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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 • 0 • 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