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HomeMy WebLinkAbout1978-07-12; Planning Commission; Resolution 1449IF .-.< % // w Y 1 2 3 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 PLANNING (XMMISSION ESOLUTION NO. 1449 A RESOLUTION OF THE PLANNING COPPIJSSION OF THE CITY OF CARISBAD, CALIFORNIA, SETTING E'ORTH ITS FINDINGS AND FECOMMEXDATIONS FWXI'IVE TO AMENDING TITLE 21 OF THE MUNICIPAL CODE, AND 1DFE SPECIFICALZN THE ADDITICRJ OF CHAPTER 21.47 ESTABLISHING STANDARDS FOR CON"INIUMS AND APAFaMENrs. CASE NO. ZCA-94 APPLICANT : CITY OF CARLSBAD ~~~~~~~ ~~ WHEFEAS, the Carlsbad City Council directed the Planning Conmission to conduct a public hearing to consider a Zone Code Amendment adding Chapter 21.47 for the purpose of establishing standards for des@loprent or conversion of condominiums and apartments; and WHEREAS, the Planning corrnnission did hold a duly noticed Public Hearing as prescribed by law on April 12, 1978, April 26, 1978, May 10, June 12, 1978 and June 28, 1978, to consider the subject amndment; and WHEPEAS, as a result of said hearings, upn hearing and considerin! the testimny and arguments, if any, of all persons who desired to be heard, said Conmission considered all factors relating to the Zone Code Amendment and found the following facts and reasons to exist: 1) It is preferable to have a seprate chapter for condominiums rathe: ccpnbining with Planned Unit Developments. A condominium as providt this chapter is intended to be a developnt meeting all zone code requirements (whereas a Planned Unit Development processing is voluntary) . The property itself in condominiums is not being subd therefore the elaborate requirement and safeguards are not require in Planned Unit Developents. 2) The major concern with condominiums is that the quality developmen reasonably consistent with other forms of separate ownership devel1 This is desirable to insure that the condaminim project will be SuccessfUl, that the City will not be requested in the future to solve mintenance or administrative problerrs and that the quality developent in Carlsbad be minained. // -1- -5 2. , L II w w d 1 attached hereto. 4 amendment to Title 21 of the Municipal Code as set forth in Exhibit "A" 3 Carlsbad, that it does hereby reconmend approval to the City Council of i 2 NOW, -RE, BE IT RESOLVED, by the Planning corranission of the City oi dated June 28, 1978, 5 6 PASSED, APPFOVED AND ADOPTED at a regular meeting of the Carlsbad 7 City Planning Comission held on July 12, 1978, by the following vote, t 8 wit: 9 10 11 12 13 AYES: 6 NOES : None l4 I1 ABSENT: Commissioner Jose 15 16 l7 I 18 19 2o I ABSTAIN: None 21 I/ A?TEST:. 26 27 28 li -2- s w ZCA- 9 4 - yIITMA.P [' -. . -CONDOMINIUM AND CONDOEIINIUM CONVERSION CHAPTER 21 . 47 .. _. *. .. .. .- .. '. .. . 0. SECTION 1. INTENT AND PURPOSE. The intent and purpose of this. ' chapter is to establish standards for condominiums and community apartments to : 1) Provide land regulations to regulate the design or location of buildings of a condominium pursuant to Section 66427 of the State Subdivision Map Act, '2) Provide a method to approve separate ownership of units within multiple unit buildings or upon a parcel of land . containing more than one unit. . * 3) Regulate the design and location of buildings in condominium .. subdivisions to insure that the quality of development for condominiums is reasonably consistent with other forms of development intended for separate ownership, * . 1, 4). Insure proper design of condominiums in keeping with the .. .. needs and desires of owners of such condominium for the] quality of living and public service associated with property ownership, - 5) Provide for converison of existing developments to cogdominiu or community apartments, provided such conversion meets the intent of this chapter and standards which apply to units constructed as condominiums or- community apartments, 6) , For purposes of this chapter condominiums shall include .. . commullity apartments and conversion of existing developments' to condominiums or community apartments, .SECTION 2. APPLICATION. The provisions of this chapter shall apply to condominiums and community apartments as defined in Section 783 of the Civil Code and 11004 of the Business and ,. Profession Code respectfully and conversion of existing structure ,. . to condominiums or community apartments. 