HomeMy WebLinkAboutAGENDA REPORT 2007 0801 CC REG ITEM 09CMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
DATE: July 23, 2007 (CC Meeting of August 1, 2007)
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CITY OF MOORPARK, CALSFORNt;
City Council Meeting
IgLy
SUBJECT: Consider an Interim Urgency Ordinance Prohibiting Condominium
Conversions for a Period of 45 Days
BACKGROUND /DISCUSSION
There is a likelihood that the City could soon be presented with one or more
applications for condominium conversion projects. There is concern that the current
Municipal Code does not adequately ensure that condominium conversions will meet
City standards for parking, access, and other site and structural requirements applied to
new developments, and that existing affordable housing units could be lost. A
Condominium Conversion Ordinance that would address these issues is expected to be
presented to the City Council on September 19, 2007. The attached draft ordinance,
prepared by the City Attorney's Office, would establish a 45 -day moratorium on the
conversion of apartment units into condominium units. An extension of this moratorium
in the future would be needed to cover the period from the end of the 45 -day
moratorium to the effective date of the new ordinance. Pursuant to Government Code §
65858, with a 4/5 vote, the City Council may enact this initial 45 -day moratorium
ordinance.
STAFF RECOMMENDATION (ROLL CALL VOTE 415TH AFFIRMATION)
1. Adopt Ordinance No. to establish a 45 -day moratorium on condominium
conversions.
2. Direct staff to schedule and notice a public hearing for September 5, 2007 or at a
special meeting prior to September 14, 2007, to consider extending the Interim
Ordinance.
ATTACHMENT:
Draft Ordinance
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Moratorium.doc
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ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, MAKING FINDINGS AND
ESTABLISHING A TEMPORARY MORATORIUM ON THE
CONVERSION OF APARTMENT UNITS INTO
CONDOMINIUMS
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The conversion of residential apartment buildings into individually owned
condominiums has accelerated throughout southern California and Ventura County in
recent years.
B. It is likely that developers will seek to convert existing apartment buildings
in Moorpark to condominiums in the near future.
C. The Moorpark Municipal Code currently in effect does not adequately
ensure that condominium conversions will meet parking, access, and other building and
site requirements of a new development.
D. The Moorpark Municipal Code currently in effect does not adequately
ensure that tenants who are unable to purchase their converted units are afforded
sufficient relocation assistance as permitted by law.
E. City staff requires time to examine current Municipal Code language, and
if necessary, propose additions or revisions that will address physical site and tenant
relocation concerns.
SECTION 2. Imposition of Moratorium
A. In accordance with the authority granted the City of Moorpark under
Government Code Section 65858, and pursuant to the findings stated herein, from and
after the date of this ordinance, no use permit, variance, building permit, business
license or other applicable entitlement shall be approved or issued for the conversion of
existing apartment units to condominium units for a period of forty-five (45) days.
B. "Condominium conversion" includes any change in which existing
apartment units become individually owned, including, but not limited to, any process
contemplated or authorized by Government Code section 66427 et. Seq.
C. This ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Moorpark by Government Code Section 65858, and is
for the immediate preservation of the public health, safety, and welfare. The facts
constituting the urgency are:
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ordinance.doc
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Ordinance No.
Page 2
(1) The Moorpark Municipal Code currently in effect does not adequately
ensure that condominium conversions will meet parking, access, and other
building and site requirements of a new development;
(2) the Moorpark Municipal Code currently in effect does not adequately
ensure that tenants who are unable to purchase their converted units are
afforded adequate relocation assistance as permitted by law; and
(3) absent the adoption of this interim urgency ordinance, the City of
Moorpark might receive applications for condominium conversions that the City
would be unable to examine and approve in a manner that ensured that City
concerns regarding building and site features and tenant rights would be
adequately addressed.
SECTION 3. Compliance with California Environmental Quality Act: The City
Council finds that this ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly; it prevents
changes in the environment pending the completion of the contemplated municipal code
review.
SECTION 4 . If any section, subsection, sentence, clause, phrase, part or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. Consistent with Government Code 65858, this ordinance shall
become effective immediately upon adoption if adopted by an at least four -fifths vote of
the City Council and shall be in effect for forty -five (45) days from the date of adoption
unless extended by the City Council as provided for in the Government Code.
SECTION 6. The City Cleric shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall, within fifteen (15) days after
the passage and adoption thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for that purpose.
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Ordinance No.
Page 3
PASSED AND ADOPTED this 1st day of August, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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