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ORDINANCE NO. 805(1979 Series)
AN INTERIM'URGENCY ORDINANCE OF THE CITY OF
SAN LUIS OBISPO EXTENDING URGENCY ORDINANCE
NO. 795 ESTABLISHING A MORATORIUM ON THE
CONVERSION OF MULTIPLE FAMILY DWELLINGS TO
CONDOMINIUMS.
WHEREAS, the City Council recognizes the difference in purpose and
function between apartment buildings, condominium housing, and community
apartment projects, and that each should have distinct design standards;
and
WHEREAS, the City Council recognizes the problems which may occur
if all apartment buildings are eligible for conversion to condominiums or
community apartment projects; and
WHEREAS, the City Council is aware of the substantial shortage of
rental housing in the community and the need for housing which is available
for all types of households with varied incomes; and
WHEREAS, the City Council, to protect the public health, safety and
welfare, is considering a revision to the zoning regulations to establish
standards for condominiums and a condominium conversion ordinance to
regulate the conversion of multiple family dwellings to condominiums or
community apartment projects; and
WHEREAS, said revision to the zoning regulations must await council
action on a recommended general plan housing element now before the council
for consideration; and
WHEREAS, any conversion of apartment buildings to condominiums may
conflict with regulations and standards which are ultimately adopted; and
WHEREAS, the City Council adopted Urgency Ordinance No. 795 on January
2, 1979, establishing a moratorium on condominium conversions to ensure
conformity with new standards and regulations; and
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Ordinance No. 805 1 1979 Series
WHEREAS, Section 65858 of the California Government Code authorizes
extension of the interim ordinance as an interim measure for a period of
eight (8) months, prohibiting any usage of land 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 period of time; and
WHEREAS, a public hearing on the extension of said ordinance was
advertised and conducted by the council on Tuesday, April 17, 1979, in
the Council Chambers of the City Hall, San Luis Obispo, California;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Notwithstanding any provision now contained in the San
Luis Obispo Municipal Code, a moratorium is hereby imposed for a period of
eight (8) months following the adoption of this ordinance on the acceptance
and processing of applications for and on the approval of the conversion of
apartment buildings to condominiums or community apartment projects in order
to provide adequate time for the City Council to consider and take action on
the recommended housing element and to study zoning regulations and adopt,
regulations for the conversion of apartment buildings to condominiums or
community apartment projects in order to protect the public health, safety
and welfare.
SECTION 2. Declaration of emergency.
This ordinance is declared to be an ordinance for the immediate pro-
tection of the public health, safety and general welfare. The facts
constituting the urgency are as. follows:
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Ordinance No. 805 1979 Series
The adoption of this ordinance on an emergency interim basis pursuant
to Section 65858 of the Government Code is based upon findings by the council
that an emergency measure is needed to prohibit conversion of apartment
buildings to condominiums or community apartment projects which may be in
conflict with a contemplated zoning proposal which the City Council), Planning
Commission or Community Development Department is considering or studying
or intends to study within a reasonable period of time.
SECTION 3. Effective date.
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; and shall continue
in effect for a period of no longer than eight (8) months; provided, however,
that after notice pursuant to Section 65858 of the Government Code and a
public hearing, the council may extend the effectiveness of.this interim
ordinance for a period of twelve (12) additional months.
The City Clerk shall cause this ordinance to be published once within
five (5) days in a newspaper of general circulation, but delay in publication,
or even failure to publish, shall not affect the validity of the ordinance.
- INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis
Obispo at a regulat meeting thereof held on the 17th. day of April ,
1979, on motion of Councilman Jorgensen seconded by
Councilwoman Billig , and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
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Ordinance No. 805 1979 Series
ATTEST:
rK J.H. Fitzpatrick
Lynn R. Cooper
Approved as to form: Approved as to content:
City ttorney City A fii istra -ve Officer
HE:jj
4/5/79
ommunity velopme t Director
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