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02/20/2007, PH4 - TENTATIVE TRACT MAP TO CONVERT SIXTEEN MULTI-FAMILY RENTAL APARTMENTS INTO CONDOMINIUMS AT 1043 ELL
i r council MdMa� 2 -2Ga�. - j agen6a nEpont �N 7ll CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By: Brian Leveille, Assistant Planner SUBJECT: TENTATIVE TRACT MAP TO CONVERT SIXTEEN MULTI-FAMILY RENTAL APARTMENTS INTO CONDOMINIUMS AT 1043 ELLA STREET; (TR 21-06). CAO RECOMMENDATION As recommended by the Planning Commission, adopt the attached resolution which approves the tentative tract map to allow individual sale of sixteen condominium units at 1043 Ella Street, based on findings and subject to conditions and code requirements. DISCUSSION Situation The City's process to consider the conversion of rental apartment properties to "for sale" condominiums is regulated by Chapter 16.17 of the Municipal Code. Chapter 16.17 establishes numerical limits for condominiums that may be converted annually. The limits are defined as "half the number of multi-family rental dwelling units added to the City's housing stock in the previous year minus the number of such units demolished", and are intended to protect the City's supply of rental housing. In 2005, a net of 58 multi-family rental apartments were added to the City's housing stock; therefore, 29 condominiums could be converted in 2006. The applicant's request to convert 16 units was the only condominium conversion application in 2006. Since the total number of proposed units to be converted is less than the maximum allowable (29 units) no project ranking was necessary and the application was forwarded directly to the City Council. On June 6, 2006, the City Council approved the condominium conversion request to convert sixteen apartment units at 1043 Ella Street. The approval to convert was only the first step. Planning Commission and City Council review are necessary to process a condominium tract map where specific code requirements and conditions can be applied to the project. The project also requires architectural review to review building and site improvements. On December 4, 2006, the Architectural Review Commission (ARC) reviewed the applicant's proposed building and site improvements and continued the item with direction (Attachment 7). Provided the tract map is approved by the City Council, the project will return to the ARC for final review. The final step in the process is the recording of the final map. The City Council will review the final map on consent calendar after all the conditions of approval have been satisfied. Data Summary Address: 1043 Ella Street Number of units: Sixteen two-bedroom units y/ Council Agenda Report—TR 21-06 Page 2 Applicant: Brian Rolph Zoning: Medium-Density Residential (R-2) General Plan: Medium Density Residential Environmental status: Categorically exempt under Section 15301 k, "Existing Facilities", of CEQA. Analysis A complete analysis of the tentative tract map and associated building and site improvements can be found within the attached Planning Commission Staff Report (Attachment 4). The Planning Commission found the proposed map to be consistent with the City's condominium conversion standards and consistent with General Plan policies. The Condo Conversion Regulations are designed to specifically prevent the displacement of low and moderate income persons and provide potential opportunities for relatively lower-priced units for sale. At a minimum, condominium conversions are subject to the City's Inclusionary Housing Requirements which require a percentage of the units to be deed restricted to affordable housing standards for a minimum of 30 years (for more detail see Attachment 8, Council Agenda Report June 6, 2006). Affordable housing requirements must be administered at the time of the recordation of the tract map. Project conditions require the applicant to deed restrict at least two of the units at the "very low" income level for 30 years so the project could achieve a "density bonus" to be in compliance with density requirements for the R-2 zone. The process of approving the tentative tract map is essentially a procedural review since the permission to approve these apartments to condominiums was granted by the Council on June 6, 2006. The tentative tract map process is still important, however, since this is the process whereby the City ensures that all pertinent project conditions will be incorporated prior to recordation of the MAP. The proposed tentative tract map is consistent with the approved condominium conversion resolution and all applicable project conditions previously adopted by the City Council. Planning Commission Action On January 10, 2007, the Planning Commission reviewed the proposed tentative tract map and unanimously voted