HomeMy WebLinkAboutOrd 18291
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1829
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 26.30 TO
SPECIFY REQUIREMENTS FOR CONVERSION FROM STOCK COOPERATIVE
TO CONDOMINIUM
The City Council of the City of Burlingame ordains as follows:
Section 1. The City's requirements for conversion of apartments to condominiums
were first adopted in 1981 and have served the City well. However, the City contains at least one
stock cooperative, which was a legal form of ownership used in the 1960's to create a common
interest development similar to a condominium. It does not make sense to make such a common
interest development go through a full condominium conversion process when the units are already
individually owned, nor to apply the City's current bar of less than twenty (20) units from
apartments to condominiums to conversion of a stock cooperative. The stock cooperative form of
ownersL
ip has become dated, and itis important to provide an orderly process to allow properties
owned in this form to be renovated. This ordinance will provide a process similar to an exemption
in the Subdivision Map Act to be used for conversion of legally existing stock cooperatives to
condominiums.
Section 2. Anew Section 26.30.028 is added to read as follows:
26.30.028 ,Conversion from stock cooperative to condominium.
(a) Notwithstanding any other provision of this code, including any provision of chapter
26.32, a stock cooperative as defined in section 1351 of the Civil Code maybe convert
ed to a
condominium as defined in section 783 of the Civil Code if all of the following are met:
(1) The stock cooperative was legally organized and created pursuant to state and local law
in effect at the time of the organization and creation, and the stock cooperative has continued in
uninterrupted existence until the date of the conversion; and
(2) A tentative map and final map for a condominium are filed and approved by the council
as provided in to chapter 26.08 in the forms provided for other condominium maps under this title;
1 11 and
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(3) All persons renting units in a cooperative are provided all tenant rights under state and
local law, including, but not limited to, rights respecting first refusal, notice, and displacement and
relocation benefits as described in section 26.33.060.
(b) If the stock cooperative conversion is exempt from the Subdivision Map Act pursuant
to Government Code section 664125 then subsection (a)(2) shall not apply to the conversion
application. Instead, the application shall be reviewed by the planning commission for
conformance with section 66412 and subsections (a)(1) and (a)(3) above, and upon approval by the
commission, the city will certify conformance with section 66412 and this section in a form to be
recorded with the county recorder.
(c) Procedures for filing and approval of applications under this section, as well as appeals
from decisions made, shall follow sections 26.08.020, 26.08.021, and 26.08.030, as applicable, and
section 25.16.060.
Section 3. This ordinance shall be published as required by law and shall take effect thirty
(30) days after its adoption.
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 18t'' day
of August, 2008, and adopted thereafter at a regular meeting of the City Council held on the 2nd day
of September, 2008, by the following vote:
AYES: COUNCILMEMBERS: Baylock, Keighran, Nagel, O'Mahony.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIL,MEMBERS: None
NOT PARTICIPATING: COUNCILMEMBERS: Deal
S:\ATTORN EY\FILES\ORDINANC\stockconversion2008.pin.wpd
k