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HomeMy WebLinkAbout1980-03-18; City Council; 6185-1; Moratorium on condominium conversionsCITY OF CARLSBAD AGENDA BILL NO. DATE:March 18, 1980 DEPARTMENT:PLANNING INITIAL Dept. Hd. Cty. Atty. Cty. Mgr. SilBTECT: MORATORIUM OF CONVERSION OF APARTMENTS TO CONDOMINIUMS STATEMENT OF THE MATTER On March 4, 1980, the City Council adopted Ordinance No. 9547 placing a moratorium of conversion of apartments to condominiums. This ordinance contains an exception that permits the conversion of duplexes in the R-2 zone. At the public hearing, two property owners in the Bristol Cove area, Mrs. Haasl and Mr. Bills, requested that this exception be expanded to permit conversion of all developments of 4 or less units. The City Council rejected this request. The day before the adoption of the moratorium, the city received 5 applications for conversion to condominums, (2 fourplexes and 3 duplexes) from the 2 people noted above. Mrs. Haasl has requested that there be further review, based on the intention of the moratorium and the special circumstances of Bristol Cove. See attached staff memo from staff's review. EXHIBTIS Memorandum from Bud Plender dated March 12, 1980 Ordinance No. 9547 -RECOMMENDATION Staff recommends that the City Council direct City Attorney to prepare documents AMENDING Ordinance No. 9547 to permit an exception to the moratorium for individual duplexes in the RW zone and direct staff to set the matter to appropriate public hearings. Council Action: 3-18-80 Council directed the City Attorney to prepare documents amending Ordinance No. 9547 to permit an exception to the moratorium for conversions in the RW Zone, and directed that the matter be set to appropriate public hearings. MEMORANDUM DATE: March 12, 1980 TO: City Council Members FROM: Bud Plender, Principal Planner SUBJECT: MORATORIUM OF CONVERSION OF APARTMENTS TO CONDOMINIUMS As stated in the recently adopted condominium conversion moratorium (Ordinance No. 9547), the primary concerns are the problems conversions cause for the tenant and the affects of conversions on the city's stock of low and moderate income housing. The moratorium contains an exception of individual duplexes in the R-2 zone, which is consistent with the city's concerns since duplexes in the R-2 zone are generally higher income housing, and because of the relative small number of units being converted have little effect on housing stock. Mrs. Haasl, an applicant for conversion of duplexes and fourplexes in the Bristol Cove area has indicated that she feels the same situation exists in the R-W zone, at Bristol Cove. This area is the only area in the city's zoned R-W and all of the units are higher income housing. Therefore modifying the moratorium to exempt projects in the R-W zone appears to be consistent with the R-2 exemption. Mrs. Haasl wishes an exemption to the moratorium for projects of 4 or less units. Although staff believes that exempting duplexes in the R-W is consistent with the exemption of the R-2 zone, we find no such rational for 3 and 4 unit projects in the R-W zone or any other zone. The higher unit projects generally have lower rental rates, therefore conversion could effect lower income groups. Also, an exemption of 3 and 4 unit projects increase the possibility for conversion of a greater number of units, causing an effect on all rental housing. Staff recommends that the moratorium be amended to exempt individual duplexes in the R-W zone along with the present exemption in the R-2 zone. BP:ar •i. o COv> u cc - 5HO c/j— h- —i> \- cc £ " 1 2 3 4 5 6 7 8 9 10 11 12 13 cf K " O- " !" | 14 16 17 18 19 20 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 ~he 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 COoo -O"-° m o 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 S z § 5 16 O ^- *~ CD r H 3 -17> t- <T J- ' < < 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, THEREFORE, 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— Q °> 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 s_ ^ Z UJ g Q 16 17 18 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 day of March 1980, by the following vote, to wit: AYES: NOES: ABSENT: None ^ 'tn,t^&' Councilman Packard, Skotnicki, Anear, Lewis and Council woman,Casler None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) RESOLUTION WHEREAS, it has come to the attention of the Board of Directors of the BRISTOL COVE PROPERTY OWNERS' ASSOCIATION that the City of Carlsbad is considering the imposition of a moratorium on the conversion of rental units into condominiums, and WHEREAS, it is the belief of the BRISTOL COVE PROPERTY OWNERS' ASSOCIATION that the sense of "community"; maintenance of the area as a desirable -residential district and further- ance of the unique quality of life found in BRISTOL COVE is best served by the encouragement of owner-occupancy within BRISTOL COVE,, and WHEREAS, the residential units within BRISTOL COVE are primarily owner-occupied condominium units; and WHEREAS, most, if not all of the rental units in BRISTOL COVE can be classified as "luxury" units; a class of rental units of which there is no shortage and the tenants of which, in most cases, can well afford to purchase housing if they desire, and WHEREAS, it is the policy of the BRISTOL COVE PROPERTY OWNERS' ASSOCIATION to encourage the construction of condo units within BRISTOL COVE and to encourage the occupancy of units by owners, and WHEREAS, said policy is furthered by the conversion of rental units within BRISTOL COVE to condominiums, NOW BE IT THEREFORE RESOLVED that the BRISTOL COVE PROPERTY OWNERS' ASSOCIATION urge the City Council of the City of Carlsbad to exempt the BRISTOL COVE area from any restrictions that may be adopted to convert rental units into condominiums. CERTIFICATION The undersigned as duly elected and acting Secretary of the Bristol Cove Property Owners' Association, hereby certifies that the copy of a resolution appearing above was adopted by the Board of Directors on the /5~^ day of -/ty?^c^L-, /9f ^ at a duly held meeting at which a quorum was present, and is a full, true and accurate copy and that the resolution has not been modified or rescinded. Dated: _-