to recommend approval of the map to City Council. The recommended project conditions include improvements to private yards and patios, improvements to common open space areas, and the installation of separate utilities for each unit. CONCURRENCES The conversion request has been reviewed by other City departments including Public Works, Utilities, Building, and Fire, and their comments have been incorporated into the recommended resolution as conditions of approval. Council Agenda Report—TR 21-06 Page 3 FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Allowing conversions of multi-family rental properties to individual "for sale"properties will not create significant fiscal impacts. ALTERNATIVES 1. Council could choose to continue action to request additional information from staff or the applicants. If additional information is needed, direction should be given to staff. 2. Council could choose to deny the map based on inconsistency with the Municipal Code Chapter 16.17 or inconsistency with the General Plan or Subdivision Regulations. ATTACHMENTS: 1. Vicinity Map 2. Reduced scale tract map 3. Reduced scale project plans 4. Planning Commission staff report, January 10, 2007 S. Planning Commission Minutes, January 10, 2007 6. Planning Commission Resolution,January 10, 2007 7. Architectural Review Commission Meeting Actions,December 4, 2006 8. City Council staff report,June 6, 2006 9. Draft City Council resolution approving the tract map G:\Bleveille\Condo Conversions\City Council\Trac[21-06(1043 Ella)Council Report.doc cl R-2-S I VICINITY MAP TRACT 21 mO6 IF 104.3 ELLA Ml 4 ON IN ION M ME UNNION LN ®°\�`, , IM �, ♦ �` II 1 • ll L • CITY OF SAN LUIS OBISPO ant 3 JAN 2 3 2007 / �A'�a COMMUNITY DEVELOPMENT i I 9 _ p, q I r cyl 6 rrt X __ PntA wO ti I ' If i = -- b , 5 A 5 _ I � I , I 1 Y ' fYT'CT9lP I [1141L 6.514 --ELLA STREET _- Mll'0,0'1 m0' in _F msuwr mu BASIS OF BEARINGS n C foel+ini+Cpw�nlen Ix: EXISTING SITE PLAN wu. Hess ERIE R. ZODEL ADELAIDA PROPERTIES =E: 1/W nme c � .cnn 1013 Ell. Stm m F Son L.I.Obispo, U ` crosua rwo su.mo.sms �" � ARCHITECT �.mr^� Attachment I'm m P a-i g Z j _ ID RF N py'11 Ov ^\\ •rC4}.' 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Go IM IM W. _� N �N' h __ I •I / 1��w1j\,W W I C > � F ;a,. .. ^ �1 n I�W� � W'• 1 � ' I- fi�r�•�',� f'�`,��oo 'NZ- ✓/ - y a -><��I"t`t✓ti^—fv�NN- w�i\'ki �W, �___ � _ 1 li "fir w h _—__ __ —. _ Tu'o ms:.c rsu v�:c eva — y_ ELLA STREET - - - --- ----- vin.cs`p�u------BASIS Of BEARINGS- ---- - ---- ul:rc feNmlvlm Damnlm ex: mo yr LANDSCAPE PLAN ADELAIOA PROPERTIES UJU' 1043 Ello Street San Lala Obi spo• CA p D #ttdUl iment 3 01 nil i�7t , ! R 0 P ii lit Tl1 11 x x LA -4 c M OF A 0 0 rl�05 Z P LL E y�� ZOBEL A CamAmilalm Canersim For: EXISTikc rLOOR PLAN A W, now ERIK R ADELAIDA PROPERTIES Ids C.,• 1043 Ella Street Son Luis Obispo, CA o,• sn.11 ors� In. - Attachment 3 - rn I _I m l 'n o I o EHI l j it Z �r D j II m 1® 1 COYJ z rrn , 4F--- I IA D Ili l!I!! 1 0 ill II1 li I II 1 Z I.a I I. 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CA mxmx.mu nm � ARCH3 TELT W�.aao0nn Attachment 3 I �� o ,� �r it L_: • ._ M s I 1 1O C — m O 4 d m p M A +1 a M A r, i F l 7_ z - r So 4 --- O ��- " in C r � a7 o e e� aHz 8 S c'p E 13$ ff iz pCmaalpiis fomarplm ior: PROPOSED TRASH ENCLOSURE �px: npip ERIK R. ZOREL E'S ro ADEUIDA PROPERTIES CONMON SPACE OECKS xnm. C27111. c 104 3 Ella S[roet YALE: t/s• p m q' San Luis OCippo. CA m'er nmio s`� 'q su MX.X.16.92 nm 0 .IM � ARCtiITL+CT meas w.iur a � Attachment 4 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM# y 4Y: Brian Leveille, Assistant Planner (781-7166) DATE: January 10, 2007 FROM: Doug Davidson, Deputy Director of Community Development p b FILE NUMBER: TR 21-06 PROJECT ADDRESS: 1043 Ella Street SUBJECT: Review of tract map application to convert 16 existing apartment units to airspace condominiums. SUMMARY RECOMMENDATION Adopt the attached resolution approving a tentative tract map based on findings, and subject to conditions and code requirements. BACKGROUND Situation The applicant received approval to begin the Condominium Conversion process from the City Council on June 6, 2006 (Attachment 4-Council Agenda Report (CAR) and City Council Resolution No. 9800). This approval was only the first step in the overall conversion process which requires subsequent architectural review for building and site improvements, and tract map approval by the City Council following a recommendation by the Planning Commission. Provided the tract, map is approved by the City Council, the project will return to the Architectural Review Commission for final review of ARC recommended project modifications and any conditions of approval resulting from Planning Commission and City Council review. The applicant is proposing architectural