3 .. SECTION 3. PERMIT APPLICATION. The Planning Director shall prescribe the form for condominium applications and may prescribe 'the'type of information to be submitted, No application shall be accepted unless it complies with such requirements. The t application'after payment--of the required fee shall be filed with the Planning Director, .I.' .. .. * . . *SECTION 4'- ' FILING FEES. The filing 'fees for a condominim plan .. *.- . -sha11 be'in an amount as the City Council.may by .resolution estab] '. " "." .. a. f. . .. .. .. .. SECTION 5. TRANSMmTAL TO THE PLANNING CO~4~SIOM. ' The Plannin Director shall transmit the application for a condominium, together with his recommendation thereon, to the Planning Commis when all necessary reports and processing have'been completed When.an application is relative to another discretionary permit, it may,be.considered by the Planning Commission concurrent with 'their consideration of the discretionary permit, The Planning .Director shall notify the applicant of the date and place at whi the Commission will consider the matter at least seven days prio to such considerations, SECTION 6. PLANNING COl4iYISSION DATES. The Planning Commission shall consider the application for condominiums and shall prepare a report and recommendation. for the City Council, SECTION 7. CITY COUNCIL DETER?!INATION. The City Council may .ap?rove, conditionally approve or disapprove a condominium, Such determination shall be made in accord with the code, genera plan and any applicable specific plans, '. SECTfON 8. FINAL' CONDOMINIUM PLAN , After approval the applicant shall submit a reproducible copy of the condominium plan which incorporates all requirements of the approval to the ..,secretary of the Planning Commission for signature. Prior to 'that all applicable rgquirements have been incorporated into:the plan and that all conditions of approval have been satisfactoril met or otherwise guaranteed. -. . signing the final condominium plan, the secretary shall determin .. " SECTION 9 ,. ' EXPIRATION, EXTENSION, REVI'SIONS. Approval of a -. condominium shall expire as per Section 20,12,100, and may be extended as per Section 20,12.110, and may be revised as per Section 28,12,120 of the Subdivision Regulationg. SECTION 10,. EXCEPTION, Condominiums for four or less units may be approved by a parcel map as determined by the City Engineer and are exempted from the processing of a condominium , '.. plan. However, a site plan shall be submitted along with the parcel map including all design criteria and development standar Director. The Planning Director's decision may be appealed to the Planning Commission by the applicant, interested citizens, *. or the.Planning Director may forward the application to the Planning Commission for their final decision if so desired, .. as contained in this chapter for the approval by the Planning .. .SECTION 11. ' DESIGN CRITERIA, - The following design criteria . '.. . .. shall apply to all condominiums: . -... + (1) The overall.plan shall be comprehensive, embracing Ian '. conform to adopted plans of all governmental agencies for the , buildings, landscaping and their interrelationships, and shall . .. , *. area in which the proposed development is lcoated. . .. .. .. .;. .. .. . .:2 *. .. .. .. .. .. tL} -LLlC p&au =AQIA r&uv&uL- LVL uurrUUII -". ------ ---, - . " parking, recreational facilities and other pertinent amenities.. 'integrated, oriented and related to the topographic and natural' Buildings, structures and facilities in the parcel shall be well- '. landscape features of the site. - , .. -. - - . . .. . ._ (3') The proposed development shall be compatible with .. adjoining properties. It shall not constitute a disruptive . . ' existing and planned land use and with circhlation patterns on element to the neighborhood or community. _-- . (4) .The internal street system shall not be a dominant .'feature in the overall design, rather it should be designed for . , the efficient and safe .flow of vehicles without creating a dis- . ruptive influence on the activity and function of any common . areas and . facilities. . (5) Common areas, and recreational facilities shall be located as to be readily accessible to the occupants of the - dwelling units and shall be well related to any comon open space provided. '. c, (6) Pedestrian circulation shall be safe, properly lighted . .and integrated to provide walkways'between public streets, parkir areas, common recreation acres and the units. . - .. .. . .