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HomeMy WebLinkAbout1978-11-21; City Council; 5181-3; Condo conversions— "-—- (^7CITY OF CARLSBAD / .*( . - AGENDA BILL NO. 5181 Supplement 3 _ Initial Dept. Hd. j DATE: _ November 21, 1978 _ C. Atty. C. Mgr. /a/ DEPARTMENT: _ Planning _ SUBJECT: CONDO/CONDO CONVERSIONS, ZCA-94 Statement of the Matter At the October 24, 1978 meeting, the City Council completed its review of subject Ordinance amendment and directed staff to incorporate certain changes and study some aspects further. Along with the draft ordinance staff has submitted a report explaining the changes that were made and the further studies as requested. Exhibits Memo from James Hagaman, dated November 7, 1978 Exhibit A, dated October 24, 1978 Recommendation If the City Council is satisfied with the changes to the draft Ordinance you should direct the City Attorney to prepare an Ordinance approving ZCA-94 per draft Ordinance dated October 24, 1978 and with changes you may find appropriate. Council action: 11-21-78 Council instructed the City Attorney to prepare an Ordinance approving ZCA-94 per the draft ordinance dated October 24, 1978, and per Council discussion. Council directed staff to set the matter of private BP:ms street requirements to appropriate public hearings, enc. 11/14/78 MEMORANDUM DATE: November 7, 1978 TO: Paul Bussey, City Manager FROM: James Hagaman, Planning Director SUBJECT: ZCA-94, Report back to City Council At their October 24, 1978 meeting regarding ZCA-94, the City Council completed its review, closed the hearing and directed Staff to prepare an ordinance incorporating certain changes. The ordinance has been completed and labeled Exhibit A, October 24, 1978. Staff prepared the Ordinance based on the minutes and staff notes. Most changes made by the City Council were clear to Staff, however, Council directed further study on a couple of issues. Therefore, there may still be some question on the ordinance. I have prepared this memo partially as a clarification of what staff has done in the drafting of the ordinance and the further study as directed by the City Council. A section by section discussion is as follows: Section 1. Intent and Purpose. The draft sub-paragraph 4 has been deleted and the remaining 2 sub-paragraphs renumbered accordingly. Section 2. Application. No change. Section 3. Permit Application. Has been redrafted using the PUD chapter as a basis. The term "condominium permit" has been used consistently in this section as well as the rest of the ordinance. A site plan is to be a part of the condominium permit application. Sections 4-10. The only changes are for consistency in terms, especially "condominium permit". Section 11. Change paragraph 2 by modifying "recreational facilities" to "open recreational areas". Section 12. No change. Section 13. Development Standards. 1. Setbacks. The City Council suggested that this section be modified by adding graphics to illustrate the requirements or rewording the section for clarity. Staff felt that the editing and correcting of typographical errors should make this sub-section adequately clear, even though it will require deliberate reading. The definition of private street was also edited for clarity. However, specific criteria such as width of the street was not placed in this definition because more appropriately it belongs in the curb cut and driveway standards presently being prepared by the Engineering Department. Memo - Paul Busse November 7, 1978 Page two 2. Parking. The City Council discussed two possible alternatives for parking requirements. One was to require that only one space be covered; this will provide for additional spaces that can be used for visitors and reduces the use of the cover spaces for storage. It also maintains the proposed parking ration, which is generally lower than the present R-l-7500 development (two car garage, two on the apron and two on the street), however, it is a higher requirement than for apartments in the present multiple family zoning. (Generally 1% spaces per unit). The second alternative was to base the parking requirement on bedrooms. This is consistent with the present standards of the code and follows a generality that larger units have a greater parking demand. However, staff feels that this general rule does not always apply, and it promotes the design of smaller units to reduce parking requirements. For more information to determine the proper method of determining parking, City Council asked staff to review parking ratios of approved condos to determine parking required by this proposed ordinance versus (parking provided). The results of our survey are: Condominium, Jerez Court, La Costa, CT 77-18. Nineteen units, requiring thirty-eight covered (provides thirty- eight requiring eight visitors (provides twenty-one visitors of which twelve are on-site, nine are on-street). Condominium on Jerez Court in La Costa, CT 78-2. Five units requiring ten covered (provides ten covered), requiring three visitors (provides three visitors on-street but one on-site). Condominium 77-5, Walnut and Lincoln. Forty-eight units requiring ninety-six covered(provides ninety-six covered), requiring fifteen visitors (provides thirty-one on-street visitors, none provided on site). These examples are from recently-approved plans and generally have higher standards than the older units. Staff attempted to review earlier condominiums especially those built in the La Costa area during the years of 1972 and 1973. The files of the tentative maps that we reviewed only showed a 1-lot subdivision as required in those years. Some maps have the outline of buildings but there is no parking shown on the plans because at that time such details were to be determined with the building permits. The building permits however are stored on microfile in San Diego and are therefore not easily available for this review. However, staff felt it was not necessary to review further since it appears that the code can be met