changes to the existing structures that are more extensive than the typical condominium conversion project. Specifically, a Neo-Colonial face lift is proposed with a new cross-gabled roof system with dormers, new cement siding, and new vinyl windows. Extensive site improvements are also proposed to meet open space requirements of the Subdivision Regulations and to demonstrate "substantial conformance" with City standards and guidelines in effect at the time of conversion. On December 4, 2006, the Architectural Review Commission reviewed the applicant's plans and provided design direction and feedback to the applicant. Data Summary Address: 1043 Ella Street Applicant: Brian Rolph Zoning: R-2 (Medium-Density Residential) General Plan: Medium-Density Residential Environmental Status: Categorically exempt under Class 1, Existing Facilities, Section 15301 of 7 Tract 21-06 _ �` Aftachr ent 4 1043 Ella Street Page 2 the CEQA Guidelines. Site Description 1043 Ella Street is on the uphill side (south side of Ella) at the base of Terrace Hill. It slopes moderately up from Ella Street at approximately 10 to 12%. A large retaining wall approximately 4 to 6 feet in height is located along the frontage of the property at back of sidewalk. There are four separate apartment buildings (4 units each) on the site which were constructed in approximately 1970. An asphalt driveway provides access to the parking lot from Ella Street. The property also has frontage at the corner of Rachel and Jennifer Streets south of the parking lot where there is a pedestrian access easement leading to the Terrace Hill Open Space area(Figure 1, below). Path to Terrace Hill O.S. — Figure 1. Project Site Project Description The applicant is requesting entitlement for a tract map to create 16 airspace condominium units from existing rental apartments. The project involves renovation/remodel of existing buildings and site improvements needed to meet condo regulation requirements and improvements needed to be in substantial conformance with current city regulations, standards, and guidelines in effect at the time of conversion. The project includes extensive exterior modifications of each unit and significant site work to comply with the Condo Conversion regulations. Proposed architectural changes to the buildings will result in the removal of the existing mansard roof and constructing a complete new roof with Tract 21-06 l a 3 Attachment 4 1043 Ella Street Page 3 gable ends as part of a Neo-Colonial facelift. The remodel also includes the installation of new vinyl windows, Hardie-window trim, wood shutters, and a combination of stucco finish on the first floor with Hardie-plank siding on the second floors. New redwood decks stained dark brown will also be constructed for the project to meet private open space requirements. To meet condominium project requirements for open space and site amenities, the applicant is proposing an enlarged new concrete patio to replace the existing deck in front of Building 3 and new deck adjacent to the Terrace Hill pedestrian easement and common open space area. A new set of concrete stairs on the south side of the site near Building 4 leads to a new path that will provide access to the Terrace Hill Open Space area. For landscape enhancements, trees and shrubs would be installed to provide screening between the new pedestrian footpath and existing residential development to the south. Additionally, existing landscape areas will be enhanced with more trees, shrubs, and groundcover as needed and landscape planters will be added in the parking lot consistent with City Parking and Driveway Standards. The applicant would provide a cap and stucco finish for all existing retaining walls. At the Architectural Review Commission hearing of December 3, 2006, the ARC provided design direction to refine building elevations and to enhance landscaping and site improvements (discussed in more detail in evaluation below). The applicant will be required to provide two deed restricted units at the "very low" affordable levels for a minimum of 30 years per a City Council condition allowing the conversion process to proceed. The provision of affordable units allowed the applicant's project to meet density requirements by achieving a 25% density bonus. EVALUATION The applicant's plans for site improvements and building renovation for the proposed condominium conversion are an excellent example of infill redevelopment and will enhance the appearance of the site's building architecture and grounds and will provide for increased public access to the Terrace Hill Open Space area. The provision of two "very low" income deed restricted units is especially noteworthy. The project was reviewed for consistency with the Subdivision Regulations, Property