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HomeMy WebLinkAbout1979-04-17; City Council; 5820; Condominium Stock CooperativesCITY OF CARLSBAD ' Initial AGENDA BILL NO: ST JT£. Q _ _ ; _ Dept. Hd. . K ^ DATE: _ Apr<1 „. ,„„ _ _ <**• Cty. Mgr DEPARTMENT: Planning SUBJECT: ZCA-108, CONDOMINIUM STOCK COOPERATIVES * Statement of the Matter Presently the condominium regulations identifies condominiums as those projects as defined by the State as either a condominium or a community apartment. When drafting the regulations, staff con- sidered stock cooperatives as being identical to community apart- ments. Unfortunately recent opinions indicate that the State considers stock cooperatives as distinct from community apartments. Therefore, stock cooperatives could be constructed, or rental units converted, without processing as condominiums. Although the State may amend their definitions of condominiums to include stock cooperatives, many cities are amending their local ordinance to bring stock cooperatives in as condominiums. Staff suggests that Carlsbad do the same. Planning Commission agreed and recommended approval of ZCA-108 which considers stock cooperatives as a condominium and therefore requiring a condominium permit. Exhibits Planning Commission Resolution No. 1506 Staff Report dated March 28, 1979 Recommendation If the City Council concurs with the Planning Commission, it is recommended that you direct the City Attorney to prepare documents approving ZCA-108 as per Planning Commission Resolution No. 1506. Council Action: 4/2/79 4-17-79 Council directed the Attorney to prepare the ' ' necessary documents approving ZCA-108 as per Planning Commission Resolution 1506. V- 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 PLANNING COMMISSION RESOLUTION NO. 1506 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21, CHAPTER 21.44, SECTION 21.44.020 TO DEFINE STOCK COOPERATIVES AS CONDO- MINIUM STANDARDS. CASE NO.: APPLICANT: ZCA-108 CITY OF CARLSBAD WHEREAS, the Planning Commission of the City of Carlsbad did hold^a. duly noticed public hearing on March 28, 1979, to consider the subject amendment; and WHEREAS, the Planning Commission received all testimony and arguments, if any, of all persons who desired to be heard, and upon hearing and considering all factors relating to Zone Code Amendment 108, found the following facts to exist: 1. Stock cooperatives are not presently considered as condo-' miniums in the Zone Code. 2. Stock cooperatives function, for all practical purposes, as condominiums. 3. It is necessary to consider stock cooperatives as condo- miniums to provide consistent regulations in commonly owned housing projects such as stock .cooperatives. WHEREAS, the Planning Commission, by the following vote, recommended approval of ZCA-108, to read as follows: Amend Title 21, Chapter 21.44, Section 21.47.020 to include stock cooperatives as follows: "21.47.020 Application. The -provisions of this chapter shall apply to condominiums as defined in Seciton 783 of the Civil Code and community apartments and stock cooperatives as defined in Section 11004 and 11003.2 of the Business and Professions Code and to the conversions 1 of existing structures to condominiums, community apartments or stock cooperatives." 2 3 L'Heureux, Rombotis 4 NOES: None 5 AYES: Marcus, Larson, Jose, Schick, Wrench, NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing recitations are true and correct. 6 7 8 9 10 11 ATTEST : 12 13 14 15 STEPHENM. L'HEUREUX, Chairman CARLSBAD PLANNING COMMISSION JAMES C. HAGAMAX Secretary /M?ARLSBAD PLANNlNG/COMMISSION / * 17 18 19 20 21 22 23 24 25 26 .. ZCA-108 27 »-2- 28 1 2 3 4 10 11 Commission of the City of Carlsbad, California, do 5 hereby certify that the foregoing resolution was duly 6 introduced, approved and adopted by the Planning 7 Commission of the City of Carlsbad at a regular meeting 8 of said Commission held on the llth day of April, 1979, 9 by the following roll call vote: 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) SS I, JAMES C. HAGAMAN, Secretary to the Planning AYES: Rombotis, Schick, Wrench, Marcus, Jose, Larson, L'Heureux NOES: None 12 ABSTAIN: None 13 ABSENT: None 14 15 16 17 18 19 20 21 22 23 24 25 26 :AMES C. HAGAMANt "Secretary CARLSBAD PLANNING COMMISSION ZCA-108 -3- PLANNING COMMISSION MINUTES March 28, 1979 Page Four (4) E. ZCA-108, City of Carlsbad, Zone Code Amendment to Section 21.17.020 of the Carlsbad Municipal Code to insert stock cooperatives in condominium standards. Mr. Bud Plender presented the staff report. THE PUBLIC HEARING OPENED AND CLOSED AT 8:00 P.M. WITH •NO PUBLIC TESTIMONY. A motion was made