there is no general agreexent or accepted standards fcr 'dcterminincrj what constitutes an adequate number of rents I- \.inits in a city or what percentage of the 'total housing inventory should be rental units. Once this determination is made, the information which is. needed in order to monitor the adopted figures or percentages (availability of rental units, vacancy rates, ..actual number of coiiverted anits sold , .etc). is not readily available and may be difficult t.o obtain. Even if the applicant for a conversion project is required to submit this information, it will be necessary for the city to corroborate the inforination in some manner. I ,As was stated in the discussion on the issue of physical d eve 1 o pm en t s tan da r d s , s t r in g en t d eve 1 opixen t s t a17 d a r d s w i 1.1 tend to limit the number of units proposed for conversion and therefore help to. maintain a rcasonablc supply of rental housing. This can be accomplished witliout the need to establish specific figures or percentages and without the need to continually monitor items like vacancy rates or number of units. The important thing to keep in mind is that at the same time, good dcvelopnicnt standards result in good quality conversion projects. -3- -- . '? It is yeiicrally agreed that a condominium conversion ordin- ance should contain physical development standards which xust be ~et before the anits can be converted. Carlsbad prcseiit1.y requires conversign pro jccts to meet the same deveiopiwnt standards as a new condominium development. Although this inay he considered stringent, it docs tcnd to help maintain a supply of rental housing in the city and results in good quality conversion projects. It is also generally agreed that something should be dene to reijucc, the impact on ter,ants who will bc displaced because of the conversion of: rental units. The most corrmoii form of assistance and the easiest to implement is to require the developer to pay some moving and relocation expenses to the terxmts (om to two times the monthly rent). -- ' The mbst difficult and controversial issue to ad6ress and implement in a condominium conversion ordinance is atternpting -to maintain a specified amount of rental housing units in the city. Addressing this issue may require somewhat arbi- trary dctermination.s and continual monitoring of the housing inventory. Rather than getting involved in this, 5.t might be better to consider relying on existing high quality development standards to help 1iinj.t the number of units proposed and approved for- conversion. It j-s therefore jcecoiimended that the city (1)' retain its existing development standards for condominium conversion projects and (2) amend the condominium conversion ordinance 'io require finzlncial relocation assistance to be paid to the tenants in the amount of one and one-half times their moil-th1.y rent per attachment A. If the City Council wishes to control. condominium conversions by gilotas or vacancy rate factors, attachment B contains various options for your consicieration. MI1 : 3CR : j d 8/26/80 ". 8 Add Section 21.47 170 to Chapter 21.47 Ccndominium and Condominium Conversions. ’. “MovLng Expenses - The subdivider shzl.1 provide rnov3-n~~ expenses of one and one-half (1%) times. the montli1y ‘ re,n’s. to any tenant who relocates from the building to he converted after receipt of notification from the subdivider of his intent to convert, except when the , tenant has given notice of his intent to move‘ prior to -receipt of notification froin the subdivider of his intent to convert. “ , t x 8 1, 2. 3. 4: 5. The County hac established. RS a policy that when the raLi.0 of mcltiple fanii3.y rental units in the County fzlls below 258, conversion applications will. be denj. cd . (~arin county)' Makimum Ember of Ccn\Tej:sicns. In tl;e event a .rental housi:ig shortage exisi;s, the maxj.murii numbcr of corlv.er- , siorr:~ to be approved during the scbsequent tweive (12) " month period shali. not exceed the lesser of: C-C-L----I_-.--I_.--- _-__..__ a) One hundred (100) units; or ' b) The number of new dweI.l.inq ,units in two faniily arid muItipJ.e family rental projects issued bail2ing perinits during the twelve (12) I?iontlls prior tc the determi;.