Development Standards established by the Zoning Regulations, and the Community Design Guidelines. Staff provided an analysis of the project's consistency with the General Plan and property development standards when the project was reviewed by the City Council to begin the condo conversion process (see Attachment 3, 6-6-06 CAR). The following paragraphs evaluate major components of the proposed project plans. Applicable Community Design Guidelines from Chapter 5.4, Multi-Family and Clustered Housing Design are referenced. Guidelines are included below in italics followed by staff's analysis. Tract 21-06 t � ' ' � �' Attachment 4 1043 Ella Street Page 4 1.Parking and Driveways: 5.4-Multi-Family and Clustered Housing Design Multi family and clustered housing projects are generally more dense than single-family developments, and tend to generate larger parking areas and provide less private open space. If not properly designed, parking can dominate a multi family site, and open space may only be provided as "left over" areas, unrelated to other project features, that are not usable for outdoor activities, and expose residents to uncomfortable noise levels. Multi family projects that are surrounded by high walls, parking lots and/or rows of carports along streets are inappropriate in San Luis Obispo and should be avoided. These guidelines address the problems associated with higher density developments through appropriate site planning, parking layout, circulation patterns, building design, and landscaping. 5.4 B. Parking and driveways. Individual closeable garages are the preferred method for providing parking for residents in multi family projects. If garages within the residential structures are not provided, dispersed parking courts are acceptable. 1. Long, monotonous parking drives and large, undivided parking lots are discouraged. 2. The main vehicle access into a multi family site should be through an attractive entry drive. Colored and textured paving treatment is encouraged outside of the public street right-of-way, and within the project. Staffs Analysis: Existing parking in the development consists of a single undivided parking lot which dominates the rear of the site. The applicant's conversion proposal does not involve the construction of carports which would typically be available in condominium development with individual ownership of units. Considering the parking lot's visual prominence the project will need to incorporate the use of alternative paving materials (pavers, colored concrete, turf block) and appropriate landscaping to create an attractive parking area and entry drive. Covered Parking. The City's Subdivision Regulations do not mandate that condominium conversion projects include covered parking. The ARC discussed this issue and recommended the Planning Commission and City Council not require covered parking because of space constrictions and the desire to keep open views into the adjacent hillside open space area and of City Views beyond. The ARC also noted that if carports were ultimately required for the project, it would be preferred to see them placed in the parking lot area closest to the buildings (spaces 1- 12). Parking Lot Design. With the Council approval to begin the condominium conversion process, Condition l.c. was included which requires that the parking area be reconfigured and repaved as necessary to comply with minimum standards of the City's Parking and Driveway Standards. The applicant has demonstrated substantial compliance with requirements for parking area bay widths, and parking space dimensions. The ARC found the applicant's landscaping plans for the Tract 21-06 { .� Attachment 4 1043 Ella Street Page 5 parking area generally adequate recommending additional triangular shaped planters and additional tree plantings on the north side of the parking lot. 2. Building Architecture and Details: 5.4 C. Multi family project architecture. The exterior design of multi family projects should be derived from architectural styles in the surrounding neighborhood. 1. Facade and roof articulation. A structure with three or more attached units should incorporate significant wall and roof articulation to reduce apparent scale. Changes in wall planes and roof heights, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables can avoid the barracks-like quality of long flat walls and roofs. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure's edge. Staff's Analysis: The surrounding development consists of a mix of architectural styles and structures of varying ages. The project contains sufficient wall and roof articulation and the Neo- Colonial facelifts are a good implementation of the above guidelines. The proposed exterior modifications are a significant improvement over the existing 1970's buildings with mansard roofs. However, at the ARC hearing it was decided that additional character-defining details would further enhance the project's appearance, as follows: 1. Hand troweled or smooth exterior stucco. 