- .. . .. ' . (7) Buildings shall be placed on the site in a manner to . . create private areas, reduction in noise and other nuisances and .' general proper relationship with other functions of development such as parking and common recreation areas. - " -. .. .. - .) . . ""_"._.. -~-. .. .. - .. . - " . . SECTION 12. DEVELOPMENT STANDARD'S, NON-RESIDENTIAL CONDOMINIUMS, In addition to all conditions that may be placed.on application . .for Condominiums, a condominium development for non-residential .. structures shall meet all development standards of the underlyinc zone. '. . SECTION 13. DEVELOPIIIENT STANDARDS, RESIDENTIAL CONDOMINIUMS. I: addition to all provisions of the underlying zone, and all .co-nd.tions that may be placed on an application for condominiums a,residential condominium shall comply with the following additi . standards : ' ' (13- Setbacks, Special building setbacks or yard requirements . . .- "- ". from private streets, private driveways; and open parking .: .,-p--areas T.' - -.- are required as follows: , .. . i _. - . .< .. . "_ .."." --. - . ' A)-. All -structures shall be set back from the. right of way -T-"-- -structure with an entrance at approximate right angles .. setback of twenty-five feet from the pedestrian walkway Or curbliG-iYZ walkway does- not exist towards which i __ __ __~ "... - - .- of a private street at least ten feet, excepting parkin . . ..- - - " "- . ~"." . . . . ._." . " - - - i ,from a private street and 'shall maintain a minimum ' - is directed, .- .. ""_.I__ . ". ... - - . . . . - . . . . .. .. .__- -. ..._" - . . _* "".."._ . . .. .. .. .. .. ". - .. a3 " -. ._: .w " - " " - . ~- - "._ ." . - ". "_ ., .. - . " " " - . . -__" . - "~. """":. . . " . ." - -. w . .. " .- 'A'grivate street is a private driveway.with a iength . greater than 300' if closed at one end, or 600'. Where access to a public street is provided at both serves.the purpose of a public street as determined by the City Engineer. I.* a ends, and serving 30 or more parking spaces, or it it * ., .. B) Building setbacks from pri,vate driveways shall not be less than 10' except garages entered directly from the private driveway may either be setback 5 to 7' or . greater than 20'. Automatic door openers and inside opening doors may be required as a condition of approval if determined to be desirable to reduce traffic congestion and maximum safety, C) , Building setbacks from open parking areas shall not be less than 5'. (2) . Parking, Except' for the special parking requirements in 'the R-W Zone district, parking shall be provided as a. follo91s : .. A), A minimum of two covered parking spaces is required . for each dwelling unit. .. .- . B) In addition, visitor parking Shall be provided-as follows : I. Development ' Amount of Visitor Parking ~. Condominiums with ten dwelling One. space for each two' dwelli units or less. units OK frac.tion thereof. ', . Condominiums with more than . Five spaces for the first 10 '. IQ dwe1.1ing units, . units plus one space for each four dwelling units above ten .. .. or fraction thereof. C) Credit may be given for on-street parking for parking spaces available on the street directly in front and ' 'on the same side of the street as the project. An . . on-street parking space shall be at least 24' in length and not extended into any portion of a driveway opening. ' j (3):. Construction of Parking Areas _I - _. ::. . '1 .. ' A) Construction of-uncovered parking stalls and tdnaround concrete on four inches of decomposed granite or equivalent construction. . space shall be,*..a minimum of two inches of asphaltic - .. ..... .. .. .4. "* . B) Constructlon of covered parking stalls shall be a minimum of 3+ inches of portland cement concrete. 7 w C) Concrete wheel stops shall be proved 232' from the - -. __ end of each parking stall that abutts walls, fences, 'c walkways, or wall of buildings. . (4) Screeiring of Parking Area -. " " '. .