~cition minus the nunber of dwelling units in two faxily and multi.ple fa-ni1.y rental units to he destroyed pursuant to permits issued in that same tw2l.v~ (12) month period. (Santa Barbara) On or bcforc August 1 of each -current fiscal year, - the Directcr of Plz.!ining shall cprtify the vmrly aversqz nwnber of npnrtxent units constructed in the previous two fiscal years, conlmencing 2u1.y 1 and ending June 30 of each yeaj:. Fifty percent (50%) of the certified average will then be the allowed number of apartment nnits for conversion into units of a community housinc; projeci: in said current fiscal year. (La f4esa) The Plannhg Commission may deny a conversion if the city vacancy rate for multi-family units is below 3% The vzcancy rate shall be determined at least twice a year by the planning stazf. (Cla'remont) No proposed residential convzrsions, as previously defined I shall. be approved when the last vacancy rake I as cst:abli.shcd by the annual Federal Department of Housiizg sild Llrhan Dcvclopii~ent apartment survey or similar survey approved by the Director of Development Serviccs lor apartments being offered for lease or rent, is equal to or less than three percent (3%). (PuJ. lcrton ) DATE : TO : FROM : SUBJECT: This item . .. . November 26, 1.98 0 Planning Coiiuni s a ion Planning Department I ZCA-127, CITY OF CARLSBAD -- - An amendment to the zoning code go require financial rclocation assis- tance to tenants when a condomini.v-m conversion i.s approved and to recommend lifting of the moratorium on the processing of condomiilium conversion projects. was considered and approved at the last meeting of the Plknning Conunissj-on held oil November 12, 1980. Due to an error in legal noticing, the. item had to be rescheduled for imother pub1.i~ hearing and is therefore being returned to the Planning Commission at this time. Although the Pl-annj-ng Conmi ssion z.p;?roved the Zone Code Amendment as previously reccmmended by staff on November 12, 1980, the Commission expressed four concerns regarding the wording of the amendment* These concerns were as follows: 1) Whether the requirement for relocation assistance just 2) When the reloca.tion assistance was to be paid. 3) Whether z..ssistance would just be requixed for tenants 4) Whether assistance should be in the form of a cash pay- applied to residential projects. ir good standing. ment or a credit toward rent due. The City Attorney's office has redrafted the wording of the Zone Code Ameridment and the new wording is contained in the attached memorandum to the Planning Department dated Novem- ber 14, 1980. The new wording takes czre of the first two concerns expressed by the Planning Comnission. Regarding the last two concerns, staff believes that these two items should be left up to the subdivider and the tenant and that the City should not get involved. In fact, the new wording proposed by the City Attorney's office would actually permi.t the subdivider and tenant to agree in writing on other arrangements for assistance to the tenant. Staff has revised the resolutions presented at the Planning Commission meet-ing of November 12, 1980 to reflect the recommendations made in the memorandum from the City Attorney's office dated November 14, 1980. It is recomrcier,ded that the Planning Commission APPROVE ----- the Negative Declaration i.ssued by the Planning Director and adopt Resolution No. 1.724, APPRQVXNG :EA-127 and ResQlution torSum on the processiiq of applications for conversion of existing structures to condominiums be repealed, based on the fi.ndbngs contained tnerein, I__ --- No. -- 1725, recomnending to the City Cogncil that the mora- _- - ATXAC HMEN T S : --.---_--- Memorandum from City Attorney dated November 14, 1980 PC Resolution No. 1724 with Exhibit A dated November 12, 1980 PC Kesolutio:~ No. 1725 with Exhibit A d.ated November 14, 1980 Previc!is Staff Report dated November 12, 1980 with environ- mental documents ... k TO : Planning Department FP.OM : C i. ty Att.orn e y DATE : NGvember 14, .19EO SUI3JECT: ZCA-127 We recopmend the following wording for i;'he new section 12.47.170: "Tenant Relocation Expexses. The subdivider shall provide relocatim assistance not to exceed an amount equal to one month's rent to any residential tenant who relocates from the building to be converted after receipt from the subdivider of the notification required by section 21.47.160(1), except when the tenant has given notice of his intent to vacate prior to receipt of tht.. notif icati.on from the subdivider. Rc2lGCatiOn. assistance shall be provided no later than 15 days following the subdivider's receipt of notification from the tefiant of the tenant's intent to vacate anless other arrangenents are made in writing between the tenant and the subdivider." We would also ask that you amend ResGLution Number 1725 to add word "based" in line 16-1/2 of that resolution: .1. lie 1 foilowing language after the word "repealed" and before the r ,- "and that the Council adopt Ordinance Number attached hereto as Exhibit A" We ask that YOU attach the Ordinance forwarded with this memorandum to Resolutio; Number 1725 as Exhibit A. D SH/ j w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 . 