2. A color of architectural grade composition roofing to coordinate with proposed colors (not black). 3. Vertically opening double-hung windows on both floors, except where egress requirements need to be met (bypass sliders with upper divided lights are acceptable in these cases). 4. Accent trims and shutters on second floor windows (wood siding) and projecting wood sills on first floor(stucco).. 5. Revise dormer locations.to provide a continuous eve fascia. 6. Consider additional dormers on buildings 1 & 2 facing the street. 7. Include panelized shutters and consider paneled doors. 8. Columns on floor plans shall match the elevations in terms of their size, have a smooth finish, and be constructed in the Colonial Style. 3.Pedestrian Paths: 5.4 C. 5. Residential units and activity areas not adjacent to a street should be accessible via pedestrian walkways and bikeways separate from vehicle parking areas and driveways. Staff's Analysis: The project provides access to the pedestrian pathway that leads to the Terrace Hill Open Space from the end of Jennifer Street. This will provide easy access to an important recreational amenity for project residents. The only pedestrian access directly to Z/-/7 Tract 21-06 �� ' -- i l Attachment 1043 Ella Street Page 6 Ella Street is directly though the parking lot behind the single-loaded aisles which have below standard back-up areas. To address the lack of separated pedestrian access the ARC directed that alternative materials such as textured, colored asphalt, bricks, pavers, colored concrete, or turf block be used to create an attractive 4-foot wide pedestrian walkway along the main entry driveway from Ella Street. 4. Chanter 16.17 of the Subdivision Regulations:.Condominium Improvement Standards The City's Municipal Code contains provisions for the development of new condominiums. Consistent with the General _Plan and the Community Design Guidelines, these provisions contain standards for common and private open space, recreation amenities and storage. Unlike a rental apartment project, which are open to discretion on the size and placement of open space areas, the condominium standards have specific guidelines that must be incorporated into ownership condominium projects. As quoted in Section 16.17.010 of the regulations, the City does "recognize that ownership units differ from rental apartments and,for the benefit of public health, safety and welfare, such projects should be treated differently from apartments." In general, the regulations for condo projects in the R-2 zone require 250 square feet of private open space and 150 square feet of common open space for each unit. Additionally the regulations require that projects in the R-2 zone have a combined total of at least four hundred square feet of both private and common open space per unit. Therefore, either the private or common open space must exceed either the minimum required 150 square feet for common open space or the 250 square foot private open space requirement for each unit. Common recreation facilities are not required in the R-2 zone. Storage must also be included for each unit and shall include at least two hundred cubic feet of enclosed, weatherproof and lockable private storage space, exclusive of cabinets and closets within the unit.. Staff's Analysis: Private Open Space: The proposed project meets the private open space requirement of 250 square feet per unit. Private open space requirements are met by providing upper and lower decks (units 1-12) and ground level rear yard area for units 13-16. Common Open Space: The proposed project includes approximately 5,000 square feet of common open space and does meet the 2,400 square foot minimum. Staff has calculated these figures utilizing only half of the common open space "Area C" since much of the area would not be useable because it is too steep. Combined "Total" open space: The project meets the total open space-requirement of 6,400 square feet (16x400 sq. ft./unit). The project provides a total of 5,000 square feet of common open space and 5,438 square feet of private open space. Recreation amenity: Recreation facilities are not required for condo projects in the R-2 zone. Tract 21-06 ` Attachment 1043 Ella Street Page 7 Storage: Storage areas are provided by converting the existing laundry room on the south side of Building 3 and with newly constructed units on the west side of Building 2 and the north side of Building 4. Proposed storage units exceed the minimum 200 cubic foot/unit requirement. Laundry: Laundry facilities exceed the required minimum. Laundry areas are provided within each unit for three of the four buildings in the project, with a washer and dryer provided for each unit in Building 3 in an outdoor common use facility. 