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Home My WebLink AboutPC RES 1860: 1 2 3 9 10 11 12 lb ..14 15 16 17 18 19 2O 2! 22 23 24 25 26 27 28 29 3O 31 32 RESOLUTION NO.1860 A RESOLUTION OF THE PLANNING AGENCY, RECOM- MENDING TO THE CITY COUNCIL AN AMENDMENT TO THE CITY COUNCIL AN AMENDMENT TO THE CITY CODE ADDING SECTION 9274, APARTMENT CON- VERSION STANDARDS TO PART 7, GENERAL REGU- LATIONS, OF CHAPTER 2, ZONING. The Planning Agency of the City of Tustin does hereby resolve as follows: I. The Piannin9 Agency finds and determines the following: · · . A. That the Planning Agency has initiated amendments to the Zonin9 Ordinance (Ordinance No. 157· as mended) fo provide standards and criteria for review of conversions of apartments to condo- miniums, stock cooperatives, or community apartment pr. ojects under a use permit procedure. .. B. That a public hearing was duly called, noticed, and held on sa i d .amendmenf s. C. That the proposed amendments are necessary for the convenience of the public and the orderly development of private properties. II. The Planning Agency hereby recommends to the Cif'y Council adoption of the following amendment, adding Section 9274 to the Tusfin City · Code to read as follows: "9274. h~utfiple Dwelling Conversion Standards. a. Conversion subject to other code provisions. Conversion of multiple dwelling units to condominiums as defined in Section.1350 of the Civil Code, Community Apartment Projects as defined in Section 11004 of the Business and Professions Code or Stock Cooperatives as defined in Section 11003.2 of the Business and Professions Code; shall be required fo conform and be consistent with the regulations and provisions of the roi lowing: (1) Part 9, Administration of this Chapter concerning appli- cation for and action on a use permit. (2) .Chapter 3, Subdivisions of the Tustin City Code. (3) Section 9224, Planned Development District {P-D) of Part 2, Residential Districts, of this Chapter. (4) The Tusfin Area General Plan. : · b ~linimum Standards - Fi re (1) Access roadways shall be extended to within 250 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be Rro- vided as required and approved by the Orange County-Fire ~arshal. A turn-around radius of a minimum of 35' shall be pro- vided when access road extends over ~50' from street with any one point of egress. {2) An approved water supply capable of supplying required ~ire flow for fire protection shall be provided to all premises. When any portion of the building protected is in excess of 150 feet from a water supply on a public I street, there shall be provided, when required by the I i 4 10 12 13 14 15 16 17 3.9 20 21 22 23 24 25 26 27 28 29 30 31 32 ?¥¢. Re~olution No. 1860 page 2. Orange County Fire M0rs. hal,. on-site fire hydrants and ,. mains capable of supplying the required fire flow. Illuminated directional address signs to be installed at locations determined by the Orange County Fire Marshal. c. Minimum Standards - Public Works. Any missing or damaged street improvements, including, but not limited to the foliowin9 will be required: · curb and 9utter sidewalk drive aprons street lights and street trees All public improvements fo be constructed in conjunction with the development shal'l be revised on existing improve- menf plan by a civil engineer and ali public improvements shall be completed prior fo final inspection and release by the Buildin9 Department. d. Minimum Standards - Buildin9 That thecondeminium conversion shall comply with the require- merits and intent of the development regulations and'code re- quirements as adopted by the City of Tusfin, including, but not limited fo, the following: (1) Sound attenuation be provided in a manner specified b~ an acoustical engineer as approved.by the Building Of- ficial fo satisfy the intent of Chapter 35 o¢ the Uniform Buildin9 Code, 1976 edition, and of' Calfornia Administrafi.ve Code Title 25, Chapter 1, subchapfer 1, article 4, section 1092. Exterior freeway noise shall be attenuated fo 45 dBA inside the units. (2) Compliance with the Security Ordinance to provide dead- bolt locks, window locks, security lighting and those other items required by staff to meet the intent of the ordinance. (3) One-hOur rated fire walls shall be provided between units. Fire detection devices shall be provided for al I uni ts. Plans of the existing structures shall