Good News on Rent Restrictions for Second Dwelling Units on Property in Carlsbad

Second unit rent restrictions lifted for homeowners

CARLSBAD — A recent unanimous City Council vote made an important change for homeowners who have a second dwelling unit on their property. Rent restrictions have been lifted and homeowners can now charge the market value of their unit.

Before the vote, homeowners who had a second dwelling unit fell under the same category as developers who built multiple residential units and had to comply with the city’s Housing Element by renting to lower income groups.

But that’s all changed.

According to Corey Funk, associate planner for the city of Carlsbad, second dwelling units, or SDUs, are now split into two categories: inclusionary and noninclusionary.

Funk presented the proposal to City Council and it approved the revisions to the city’s Zoning Ordinance and Local Coastal Program Amendments for SDU rent regulations.

The inclusionary SDU was not amended. It will still go into effect when a developer builds multiple residential dwelling units and must provide 15 percent of the units as affordable housing.

“Developers doing a larger scale project must comply with the inclusionary housing ordinance, so we created the ‘inclusionary’ term to build that type of ordinance,” Funk said.

For a homeowner, a noninclusionary SDU label was issued distinguishing the difference between the reasons why a homeowner builds this type of dwelling unit versus a developer.

And those goals are quite different.

A noninclusionary SDU, Funk said, has a kitchen and bathroom and can serve as multiple functions. The unit can be used as a guest house, a mother-in-law quarter, or an office.

The noninclusionary SDU used to be restricted to at least low-income housing. Low income, Funk said, is defined by 50 to 80 percent of the area median income.

Funk said this proposal was brought to City Council because of a previous project that was presented to the Planning Commission a couple of years ago.

The topic of a SDU on a single-family residential property raised some awareness.

The Planning Commission felt that putting rent restrictions on homeowners was a burden.

City Council agreed.

City Council members felt that it was time to give homeowners the freedom to rent out their SDU at a fair market rate. Above all, staff said the noninclusionary SDU label was still consistent with the Housing Element requirements.

“The Housing Element counts the inventory of affordable housing opportunities and depends on SDUs to meet those goals,” Funk said. “When the noninclusionary SDUs were rent restricted we were counting them toward the low-income category for the housing element, but we also have to plan for the moderate income.”

Income categories include very low income, low income, moderate and above moderate. The calculations are similar to those used at U.S. Department of Housing and Urban Development.

With homeowners now renting their units at a reasonable market rate, staff expects these units to be at affordable to moderate income levels, which will fall under the Housing Element guidelines.

Recent calculations show that the city of Carlsbad has a total of 215 SDUs. A total of 39 noninclusionary SDUs are part of this number.

“The noninclusionary SDUs are a small percentage,” Funk said.

Original Link http://thecoastnews.com/2011/12/second-unit-rent-restrictions-lifted-for-homeowners/

 

The Future of the Foreclosure Market - "Are we there yet"

As goofy as these guys can sometimes be, this one makes a lot of sense to me. 

http://tbwsdailyshow.com/2011/05/04/department-of-justice-sues-major-bank-for...

Do you know what to do when an Earthquake Hits, this is a very interesting article. This one is a "Game Changer"

Where to Go During an Earthquake

 

Remember that stuff about hiding under a table or standing in a doorway? Well, forget it! This is a real eye opener. It could save your life someday.

 

EXTRACT FROM DOUG COPP'S ARTICLE ON 'THE TRIANGLE OF LIFE'

 

My name is Doug Copp I am the Rescue Chief and Disaster Manager of the American Rescue Team International (ARTI ), the world's most experienced rescue team. The information in this article will save lives in an earthquake.

 

I have crawled inside 875 collapsed buildings, worked with rescue teams from 60 countries, founded rescue teams in several countries, and I am a member of many rescue teams from many countries. I was the United Nations expert in Disaster Mitigation for two years, and have worked at every major disaster in the world since 1985, except for simultaneous disasters.

 

The first building I ever crawled inside of was a school in Mexico City during the 1985 earthquake. Every child was under its desk. Every child was crushed to the thickness of their bones. They could have survived by lying down next to their desks in the aisles. It was obscene -- unnecessary.

