HomeMy WebLinkAboutORD FOR ADOPTION 02-21-89ORDINANCES FOR ADOPTION
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.A~: Febr. uary 21, 1989 ~ '"''' ----"' I
WILLIAM A. HUSTON, CITY MANAGER
MARY E. WYNN, CITY CLERK
ADOPTION OF ORDINANCE NO. 1020
RECOMMENDATION:
M. O. - That Ordinance No. 1020 have second reading by title only.
M. O. - That Ordinance No. 1020 be passed and adopted.
(Roll Call Vote)
AGENDA ITEM:
ORDINANCE NO. 1020 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING SUBDIVISION ORDINANCE AMENDMENT 88-01, AMENDING SECTION 9314,
EXCEPTIONS (66412) OF THE TUSTIN MUNICIPAL CODE, TO PERMIT THE ISSUANCE OF A
CERTIFICATE OF COMPLIANCE TO CONVERT'A STOCK COOPERATIVE TO A CONDOMINIUM
BACKGROUND:
Ordinance No. 1020 had first reading by title only and introduction at the
February 6, 1989, City Council meeting.
MARY E. WYNN, CITY CLERK
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ORDINANCE NO. 1020
AN ORDINANCE OF THE CIT$ COUNCIL OF THE CITY OF
TUSTIN APPROVING SUBDIVISION ORDINANCE AMENDMENT
88-01, AMENDING SECTION 9314, EXCEPTIONS (66412) OF
THE TUSTIN MUNICIPAL CODE, TO PERMIT THE ISSUANCE OF
A CERTIFICATE OF COMPLIANCE TO CONVERT A STOCK
COOPERATIVE TO A CONDOMINIUM.
WHEREAS, on February 20, 1989, the City Council of the City of Tustin,
California, does hereby ordain as follows:
Section 1. The City Council 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
Condominium.
Public hearings before the Planning Commission and City Council
to consider proposed Subdivision Ordinance Amendment 88-01 were
duly called, noticed and held on Monday, January 9 and February
6, 1989, respectively.
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
health, 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.
Section 2. 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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Ordinance No. 1020
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 para§raph, 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 ADOPTED at a regular meeting of the T. ustin City Council, held on
the day of , 1989.
Ursula E. Kennedy,
Mayor
Mary Wynn,
City Clerk