5. Landscaping The applicant's landscape plan is basic and conceptual. The plan includes a variety of trees, groundcover plants and shrubs for the common areas and existing landscape areas would be enhanced with a variety of shrubs and trees. The applicant is also planning on adding shrubs and trees to provide a buffer between the newly constructed pedestrian access and existing development to the south. With the exception of the need for more and/or enhanced planters within the parking lot area, the landscape plan appears adequate in concept. The ARC directed the applicant to bring complete landscape plans prepared by a landscape architect for final ARC review. OTHER DEPARTMENT COMMENTS The Public Works and Utilities Departments have reviewed the project and provided comments that have been incorporated into the recommended resolution as conditions of approval or code requirements. RECOMMENDATION Adopt the attached resolution recommending approval of the tentative tract map, based on findings, and subject to conditions and code requirements (Attachment 5). ALTERNATIVES 1. The Commission may approve the tentative tract map with modified findings and/or conditions. 2. The Commission may deny the tentative tract map if the necessary findings cannot be made. 3. The Commission may continue discussion if additional information is needed. Direction should be given to staff and the applicants. y-�9 Tract 21-06 ` _ :� Attachment 4 1043 Ella Street Page 8 ATTACHMENTS: 1. Vicinity map 2. Reduction of Tentative Tract Map 3. Reduction of site plans 4. June 6, 2006, Council Agenda Report and Resolution 5. Draft Planning Commission Resolution r` Attach ment 5 SAN LUIS OBISPO PLANNING COMMISSION MINUTES January 10, 2007 CALL TO ORDERIPLEDGE OF ALLEGIANCE OATH OF OFFICE: Swearing in of new Commissioners, Amanda Brodie and Diana Gould-Wells ROLL CALL: Present: Commissioners Charles Stevenson, John Ashbaugh, Jason McCoy, Amanda Brodie, Diana Gould-Wells, Vice-Chair Carlyn Christianson and Chairperson Andrea Miller Absent: None Staff: Deputy Directors Doug Davidson and Kim Murry, Associate Planners Phil Dunsmore and Michael Codron, Community Development Director John Mandeville, Assistant City Attorney Christine Dietrick and Recording Secretary Jill Francis ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. PUBLIC COMMENT: There were no comments made from the public. PU HEARINGS: 1. 1374 and 6 Pismo Street. AP/MS 137-06: Ap al of the Hearing Officer's approval of a ten ' e parcel map creating a 4 to mmon interest subdivision. R-2 zone; Howard Nichols applicant; Evelyn T age, appellant. (Phil Dunsmore) Associate Planner Phil Dunsmore, a nted the staff report, recommending the Commission deny the appeal and uph Hearing Officer's determination to approve the minor subdivision, based on fi i gs, and s 'ect to conditions. Marlie Schmidt spoke on half of Evelyn Talmage, ellant, and noted that Ms. Talmage's concerns w expressed in a letter submitted to a Commission earlier in the week. Ernie Kim, a icant's representative, described the changes and improv ents made to the des' of the project. Ho rd Nicholson, applicant, discussed the oak tree that is in decline and is in the ddle of lot 4. He also discussed other neighborhood concerns. Planning Commission Minutes r Attachment 5 January 10, 2007 Page 5 COMMISSION COMMENTS: EN cussion focused on the improvements proposed as part of the project, which incJude con rsion of anon-conforming duplex on the site to a single-family homeZhen a Itional lands ca ' g, a fire-truck turnaround, a garbageea and ree new residences. Commr. McCoy di s ssed the possibility of an easet lot on San Marcos and recommended ba 'ng a portion on the edgway to designate a walkway instead of request) the buildings be set b Commr. Stevenson expressed con ms with the sipported the project, noting that if the buildings were set bac rther, alkway could be provided. Commr. Christianson supported the pro' ct d Commr. McCoy's suggestion of banding a portion of the driveway. On motion b Commr. Stevenso o ado t a resolution r ommendin approval of the .Neciative Declaration of Envi nmental Im act and tentati tract ma to the City Council addin a condition add a 4-foot band of stam d con ete to the edge of the driveway for a vedestria alkwa . Seconded by Commr. Ashbau . AYES: Co rs. Brodie, Ashbaugh, Christianson, Miller, McCoy, S venson, and G Id-Wells NOES: one RECUS None ABSE . None The motion carried on a 7:0 vote. 4. 