 

Simply stated, when buildings collapse, the weight of the ceilings falling upon the objects or furniture inside crushes these objects, leaving a space or void next to them - NOT under them. This space is what I call the 'triangle of life'. The larger the object, the stronger, the less it will compact. The less the object compacts, the larger the void, the greater the probability that the person who is using this void for safety will not be injured. The next time you watch collapsed buildings, on television, count the 'triangles' you see formed. They are everywhere. It is the most common shape, you will see, in a collapsed building.

 

TIPS FOR EARTHQUAKE SAFETY

 

1) Most everyone who simply 'ducks and covers' when building collapse are crushed to death. People who get under objects, like desks or cars, are crushed.

 

2) Cats, dogs and babies often naturally curl up in the fetal position. You should too in an earthquake. It is a natural safety/survival instinct. You can survive in a smaller void. Get next to an object, next to a sofa, next to a bed, next to a large bulky object that will compress slightly but leave a void next to it.

 

3) Wooden buildings are the safest type of construction to be in during an earthquake. Wood is flexible and moves with the force of the earthquake. If the wooden building does collapse, large survival voids are created. Also, the wooden building has less concentrated, crushing weight. Brick buildings will break into individual bricks. Bricks will cause many injuries but less squashed bodies than concrete slabs.

 

4) If you are in bed during the night and an earthquake occurs, simply roll off the bed. A safe void will exist around the bed. Hotels can achieve a much greater survival rate in earthquakes, simply by posting a sign on the back of the door of every room telling occupants to lie down on the floor, next to the bottom of the bed during an earthquake.

 

5) If an earthquake happens and you cannot easily escape by getting out the door or window, then lie down and curl up in the fetal position next to a sofa, or large chair.

 

6) Most everyone who gets under a doorway when buildings collapse is killed. How? If you stand under a doorway and the doorjamb falls forward or backward you will be crushed by the ceiling above. If the door jam falls sideways you will be cut in half by the doorway. In either case, you will be killed!

 

7) Never go to the stairs. The stairs have a different 'moment of frequency' (they swing separately from the main part of the building). The stairs and remainder of the building continuously bump into each other until structural failure of the stairs takes place. The people who get on stairs before they fail are chopped up by the stair treads - horribly mutilated. Even if the building doesn't collapse, stay away from the stairs. The stairs are a likely part of the building to be damaged. Even if the stairs are not collapsed by the earthquake, they may collapse later when overloaded by fleeing people. They should always be checked for safety, even when the rest of the building is not damaged.

 

8) Get near the outer walls of buildings or outside of them if possible - it is much better to be near the outside of the building rather than the interior. The farther inside you are from the outside perimeter of the building the greater the probability that your escape route will be blocked.

 

9) People inside of their vehicles are crushed when the road above falls in an earthquake and crushes their vehicles; which is exactly what happened with the slabs between the decks of the Nimitz Freeway. The victims of the San Francisco earthquake all stayed inside of their vehicles. They were all killed. They could have easily survived by getting out and sitting or lying next to their vehicles. Everyone killed would have survived if they had been able to get out of their cars and sit or lie next to them. All the crushed cars had voids 3 feet high next to them, except for the cars that had columns fall directly across them.

 

10) I discovered, while crawling inside of collapsed newspaper offices and other offices with a lot of paper, that paper does not compact. Large voids are found surrounding stacks of paper.

 

Spread the word and save someone's life...

 

Nooshin Khosh

State Bar Charges Carlsbad Lawyer Who Urged Clients To Break Into Their Foreclosed Homes - Metropolitan News

Metropolitan News-Enterprise

 

Monday, March 14, 2011

 

Page 1

 

State Bar Charges Carlsbad Lawyer Who Urged Clients To Break Into Their Foreclosed Homes

 

By a MetNews Staff Writer

 

The State Bar on Friday announced that it has initiated proceedings to revoke the license of a Carlsbad attorney who made national headlines by advising clients to break into their foreclosed homes and start living there again.

Chief Trial Counsel James Towery called the move “a drastic remedy,” but insisted it was “justified by the established misconduct of Michael T. Pines.”

