HomeMy WebLinkAboutAGENDA REPORT 2007 0912 CC SPC ITEM 05AITEM 5. R .
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL of 9 -12 -a Vol
ACTION: Q G K�n
AGENDA REPORT ,L d-- LAo_ 3,41.
TO: Honorable City Council BY:
FROM: Barry K. Hogan, Deputy City Manager
DATE: August 15, 2007 (Special CC Meeti f 9112/07)
SUBJECT: Consider an Interim Urgency Ordinance Extending for 5 Months and
15 Days an Interim Ordinance Temporarily Prohibiting Condominium
Conversions
DISCUSSION
On August 1, 2007, the City Council adopted an interim urgency Ordinance No. 356
prohibiting the conversion of apartments to condominiums for a period of 45 days. This
interim ordinance expires on September 14, 2007. There remains 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 urgency interim ordinance would
extend the current temporary prohibition on the conversion of apartment units into
condominium units by 5 months and 15 days to cover the period from the end of the
current 45 -day prohibition to the effective date of the new ordinance.
Pursuant to Government Code § 65858, a Report On The Measures Taken To Alleviate
The Conditions Which Led The Citv To Enact The Interim Uraencv Ordinance has been
prepared and made available to the public through the City Clerk's Office at least 10
days prior to the expiration of the existing interim ordinance. Pursuant to Government
Code § 65858, with a 4 /5th vote, the City Council may extend this interim ordinance.
STAFF RECOMMENDATION (ROLL CALL VOTE 4 /5T" AFFIRMATION)
1. Open the public hearing, accept public testimony, and close the public hearing;
and
2. Adopt Ordinance No. to extend a temporary prohibition on condominium
conversions by 5 months and 15 days, expiring on February 29, 2008.
ATTACHMENTS:
1. 10 -Day Report
2. Draft Ordinance
SACommunity Development \DEV PMTS\Z O A\2006 \Condo Conversion\Agenda Rpts \cc 070912 Moratorium.doc
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REPORT ON THE MEASURES TAKEN TO
ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO ENACT THE
INTERIM URGENCY ORDINANCE ON AUGUST 1, 2007
Background
On August 1, 2007, pursuant to Government Code § 65858, the Moorpark City
Council enacted an interim urgency ordinance (the "45 Day Ordinance ") to
impose a temporary prohibition on condominium conversions within the city.
Absent any additional action, the 45 day ordinance would expire on September
14, 2007. A proposed ordinance ( "Extension Ordinance "), for consideration by
the City Council at a special meeting on September 12, 2007, would extend the
prohibition for an additional 5 months and 15 days (until February 29, 2008).
Reasons for the 45 Day Ordinance
The Extension Ordinance, if adopted, would be adopted for the same reasons
that the 45 Day Ordinance was originally adopted, as those reasons are still
accurate. The 45 Day Ordinance was adopted to improve the public safety,
health and welfare of the residents and visitors to the City of Moorpark ( "City ").
A proposed Condominium Conversion Ordinance was scheduled for Council
consideration on August 1, 2007, but was continued to its September 19, 2007
regularly scheduled meeting. Consideration of the ordinance would occur five
days after the expiration of the 45 Day Ordinance.
The 45 Day Ordinance was necessary because the City Council continued
consideration of the proposed condominium conversion ordinance and all
Council meetings for the remaining month of August were cancelled due to a
summer recess as well as the first meeting in September cancelled due to
conflicts with the California League of Cities Annual meeting and conference.
The Condominium Conversion Ordinance proposes requirements and
development standards to protect the continued provision of affordable housing
and to upgrade or maintain the standard of housing consistent with current
development standards.
Further, if the City allowed condominium conversions to occur without providing
requirements and development standards current with those requirements and
development standards consistent with utilized presently the public's health
safety and welfare would not be adequately protected. As such, if the City failed
to extend the 45 Day Ordinance, all condominium conversions will create a
current and immediate threat to the public health, safety and welfare.
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Measures Taken to Alleviate the Conditions Which Led to the Adoption of
the Ordinance
The City has prepared a Condominium Conversion Ordinance for City Council
consideration. The ordinance was duly advertised and set for public hearing
before the City Council at its regular City Council meeting of August 1, 2007 at
which time the City Council opened the public hearing and continued
consideration of the ordinance to its regularly scheduled City Council meeting on
September 19, 2007.
Duration of the Extension Ordinance
If adopted by the City Council, the Extension Ordinance would cause the
prohibition on the conversion of existing apartments to condominium ownership
within the city to extend through February 29, 2008. However, it is not expected
that the Extension Ordinance will be necessary for the entire proposed 5 months
and 15 days. The draft Condominium Conversion Ordinance to be presented to
the City Council at its September 19, 2007 regular meeting will include a
provision for the extension ordinance to expire upon the effective date of the
condominium conversion ordinance.
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ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, MAKING FINDINGS AND
EXTENDING A TEMPORARY PROHIBITION 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 additional 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. Extension of Prohibition
A. On August 1, 2007, the City Council adopted Ordinance No. 356, an
interim urgency ordinance prohibiting for 45 days the conversion of existing apartment
buildings into condominium ownership within the City.
B. 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 through February 29, 2008, an additional
five (5) months and fifteen (15) days beyond the period established by Ordinance No.
356.
C. "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.
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Ordinance No.
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D. 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:
(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 five (5) months and fifteen (15) days from the
date of adoption unless extended by the City Council as provided for in the Government
Code.
SECTION 6. The City Clerk 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
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Ordinance No.
Page 3
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.
PASSED AND ADOPTED this 12th day of September, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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