1043 Ella Street TR and ER 21-06; Consideration of a tentative Tract Map creating 16 airspace residential condominiums and environmental review; R-2 zone; Brian Rolph, applicant. (Brian Leveille) Associate Planner Michael Codron presented the staff report recommending the Commission adopt the resolution approving the tentative tract map based on findings and subject to conditions and code requirements. Brian Rolph, applicant, explained the constraints of the sloped lot and parking concerns. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: The City Council approved the condominium conversion for the apartments in 2006. As part of that process, the applicant was required to proceed through the subdivision process. Before making their recommendation, the Commission discussed the potential Planning Commission Minutes Attachment 5 January 10, 2007 Page 6 for covered parking, disabled access, and the improvements associated with the public path to Terrace Hill. Commr. Stevenson supported the project with the improved appearance for the neighborhood. On motion by Commr. Stevenson to adopt a resolution approving the tentative tract map based on findings and subject to conditions and code requirements. Seconded by Commr. Christianson. AYES: Commrs. Brodie, Ashbaugh, Christianson, Miller, McCoy, Stevenson, and Gould-Wells NOES: None RECUSED: None ABSENT: None The motion carried on a 7:0 vote. 5. Staff A. Agenda Forecast Deputy Director Doug Davidson gave the forecast of upcoming items and projects 6 Commission ADJOURMENT: There being no further business before the Commission, the meeting adjourned at 11:10 p.m. to the regular meeting of the Planning Commission scheduled for Wednesday January 24, 2007 at 7:00 p.m. in the Council Chamber of City Hall, 990 Palm Street. Respectfully submitted by Jill Francis Recording Secretary Approved by Planning Commission on January 24, 2007. Diane R. Stuart, CM Management Assistant Attachment 6 RESOLUTION NO. 5471-07 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING APPROVAL OF A CONDOMINIUM TRACT MAP FOR 16 AIRSPACE CONDOMINIUM RESIDENTIAL UNITS TO THE CITY COUNCIL FOR PROPERTY AT 1043 ELLA STREET TRACT 21-06 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 10, 2007, for the purpose of considering TR 21-06, a tentative tract map to create 16 airspace residential condominiums; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and . WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. SECTION 1. Findings. 1. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's residential housing inventory, result in condominium units that meet density standards, and will be consistent with the density and development limits established by the Medium Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R-2 zones since the project consists of existing development that will receive building and site improvement enhancements to substantially conform to current City Regulations and to meet improvement standards for airspace condominiums as required in the Subdivision Regulations. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 4. The proposed condominium conversion is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since the conversion will provide two deed restricted affordable units at the "very low category consistent with the City's Inclusionary Housing Ordinance and'the other units are affordable by design. 5. As conditioned, the conversion complies with all regulations and property improvement standards for condominium conversions. 7 ��7 Resolution No 5471-07 Attachment 6 1043 Ella Street Page 2 6. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 7. The property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. 6. In accordance with the Condominium conversion standards the applicant has appropriately delivered a notice of intent to convert to each tenant. 7. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 8. In light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 9. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 10. The project is categorically exempt from environmental review under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines. SECTION 2. Action. The Commission hereby recommends approval of the Tentative Tract Map for 16 residential condominium units (TR 21-06) with incorporation of the following conditions: Conditions: 1. An affordable housing plan providing for a minimum of two "very low" income units shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council. 2. Prior to the submittal of building plans and final map review, final ARC approval shall be obtained for the project. Submitted plans shall be fully consistent with plans approved by the ARC. 3. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Resolution No 5471-07 Attachment 6 1043 Ella Street Page 3 4. The existing curb, gutter and sidewalk along with the driveway approach shall be removed and replaced per City of San Luis Obispo Engineering Standards and Specifications. The sidewalk shall be a minimum of six feet in width and the driveway approach shall incorporate an accessible path of travel. