Loading...
HomeMy WebLinkAboutOrdinance 501 CERTIFICATtON 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. 501, adopted by the Atascadero City Council at a regular meeting thereof held on October 10, 2006, and that it has been duly published pursuant to State Law. DATED- Marcia McClure Tor.Berson,C.M.C. L City Clerk City of Atascadero, California ORDINANCE NO. 501 um AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO ADOPTING A MORATORIUM ON THE APPROVAL OR RECORDATION OF SITE CONDOMINIUM PLANS, AND DECLARING THE URGENCY THEREOF The City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds as follows. 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 1.2 of the Housing Element requires that the Council "encourage a variety of high quality housing types in multi-family areas" by allowing "planned developments with detached units on individual lots or airspace condominiums on commonly owned lots." B. The City's Land Use, Open Space and Conservation Element to its General Plan provides in Policy 2.1 that the Council "ensures that new development is compatible with existing and surrounding neighborhoods." C. Conventional condominiums, the basis of Policy 1.2 of the City's Housing Element in the General Plan, are structures with privately owned airspace within the envelope of a building(s). D. In the last month, the City has seen a significant increase in the number of multifamily projects requesting permits for condominiums that include private airspace outside the envelope of the building ("site condominiums"). E. The City has received an application for a site condominium, and inquiries have been made about other similar site condominium plans within the City. F. If these site condominiums are constructed, there would be no usable common area; rather, there would be a cloud of"common" airspace hundreds or thousands of feet above the rooftops of these properties. G. The construction of site condominiums would create unplanned, piecemeal projects in multi-family zoned areas that resemble subdivision lots, without adhering to the subdivision process outlined in the Subdivision Map Act or City ordinances. . H. The Planning Department of the City of Atascadero plans to review and study the City's zoning code and subdivision ordinance regarding the preservation of traditional airspace condominiums. The City's Planning Staff will also investigate options for regulating and developing site condominiums. I. Due to the foregoing, the City intends to continue to study the extent to which site condominiums are affecting the aesthetics and impacting planned development in the City. In the meantime, if a temporary moratorium on condominiums is not immediately imposed for up to 45 days, substantial piecemeal lots resembling subdivisions are likely to develop. Such unplanned development would defeat the intent and purpose of the City's General Plan policy of developing planned communities and providing airspace condominiums on commonly owned lots. Section 2. Imposition of Moratorium The City Council hereby declares that a temporary moratorium on the review and/or approval of site condominiums is necessary in order to permit the city the time to conduct research City of Atascadero Ordinance No. 501 Page 2 of 4 and consider appropriate regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City. For the purposes of the moratorium, site �.. condominiums are defined as condominiums that create an air space outside of the envelope of the building and where the common area is not located on the ground. Conventional interior air space condominiums are not subject to this moratorium. Section 3. While this Ordinance remains in effect, no permit, condominium plans, other applicable entitlement, which entails in whole or in part the approval of any site condominium projects within the City shall be approved, issued, or recorded with the County Recorder, 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 seek entitlement for, in whole or in part, any site condominiums 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. The City has most recently received applications seeking to record site condominiums; e� B. The approval or adoption of such site condominiums within the City of Atascadero would result in a threat to orderly development in a radical and fundamental manner. By their unique characteristics, site condominiums provide common airspace outside the envelope of the building, which affects open space to the point where the 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 establish cohesive development that is compatible with existing neighborhoods, and not piecemeal type lots throughout the City. 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; C. 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 regulate site condominiums and which, in turn, will help the City Council better understand the detrimental effects, if any, should such site condominiums be allowed to proceed; D. 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 Council and the City Council, in turn, can consider amendment of the City's zoning code and subdivision ordinance. 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 site condominiums through the issuance City of Atascadero Ordinance No. 501 Page 3 of 4 of permits authorizing such activities or recordation of such plans 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 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 expiration 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)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 exempt from CEQA pursuant to Section 15262 of the CEQA Guidelines in that this ordinance involves only feasibility or planning studies for possible future actions by the City. Section 13. This Ordinance shall apply to all applications filed on or after August 8, 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. am City of Atascadero Ordinance No. 501 Page 4 of 4 INTRODUCED, PASSED AND ADOPTED this 10th day of October, 2006, by the �•+ following vote on roll call: AYES: Council Members Clay, Luna, Pacas and Mayor O'Malley NOES: None ABSTAIN: None ABSENT: One Vacancy ATTEST: C Y OF ATASCADERO T Marcia McClure Torgerson, C.M.Cj' Tom O'Malley, Ma nor City Clerk APPRQVED AS TO FORM: Patrick:L. Enright, City Attorney