HomeMy WebLinkAboutOrd 11986/11/80
9/29/80
10/6/80
2/18/81
ORDINANCE N0, 1198
ORDINANCE ESTABLISHING RENTAL HOUSING REPLACE-
MENT STANDARDS AND TENANT PROTECTION MEASURES
ON CONDOMINIUM CONVERSIONS
The CITY COUNCIL of the City of Burlingame does ORDAIN
as follows:
Section 1. Section 26.30.075, establishing a rental
housing replacement requirement for condominium conversions, is
hereby added to the Burlingame Municipal Code, to read as follows:
"26.30.075 Rental Housing Replacement
It being the policy of the City of Burlingame that
rental housing not be diminished by the conversion of
existing apartments to condominiums without corresponding
apartment replacement, the following requirements shall
apply to all conversions of residential units:
1. Commencing the effective date of this ordinance, the
Planning Department shall maintain a record of all
apartments receiving building permits, and of all living
units of any kind in the R-2, R-31 R-41 C-1 and C-2
Districts which have been converted into condominium
units or have been removed from dwelling use through
demolition, replacement into commercial use, or similar
change.
2. No application for conversion of apartments to con-
dominium units shall be accepted by the City unless
the Planning Department has determined that there
exists an excess of new apartment units over the number
of converted or removed dwelling units, based on the
records maintained pursuant to paragraph 1 hereof.
3. During the period in which permit applications are
not being accepted, any person may request the
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Planning Department to notify him upon the determina-
tion being made that such an excess exists and appli-
cations for conversion permits will be accepted.
No application shall be approved by the Planning
Commission unless at the time of the public hearing
scheduled by the Planning Commission the new apart -
went surplus determined pursuant to paragraphs l and
2 hereof exceeds the number of apartment units to be
converted into condominium units.
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Any application set for hearing and not approved due
to lack of sufficient new apartments under this sec-
tion shall be tabled and shall have priority at such
time as an excess occurs. Should two conversion
applications be upon the same Planning Commission
agenda, that filed first shall receive priority."
Section 2. Section 26.30.080, establishing tenant
protection measures on condominium conversions, is hereby added
to the Burlingame :Municipal Code, to read as follows:
"26.30.080 Tenant Provisions
The following shall apply to all conversions of
residential units to condominiums:
1. Notice of Intent. A Notice of Intent to Convert
shall be delivered to each tenant. Evidence of receipt
by each tenant shall be submitted with the Tentative Map.
The form of notice shall be on a form prepared by the
Planning Department and shall inform tenants of all rights
provided under this section.
2. Tenant's Right to Purchase. As provided in
Government Code Section 66427(b), any present tenant or
tenants of any unit shall be given a non -transferable
right to first refusal to purchase the unit which they
occupy at a price no greater than the price offered to
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the general public. The right of first refusal shall
extend to at least sixty (60) days from the date of
issuance of the Subdivision Public Report or from the
commencement of sales, whichever date is later.
3. Vacation of Units. Each non -purchasing tenant
not in default under the obligations of the rental
agreement or lease under which he occupies his unit,
shall have not less than one (1) year from the approval
date of the conversion permit or Final Subdivision Map,
whichever is later, to find substitute housing and
relocate. The subdivider shall notify each tenant im-
mediately prior to the time of Final Map approval of the
anticipated date required to vacate the unit and when the
one-year period will begin. Evidence of receipt by each
tenant shall be submitted prior to approval of the Final
Map. Any non -purchasing tenant aged sixty-five (65) years
or older shall be given at least an additional four (4)
years in which to find suitable replacement housing.
4. Increase in Rents. A tenant's rent shall not be
increased for one (1) year from the time of filing of the
application for the conversion permit, and thereafter no
more than once each year until the unit is sold or until
the subdivision is denied or withdrawn. Any increase shall
not exceed one-half (1/2) of the Residential Rent Item of
the most recent_ Consumer Price Index, San Francisco -
Oakland SMSA.
5. Termination by Tenant. The
subdivider shall
permit a tenant to terminate any lease or rental agree-
ment without any penalty whatsoever after notice has been
given of the intention to convert if such tenant notifies
the developer in writing thirty (30) days in advance of
such termination.
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6, Alternative Accommodations, The subdivider
shall provide alternative accommodations, including
moving expenses, whenever the tenant is displaced or
his unit is rendered uninhabitable by remodeling or
other conversion procedures,
7, Moving Expenses. The subdivider shall provide
moving expenses not to exceed four (4) times the monthly
rent to any tenant household living in any unit prior to
Tentative Map approval as provided in this section. A
tenant commencing occupation of a unit after Tentative
Map approval shall not be entitled to moving expenses.
Eligible tenants will receive the actual moving expenses
at the time they relocate, except when the tenant has
given notice of his intent to move prior to receipt of
notification from the subdivider of his intention to
convert.
8. Notice to New Tenants. After submittal of the
Tentative Map, any prospective tenants shall be notified
in writing of the intent to convert prior to leasing or
renting any unit,"
Section 3. This ordinance shall be published as
required by law.
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Mayor
"AYES :
I, EVELYN H. HILL, City Clerk of
the City of
Burlingame,
do hereby
certify that the foregoing Ordinance
was introduced
at
a regular
meeting of the City Council held
on the 17th
day of
February,
1981, and was adopted thereafter
at a regular
meeting
of the City Council held on the day of
March, 1981,
by the
;following
vote:
"AYES :
COUNCILMEN
NOES:
COUNCILMEN:
ABSENT:
COUNCILMEN:
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City Clerk