HomeMy WebLinkAboutOrdinance 493 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 493, adopted by the
Atascadero City Council at a regular meeting thereof held on March 2$, 2006, and that it has been
duly published pursuant to State Law.
DATED: '_ .w ' > ._ ( PIU4
Marcia McClure Tog Berson, C.M.C�
City Clerk
City of Atascadero, California
ORDINANCE NO. 493
UAW AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO
ADOPTING A MORATORIUM ON CONDOMINIUM CONVERSIONS,
AND DECLARING THE URGENCY THEREOF
The City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS:
Section 1. Findings
A. The City's Housing Element to its General Plan provides as one of its
goals that there is an adequate amount of rental housing in the City. Policy 3.1 of the Housing
Element requires that the Council "ensure that the proportion of low and moderate housing is not
significantly reduced."
B. In the last 18 months, the City has seen a significant increase in the number
of multifamily projects requesting a condominium conversion.
C. The City has received applications for the conversion of 60 rentals to
condominiums; and inquiries have been made about the conversion of an additional 200 rental
units.
D. If all of these rental units were converted to condominiums, it would
represent the loss of over 12 percent of the 2,100 rental units in the City.
E. The City Council has retained Goldfarb Lipman LLP to review and study
... the City's condominium conversion ordinance regarding the preservation, acquisition of the
City's multifamily rental units, and to examine the need for inclusionary housing and/or fees for
the loss of low and moderate income housing.
F. Due to the foregoing, the City intends to continue to study the extent to
which the conversion of rental units to condominiums are affecting the affordability of rental
units and the impacts of increasing rental prices on very low- and moderate-income residents in
the City. In the meantime, if a temporary moratorium on condominium conversions is not
immediately imposed, substantial rent increases are likely to occur. Such increases would defeat
the intent and purpose of the City's General Plan policy of protecting the proportion of low and
moderate housing in the City.
G. A final report from Goldfarb Lipman, LLP has not been received;
however, the consultant and the City Council have preliminarily concluded that the conversion of
a significant number of multifamily units to condominiums in the City will produce economic
inequities which may be exacerbated by a lack of rental units.
Section 2. Imposition of Moratorium
The City Council hereby declares that a temporary condominium conversion
moratorium on the review and/or approval of the Condominium Conversions for buildings is
necessary in order to permit the city the time to conduct research and consider appropriate
regulations, amendments and/or clarifications to protect the public health, safety, welfare and
economic prosperity of the City.
City of Atascadero
Ordinance No.493
Page 2 of 4
Section 3.
now While this Ordinance remains in effect, no permit, other applicable entitlement,
which entails in whole or in part the conversion of any existing rental housing or on residential
structures to residential condominiums or community apartment projects within the City shall be
issued, except as specified in Section 13 below.
Section 4.
While this Ordinance remains in effect, no person, firm, partnership, association,
corporation, company or organization of any kind shall convert, in whole or in part, or attempt to
convert, in whole or in part, any existing rental housing to residential condominium within the
City, except as specified in Section 13 below.
Section 5.
Pursuant to the provisions of California Government Code section 65858, this
Ordinance is adopted as an urgency interim zoning ordinance and shall take effect immediately.
The facts demonstrating the urgency that forms the basis for this ordinance are as follows:
A. According to the City's General Plan adopted in 2002, in 2001there were
approximately 9,663 total housing units in the City. Of this total, there were approximately, (1)
3,062 units in multi-family structures (31.7% of all City housing) and. 3,282 renters. According
to the 2000 Census data, there were approximately 9,531 households, 3,282 or thirty-four percent
(34%) of which were renters;
B. The City has most recently experienced an unprecedented increase in
applications seeking to convert existing rental housing to residential condominiums;
C. The approval or adoption of additional such Condominium Conversions
within the City of Atascadero would result in a threat to public health, safety and welfare in that
they could alter, in a radical and fundamental manner, the current way of life for the City's
residents. By their unique characteristics and requirements, conversion projects tend to magnify
the effects associated with higher urban densities to the point where public health, safety, welfare,
and economic prosperity of the City are significantly affected. Such projects may conflict with
the City's policy, set forth in the General Plan, to provide a reasonable balance of rental and
ownership housing within the City, to provide a variety of individual choices of tenure, type,
price and location of housing and to maintain the supply of rental housing for low and moderate
income persons and families. It is thus necessary to establish a temporary moratorium to allow
for: (1) research and study to determine how to address this use, the type of regulation that may
be imposed on this use, and the potential impact this use may have on the City's neighborhoods;
and(2) the preparation and presentation of any proposed ordinance, amendments or regulations to
address this use.
