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HomeMy WebLinkAbout1978-12-05; City Council; 5181-4; Condo conversionsCITY OF CARLSBAD AGENDA BILL NO. 5181-Supplement 4 Initial: Dept.Hd. DATE: December 5, 1978 c> Atty.Vfc DEPARTMENT: City Attorney C. Mgr. "R Subject: CONDO/CONDO CONVERSIONS — ZCA-94 Statement of the Matter The City Council at your November 21, 1978 meeting directed the City Attorney to prepare the necessary documents amending Title 21 of the Carlsbad Municipal Code by the addition of Chapter 21.47 to adopt regulations for condominiums and condominium con- versions. An ordinance adopting ZCA-94 is attached. Exhibit Ordinance No. Recommendation If the City Council concurs, Ordinance No. ty^f/b should be introduced. Council Action: 12-5-78 Ordinance 9516, amending Title 21 of the Carlsbad Municipal Code by the addition of Chapter 21.47 to adopt regulations for condominiums and condominium conversions was introduced for a first reading by title only. 12-19-78 Ordinance 9516 was given a second reading and adopted. 1 t 1 * i 1 2 3 4 5 6 7 8 9 10 11 o 12 < 3 g 1355 < alil »sil§ ^"••^is z "J 8 a • 16UJ H CM <0 E «> It 1 17: * g W 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 TO ADOPT REGULA- TIONS FOR CONDOMINIUMS AND CONDOMINIUM CONVERSIONS. * The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.47 to read as follows: "Chapter 21.47 CONDOMINIUM AND CONDOMINIUM CONVERSIONS Sections: 21.47.010 Intent and purpose. 21.47.020 Application. 21.47.030 Condominium permit application. 21.47.040 Filing fees. 21.47.050 Transmittal to the Planning Commission. 21:47.060 Planning Commission report. 21.47.070 City Council determination. 21.47.080 Final condominium plan. 21.47.090 Expiration, extension, revisions. 21.47.100 Exception. 21.47.110 Design criteria. 21.47.120 Development standards, non- residential condominiums . 21.47.130 Development standards, residential condominiums. 21.47.140 Maintenance. 21.47.150 Conversion of existing buildings to condominiums. 21.47.160 Notice to tenants of existing buildings being converted to condominiums . 21.47.010 Intent and purpose." The intent and purpose of this chapter is to establish standards for condominiums in order to: (1) Provide standards to regulate the design or location of buildings in a condominium project pursuant to Section 66427 of the Subdivision Map Act. (2) Provide a method to approve separate owner- ship 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 develop- ment for condominiums is reasonably consistent with other forms of development intended for separate ownership. 1 2 3 4 5 6 7 8 9 10 11 12 1 13 du^sl 149°ii UIO S 15 S 16 < S O 2 17 18 19 20 21 22 23 24 25 26 27 28 (4)' Provide for conversion of existing develop- ments 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 * For purposes of this chapter condominiums shall include community apartments and conversion of existing developments to condominiums or community apartments. 21.47.020 Application. The provisions of this chapter shall apply to condominiums and community apartments as defined in Section 783 of the Civil Code and Section 11004 of the Business and Profession Code and to the conversion of existing structures to condominiums or community apartments. 21.47.030 Condominium permit application. (a) A condo- minium permit shall be required for all condominiums to be constructed in the City of Carlsbad. Application for a condominiun permit shall be made to the City Council through the Planning Department and Planning Commission in accordance with the pro- cedures set forth in this chapter. (b) An application for a condominium permit may be made by the record owner or owners of the property on which the development 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 plans in sufficient detail to allow review pursuant to the chapter, 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. (c) 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. Approval of both a subdivision map and a condominium permit is required in order to proceed with development of a condominium. (d) The application shall be accompanied by drawings indicating the site plan of the proposed buildings and a land- scape plan. (e) If the applicant contemplates the construction of a condominium in phases, the application shall so state and shall include a proposed construction schedule. (f) If the project is to provide open areas 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. (g) 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. 21.47.040 Filing fees. The filing fees for a condominium permit shall be in an amount as the City Council may by resolution establish. 2. o CO!3 1 2 3 4 5 6 7 8 9 10 11 12 13 dJ-Hjl 14 it<§ 15 h- ^" -, » T C.*— uj o -^ JLOirl 17< <>- ° 5 18 19 20 21 22 23 24 25 26 27 28 21.47.050 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 dis- cretionary permit, it may be considered by the Planning Commission concurrent with their consideration of such 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 consideration. 21.47.060 Planning Commission report. The Planning Commission shall consider the application for condominiums and shall prepare a report and recommendation for the City Council. 21.47.070 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, the general plan and any applicable specific plans. 21.47.080 Final condominium plan. After approval of the condominium permit, the applicant shall prepare a reproducible copy of the approved condominium site plan known hereafter as the final condominium plan, which shall incorporate all requirements of the condominium permit approval. The final condominium plan shall be submitted 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 satisfactorily met or otherwise guaranteed. 