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
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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.
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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:
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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