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.
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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 ~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
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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, 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.
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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 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: _-