by today's building and marketing practices. From this review and our analysis, staff suggests that the parking ration be retained as submitted by the Planning Commission, but that the covered parking be reduced to one space. This is suggested because the parking ratio appears to be appropriate and uniform application will preclude building design to meet parking requirements. The one Memo - Paul Bussey November 7, 1978 Page three covered space will provide more visitor spaces and reduce use of covered spaces for storage. It still permits, however, construction of two covered spaces if desired. If, however, City Council wishes parking spaces to relate to the number of bedrooms, the following changes could be made to subparagraph II, Parking: 2. Parking. Except for the special parking requirements in the R-W Zone district, parking shall be provided as follows: a. Number of covered spaces required for the unit, (1) studio and one bedroom, 1.50 spaces per unit, (2) two bedroom, 1.75 spaces per unit, (3) three bedroom and more, two spaces per unit. b. In addition to the above, visitor parking shall be provided as follows: (Requirements as presently recommended) This amendment is based on the present code except for covered requirements, which can be easily modified by requiring only one or none of the spaces to be covered. 3. Construction of Parking Areas; No change. 4. Screening of Parking Areas. City Council suggested the use of landscape as an alternative to wall. Staff recommended that the buffer be 10 feet wide to insure proper growing area for the necessary trees and shrubs. 5. Refuse Area; At the suggestion of the City Council, staff added that alternative materials can be used if specifically approved. Staff feels that material required in the recommendation is best for all circumstances, but agreed that in some cases alternative material may be adequate if not equal. 6^. Storage Space: The ordinance as prepared by the Planning Commission calls for storage in a room and provides space for bikes, laundry machines, etc., as well as closets for general storage. City Council, however, suggested that this requirement be drafted based on a cubic area. Staff still believes "room" storage is superior. Section 8. Open Recreational Areas; No change. Section 9. Landscaping; No change. jection 10. Signs; No change. Section 11. Utilities; Water Meters; The City Council wished the recommendation be changed from requiring separate water services for each unit, to either one meter per building, or the determination of separate meters based on Memo - Paul Bussey November 7, 1978 Page four the size of the unit. Our findings are: The present proposal requires water meters for all units, this helps in collection of bills, saves water by making each owner responsible for their own use and is fair in that each owner pays only for their water use. Nevertheless, separate meters increases the construction costs for multiple unit buildings, and makes it more difficult to provide energy efficient systems such as solar heating or cir- culating hot water. Also, the siting of separate meters will require a great deal of yard space. A method suggested during the City Council deliberations is the method used by CMWD (a copy of their letter and plan is attached to Agenda Bill 5181 supplement #2). This method requires (a) one separate water meter per individual home on separate lots (b) separate water meters for each unit for attached townhouses (c) A master meter when there is one multiple building per lot, and the unist share a common floor/ceiling (d) Master meter for each building when more than one multiple building is on a single lot. This method provides for separate water meters when best suited and does not re- quire a "spaghetti" network of waterlines to serve multi-storied buildings. Also suggested at the City Council meeting were meters based on the size of the unit. It was suggested that units over 1200 square feet be required to have water meters. This generally distinguishes between family units with higher water use and vacation or light use units where water use is low. It will also provide a method to determine when to require such meters. However, the criteria is arbitrary and no guarantee that it will meet the general distinction between family units and facation units. Also, there may be a tendency to design units to meet this requirement. Staff has incorporated the method used by CMWD in the ordinance. Vents; Staff reviewed this requirement with the building department and now feels that it is no longer needed. Present building code requires that each unit have a separate vent system, but that the vents of various units can be gathered for one outlet through the roof. This along with the sound transmission controls adopted on April, 1978, will give effective noise control. Section 14. Maintenance; No change. Section 15. Conversion of Existing Buildings to Condos: No change. Section 16; The City Council requested that the title be changed to be more appropriate to the regulations. Section 17: Expiration of Moratorium for the Conversion of Existing Structure to Condominium; This is a new section suggested by the City Council that will automatically delete the present moratorium on condo conversion at the adoption of the ordinance (ZCA-94) EXHIBIT "A" OCTOBER 24, 1978 ZCA-94 CONDOMINIUM AND CONDOMINIUM CONVERSION CHAPTER 21.47 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. 4) Provide for conversion of existing developments to condominiums or community apartments, provided such conversion meets the intent of this chapter and standards which apply to units constructed as condominiums or community apartments. 