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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. ! i PAU D. BUSSEY City Manager PDB:ldg i t i i