HomeMy WebLinkAbout1980-03-04; City Council; 6185; Moratorium on condominium conversionsCITY OF CARLSBAD
AGENDA BILL NO. /p / J>^T Initial:
Dept.Hd.
DATE: March 4, 1980
DEPARTMENT: City Attorney C. Mgr.
Subject:
MORATORIUM ON CONDOMINIUM CONVERSIONS
Statement of the Matter
The City Council, at your February 19, 1980 meeting, directed
the City Attorney to return with an ordinance which would
impose a temporary moratorium on condominium conversions.
The ordinance, with the recitals containing justification for
that proposed action, is attached.
Shortly after the adoption of a previous moratorium, Council
amended it to allow the conversion of individual duplex
units in the R-2 Zone. In keeping with that action, a
similar exception has been included in the attached ordinance.
Exhibits
Ordinance No. 9<5" V 7
Recommendation
If the City Council after the public hearing wishes to
impose a moratorium, your action is to adopt Ordinance
No. 95'J'f (a 4/5th vote is required).
Council Action:
3-4-80 Council adopted Ordinance 9547, prohibiting the processing of subdivisions
for the conversion of existing structures to condominiums.
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ORDINANCE NO. 9547
AN INTERIM ORDINANCE OF 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, at public hearings before the City Council on
February 20, 1980 it became apparent that problems had arisen
in connection with the ordinance regulating the conversion of
existing structures to condominiums. The primary concerns were
the lack of any recognition of the problems conversions cause
for the tenants and the effects of conversions on the City's
stock of low and middle income housing; and
WHEREAS, pursuant to City Council direction, the Planning
Department has been working on extensive revisions to the City's
Housing Element of the General Plan which will address, among
other things, the City's obligations under state law to consider
housing for all income levels and measures to preserve the City's
existing stock of low and moderate income housing; and
WHEREAS, it will be necessary to adopt amendments to the
existing zoning and subdivision ordinances in order to implement
the revised Housing Element which could include additional
standards for the conversion of condominiums; and
WHEREAS, 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
Housing Element revisions can be completed, and any necessary
implementing ordinances adopted; and
WHEREAS, on March 4, 1980, a duly noticed public hearing
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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
condominium conversions;
NOW, THEFEFORE, BE IT ORDAINED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1: Notwithstanding any other provisions of the
Carlsbad Municipal Code to the contrary, applications for any
condominium permit or any subdivision which involves the
conversion of an existing apartment 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 tentatives maps were approved prior to February 19, 1980
or to individual duplexes in the R-2 Zone.
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.
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APPROVED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held
on the 4th <^aY of March 1980, by the following vote,
to wit:
AYES:
NOES:
ABSENT: None
Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
None
RONALD C. PACKARD, Mayor
ATTEST :
K- v\
ALETHA L. RAUTENKRANZ, City Clerk J
(SEAL)