Pines, 59, “has shown complete disrespect for the law, the courts and especially the best interests of his clients,” which necessitated his removal from active practice, Towrey said.

The State Bar Act empowers the agency to remove an attorney from practice when he or she is causing substantial harm to clients or the public, when the evidence suggests the harmful behavior is likely to continue, and when it is likely the State Bar will prevail on the merits of the case.

Pines has been unapologetic about encouraging—and often physically helping— clients hire a locksmith to get into their foreclosed homes despite warnings from the court and police to stop the illegal activity, according to the State Bar release. He has argued that the foreclosures themselves are illegal, so his clients have a right to repossession since they are still the legal owners of the homes.

In the application for inactive enrollment, Deputy Trial Counsel Brooke Schafer said that in none of the cases in which Pines advised his clients to re-enter their homes in Carlsbad, Newport Beach and Simi Valley did they have a legal right to do so.

Pines “acts with calculated purpose,” Schafer wrote in the petition. “He is harming both his clients and the public by advising clients to take the law into their own hands, and he uses his law license as a weapon. By his behavior, actions and freely offered statements he is a clear—and ongoing—danger both to his clients and to the public.”

The petition notes that Pines has been cited for contempt as well as criminally cited three times in less than a week, and refers to three serious incidents involving break-ins and other criminal acts between October 2010 and February 2011.

Pines was arrested for making threats against occupants of a house that used to be owned by one of his clients on February 18., was cited for trespassing on the property the following day and cited for violating a temporary restraining order at the site four days after that. He told a court his clients may break into the property again.

In October, Pines gave Newport Beach police advance notice that he and a client were going to take possession of a house the client had lost in foreclosure. Pines had claimed the foreclosure was illegal even though his client had not prevailed in court. For five hours, Pines “kept approximately seven police officers and an assistant city attorney wrapped up in his media circus” until Pines and his client were arrested, Schafer wrote in the petition

Also in October, Schafer wrote, Pines accompanied his clients to their foreclosed Simi Valley home and advised them to break in despite a court ruling forbidding such an action. The family remained in the house for several days until the new owner got another writ of possession. 

Copyright 2011, Metropolitan News Company

URL: http://www.metnews.com/articles/2011/atty031411.htm 

City of Carlsbad News

The City of Carlsbad, CA in my opinion offers a wonderful website with informative news.

 
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Welcome to Carlsbad E-news, highlighting noteworthy issues, events, programs and activities for those who live, work and play in Carlsbad. For more information on these news items and other city information, visit the city's website and look under News on the home page.

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The Carlsbad City Council met at 6 p.m. on Tuesday March 8, at City Hall, 1200 Carlsbad Village Drive, to consider an agenda that includes the following items. This summary is provided as a public service...

Recreational vehicles and other oversized vehicles will no longer be allowed to park on Carlsbad Boulevard near downtown during the summer, based on a new ordinance introduced at Tuesday’s Carlsbad City Council meeting.   The new parking...

The Carlsbad City Council approved an agreement Tuesday to solicit bids for construction of a new sewage pipe near Buena Vista Lagoon that will protect the environmentally sensitive wetland.    In 2007 the pipeline broke causing a sewage...

The City of Carlsbad Traffic Safety Commission received an update from city staff Monday on efforts to make the city more pedestrian friendly.   The Pedestrian Master Plan, adopted in April 2009, lays out a blueprint for future development and...

 
 
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What You Can Do to Protect Yourself from Getting Ripped Off in Real Estate and Home Loan Relief Scams

The New Year has unfortunately not brought about the end to real estate and mortgage

relief scams. While a deep recession continues to affect the national and California

economies, the business for swindlers is very good.

They continue to sell false hope to and prey on vulnerable and unsophisticated

consumers, and the bad players far outnumber those of us in the government who

prosecute them.

They advertise and cast their nets widely, using the Internet, newspapers, magazines,

mail pieces, and radio and television,

This alert is written to remind you to be continually cautious and vigilant, and to give you

some important tools and red “warning” flags so that you do not fall victim to real estate

and home loan relief scammers.

