HomeMy WebLinkAboutORD 1020 (1989) ]
2 ORDINANCE NO. 1020
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING SUBDIVISION ORDINANCE AMENDMENT
4 88-01, AMENDING SECTION 9314, EXCEPTIONS (66412) OF
THE TUSTIN MUNICIPAL CODE, TO PERMIT THE ISSUANCE OF
5 A CERTIFICATE OF COMPLIANCE TO CONVERT A STOCK
COOPERATIVE TO A CONDOMINIUM.
WHEREAS, on February 20, 1989, the City Council of the Ci~ty of Tustin,
7 California, does hereby ordain as follows:
8 Section 1. The City Council finds and determines as follows:
9 A. A proper application was filed on behalf of the Sycamore~G~rdens
Homeowner 'S Associati on requesting approval'. of SubOi vt si on
10 Ordinance Amendment 88-01 to permit the City to issue a
Certificate of Compliance to convert a Stock Cooperative to a
] ] Condoml nt um.
12 B. Public hearings before .the Planning Commission and City Council
to consider proposed Subdivision Ordinance Amendment 88-01 were
13 duly called, noticed and held on Monday, January g and February
6, 1989, respectively.
C. A Negative Declaration has been prepared in conformance with the
15 California Environmental Quality Act; no significant, adverse
impacts are associated with this Subdivision Ordinance
] G Amendment.
17 D. The subject amendment ts..in the '~best interest of the public
health, safety and welfare. in that it will simplify the
18 conversion of a Stock Cooperative to a condominium, which is a
change in the form of ownership only.
19
E. The subject amendment is consistent with the General Plan and
20 it will not negatively impact the orderly growth and development
6f the City, as there is only one stock cooperative in the City.
21
Section 2. Section 9314, EXCEPTIONS (66412) of the City's Subdivision
22 Ordinance shall be amended to read as follows:
23 (a) In addition to the exclusions from a'pplication of the Map
Act specified therein, the requirement of this Chapter
24 shall be inapplicable to subdivisions of four (4) parcels
or less for construction of removable commercial buildings
25 having a floor area of less than one hundred (100) square.
feet (66412.5). (Ord. No. 847, 6-1-81}
26
Ordf nance' No. 1020 ·
3 Page two
5 (b) Unless a parcel or final map has been approved by the City
Council, the conversion of a .stock cooperative, as defined
6 in Section 11003.2 of the Business and Professions Code, to
a condominium, as defined in Section 783 of the Civil Code,
7 may be permitted through the issuance of a Certificate of
Compliance (with or Without conditions), but only if all
8 of the following requirements are met:
9 (1) At least 51 percent of the units in the cooperative
were occupied by stockholders of the cooperative on
10 January 1, 1981, or individually owned by stockholders
of the cooperative on January 1, 1981. As used in
1] 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
12 unit in the cooperative.
1_3 '(2) No more than 25 percent of the shares of the
14 cooperative were owned by any one peTson, as defined
in Section 17, including an incorporator or director
15 of the cooperative, on January 1, 1981.
)G (3) A person renting a unit in a cooperative shall be
entitled at the time of conversion to all tenant
17 rights in state or local law, including, but 'not
limited to, rights .respecting first refusal, notice,
18 and dtsplacemnt and relocation rights.
19' (4) The Director of Community Development shall certify
that the above requirements have been met. Upon such
20 certi fi cati on, the D1 rector shal 1 issue the
Certificate of Compliance (with or without
21 condi ti ons ).
22
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
23 the 21st day of February , 1989.
26 Mayor
28 Mary Wy~
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-officio Clerk of the City. Council of the City of
Tusti n, Cal i forni a, does hereby certify that the whole ~umber of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 1020 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 6th day of Februar~f, 1989, and was given its
second reading and duly passed and a"dTpted at an adjourned regular meeting held on
the 21st. day of February, 1989, by the-following vote:
AYES : COUNCILPERSONS: Kennedy, Edgar, Hoesterey, Kelly, Prescott
NOES : COUNC ILPERSONS: None
ABSENT: COUNCILPERSONS: None
'City of Tustin, 'California
Publ i sh Tusti n News:
March 2, 1989