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9573 AN ORDINANCE OF THE CITY COUNCIL OF THE CIT'Y OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.47 OF THE CARLSBAD MUNICIPAL CODE (CONDOMINIUM AND CONDOMINIUM CONVERSIONS) BY MODIFYING SECTION 21.47.160(2 TO EXTEND THE TIME PERIOD FOR TENANTS IN A PROPOSED CONDOMINIUX CONVERSION PROJECT TO HAVE AN EXCLUSIVE RJGHT TO PURCHASE AND BY ADDING A NEW SECTION 21.47.170 TO REQUIRE FINANCIAL RELOCATION ASSISTANCE FOR DISPLACED TENANTS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.47 of the Carlsbad Municipal Code is amended by modifying Section 21.47.160(2) to read as follows: "(2) Each of the tenants of the proposed condominium or community apartment or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorably to the tenant. The right shall run for a period 02 not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right." SECTION 2: .That Title 21, Chapter 21.47 of the Carlsbad Municipal Code is amended by adding a new Section 21.47.170 to read as follows: "Tenant Relocation Expenses. The subdivider shall provide relocation assistance equal to one month's rent to any residential tenant who relocates from the building to be converted after receipt from the subdivider of the notification required by section 21.47.160(1), except when the tenant has given notice of his intent to vacate prior to receipt of the notification from the subdivider. Relocation assistance shall be provided no later than 15 days following the subdivider's receipt of notifi- cation from the tenant of the tenant's intent to vacate unless othe arrangements are made in writing between the tenant and the sub divider. 'I I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoptior INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac , 1981, and City Council held on the 6th day of January thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of January , 1981, by the following vote, to wit: AYES : Council Members Packard, Casler, Lewis and Kulchin NOES : Council Member Anear ABSENT: None ATTEST : (SEAL) -2- * 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1E 17 1E 15 2( 21 2: 21 21 2f 2c 2: 21 .. ORDINANCE NO. 9574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, -PEALING ORDINANCE NO. 9547 AND ORDINANCE NO. 9548 WHEREAS, the Planning Commission of the City of Carlsbad, after a public hearing adopted Resolution No. 1725 recommending to the City Council that the moratorium on processing of projects for conversion of existing structures to condominiums be repealed; \ and WHEREAS, after a public hearing, the City Council of the City of Carlsbad has adopted Ordinance No. 9571 , which, among other things, adds Section 21.47.170 to the Carlsbad Municipal Code to provide for relocation assistance to residential tenants forced to move because of a conversion of an apartment to a condominium; and 3. WHEREAS, the City Council of the City of Carlsbad, California, has adopted extensive amendments and revisions to the housing element of the General Plan for the City of Carlsbad; and WHEREAS I on January 6, 1981 , after a duly noticed public hearing, the City Council determined that the public interest no longer requires the prohibition of condominium conversion. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad as fqllows:. SECTION 1: That Ordinance'No. 9547 and Ordinance No. 9548 are hereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least /// c 3. 2 3 4 5 6 7 a 9 10 ii 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 20 once in the Carlsbad Journal within fifteen days after its adoption. \ INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of January I 1981 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of January I 1981 by the following vote, to wit: AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None -4 -.- RONALD C. PACKARD, Mayor ATTEST : .. aQL& I4 Q-L+ ALETHA L. RAUTENK$GANZ, City Clers 2.