The California Department of Real Estate (DRE) has issued prior topical warnings and

alerts to consumers about the rise of fraud in connection with pre-foreclosure and

foreclosure-related rescue, forbearance and forgiveness services, including loan

modifications, forensic loan audits, and short sales.

Click Here to read more

 This is very informative, pass it on so others do not fall victim to the scams

Discovery Maps & Guides for North Coast San Diego

A cool breeze off the ocean, warm sun on your face, the smell of the sea, the Beach Boys playing on the radio... does it really get any better than this? Chasing the Endless Summer in Southern California isn't just a dream anymore. It's the "perfect vacation" and can be enjoyed by anyone who takes the time to come here! Family fun, swinging nightlife, quiet times and places of rollicking good times... it's all here along San Diego's North Coast.

The California lifestyle pretty much came about along historic Highway 101. Highway 101 was the main route between San Diego and Los Angeles before the birth of the Interstate Highway System. A trip from San Diego to Los Angeles was an adventure and often not done in one day. Today, you have to look for Highway 101. A trip between "Sun Diego" and "LA" is measured in hours on the "5", but on the 101, it's measured in breathtaking moments! You just have to know where to find the 101... and that's where Discovery Map has made it easy for you.

Oceanside Harbor, Oceanside Pier, Oceanside, Carlsbad, Carlsbad Village, "Funky" Leucadia, Encinitas, Cardiff by the Sea, Solana Beach, and Del Mar... they're all here along Highway 101, and on the new North Coast Discovery Map, titled "Cruisin' Highway 101". We have it all laid out before you in an easy-to-read, easy-to-understand, regulation-size FREE map. With all there is to see and do in San Diego County, this guide will be your time-saver and sanity-keeper. Planning for the family, enjoying a few leisure hours on your business trip, or just spending the weekend, our Discovery Map will save you time and aggravation.

The North San Diego Coast Discovery Map is CONSTRUCTED AND COMPOSED BY LOCALS and contains not only the major attractions that are world-famous, but also the things you might not find while looking on your own�the things unique to and typical of Southern California. We also welcome your feedback. If there are things missing you feel should be on our guide, please let us know... or if something wasn't to your satisfaction, we'd like to know that, too. You can reach us at Bertrands@Discoverymap.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or by using the Contact Us form.

Please see URL for fun map of area, hotel/motels http://www.discoverymap.com/California/Map-of-San-Diego-s-North-Coast-California.html 

Many of the visitors buy a home here or relocate to San Diego. Please give us a call if we can help set you up with a free home search, email home sales reports for detached and/or attached homes. The Taylors, Nick & Janet at Prudential California Realty. Nick 760-710-7234, Janet 760-710-1292.

 

Case-Shiller as interpreted by Piggington.com

Rich Toscano regularly writes about the housing market. He recently posted this review of the Case-Shiller report of October's business.
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Source: voiceofsandiego.org

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Home Prices Dropped Sharply in October, Case-Shiller San Diego Report - by Rich Toscano

The October release of the Case-Shiller index showed that San Diego home prices declined by 1.5 percent for the month.  This is a steep drop by recent standards — it's been fifteen months since we saw a monthly index change of more than 1.5 percent in either direction.

Here is how the index price tiers have fared since the early-2009 trough. 

 

 

Unusually, the decline was nearly identical between the price tiers (1.5 percent for the low and middle tiers, 1.6 percent for the high tier, and 1.5 percent for the aggregate index).

Zooming out, the following charts display home prices since the peak and the start of the decade, respectively.

 

 

 

The Case-Shiller index is in a sense always "yesterday's news" because it lags by a couple of months.  But it can be interesting because it distinguishes between price tiers (irrelevent in October, due to the uniformity between tiers) and because it can provide a more reliable confirmation of what we might already have suspected based on preliminary data.  In this case, the October Case-Shiller index confirmed my belief that home prices were dropping — but it also demonstrated that prices were dropping faster than I thought.

Please contact Rich Toscano at rtoscano@pcasd.com and follow him on Twitter at http://twitter.com/richtoscano.

To read article and view charts http://www.voiceofsandiego.org/toscano/article_c32ec588-1389-11e0-b355-001cc4...