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HomeMy WebLinkAboutORD FOR INTRODUCTION 02-... (4)DATE; 3anuary 2~ 1980 No. 4 2-4-80 Inter-Com ORDINANCES FOR INTRODUCTION TO: FROH: SUBJECT: MIKE BROTEMARKLE, COMMUNITY DEVELOPMENT DIRECTOR 3AMES G. ROURKE, CITY ATTORNEY CONDOMINIUM CONVERSION ORDINANCE Pursuant to our conversations, please find enclosed draft of revised proposed ordinance. Please review and advise. 3GR:se:D:l/22/80 Enclosure cc: D.B. .%~ary Wy~n, w/or~.' encl. RECOmmENDATION: M. O. - that Ordinance No. 822 have first reading by title only. M. O. - that Ordinance No. 822 be introduced. OP, DINANCE NO. 822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE BY THE ADDITION OF SECTION 927t~, APARTMENT CON- VERSION STANDARDS, TO PART 7, GENERAL REGU- LATIONS OF CHAPTER 2, ZONING. The City Council of the City of Tustin does hereby ordain that the Tustin City Code be amended as follows: follows: 1. Section 9274 is hereby added to the Tustin City Code to read as "9274. Multiple 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 Apart- ment Projects as defined in Section 1100~ of the Business and Professions Code or Stock Cooperatives as defined in Section 11003,2 of the Business and Professions Code; shall be required to conform and be consistent with the regulations and pro- visions of the following: (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 922ti., Planned Development District (P-D) of Part 2, Residential Districts, of this Chapter. (#) The Tus'tin Area General Plan. b. Minimum Standards- Fire (1) Access roadways shall be extended to within 250 feet of all portions of the exterior wails of the first~s~u~yI of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the Orange County Fire Marshal. 1 2 ? 10 11 12 1§ 17 18 2O: ~9 gO (2) A turn-around radius of a minimum of thirty-five (35) feet shall be provided when access road extends over one hundred and fifty (150) feet ~[rom street with any one point of egress. An approved water supply capable of supplying required fire flow [or fire protection shall be provided to all premises. When any portion of the building protected is in excess of one hundred and fifty (150) feet from a water supply on a public street, there shall be provided, when required by the Orange County Fire Marshal, on- site fire hydrants and mains capable of supplying the required [ire flow. (3) llbJ,ninated directional address 'signs to be installed at locations determined by the Orange County Fire Mar- shal. Minimum Standards- Public Works Any missing or damaged street improvements, including, but not limited ro ti~e following will be required: cacb and gutter sidewalk drive aprons street lights and street trees All public improvements to be constructed in conjunction with the development shall be revised on existing improvement plan by a civil engineer and all public improvements shall be completed prior to final inspection and release by the Building Department. Minimum Standards- Building That the condominium conversion shall comply with the re- q~Jirements and intent of the development regulations and code requirements as adopted by the City of Tustin, including, but not limited to, the following: 2 ! 2 4 5 6 ? 8 9 10 11 12 15 14 15 E5 ~.9 ~0 ([) Sound attenuation be provided in a manner specified by an acoustical e~§ineer as approved by the Building Official to satisfy the intent of Chapter 3~ of the Uniform Building Code, 1976 edition, and of California Administrative Code Title 2~, Chapter J, Subchapter ], %rticIe 4, Section ~092. Exterior freeway noise shah be attenuated to 4~ dBA inside the units. (2) Compliance with the Security Ordinance to provide deadbolt 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 all units. (#) Ptans o;[ the e×istiug structures shall be reviewed ;[or code conformance with the ~pplicable Uniform Building Code under State taw. The .~uilding Official shah require improvements, corrections, replacement o~ detrimental components as determined necessary. A report shall be submitted by the applicaut on §enera] structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, e!ectrica! wiring, utility connections, built-in household applicances, heating and cooling systems and sewer eval- uation prepared by an independent state licensed struc- tural engineer, architect or general .contractor. Said report shall address condition and expected remaining useful life of each respective item. A pest information report addressing the present condi- tion of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required, i;[ any, to render the structure free of infestation. 1 2 § ? 10 11 12 1§ 17 18 2O ~2 2~ 2~ 28 2~ ~0 ~2 ee Minimum Standards- Planning (1) Plans and reports shall be submitted on all interior and exterior cosmetic improvements, new interior amenities and appliances and rennovation of common areas to current landscaping reqt,irements. (2) That covered patios, entry ways and roof top recreation patios shall not be considered open space to satisfy provisions of the Planned Development (PD) District. (3) Covenants, conditions, and restrictions shall be sub- mitted for review and approval by the Community De- velopment Department and City Attorney which shall contain at a minimum. fa) The formation of a "Community Association" to provide for the maintenance of the common area. (b) Disclosure of management agreements, mainten- ance provisions, access for emer§ency 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 shall give written notice to ali tenants ten (10) days prior to the date of all public hearings relating to the condo- minium conversation application. All persons who are tenants at the time of City approval of the 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 excersicable within sixty {60) days in accordance with State law. The applicant shall submit a tenant relocation/purchase plan containing at least the following: (a) Assistance to each person who is a tenant at the time o[ City approval of the conversion and who remains a tenant for one hundred and twenty (120) days therea[te,' c~r until the sooner is~Jance of building per,nits, 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 ($600.00), whichever is greater. Rent reduction or waiver may be included for consideration. In no case shal! rents be raised following approval of any tentative map or use permit. (b) A pet'centage or dollar discount to be offered tenants desiring to purchase their unit and special financing mechanisms or purchase plans. (c) Provisions for special protection of longer term o2cupa~¥:}es or greater cash assistance to house- holds of the elderly (60 years of age or older), the disabled as defined in United States Code, Title Section #23, or handicapped persons 'as defined in the Cali[oraia Health and Safety Code, Section 50072. (d) Provisions for refund of cleaning and security de- posits; additional cash payments for moving or inconvenience expenses (time off of work, trans- portation, etc.); availability of a relocation coor- dinatoG directory of .available units or other relo- cation assistance; and any other provision to assist tenants in relocation or purchase. 5 2 4 5 6 ? 8 9 10 ~.4 15 3.6 ~.? 3.8 2O 22 25 24 25 26 27 29 50 (e) Agreement that no tenant shall be unreasonably disturbed during building, reroodeling or sales activity, and except in an emergency situation, shall be granted two (2) days notice prior to req~,iring access for repair, improvements, in- spection or showh~g to prospective purchaser 'or mortgagee. Provided further that no tenant shall refuse reasonab!e access for s~Jch p~,rposes." PASSED AND ADOPTED at a regular meeting of the City Council of the City o~ Tustin, California, held on the ____ day of ............ , 1980. ATTEST: MAYOR CITY CLERK ~GR:se:D: 1/22/8G ]GR:se:R:i/L4/80 T/O/TCC Zoning D:I