HomeMy WebLinkAbout1978-10-03; City Council; 5598; Report on Apartment Construction Problems Associated with Condominium Conversion Moratorium' r•
CITY OF CARLSBAD
AGENDA BILL NO. IT"T 9F Initial:
October 3, 1978 Dept.Hd.
DATE: C. Atty.
DEPARTMENT: City Manager C. Mgr.
•Subject: REPORT ON APARTMENT CONSTRUCTION PROBLEMS ASSCCIATED
WITH CONDOMINIUM CONVERSION MORATORIUM
Statdment of the Matter
At an earlier Council meeting, Mr. Bart Lefferdink indicated ,
that the Condominimum Conversion Moratorium has presented him
with problems relative to the appropriate way to install hip
r water system, i.e., single or multiple.
Exhibit '
Memo to City Council from City Manager dated 9-29-78
Recommendation
That the Council either:
1. By minute action indicate a willingness to consider a
waiver of certain condominium standards for applicants
who received a building permit under the sewer allocation t
system and who apply for a condominium conversion within j
four months of the lifting of the condominimum moratorium; or
.2. Instruct the City Attorney to prepare documents amending +
Ordinance No. 9495 to pfovide for an exception to the s
ordinance for persons who received sewer under the sewer
allocation system. !
Council Action:
10-3-78 Council directed"staff to file the matter.
DATE: SEPTEMBER 29, 1978
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: APARTMENT CONSTRUCTION PROBLEMS ASSOCIATED
WITH CONDOMINIMUM CONVERSION MORATORIUM
Mr. Bart Lefferdink appeared at an earlier Council meeting and
indicated that the condominimum conversion moratorium had
presented him with a particular construction problem.
Mr. Lefferdink received sewer allocation to construct 4 units.
Since there was a time limitation on the use of those sewer
allocations, Mr. Lefferdink indicated that he pulled building
permits as apartment units since the processing of proper
documents under the Subdivision Map Act would have exceeded
time limitations under the sewer allocation. He further
indicated that it was his intention to convert the apartments
to condominimums, inmediately. The City then adopted a condo -
minimum conversion moratorium and began work on developing
condominimum standards. Mr. Lefferdink indicates a willingness
to build his apartments to those standards so that he can later
convert. The problem that he presented to Council was that he
did not know whether to put in a single water system or a multiple
water system. He is willing to meet the condominium standards as
drafted, however, no one is certain that they will be adopted in
the draft form. While Mr. Lefferdink has been the only person to
come forward and indicate such a problem, there is the possibility
that other builders or property owners will later express the need
to deviate from the condominimum standards once adopted for similar
reasons.
It is always difficult to anticipate all of the circumstances that
could arise, however, if the Council feels that relief should be
given there are several approaches that may be considered. They
are:
1. The Condominimum Standards Ordinance, as presented, contains
a provision which allows the City Council, if they so desire,
to provide exceptions to the standards for buildings constructed
prior to the date of the ordinance. If the Council feels that
this provision is likely to remain in the ordinance, you may
wish to indicate you would consider deviations to those persons
building apartments under the sewer allocation system if the
condominimum conversion is applied for within four months
after the lifting of the condominium moratorium.
Septeinber 29, 1978
Paga 2
Subject: Apartment Construction Problems - Condominium
Conversion Moratorium
2. The Moratorium Ordinance No. 9495 could be amended to
except from the moratorium, those persons given multiple
family permits under the sewer allocation system.
3. An extension of time to develop property under the sewer
allocation could be granted to those who indicate they
have similar problems. Since Mr. Lefferdink has out-
standing contracts and is under construction, he may find
that a time extension from the City is of little value.
4. The moratorium on condominiums and condominium conversions
could be lifted at this time.
It is recommended that the Council consider Option 1 or 2. If
Option 1 is chosen, it can be by minute action. If Option 2
is chosen, the matter should be referred to the City Attorney for
preparation of the appropriate ordinance. !
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PAU D. BUSSEY
City Manager
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