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HomeMy WebLinkAboutTC Ord 1991-07-17 ORDINANCE NO. 375 N.S. AN ORDINANCE OF 11IE TOWN COUNCIL OF TIlE TOWN OF TIBURON AMENDING SECTION 4.06 OF 11IE TOWN'S ZONING ORDINANCE TO REGULATE UNDIVIDED INTEREST PROJECTS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Findin2s. 1. Section 4.06 of the Town of Tiburon's zoning ordinance, the Subdivision Map Act and the Town of Tiburon's subdivision ordinance currently regulate the conversion of existing rental units to condominiums, community apartment projects and stock cooperatives, as those terms are defined in the Davis-Sterling Common Interest Development Act, Civil Code Section 1350 et seq. 2. Section 4.06.01 of the Town's Zoning Ordinance states that those common interest developments listed above create conditions which differ markedly from rental units and which if unregulated could have a negative impact on the public health, safety, welfare and economic prosperity of the Town. 3. The Town's General Plan Housing Element calls for the preservation of existing rental housing units. 4. On August 1, 1991, the Town Council of the Town of Tiburon adopted Ordinance No. 372 N.S. which created a 45-day moratorium prohibiting the conversion of existing rental units to Undivided Interest Projects. Undivided Interest Projects were defined therein as any parcel of land containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon. 5. These Undivided Interest Projects have virtually identical attributes to those of the other forms of common interest developments already regulated by the Town: owner occupants with exclusive control over units and joint obligations for maintenance of common areas. 6. Undivided Interest Projects, as defined in Ordinance No. 372 N.S. are considered subdivisions under the Subdivided Lands Act, Business and Professions Code Section 11000.1. 7. The creation of Undivided Interest Projects without prior Town review and 1 approval would circumvent the goals and policies of the town's General Plan and zoning ordinance. 8. This ordinance will apply the Town's existing regulations for conversion of rental units to common interest developments to Undivided Interest Projects. 9. The Town's Planning Commission held a public hearing to consider this ordinance and related negative declaration on August 28, 1991. There was no public testimony. After discussing the item, the Commission unanimously recommended adoption of the ordinance and approval of the negative declaration. SECTION 2. Chapter 16, Section 4.06.01 of the Tiburon Municipal Code is hereby amended to read: 4.06.01. Intent and Purpose. Condominiums, as defined herein, create conditions that differ markedly from those associated with rental units. These conditions associated with condominium subdivision projects may result, unless regulated, in a negative impact upon the public health, safety, welfare, and economic prosperity of the Town. It is the intent of the Town to establish rules and standards that regulate the construction of, and/or the conversion of structures to condominiums, as defined herein, within the Town. The provisions of this section 4.06.00 shall be in addition to the provisions of the State Subdivision Map Act and the provisions of Chapter 14 of the Tiburon Municipal Code. The Council specifically finds that many multi-family dwellings now sought to be converted to condominiums were not constructed originally in a manner which envisioned individual ownership of the dwelling units; unregulated conversion of existing rental housing to condominiums reduces the stock of rental housing to the community and may have an impact on the price of housing in the Town; in a period of extremely low vacancy factors for available Town rental units, unregulated conversion to condominiums could work a hardship on tenants of buildings sought to be converted, who may find themselves unable to find replacement housing in the Town or southern Marin, and also find themselves unable to purchase the unit they occupy, after a conversion. The rules and standards set forth herein are intended to provide that rental units being converted, or structures initially erected as condominiums, meet reasonable construction criteria under state and local laws, ordinances, and regulations, that a reasonable balance 2 between rental housing and owner-occupied housing continues to exist in the community, and to ensure that the density, bulk, height, massing, and character of the units constructed or converted hereunder are consistent with the existing character of structures in the area. These rules and standards shall apply to industrial, commercial or marina subdivisions as well as purely residential subdivisions. SECTION 3. A new Section 4.06.015 is hereby added to Chapter 16 of the Tiburon Municipal Code to read: 4.06.015. Definitions. For purposes of this Section, the term "condominium" shall include all of the following: (a) Community Apartment as that term is defined in Civil Code Section 1351(d). (b) Condominium as that term is defined in Civil Code Section 1351(1). (c) Stock cooperative as that term is defined in Civil Code Section 1351(m). (d) Undivided Interest Project which is defined as any parcel of land containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon. SECTION 4. SEVERABILI1Y. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date 3 of passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 17, 1991, by the following vote: AYES: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Logan, Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c;~YI!~ THERESE M. HENNESSY OWN CLERK 4 TOWN COUNCIL REPORT ON INTERIM ORDINANCE On August 1, 1991, the Town Council of the Town of Tiburon adopted Ordinance No. 372 N.S., an interim moratorium ordinance, pursuant to the authority of Government Code Section 65858. The ordinance identified a threat to the public health, safety and welfare which could be caused by the conversion of existing rental units to Undivided Interest Projects, which were defined as an unregulated form of common interest ownership. The moratorium was extended by the Town Council on September 3, 1991, by adoption of Ordinance No. 373 N.S. The extension is valid through December 15, 1991, or the effective date of Ordinance No. 375 N.S., whichever comes first. As required by Government Code Section 65858(d), the Town Council is issuing this report describing the measures taken to alleviate the condition which led to the extension of the moratorium ordinance. Since the extension, the Town Council has held a public hearing on the subject and has adopted permanent legislation regulating conversions to Undivided Interest Projects. The new ordinance adds Undivided Interest Projects to the provisions of the Town's zoning ordinance regulating conversions to condominiums, community apartments and stock cooperatives. The permanent legislation (Ordinance No. 375 N.S.) becomes effective October 17, 1991. At that point in time the moratorium lapses. This report was reviewed and accepted by the Town Council on October 1, 1991.