HomeMy WebLinkAboutCALIFORNIAN APARTMENTS 5-3-82DATE:
TO:
FROM:
SUBJECT:
April 28, 1982
Inter-Corn
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CALIFORNIAN APARTMENTS, CONDOMINIUM CONVERSION,
RELOCATION AND PURCHASE PLAN
Staff met with representatives of Cal State Associates regarding
their Relocation and Purchase Plan. In this conference various
portions of the proposed Relocation and Purchase Plan were pointed
out to Cal State representatives as not being in conformity with
the requirements of Tustin City Code Section 9274. The developers
agreed to revise the plan in those particulars and have now submitted
a revised plan, corrected in the particulars with which we had concerns.
It is our opinion that their revised Relocation and Purchase Plan
conforms to the requirements of Tustin City Code with one possible
exception.
Tustin City Code Section 9274e(4) provides as follows:
Tenant Relocation - Purchase Provisions:
The applicants shall give written notice to all tenants
ten (10) days prior to the date of all public hearings
relating to the condominium conversion application. All
persons who are tenants at the time of City approval of a
conversion shall be given a notice of intent to convert
of one hundred and twenty (120) days prior to the date of
conversion and the right to purchase exercisable within
sixty (60) days in accordance with State law. The
applicant shall submit a tenant relocation/purchase plan
containing at least the following:
Assistance to each person who is a tenant at the time of City
approval of the conversion and who remains a tenant for one
hundred and twenty (120) days thereafter or until the sooner
issuance of building permits, and to each person who becomes
a tenant after City approval and who is not given written
notice of the intended conversion by the developer before
becoming a tenant, as follows: To each such person
desiring to relocate, a cash amount equal to twice the
last months rent paid or a minimum amount of six hundred
dollars ($600), whichever is greater. Rent reduction or
waiver may be included for consideration. In no case
shall rents be raised following approval of any tentative
map or use permit.
(a)
The Cal State Relocation and Purchase Plan provides its benefits
on a per unit basis, and not on a per tenant basis.
While the literal language of this section would appear to require
that a payment of the specified amounts must be made to each tenant,
logic, reason and analysis of the facts regarding condominium
conversions clearly indicates that the required benefits were intended
to be on a per unit basis. The Relocation and Purchase Plan submitted
by Cal State clearly limits the benefits to a per unit basis.
While staff does not disagree with the reasonableness of those
provisions in the proposed Relocation and Purchase Plan, we feel
it is necessary for the Council to determine its intentions concerning
whether the benefits are to be on a per unit basis or a per tenant basis.
In other words, is it the Council's intention that (a) the benefits
are to be on a per tenant basis or (b) on a per unit basis with
the benefits divided among all the persons who are tenants of the
unit? It is Staff's belief that the Council's intention was the
latter, but that is a determination to be made by the City Council.
Other than for the issue of whether the benefits are on a per tenant
or per unit basis, Staff finds the proposed Purchase and Relocation
Plan as revised and resubmitted to be a satisfactory plan and in
conformity with the requirements of Tustin City Code and recommends
approval.
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