be reviewed for code conformance with the applicable Uniform Building Code under State law. The Buildin90~ficial shall re- quire improvements, corrections, replacement of detri- ' mental components as determined necessary. A report shall be submitted by the applicant on general structural conditions, addressin9 foundation, framin9, interior and exterior wall coverings, roof, plumbing, electrical wiring,' utility connections, built-in household appliances, heating and cookin9 systems and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. Said report shall address condition and expected remaining useful.life of each re- spective item. (5) A pest information report addressing the present condition of the structure as it may be affected by termites, dry 8 10 11 12 14 15 16 17 18 19 20 21 22 25 25 o6 C7 29 SO 51 ~2 Resolution No. 1860 page 3. rot, roaches, or other insects, and recommendin9 work required, if any, to render the structure free of in- festation. e. Mi.nimum Standards - Planning (1) Plans and reports shall be submitted on all .interior and exterior cosmetic improvements, new .interior amenities and appliances and rennovafion o¢ common areas fo current- landscapin9 requirements. (2) That covered patios, enfryways and rooftop recreatio6' patios shall not be considered as open space to.satisfy provisions of the Planned Development (PD) District. (5) Covenants, conditions, and restrictions shall be submitted ' for review and approval by the Corrmunity Development De- partment and City Attorney which shall contain at a mini- mum: la) The formation of a "Community Association" to pro- vide for the maintenance of the common area. (b) Disclosure of management agreements, maintenance provisions, access For emergency repairs, easements, etc. (c) Allocation of off-street parking spaces for resi- dents and guests. (d) Provisions for establishment of a maintenance and operating budget. (4) Tenant relocation/purchase provisions: The applicant will inform all tenants fen i10) days prior to the da;e of all relevant public hearings relating to the condo- minium' conversion application. Tenants shall be granted notice of intent fo convert (120 days) and right of first refusal on purchase (60 days) in accordance wlfh State law, from the date of approval of any tentative map or use permit. The applicant shall submit a tenant relocation/ purchase plan containing the following: ia) Assistance to a tenant desiring to relocate in a cash amount equal to twice the last months rent paid or a miniumum amount of $600, whichever is greater. Rent reduction or waiver may be included for con- sideration. In no case shall rents be raised follow- ing approval of any tentative map or use permit. lb) Percentage or dollar discount fo be offered tenants purchasing their unit. Availability of special fi-. nancing mechanisms or purchase plans. (c) Any provisions for special protection of longer term occupancy or greater cash assistance to households of the elderly (60 years of age or oiderl, the dis- abled as defined in United States Code, Title 42~ Section 423 or handicapped persons as defined in the California Health and Safety Code, Section 50072. Id) Provisions for refund of cleaning and security de- posits; additional cash payments for moving or inconvenience expenses (fime off work, tr-anspor[ation, etc.); availability of a relocation coordinator, Resoi ufi on No. 1850 page 4. /5-/ directory.of available units or other.relocation assistance; and any °fher provision to assist tenants in relocation or purhcase. (e) No tenant shall be unreasonably disturbed during re- modeling or sales activity and except in an emergency situation, shall be granted two (2) days notice prior to requiring access for repairt improvementst in- spection or showing to prospective Purchaser or mortgagee. No tenant shall refuse reasonable access for such purposes." PASSED AND ADOPTED afa regular meeting of the Plannin9 Agency of the City of Tustin' held on the 17th day of December, 1979. D~nald :JL .Sa~. ~arelli . Chairma~ Pro Tern ' h~. I. ~ehl Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, MADELINE I. MEHL, the undersigned, hereby certify that I am the Recording Secretary of the Planning Agency of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting of the Planning Agency,held on the_/_7~ day of ~0R~~~~ Made line I. Mehl PLDS~!NG AGENCY RECORDING SECRETARY