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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. o § 1 n: < en0 <°" "- ^ ^°° ii2 > w o9 i- 5 u.m£5 5 i fe||o- 0 & ~ m 2O CO > 1— cc . o h-o 1 2 •6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 00 -t -7g 13*< s o " s s 14o o i £ "- ' s o £ | 8 O 16UJ H tN <o cc *"" co51 O 1/3 18 19 20 21 22 23 24 25 26 27 28 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. -2- o-s ui O 8 a 0 £ "~ mZ O (a 1 2 3 4 5 6 7 8 9 10 11 12 13 l£>2 15m 16 « 17 19 20 21 22 23 24 25 26 27 28 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)