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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™ -2- 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. -2- 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. I!- -3- (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