HomeMy WebLinkAbout1974-05-07; City Council; 3082; Proposed Condominium PolicyCITY•THE
Agenda Bill No .
jRef erred To:
OF CARLSBAD,CALIFORNIA
Date: May 7, 1974
Subject:
PROPOSED CONDOMINIUM POLICY
Submitted By:
PLANNING DEPARTMENT
'Statement of the Matter
The City Council, at its April 16th meeting, requested staff to prepare a proposed
policy to be applied to all condominium conversions, conforming, sub-standard, or
non-conforming.
The attached report outlines conditions under which a conformina conversion could
be handled as a staff matter, if the City Council arants the appronriate authority.
The report also outlines conditions under which a non-conforming or sub-standard
condominium conversion could be approved, and the conditions under which Denial would
be warranted.
Exhibit
1.- Memorandum to City Manager dated April 2Q,
s^aff Recommendations to the City Manager:
Staff recommends acceptance of the report and return to staff for necessary documents.
AS No. Date: May 7, 1974
City Manager ' s Recommendation
Concur with staff recommendation. The matter should be
referred back to the staff for preparation of this policy
in Council Policy, form. It will also take some minor
adjustment in the City's Subdivision and/or Parcel Split
Ordinance.
Council Action
- ?- // CONTINUE. TO
CONTINUE™
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April 29, 1974
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: PROPOSED CONDOMINIUM CONVERSION POLICY
The City has been confronted with a number of requests to convert apartments to
condominiums. A number of staff memorandums have been written which address the
issues of condominium conversions. The basic issues are:
1. Compliance with current zoning ordinances.
2. Compliance with existing policies, eg., Public Facilities Policy.
3. Existence of Public Improvements, ie. sidewalks, curb and gutters, etc.
4. Provision for Homeowner's Associations and common maintenance.
5. Kind of, and quality of, recreation and open space amenities.
6. Conformance'with City adopted Building Code requirements.
7. Public Service requirements.
I do not propose to go into a lengthy discussion of the pros and cons of condominium
conversion, but recommend an analysis of each project using a given set of criteria.
I. Conversions conforming to existing Zoning, Building Code and Public Improvement
requirements:Conversions meeting these requirements should be approved as
an administrative action, providing the City Council grants the proper authority
per State Map Act.
Apartments Being Converted: must meet, or be able to meet:
a. Parcel or lot must be legally subdivided.
b. Zoning - R-3, RD-M, P-C, R-2.
c. Setbacks
d. Parking requirements.
e. Necessary public improvements, ie. sidewalks, curbs, gutters, street
lights, etc.
f. Public Facilities Policy
g. Applicable sections of Uniform Building Code.
h. Review and approve Homewoner's Association Agreements,
i. Park-in-lieu fee requirements, if conversion is less than 5 years old.
j. Recreation/Open Space amenity.
k. Improvements will be accomplished by construction or bonded Future
Street Agreement.
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II. If the Conversion is Non-Conforming in terms of Land Use:
a. A request for zone change would be appropriate as the initial action
providing:
(1) the change conforms to the General Plan.
(2) the change is not spot zoning.
(3) the change is not detrimental to the neighborhood.
b. A zone change would not be appropriate if the preceeding findings
cannot be established; therefore, the request for conversion would
be Denied.
III. If the Conversion Request is in the appropriate zone, but is sub-standard
for reason of zone requirements, ie., setbacks, etc., the ability to
conform to, or mitigate zoning requirements must be evaluated.
a. If the necessary setbacks and/or parking requirements are sub-
standard, the ability to conform would be dependent upon amount of
land available on-site for additional parking or the amount of land
available within an adjacent public right-of-way, to construct the
necessary public improvements and still have sufficient land which
may be credited for setback requirements. If the required setbacks
and parking cannot be reasonably met, the conversion should be
Denied.
b. Reasonableness should be determined by:
(1) the amount of land required for additional parking.
(2) the trade off of Recreational Facilities or Open Space amenities
for parking should not be permitted if the gain in parking is
less than 50% of the parking deficiency.
(3) the amount of land in an adjacent public right-of-way available to
obtain the necessary minimum public improvements. If future
public improvements will be pre-empted by the approval of a
conversion project, the conversion requested should be Denied.
c. All Conversions must meet as a minimum:
(1) Public Facilities Policy
(2) Inclusion of a Homeowner's Association with provisions for
maintenance. The Homeowner's Association agreement would be
reviewed, if approved by the City.
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(3) Recreational Facilities or Open Space provisions equal to or
greater than the Facilities or Provisions that exist at the
time of the conversion request.
I feel the provisions contained in this report constitute a basis for a
proposed Condominium Conversion Policy.
If you have any questions, please contact me at your convenience.
.
DONALD A. AGATEP, \
Planning Director