- Open parking areas containing five or' more parking spaces .shall be screened from abutting residential zoned property 'by permanent buildings or alleys, or by a six-foot high view-obscuring wall or fence between the parking area and .. such abutting residential property. If such parking area .. s'creened from such street by a thirty-six inch high view- .. obscuring wall or fence that is at least ten feet from the ._ is visible from an adjacent public street, it shall be .. exterior property line. .... .. (5) Refuse Area .. r.b Centralized refuse pickup areas shall be required for ZL . . ... 'development with five or more units unless condominium *o plans specifically show provisions for individual pickup. .... portland cement concrete floor, 6' high masonry wails and The centralized refuse area shall be-accessible to refuse trucks, and not readily.visible from a public street,. The .refuse areas shall be designed to accommodate a three cubic yard container for every 10 living units. ... .. Centralized refuse pickup areas sha2'1 be cunstructed of 3+'' .. -. metal framed solid gate or other appropriate material, " ...... ... (6) Storage Room . Each unit shall contain a storage room of at least 60 square feet in area. This room shall be enclosed, meet building code requirements of a room, and have a door opening to the . .covered parking structure or outside the unit. The room maJ be used for laundry facilities as well as general storage, It may be des'igned as an enlargement of the required coverec '' parking structures. .... (7) Laundry Facilities .. Fa .. . "_ -. - Where laundry facilities are planned for the condominium, .:.. either as individual in each unit or common facilities, the . - " ". fa.-' plumbing and utilities for such facilities shall noq be loci i - .. . - .. .~ " .. . ... ........ within a common wall with another unit. .- ._._ . .. . . .,;5 .- - ... .- ..AS) Open Recreation Areas " " . " .Open recreation area(s) are. required and shall be situated i ~ ""_ . for common use, .or in combination of private and common, . 01 "-=.".I___ .. *. . .- . " ~ . ". each unit as a privately owned area, separate from the unit: ....... I I" . " " Arecreation area (s) shall.-he provided as follows: .. .. ~. " - - ". " . ~- .- - _." "_. . .I -5 " -. . .-. y .. "~ ",.. .. .. .- ....... . -.- . -. - . . ~ "" . . ." ,". "..::-- - ._ -. - * *. .. - " " . . ... .- - .......... ; w - .. I. 1. (A) . Areas designated for open recreation. uses shall be pro ' vided at a ratio of 200 square feet per dwelling unit. .. . . (B) -3he minimum lineal dimension-of - any of the areas shall *: be at least 10 feet, except balconies used for open .. . .. --recreation may qualify provided the minimum lineal .dimension is 6 . feet. " - ". . . - ". . -. .. . "- - -. - - .~ - _""." - .- .. . (C) ---Cred.it may be given for commonly owned indoor recreati r-areas on an equal basi-s up .to .fifty percent of the _. ..- -.. - - -gequirement o -. . " . .- .. (D) The City may.requare the preservation of scenic natura fegtures such as rock outcroppings, creeks, wooded are ' vistas or other features deemed worthy of preservation Credit for recreation requirements may be given on an equal ratio up to fifty percent of the requirement. A .graded with slopes greater than 15% are not considered ' meeting the.intent of this paragraph. ".. .b . (E) Areas may be patios, balconies, swimming pools, tennis -. . courts, children's playgrounds, picnic areas or other sbilat areas, .,or. flirther.'it may be provided on adjacent recreati areas., provided they are rion fee.bearing and of sufficient size t useable. . (F) .This area shall not be situated in any required front : .. -. . .. (9) .. ::. . Landscaping . - . ._. . .. . ." . - .. "___."" - ~.. . .. . ..'. " A landscape and irrigation plan shall be submitted with th . " .. -. condominium application indicating.plant type and irrigati . design. Wherever possible, this plan shall include water . conservation measures and low maintenance landscaping. . _. . - ..-. -.". " "- . -. . - , . -[lo..) . .,. - Signs .. . " - "_. ._." - -. * .. . . 'In addition to signs allowed by the underlying zone', com- I munity identity signs identifying..condominiwn developments ..- "'with five or more dwelling units may be approved by the comniunity identity sign provisions of Section 21.41.075, ,. City:Council provided the signs are in conformance with -. .. - --- - . -- " - -.. " .". - 4119. 