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RESOLUTION NO. 2550
A RESOLUTION OF THE PLANNING COMMISSIOY OF THE CITY
OF TUSTIN RECOMMENCING TO THE TUSTIN CITY COUNCIL
ADOPTION OF SUBDIVISION ORDINANCE AMENDMENT 88-01,
PERMITTING THE ISSUANCE OF A CERTIFICATE OF
COMPLIANCE TO CONVERT A STOCK COOPERATIVE TO A
CONDOMINIUM.
The Planning Commission of the City of Tustin does hereby resolve as
follows'
I. The Planning Commission finds and determines as follows'
A. A proper application was filed on behalf of the Sycamore Gardens
Homeowner's Association requesting approval of Subdivision
Ordinance Amendment 88-01 to permit the City to issue a
Certificate of Compliance to convert a Stock Cooperative to a
Condomi ni urn.
B. A public hearing before the Planning Commiss'ion to consider
proposed Subdivision Ordinance Amendment 88-0! was duly called,
noticed and held on Monday, January 9, 1989.
C. A Negative Declaration has been prepared in conformance with the
California Environmental Quality Act; no significant, adverse
impacts are associated with this Subdivision Ordinance
Amendment.
D. The subject amendment is in the best interest of the public
heal th, safety and welfare in that it will simplify the
conversion of a Stock Cooperative to a condominium, which is a
change in the form of ownership only.
E. The subject amendment is consistent with the General Plan and
it will not negatively impact the orderly growth and development
of the City, as there is only one stock cooperative in the City.
II.
The Planning Commission recommends to the City Council approval of
Subdivision Ordinance Amendment 88-01 as follows'
Ae
Section 9314, EXCEPTIONS (66412) of the City's Subdivision
Ordinance shall be amended to read as follows'
(a) In addition to the exclusions from application of the Map
Act specified therein, the requirement of this Chapter
shall be inapplicable to subdivisions of four (4) parcels
or less for construction of removable commercial buildings
having a floor area of less than one hundred {100) square
feet (66412.5). (Ord. No. 847, 6-1-81)
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Resolution t4o. 2550
Page two
(b) Unless a parcel or final map has been approved by the City
Council, the conversion of a stock cooperative, as defined
in Section 11003.2 of the Business and Professions Code, to
a condominium, as defined in Section 783 of the Civil Code,
may be permitted through the issuance of a Certificate of
Compliance (with or without conditions), but only if all
of the following requirements are met:
(1) At least 51 percent of the units in the cooperative
were occupied by stockholders of the cooperative on
January 1, 1981, or individually owned by stockholders
of the cooperative on January 1, 1981. As used in
this paragraph, a cooperative unit is "individually
owned" if and only if the stockholder of that unit
owns or partially owns an interest in no more than one
unit in the cooperative.
(2) No more than 25 percent of the shares of the
cooperative were owned by any one person, as defined
in Section 17, including an incorporator or director
of the cooperative, on January 1, 1981.
(3) A person renting a unit in a cooperative shall be
entitled at the time of conversion to all tenant
rights in state or local law, including, but not
limited to, rights respecting first refusal, notice,
and displacemnt and relocation rights.
(4) The Director of Community Development shall certify
that the above requirements have been met. Upon such
certification, the Director shall issue the
Certificate of Compliance {with or without
condi ti ons ).
PASSED AND ADO~j-_ .E.D at a regu, l~r meeting of the Tustin Planning Commission,
held on the 9th day of January, 1989.
A~-'L. B~er-- '
·
Chairman
Penni Foley
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~T~-E~ was duly passed an~d adopted at.~..regular, meeting of
the Tustin Planning-Commission, held on the ~/r~- day of 'L----t.m_~_~_~.~,_ ,
"~NNI FOLEY --
Recording Secretary