5) For purposes of this chapter condominiums shall include community 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 structures to condominiums or community apartments. SECTION 3. CONDOMINIUM PERMIT APPLICATION. Application for a condominium permit shall be made to the City Council through the Planning Department and Planning Commission in accordance with the procedures set forth in this chapter. (1) An application for a condominium permit may be made by the record owner or owners of the property on which the dev- elopment is proposed to be constructed. The application shall be filed with the secretary of the Planning Commission upon forms provided by the secretary and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use. The Planning Director may prescribe the form and content for such applications. (2) The application shall be accompanied by a tentative map which shall be filed with the secretary of the Planning Commission in accordance with procedures set forth in Chapter 20.12. (3) The application shall be accompanied by drawings indicating the site plan of the proposed buildings and a land- scape plan. (4) If the applicant contemplates the construction of a condominium in phases, the application shall so state and shall include a proposed construction schedule. (5) If the project is to provide open ares and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the City, for the preservation and maintenance of the common elements of the property. (6) If the applicant proposes to convert existing buildings to a condominium, the plans shall reflect the existing buildings and show all proposed changes and additions. SECTION 4. FILING FEES. The filing fees for a condominium permit shall be in an amount as the City Council may by resolution establish. SECTION 5. TRANSMITTAL TO THE PLANNING COMMISSION. The Planning Director shall transmit the application for a condominium permit, together with his recommendation thereon, to the Planning Commission 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 which the Commission will consider the matter at least seven days prior to such considerations. SECTION 6. PLANNING COMMISSION REPORT. The Planning Commission shall consider the application for condominiums and shall prepare a report and recommendation for the City Council. SECTION 7. CITY COUNCIL DETERMINATION. The City Council may approve,conditionally approve or disapprove a condominium permit. Such determination shall be made in accord with this Code, general plan and any applicable specific plans. SECTION 8. FINAL CONDOMINIUM PLAN. After approval of the condo- minium permit, the applicant shall submit a reproducible copy of the condominium site plan known hereafter as the final condominium plan, which incorporates all requirements of the condominium permit approval to the secretary of the Planning Commission for signature. Prior to signing the final condominium plan, the secretary shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satis- factorily met or otherwise guaranteed. SECTION 9. EXPIRATION, EXTENSION, REVISIONS. Approval of a condominium permit shall expire as per Section 20.12.100, and may be extended as per Section 20.12.120 of the Subdivision Regulations. 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, .2 a site plan of the condominium shall be submitted along with the parcel map including all design criteria and development standards as contained in this chapter for the approval by the Planning 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. SECTION 11. DESIGN CRITERIA. The following design criteria shall apply to all condominiums. (1) The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located. (2) The Plan shall provide for adequate circulation, off- street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site. (3) The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive 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 common open spaces provided. (6) Pedestrian circulation shall be safe, properly lighted and integrated to provide walkways between public streets, parking 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 STANDARDS, 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 underlying zone. SECTION 13. DEVELOPMENT STANDARDS, RESIDENTIAL CONDOMINIUMS. In addition to all provisions of the underlying zone, and all conditions that may be placed on an application for condominiums, a residential condominium shall comply with the following additional standards: .3 (1) Setbacks. Special building setbacks or yard requirements from private streets, private driveways, and open parking areas are required as follows: A) All structures shall be set back from the right of way of a private street at least ten feet, except parking structures with an entrance at approximate right angles to the private street shall maintain a minimum setback of twenty-five feet from the pedestrian walkway or curbline if a walkway does not exist. A private street is a private driveway with a length greater than 300' if closed at one end, or 600' where access is provided at both ends, and serving 30 or more parking spaces, or serves the purpose of a public street as determined by the City Engineer. B) Building setbacks from private 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 maximize 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 follows: A) A minimum of two parking spaces is required for each dwelling unit, of which at least one shall be covered within a garage or carport. B) In addition, visitor parking shall be provided as follows: Development Amount of Visitor Parking Condominiums with ten dwelling units or less. Condominiums with more than 10 dwelling units. One space for each two dwelling units or fraction thereof. Five spaces for the first 10 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 public 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 extend into any portion of a driveway opening. .4 (3) Construction of Parking Areas A) Construction of uncovered parking stalls and turnaround space shall be a minimum of two inches of asphaltic concrete on four inches of decomposed granite or equivalent construction. B) Construction of covered parking stalls shall be a minimum of 3% inches of portland cement concrete. C) Concrete wheel stops shall be proved 2%' from the end