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HomeMy WebLinkAboutOrdinance 012 ORDINANCE NO. 12 AN ORDINANCE MAKING FINDINGS AND CREATING A MORATORIUM ON THE APPROVAL OF PERMITS FOR CONDOMINIUM USES, CONDO- MINIUM SUBDIVISIONS, AND CONDOMINIUM CONVERSIONS WITHIN THE CITY OF ATASCADERO AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY ORDINANCE. ------------------- WHEREAS, the Atascadero General Plan has not yet been adopted; and WHEREAS, adequate procedures and regulations regarding con- dominiums, condominium subdivisions and subdivisions have not been provided for in the Atascadero Municipal Code; and ' WHEREAS, the significance of condominiums condominium 1 conversions and condominium subdivisions with regard to the long- range planning and maintenance of cities is often superficially discounted in favor of short-term economic and financial consider- ations , it is incumbent upon the City of Atascadero to develop adequate performance standards by ordinance designed to minimize any deleterious effects of condominium ownership upon the health, safety, and welfare of the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines as follows : 1. That there are pending many requests for the conversion of apartments to condominiums , and for approval of condominium subdivisions; and that the statutory time limit for approval or disapproval of some of these requests is about to expire, unless the time is extended. -1- ORDINANCE NO. 12 2 . That a_ large proportion of the apartments sought to be converted to condominiums do not meet present building, zoning, and land use requirements and that condominium use requires that condominium projects be treated differently from apartment projects due to the different demands the two types of projects place upon the City; 3 . That the Atascadero General Plan and Municipal Code does not presently provide adequate standards, procedures or regulations to protect the public health, safety, and welfare; 4. That a study is necessary to determine what legislation ' is required for the protection of the public; 5 . That an interim ordinance is necessary to allow the preparation of procedures and regulations to properly establish 1 and administer condominium standards , condominium subdivisions , and condominium conversions within the City of Atascadero. SECTION 2 . All permits for condominium uses , condominium subdivisions , and condominium conversions, within the City of Atascadero are hereby prohibited for a period of four (4) months from the effective date of this ordinance. SECTION 3. The processing of all development projects , sub- divisions g P P 7 divisions and parcel maps relating to condominiums or dondominium conversions within or by the City of Atascadero is hereby suspended for a period of four (4) months from the effective date of this ordinance. All applications for development projects , subdivisions and parcel maps relating to condominiums or condominium conversions now pending, the time for the approval or disapproval of which will occur during the period of this moratorium, shall be deemed -2- ORDINANCE NO. 12 disapproved or denied but any applicant affected thereby may revive his application by letter agreeing to extend his app- lication to a date not less than 120 days after the expiration of this moratorium. SECTION 4 . Any provision of the Atascadero Municipal Code 1 inconsistent herewith to the extent of such inconsistencies and no further, is hereby suspended for the type of construction described herein during the moratorium period. SECTION 5 . If any provision of this Ordinance is held to be unconstitutional, it is the intent of the City Council that such portion of such ordinance be severable from the remainder and that the remainder be given full force and effect. SECTION 6. The City Council may grant a variance from the provisions of this moratorium ordinance upon recommendation of the Planning Commission, subject to a finding of the following: 1. That strict application of the provisions of the mora- torium to a particular condominium project would result in practical difficulties or unnecessary hardships inconsistent with 1 the general purposes and intent of the moratorium; 2 . That there are exceptional circumstances or conditions applicable to the condominium project that do not apply generally to the other projects covered by this moratorium; and 3 . That the granting of a variance would not be materially detrimental to the public welfare as defined above. SECTION 7. Authorityfor Enactment. ctm nt. This ordinance is adopted under Government Code Section 65858 . -3- • i 1 ORDINANCE NO. 12 SECTION 8 . Urgency. 1 The City Council does hereby declare that this is an urgency ordinance necessary to preserve the public peace, health, and Isafety due to the facts set forth above. SECTION 9 . Taking Effect. This ordinance, being an emergency ordinance for the immediate protection of the public safety, health, and general welfare, containing 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 10 . Publication. The City Clerk shall cause this ordinance to be published 1 once within fifteen (15) days after its passage in the Atascadero News , a newspaper of general circulation, printed, published and circulated in this City; shall certify to the adoption and publication of this ordinance; and shall cause this ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of this City. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the Council held on November 14 , 1979 , by the following vote: Ayes : Councilmen Highland, Mackey, Nelson and Mayor Wilkins ' Noes: None Absent: Councilman Stover )X, M�'Pk jai_- ' YOR ROBERT J. WILKINS, JR. jATTE S' TY ERK MURRAY L. RDEN -4, CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 12 passed by the Atascadero City Council at its regular Council meeting held on November 14, 1979 r MU Y 'L,,-"WARDEN, City Cl rk C' ty of Atascadero, California