D. It is necessary that this Ordinance go into effect immediately in order to
maintain the City's environment pending the outcome of the above-referenced research, study,
and analysis, which may dictate the need to further regulate such Condominium Conversions and
which, in turn, will help the City Council better understand the detrimental effects, if any, should
such Condominium Conversions be allowed to proceed at a pace which, based on past
experience, conversions will continue to occur but for the adoption of this interim ordinance;
"no E. It is necessary that this interim Ordinance remain in effect until the afore-
referenced research, study and analysis have been completed and the recommendations of
Planning Department staff and the Planning Commission can be received and considered by the
City of Atascadero
Ordinance No.493
Page 3 of 4
City Council and the City Council, in turn, can consider amendment of the City's Condominium
goo Conversions Ordinance or otherwise regulate future conversions.
Section 6.
The City Council therefore finds that there is a current and immediate threat to the
public health, welfare, and that the approval of additional Condominium Conversions through the
issuance of permits authorizing such activities would result in a threat to, or breach of, that public
health and welfare.
Section 7.
The City Council hereby finds that adoption of this Ordinance will not have the
effect of denying approvals needed for the development of projects with a significant component
of multifamily housing.
Section 8.
Pursuant to Government Code Section 36937(b), this interim urgency Ordinance
shall take effect immediately upon its passage and adoption.
Section 9.
Pursuant to Government Code Section 65858, this Ordinance shall expire on a
date 45 days following the date of its passage and adoption, unless its term is extended by action
of the City Council in accordance with the procedures set forth in Section 65858, or at such
earlier time as the City Council acts to repeal this Ordinance and replace it with a successor
Ordinance.
Section 10.
At least ten days prior to the 45 day interim period provided for in Section 9, the
City Council shall issue a written report describing any measures taken to alleviate those
conditions herein referenced which lead to the adoption of this Ordinance.
Section 11.
This Ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation in the City of Atascadero within 15 days after its adoption.
Section 12.
The adoption of this interim ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to sections 15061(b)(3), 15262 and 15306 of the
State CEQA Guidelines because it can be seen with certainty that there is no possibility that such
adoption may have significant effect on the environment; such adoption involves only feasibility
and planning studies for possible future adoption of an ordinance that has not yet been prepared
or adopted. In addition, the adoption of this interim ordinance is partially exempt from CEQA
pursuant to Section 15303 of the CEQA Guidelines in that it primarily pertains to the conversion
of existing small structures from one use to another where only minor modifications are made in
the exterior of the structure.
City of Atascadero
Ordinance No.493
Page 4 of 4
Section 13.
WM This Ordinance shall apply to all applications filed on or after March 1, 2006.
Section 14.
This Ordinance shall be liberally construed to accomplish its intended purposes.
Nothing contained in this Ordinance is intended to limit the continuation of lawful
nonconforming uses or structures.
Section 15.
Severability. The City Council hereby declares that should any section, paragraph,
sentence, phrase, term, or word of this Ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
Ordinance irrespective of any such portion declared invalid.
INTRODUCED, PASSED and ADOPTED at a regular meeting by the City Council of the City
of Atascadero, State of California, on March 28, 2006 by the following roll call vote:
AYES: Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
err.
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M. Tom O'Malley, Mayo
City Clerk
APPROVED AS TO FORM:
"` Patrick L. FAriXt,tity Attorney