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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