(A) Any landlord who desires to remove a controlled rental unit from the rental housing market by demolition, conversion or other means is required to obtain a permit from the city prior to such removal from the rental housing market in accordance with rules and regulations promulgated by the city. In order to approve such a permit, the city is required to find that the landlord cannot make a fair return by retaining the controlled rental unit.
(B) Notwithstanding the foregoing provisions of this division, the city may approve such a permit:
(1) If the city finds that the controlled rental unit is uninhabitable and is incapable of being made habitable in an economically feasible manner; or
(2) If the permit is being sought so that the property may be developed with multifamily dwelling units and the permit applicant agrees as a condition of approval, that the units will not be exempt from the provisions of this chapter and that at least 15% of the controlled rental units to be built on the site will be at rents affordable by persons of low income.
(C) The Housing Element of the General Plan of the City of Baldwin Park shall at all times contain a provision that neither the City Council nor any city agency shall approve an application for tentative subdivision map or tentative parcel map for a converted unit until and unless the applicant first obtains a removal permit as required by this section. This division shall not apply to any tentative subdivision map or tentative parcel map approved in accordance with this chapter relating to tenant ownership rights.
(D) The city shall render its final decision within 120 days of the filing of a completed application under this section.
(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23)