HomeMy WebLinkAbout1974-06-05; City Council; 3082-1; Proposed Condominium Policy•T. n E C I T O F CARLSBAD,CALIFORNIA
Aacnda Bill No. 3082 Supplement #1 Pate: June 5' 1974
Referred To:
Subject: PROPOSED CONDOMINIUM POLICY Submitted Byt:
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 conforming conversion should
be handled as a subdivision matter. 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 May^3, 1974
staff Recommendations to the City Manager:
r-
Staff recommends acceptance of the report and return to staff for necessary
documents.'
A'B N°' Da te: June 5f 1974
City Manager's Racommendation
Concur with staff recommendation.
Council'Action
6-5-74 Matter was returned to the staff for further review and
study and the matter to be returned to the Council in
two weeks or 30 days. f
-2-
Z,
MEMORANDUM
May 23, 1974
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: PROPOSED CONDOMINIUM CONVERSION POLICY
The City has been confronted with a number of requests to conv ert 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.
Proposed State Legislation (SB1847 and SB1868) suggests that condominium
conversions must:
a. Not contribute to a deficiency in rental housing
b. Meet current building and zoning codes
c. Meet other local codes or ordinances
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 a
subdivision map action, specifically a Tentative Map processes the same as
other Tentative Maps.
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 Homeowner'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.
1. Conversion must not contribute to a deficiency in rental housing
(a 1974-Postal Survey indicated a 19.4% vacancy in
apartment units in Carlsbad.)
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. That a variance may be legally granted pursuant to Sec. 65906 6.C.
a. special circumstances are applicable (ie. new parking,
setbacks, etc.
b. variance would not grant a special privilege
c. Variance must meet necessary findings Sec. 21.50.030
-3-
2. the amount of land required for additional parking.
3. 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.
4. 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 DeniecU
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.
(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.
(4) Approval of a Variance Request for parking, setbacks, etc., if
necessary.
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