approving ZCA-108 under the terms and conditions as contained in the staff report dated March 28, 1979. APPROVED MOTION: Jose SECOND: Marcus AYES: Marcus, Larson, Jose, Schick, Wrench, L'Heureux, Rombotis MEMORANDUM Date: March 28, 1979 To: Planning Commission From: Planning Staff Subject: ZCA- 108 , Definition of Condominium: Stock Cooperative. When drafting the regulations for the condominium ordinance, staff based the definition of a condominium on State Regulations for those community projects that require a subdivision map. This was considered sufficient because the only other possible community type ownership was stock cooperatives, which were at that time impractical because of laws regulating how such cooperatives can be financed and that the State Coastal Commission considered stock cooperatives a condominium. Since then however, the State has changed financing regulations for stock cooperatives and the Coastal Commission has encountered some opposition to their inclusion of stock cooper- atives as condominiums. Therefore, most cities that are presently developing ordinances regulating condominiums have included the definition of stock cooperatives as a condominium. Presently the State Legislators are considering a Bill that would change State Law making stock cooperatives condominiums. To insure compliance however, our City Attorney has suggested that Carlsbad's definition of a condominium be modified to include stock cooperatives. In the State Business and Professions Code stock cooperative is defined as: "A corporation which is formed or availed of primarily for the purpose of holding title to, either it be simple or for a term of years, improve real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portionof the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in a corporation held by the persons having such right of occupancy." Stated more simply, cooperatives residents own shares in a corporation which owns a housing project, and the shareholder - owners automatically are entitled to inclusive long - term leases in specific individual units in the project. The common v., MEMORANDUM - Planning Commission March 14, 1979 Page 2 areas are also owned by the corporation, rather than the resident, but with rights of use by the shareholder/owners. A community apartment project is defined as follows: A project in which an undivided interest in the land is coupled with a right of exclusive occupancy of any apartment therein. A community apartment project is essentially identical to the stock cooperative. In both, the purchaser obtains an un- divided interest in the real property, directly or indirectly. Each form of ownership includes rights of use of the common areas, each includes exclusive occupancy rights of the individual units, and each includes certain additional rights and privileges^ They differ primarily in that the residents, as a group, own the premises in the community apartment project, rather than a cooperative in the stock. In addition, the community apartment project is specifically mentioned in the Subdivision Map Act. A condominium is an ownership formed similar to stock cooperatives and community apartment projects except that residents directly own rather than have an exclusive lease to their apartment units, and also direct co-ownerhsip of the land and improvements thereon. It is specifically defined as follows: A condominium is an estate in real property consisting of an undivided interest in common and a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Now that the State has changed the laws to provide relatively easy means to finance stock cooperatives, the desire for stock cooperatives is growing. Since by definition stock cooperatives are very similar to community apartments and condominiums they will in effect function the same. Therefore, staff recommends that the definition of condominium be expanded to include stock cooperatives. MEMORANDUM - Planning Commission March 14, 1979 Page 3 Recommendation: It is recommended that the Planning Commission forward to the City Council for their adoption of ZCA- 108 , which amends Section 21.47.020 as follows: AMEND TITLE 21, CHAPTER 21.44 AMENDMENT OF SECTION 21.47.020 TO INSERT STOCK COOPERATIVES TO CONDOMINIUM STANDARDS. "21.47.020 Application. The provisions of this chapter shall apply to condominiums as defined in Section 783 of the Civil Code and community apartments and stock cooperatives as defined in Section 11004 and 11003.2 of the Business and Professions Code and to the conversions of existing structures to condominiums, community apartments or stock cooperatives." BP:ar 3/8/79