21.47.090 Expiration, extension, revisions. The expiration, extension or revision of a condominium permit shall be governed by the provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative subdivision map. 21.47.100 Exception. (a) Condominiums with four or less units shall be approved in accordance with the provisions of this section. (b) A "site plan for such projects which include all design criteria and development standards as contained in this chapter shall be submitted to the Planning Director who may approve, conditionally approve or disapprove the plan. The Planning Director's decision may be appealed in accordance with the pro- cedures of Section 20.24.140 of the code regarding parcel maps. (c) An application for a site plan shall be accompanied by an application for a minor subdivision in accordance with the procedures of Section 20.20 of the code. Approval of both a site plan and a minor subdivision is required in order to proceed with development of a.condominium of four or less units. 21.47.110 Design criteria. The following design criteria shall apply to all condominiums: 3. COto cc < it> o 1 2 5 4 5 6 7 8 9 10 11 12 8 13 I 14 § 15 a- 16 1 17 18 . 19 20 21 22 23 24 25 26 27 28 (1) The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelation- ships, 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 circu- lation, 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 disruptive 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 areas 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. 21.47.120 Development standards, non-residential condo- miniums . In addition to any requirements that may be imposed as conditions of approval for a condominium, a condominium development for non-residential structures shall meet all development standards of the underlying zone. 21.47.130 Development standards, residential condominiums. In addition to all provisions of the underlying zone, and all requirements that may be imposed as conditions of approval for a condominium, .a" residential condominium shall comply with the following standards: (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' whert 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. 4. § § -:OC 8IE < o> o-""* 9 ° i io> >o5 t < £ O ^ —J - QJ O t UJ 5 X"Z. ir o Q S|=.^ it 3> h <r u 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (B) Building setbacks from private drive- ways shall not be less than 10', except garages entered directly from the private driveway may either be set back 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 Condominiums with ten dwelling units or less. Condominiums with more than 10 dwelling units. Amount of Visitor Parking 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. (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 provided 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. Q (/) 03 • OC fMS < o>VINCENT F. BIONDO, JTTORNEY - CITY OF C1200 ELM AVENUERLSBAD, CALIFORNIA- > « 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) Refuse Area. Centralized refuse pickup areas shall be required for development with five or more units unless condominium plans specifically show provisions for indi- vidual pickup. Centralized refuse pickup areas shall be con- structed of 3V portland cement concrete floor, 6' 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 yai^d container for every 10 living units. (6) Storage Space. Storage space of at least 480 cubic feet in area shall be provided for each unit. This space shall be enclosed, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closet and other indoor storage areas that are normally part of a resi- dential dwelling unit. (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 provided 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 preser- vation. 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 6. to S S< 8 z"8dsl*l o 1 2 Z 4 5 6 7 8 9 10 11 12 § 13 lsii 14 I— ^ LL- 1 CT5 R < -, -Lt> 16 «! 17 S 18 19 20 21 22 23 24 25 26 27 28 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, community 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. (11) Utilities. (A) Separate gas, and electric services shall be required for each unit. Meters may either be at the unit or in easily located clusters. (B) Separate water service shall be re- quired 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. (C) 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. (D) Separate water meters for water ser- vicing common landscape and recreation areas are required. (E) All distribution utilities shall be placed underground. (12) Private Streets. If private streets are contemplated, the application shall so indicate. The City Council may approve or disapprove private streets as a part of their action on the application. If the City Council approves private streets,' they shall be constructed in accordance with such standards as the Council may require as a condition of approval for the condominium. 21.47.140 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 maintain 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. 21.47.150 Conversion of existing buildings to condominiums. (a) Conversion of existing buildings to condominiums shall be processed in the same manner and meet all the standards pre- scribed in this chapter for a condominium. In addition, the structure to be converted must meet present City building regula- tions. (b) An application for conversion of an existing structure to a 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 sytems is acceptable. 7. o </> S :u. «,< o> > o m — *f — UJ Z N ^o 5£ " 2 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 21.47.160 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 condo- minium 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 conver- sion. The provisions of this subdivision shall 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 1941.2 of the Civil Code. (2) Each of tenants of the proposed condominium or community 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 2: Upon the effective date of this ordinance, 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. 9515 , is hereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at" a regular meeting of the Carlsbad City Council held on the 5th day of December , 1978, and thereafter 8. E< Ul ^ zp ^ o 1 2 3 4 5 6 7 8 9 10 11 12 § 13 | 14 § 15 d 16 mCO 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said Council held on the T9th day of December , 1978, by the following vote, to wit: AYES: NOES: ABSENT: None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler None ATTEST : RONALD C. PACKARD, Mayor 1?*I/ \ A^L L.ETHA L. RAUTENKRANZ, City q$erk (SEAL) 9.