HomeMy WebLinkAboutOrdinance 210 ORDINANCE NO. 210
AN INTERIM URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING THE ATASCADERO MUNICIPAL CODE
CREATING A MORATORIUM ON THE APPROVAL OF PERMITS FOR
THE CONVERSION OF EXISTING MULTI-FAMILY RENTAL
UNITS TO CONDOMINIUMS OR A STOCK COOPERATIVE
(CITY COUNCIL INITIATED)
WHEREAS, Section 65858 of the Government Code authorizes the
adoption by local legislative bodies of interim ordinances as
urgency measures to protect the public safety, health and welfare;
and
WHEREAS, said ordinances may be adopted as urgency measures
prohibiting actions which may be in conflict with a contemplated
zoning proposal which the legislative body, Planning Commission or
Community Development Department is considering, or studying, or
intends to study within a reasonable time; and
WHEREAS, the City' s Housing Element to the General Plan calls
for the City to I'monitor and consider regulation of condominium
conversions to insure that the supply of low and moderate rental
housing is not significantly decreased" and
WHEREAS, the Community Development Department has been moni-
toring requests for conversion of trental housing to condominium
ownership and has reported to the Planning Commission and Council
that approximately 27 1/2 percent of the City' s multi-family units
will have converted to condominiums with the approval of Tentative
Tract Map 02-90, which would increase from 566 units to 630 units
the dumber of converted recital units in the City; and
WHEREAS, this increase of 64 represents an 11% increase over-
all in the extent of condominium conversions; and
WHEREAS, there has been a dramatic decline in the construction
of offsetting new rental housing, with only ten ( 10) new apartment
units being requested for construction in Calendar Year 1990; and
WHEREAS, the City' s General Plan addresses this issue by
reciting in Residential Policy No. 17 a variety of issues that
should be addressed in any condominium conversion ordinance adopted
by the City; and
WHEREAS, the City Council has directed staff to prepare a com-
prehensive condominium conversion ordinance to address these
concerns; and
WHEREAS, the City Council held a public hearing on September
25, 1990; and
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Ordinance No. 210
Page Two
WHEREAS, such urgency measures shall require a four-fifths
vote of the legislative body for adoption.
NOW, THEREFORE, the City Council of the City of Atascadero
does ordain as follows :
Section 1 . Council Findings.
1 . The proposed code amendment is in conformance with Section
65800 et seq of the California Government Code concerning zon-
ing regulations .
2 . The proposed interim ordinance is categorically exempt from
the provisions of the California Environmental Quality Act.
3 . That further study is necessary to determine what legislation
is proper for the protection of the public health, safety and
welfare.
4 . The moratorium on further conversion of existing multi-family
rental units may avoid approving conversion that would con-
flict with the standards of the pending condominium conversion
ordinance.
5 . That there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of
additional subdivision maps for the conversion of existing
multi-family rental units to condominium or stock cooperative
ownership would result in a threat to public health, safety,
or welfare.
Section 2 . Municipal Code Text Addition.
The fallowing is hereby added to the City' s Municipal Code
(Non-Codified Addition) , to read as follows :
Condominium Conversions.
All applications for conversion of existing multi-family
rental units to condominium or stock cooperative ownership are
hereby prohibited except for the processing of subdivision maps
formally accepted as complete as of September 25, 1990. Existing
multi-family rental units are units which have been constructed and
have had approval of a final building inspection authorizing occu-
pancy.
Section 3 .
This ordinance is adopted under Government Code Section 65858
Ordinance No. 210
Page Three
and is in full force and effect for forty-five (45) days and may
be extended as provided in Government Code Section 65858.
Section 4
The City Council hereby declares that this is an urgency
ordinance necessary to preserve the public peace, health and safety
due to the facts set forth above.
Section 5 .
This ordinance being an urgency ordinance for the immediate
protection of the public safety, health and general welfare, con-
taining a declaration of the facts constituting the urgency and
passed by a four--fifths (4/5) vote of the Council shall take effect
immediately upon its adoption.
Section 6
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance, and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of ordi-
nances of this City.
On motion by Councilman Dexter and seconded by Councilwoman
Borgeson the foregoing ordinance is hereby adopted in its
entirety by tie ollowing roll call vote:
AYES: Councilmembers Nimmo, Shiers, Dexter, Borgeson and Mayor Lilley
NOES None
ABSENT: None
DATE ADOPTED: September 25, 1990 ------
CITY OFATASCAbER , CALIFORNIA
ATTEST: ' BEAT LLEY ayor
LEE DAY A, City C1 rk
Ordinance No. 210
Page Four
APPROVED AS TO CO TENT: ,
RA I S R, City Manager
APPROVED AS TO FORM:
ARTH R '411011INTANN, ty Attorney
PREPARED BY:
HE Y ENGEN
Community Development irector
I