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HomeMy WebLinkAbout1978-01-03; City Council; 5181-1; Condo conversions~~ CITY OF r"RLSBAD ' • ' Initial: AGENDA BILL NO. 5181 Sup 1 Dept. Hd. DATE: Jaunuary 3, 197g City Atty DEPARTMENT: PLANNING City Mgr. ~t\ SUBJECT: CONDCMINIUMS - CONDOMINIUM CONVERSIONS STATEMENT OF THE MATTER On September 6, 1977, the Planning Department reported to the City Council problems involved with the development of condominiums, condominium conversions, and curb cut driveway openings. This report was prompted by problems noted by staff on on condominium development presently being proposed. Generally, the City Council agreed that there were problems with condominium development if we continued with the present methods for approval. Some of the particular problems were insufficient on-site parking and lack of ammenities for proper home ownership living. The staff recommended, however, that urgency methods not be adopted at that time, because we were satisfactorily working out our problems with a developer of condominiums, and that the sewer moratorium prohibited further applications. However, the City did accept two applications for conversion of apartments to condominiums, based on the fact that there was no additional sewer demands caused by the conversion. Since we have set a precedence by accepting application for condominium conversion, it would be difficult for staff to refuse additional applications. With available housing stock diminishing because of a moratorium on development, we are getting more and more questions regarding conversion of apartments to condominiums. Again, many of these requests for conversions are in apartments that appear to be poorly designed for home ownership. Also, conversion takes away needed rental units from the people who are the least mobile in the housing market. Staff now feels that a moratorium should be placed on the acceptance of condominium conversions, even though the demand on the sewer will not be increased by such conversion. This moratorium should be in effect until the City adopts condominium and condominium conversion standards. Staff anticipates preparing the condominium ordinance after the completion of the first-phase sewer allocation program and the three zone code amendments presently being processed are through the public hearings; i.e: Senior Citizen Housing, Residential Estate, Extensive Commercial. EXHIBIT Urgency Ordinance /*7/^)~ , placing a moratorium on accepting applications for conversion of apartments to condominiums. RECOMMENDATION: If Council concurs, set to Public Hearing on 1-17-77 FORM PLANNING 73 -2- AGENDA BILL NO. 5181 - Supplement #1. January 3, 1978 Council action 1-3-78 Following discussion staff was instructed to set the matter for public hearing on January 17, 1978. 1-17-78 Following the public hearing Ordinance #9495 was adopted as an urgency ordinance, placing a moratorium on accepting applications for conversion of apartments to condominiums, with the addition to Section 1 that this ordinance shall not apply to subdivisions for which applications were on file or tentative maps approved prior to January 17, 1978. 1 2 *< 8 O u. ^ g g?S§o c > ^ G 5 2si-ao-Si = 2|P 3>^ 5 r °o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9495 AN INTERIM ORDINANCE OP THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE PROHIBITING THE PROCESSING OF SUBDIVISIONS FOR THE CONVERSION OF EXISTING STRUCTURES TO CONDOMINIUMS. WHEREAS, the Planning Director reported to the City Council on September 6, 1977 that problems had arisen in connection with the conversion of existing structures to condominiums. The primary problem was the lack of any ordinance regulating such conversions and, in particular, the lack of any standards for such things as curb cuts, on-site parking and ammenities for home ownership living; and WHEREAS, pursuant to City Council direction the Planning Department has been working on the problem of condominium conversions and is considering, among other things, changes in the existing zoning and subdivision ordinances to include standards for the conversion of condominiums; and WHEREAS, upon the recommendation of the Planning Director/ the City Council set a public hearing on the question of whether or not the public interest requires the temporary prohibition of condominium conversions until the study can be completed; and WHEREAS, on January 17, 1970, a duly noticed public hearing was held, at which time all interested persons were heard. At the conclusion of said hearing the City Council determined that the public interest requires the temporary prohibition of con- dominium conversions; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California, as follows: mto O"- = 5 ° ° 2 12 v 01 £o r > rr z ^ 8 oUJ Z CN rfo cc - S o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: Notwithstanding any other provisions of thei Carlsbad Municipal Code to the contrary, applications for any subdivision which' involves the conversion of an existing structure to a condominium shall not be accepted, processed or approved within the City of Carlsbad. This ordinance shall not apply to subdivisions for which applications were on file or tentative maps approved prior to January 17, 1978. SECTION 2: This Interim Ordinance is adopted as an urgency measure pursuant to California Government Code §65858, for the reasons set out in the recitals hereto and shall take effect immediately. The ordinance adopted after a properly noticed public hearing shall be for one year, unless earlier repealed. SECTION 3: The City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after it is adopted. 'APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 17th day of January , 1978, by the following vote, to wit: AYES: NOES: ABSENT: None Councilmen Frazee, Lewis, Packard, Skotnicki and Counci Iwoma-n Casler None ROBERT C.. FRAZEE, May ATTEST : HGARST E. ADAMS, city clerk (SEAL