HomeMy WebLinkAboutOrdinance 507 CERTIFICATION
1, 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. 507, adopted by the
Atascadero City Council at a regular meeting thereof held on March 13, 2007, and that it has been
duly published pursuant to State Law.
DATED: "`' --� �y •L�, f '" �
Marcia McClure Totgerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 507
AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO
EXTENDING THE 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 be 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 applicants with multi-family projects requesting a condominium conversion.
C. The City has received applications for the conversion of 60 rentals to
condominiums; 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. The temporary condominium conversion moratorium was for 45-days, and
the Council did not have the opportunity to consider or enact any appropriate regulations,
amendments, and/or clarifications to the City's Condominium Conversion Ordinance within that
short timeline.
G. On May 9, 2006, the City Council adopted Urgency Ordinance No. 495
extending the temporary condominium conversion moratorium for an additional 10 months and
15 days regarding the review and/or approval of condominium conversions for buildings. The
Council found that this extension was 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
H. 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. Additionally, City Staff has
conducted research to ascertain how surrounding jurisdictions address condominium
conversions.
I. Consequently, at a City Council meeting on February, 20, 2007, the
Council directed City Staff to draft an ordinance amending the City's Zoning Code and
applicable Subdivision Ordinances to reflect appropriate changes addressing condominium
conversions.
J. However, since the final study has not been completed, the City needs
additional time 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
City of Atascadero
Ordinance No. 507
Page 2 of 4
prices on very low- and moderate-income residents in the City. In the meantime, if a temporary
moratorium on condominium conversions is not extended for an additional one year, as permitted
by State law, 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.
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.
Section 3.
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.
two 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 2001 there were
approximately 9,663 total housing units in the City. Of this total, there were approximately,
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 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.
City of Atascadero
Ordinance No. 507
Page 3 of 4
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;
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 Council and the City Council, in turn, can consider amendment of the City's Condominium
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 one year following the date of its passage and adoption, 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), 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
;a, the exterior of the structure.
City of Atascadero
Ordinance No. 507
Page 4 of 4
Section 13.
... This Ordinance shall continue to 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 13, 2007 by the following roll call vote:
AYES: Council Members B6raud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: CITY OF ATASCADERO
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Marcia McClure Torgerson, C.M.C., Dr. Ge6rge Luna, Mayor
City Clerk
APPROVED AS T
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Patrick L. En t; City Attorney
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