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HomeMy WebLinkAbout1978-12-05; City Council; 5367-3; Condominium Conversion MoratoriumCITY OF CARLSWiD AGENDA BILL NO. DATE: December 5, 1978 DEPARTMENT: Planning SUBJECT: Condominium Conversion Moratorium Statement of the Matter Initial Dept. HAW ..1C* C. Atty. C. Mgr. As per Ordinance 9495 the City presently has a moratorium on the conversion of existing structures to condominiums. It was adopted to provide time for the City to adopt condominium regulations while not having to be processing applications for conversion. This moratorium will expire on January 17, 1979. On 11/21/78 the City Council directed the City Attorney to prepare documents approving the condominium regulations. These documents will also be considered on -December 5, 1978. Under normal proces- sing the condo regulations will be effective on January 19, 1978. Its also possible that the process would be delayed for any number number of reasons. This was explained to the City Council at a recent meeting. .. To assure that there isn't a gap between the present moratorium and the effective date of the condo regulations, the City Council directed the attorney to prepare an amendment to the original moratorium ordinance for an extension of 1 year. Xn directing the City Attorney to prepare the ordinance, the City Council expressed concern that the moratorium would end as soon as the condominium ordinance became effective. To do this the condo regulations contain a paragraph deleting the moratorium on condo conversions. Therefore, the moratorium will end on the effective date of the condo regulations. Exhibits Ordinance No. 9 S'/S extension of moratorium on,condo conversion. Recommendation It is recommended that Ordinance No. _qLS_1,r be adopted. Council action: 12-5-78 Council adopted Ordinance No. 9515, an interim Ordinance RP:ms extending Interim Ordinance No. 9495 as amended by interim Ordinance 9497 to continue the moratorium on the processing of subdivisions for the conversion of existing structures to condominiums. I ORDINANCE NO. 9515 2 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 3 EXTENDING INTERIM ORDINANCE NO. 9495 AS AMENDED BY INTERIM ORDINANCE NO. 9497 4 TO CONTINUE THE MORATORIUM ON THE PROCESS- ING OF SUBDIVISIONS FOR THE. CONVERSION 5 OF EXISTING STRUCTURES TO CONDOMINIUMS. b WHEREAS, the City Council has by the adoption of Ordinance 7 No. 9495 as amended by Ordinance No. 9497 declared a City-wide 8 moratorium on the processing of subdivisions for the conversion 9 of existing structures to condominiums due to the lack of standards 10 regulating such conversions; and 11 WHEREAS, the Planning Department has not yet completed its 12 study of the amendments to the Zoning Code necessary; to establish 13 ' ge < such standards; and 9 o?¢ 14 WHEREAS, the City Council has determined that in.order to LL<LL:01 15 `.' 3 protect the public',health, safety and welfare it is necessary to 16 0 : extend said ordinances to continue the moratorium until such standards can be adopted; 18 NOW, THEREFORE, BE IT ORDAINED by the City Council of the 19 City of Carlsbad, California as follows: 20 SECTION 1: That Ordinance No. 9495 as amended by Ordinance 21 No. 9497 is hereby extended for one year to expired on the 17th 22 day of January, 1980. 23 SECTION 2: That this Ordinance extending Interim Ordinance 24 No. 9495 as amended by Interims Ordinance No. 9497 is adopted 25 pursuant to California Government Code Section 65858 for the 26 reasons set out in the recitals hereto and shall take effect on 27 the 17th day of January 1979 28 1 2 3 4 . 5 6 7 8 9 10 11 .12 13 a S-=z 14 Z W W LL 15 � W z � 16, ,Z o m >17 'x8 19 20 21 22 23 • 24 -25 26 27 28 SECTION 3: The C_�:y 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 u rca_illar meeting of the City Counoil of the City of Carlsbad, California" held on the 5th day of December , 1978 by the following Vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, Cit Clerk (SEAL) -2-