of each parking stall that abutts walls, fences, walkways, or wall of buildings. (4) Screening 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, or by a 10' wide landscaped area containing adequate amount and types of trees and shrubs to reduce headlight glare from adjacent properties. If such parking area is visible from an adjacent public street, it shall be screened from such street by a thirty-six inch high view obscuring wall or fence that is at least ten feet from the exterior property line, or landscaped area containing adequate amount and type of trees and shrubs, to obscure parking lot from the public. (5) Refuse Area Centralized refuse pickup areas shall be required for development with five or more units unless condominium plans specifically show provisions for individual pickup. Centralized refuse pickup areas shall be constructed of 3V portland cement concrete floor, 61 high masonry walls and metal framed solid gate, unless adequate alternative materials are specifically approved as part of the condominium permit. 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. (6) Storage Space Each unit shall contain storage space of at least 480 cubic feet in area. This space shall be enclosed and meet building code requirements. Covered parking spaces shall not be considered meeting this requirement, but the storage space may be designed as an enlargement of the required covered parking structure. .5 (7) Laundry Facilities Laundry facilities are required either individually for each unit or as a common facility. Plumbing and utilities for such facilities shall not be located within a wall common with a dwelling unit. (8) Open Recreation Areas Open recreation area(s) are required and shall be situated at each unit as a privately owned area, separate from the units for common use, or in combination of private and common. Open recreation area(s) shall be provided as follows: A) Areas designated for open recreation uses shall be pro- vided at a ratio of 200 square feet per dwelling unit. B) The 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) Credit may be given for commonly owned indoor recreation areas on an equal basis up to fifty percent of the requirement. D) The City may require the preservation of scenic natural features such as rock outcroppings, creeks, wooded areas, 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. Areas graded with slopes greater than 15% are not considered meeting the intent of this paragraph. E) Areas may be patios, balconies, swimming pools, tennis courts, children's playgrounds, picnic areas or other similar areas, or further it may be provided on adjacent recreational areas, provided they are non fee bearing and of sufficient size to be useable. F) This area shall not be situated in any required front yard, (9) Landscaping A landscape and irrigation plan shall be submitted with the condominium application indicating plant type and irrigation design. Wherever possible, this plan shall include water conservation measures and low maintenance landscaping. (10) Signs In addition to signs allowed by the underlying zone, com- munity identity signs identifying condominium developments with five or more dwelling units may be approved by the City Council provided the signs are in conformance with community identity sign provisions of Section 21.41.075. .6 (11) Utilities (1) Separate gas, and electric services shall be required for each unit. Meters may either be at the unit or in easily located clusters. (2) Separate water service shall be required for detached units and units that share a common wall (wall is not the combination of floor and ceiling). Meters may either be at the unit or in easily located clusters. (3) Common water service is permitted for multi-storied buildings where units share a combination of floor and ceiling. However in developments with more than one main multi-storied building, this permitted common meter is required for each main multi-storied building. (4) Separate water meters for water servicing common land- scape and recreation areas are required. (5) All distribution utilities shall be placed underground. SECTION 14. MAINTENANCE. All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities, and other 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 CONDOMINIUMS. Conversion of existing buildings to condominiums shall be processed in the manner prescribed in this chapter and meet all requirements of a condominium and present City building regulations. The City Council may if it so desires provide exceptions to these standards for buildings constructed prior to (date of ordinance adoption) before nay exception may be granted, it shall be shown by fact that: 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 enjoyment of a substantial property right possessed by other property in the City. 3. The granting of such exception will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. The granting of such exception will not adversely affectthe comprehensive general plan. .7 A condominium application for conversion to condominium shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems is acceptable. SECTION 16. NOTICE TO TENANTS OF EXISTING BUILDINGS BEING CONVERTED TO CONDOMINIUMS. In addition, to all other required findings for a subdivision, the City Council shall find that: (1) Each of the tenants of the proposed condominium or community apartment house project has been or will be given 120 days' written notice of intention to convert 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 provision of services, 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. SECTION 17. EXPIRATION OF MORATORIUM FOR THE CONVERSION OF EXISTING STRUCTURE TO CONDOMINIUM, upon the effective date of this chapter,the Interim Ordinance prohibiting the processing of subdivisions for the conversion of existing structures to condominiums adopted by Ordinance No. 9495, as amended by Ordinance No. 9497, and as extended by Ordinance No. , is hereby repealed. .8