'Utilities . .. .e A. .L " - -, :. .. - ..- .-. e.gas, water and electric services shayl be re "I-) ___" separat" "-"-""-----~ - - . .. - - . _.-I -__ - -z.-E&$-each -uni-t . .. - .- -. -,:- Meters may either be at the unit or i ~ .. : - :* .. . . .easily located clusters. .. ...I -. .. . .-. - .. . - " - .- (2l--,Separate water- -meters for water servicing common lands (3) Separate vent system shall be required for each unit. . . (4) All distribution utilities shall be .placed undergrounc " ". sicape and recreation areas are required. i .. . __ ". . " " .- .* .*. .. .. .. .. .. " ., , . . -.- , -. . . .- _. J- . . c . .. . , . .I. ..". . . - "-- - . ..- - .-. . - '*: ,* . . . ... . . .~ '. ?. . ., . .. . - . .- " . ."" I *' " 't j . .' .- .. .. . . SECTION 14.' MAINTENANCE. All private streets,: driveways, walkwa parking areas, 'landscaped areas, storage areas, screening, sewers drainage facilities, utilities-, open space,'recreation facilities '.* and otha'improvements not dedicated and accepted for public use .. .. 'shall be maintained by the property owners, Any failure to main- .. tain is unlawful.and a public nuisance endangering the health, safety and general welfare of the public and a detriment'to the surrounding community, The provisions of Section 21.45.210 shall apply to any condominium approval pursuant to this chapter. SECTION 15. CONVERSION OF EXISTING BUILDINGS TO CONDOMINIUWJ. ' . Conversion of existinq buildings to condominiums shall be proces: ' .' in the manner prescribed in this chapter and meet all requiremeni .Of a condominium and present City building regulations. The Cit: .. Council may if it so desires provide exceptions to these standarc for buildings constructed prior to (date of ordinance adoption) before any exception may be granted;it shall be shown by fact tl - ' 1, To strictly'apply the ordinance requirements would be .. .. .unfeasible, uneconomical or unfair.to the applicant. '2, Such'exception is necessary for the preservation and r4 1 :- . enjoyment of a substantial property right possessed -. 3, The granting of such exception will not be materially by other property in- the City- .. . .. ~ ,. .. .. .- 'detrimental to the public welfare or injurious to the ~ property or improvements in such vicinity.and zpne in which the property is located. - " . 4, The granting of such-exception will not adversely affa the comprehensive general plan, .. . ', A condominia application for conversion to condominium shall inc1ud.e building plans indicating how the building relates to will be required, Also, the application shall include a letter from Sari Diego Gas and Electric explaining that the Plans to acceptable . . . present building and zoning regulations and where modifications . connect the gas and electric system to separate systems is .. ._. .. ./- .- -. .SECTION 16, FINAL MAP FOR CONVERSION 'OF EXI'STING BVILDINGS TO .. final map for a Subdivision, the City Council shall find that: ..' CONDOMINIUMS. In addition to all other required findings for . - -. .. (1) Each of the t'exants of the proposed condominium or community apartment house, project has been or will be prior to termination of tenancy due to the conversion Or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their . covenants, including, but not limited to the. provisiol . given 120 days' written notice.of intention to convert .. .. .. .7 .i. e' .. " .. ; 'I .. -. of se.mices, payment of rent or.the obligations imposed by Sections 1941, 1941,.1 and 194.12 of .' . .. .. -the Civil Code. .. =. (2) Each of tenants of the proposed'condominium or com- - . munity apartment house project has been or will be given notice of an.exclusive right to contract for . ..the purchase of their respective units upon the . . same terms and conditions that such units will be 'initially offered to the general public or terms more favorable to the tenant, The right shall run for a period of not less than 60 days from the date .of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant'gives prior written notice of his intention not to exercise the right. BP/ar . 6)19/78 -_ . - .. - . -. " _" -. .. .. . .. -. .. .. .. -. . .. . , .. .. // ' . ." . '. .. e. ., 1.f. . . ". . -. # .. ~~ I .. .. * .- - .. e8' .. .. .. .. ..