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The applicant shall have the option of either removing and replacing the existing retaining wall or widening toward the street. If the applicant chooses to widen the sidewalk toward the street, there shall be no reduction in curb height, nor will deviations to the street cross section be allowed. Additionally, the applicant shall'submit calculations in the detailed drainage analysis showing that the reduced street section can accommodate the tributary storm water run off. 5. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition of this subdivision approval. The improvements shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The developer is responsible for any required engineering and/or surveying. 6. The applicant shall provide for post-development storm water quality management for the existing impervious surfaces in accordance with Engineering Standard Section 101 O.B. 7. The applicant shall prepare conditions, covenants, and restrictions (CC&Rs) to be approved by the Community Development Director and City.Attorney prior to final map approval. CC&Rs shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on-site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred;and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City-required provisions of the CC&Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. y-4.26 Resolution No 5471-07 _ = AttachMPht 6 1043 Ella Street Page 4 j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. 8. A barbeque facility and picnic bench shall be incorporated into common open space areas. The design of the improvements shall be reviewed and approved by. the Community Development Department. The improvements-shall be constructed prior to recordation of the final condominium map. 9. The applicant shall give each tenant a written notice of intent to convert at least 180 days before termination of tenancy due to conversion. The notice shall contain at least the following: (1) name and address of current owner, (2) name .and address of proposed sub divider (3), approximate date on which the unit is to be vacated by non-purchasing tenants, (4) tenant's right to purchase, (5) statement of no rent increase; and statement of proposed sales prices and terms. 10.No tenants rent may be increased until 180 days after City Council approval of the conversion. 11. Any prospective tenants shall be given written notice of intent to convert prior to leasing or renting. Code Requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. The project is subject to all requirements in effect at the time of the building permit or map vesting date. 1. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right-of-way. 2. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit issuance for work in the public right-of-way. 3. The driveway and parking areas shall comply with the current Parking and Driveway Standards for dimension, maneuverability, and materials. This development shall comply with the Waterway Management Plan. Provide a preliminary hydrologic and hydraulic analysis report at the time of application for discretionary approvals in accordance with the Waterway Management Plan Volume III, Drainage Design Manual. 4. This re-development shall comply with the Waterway Management Plan, Volume III, Drainage Design Manual. A plan shall be submitted along with a complete hydrologic and hydraulic analysis report. The analysis shall include analysis of the tributary upslope drainage. Any upslope drainage shall be designed to be conveyed in a non erosive manner through the site. The any construction plan submittal shall include erosion control measures Resolution No 5471-07 - Attachment 6 1043 Ella Street Page 5 in accordance with Section 10.0 of the manual and post-development stormwater quality management in accordance with Engineering Standard Section 1010.B. 5. Fossil filter inserts(drain inserts) are only recognized as an acceptable BMP in conjunction with other measures or as an upgrade or retrofit to an existing development where other treatment options are not feasible. The use of drain inserts only shall be first approved by the city. 6. One 15-gallon street, tree shall be planted per City standards for each 35 lineal feet of frontage. The City Arborist shall approve the tree species, planting requirements, and whether the street trees shall be planted in tree wells in the sidewalk area or behind the back of walk in the front yard. Contact City Arborist Ron Combs at 781-7023 for specific questions or requirements and to evaluate any existing trees. 7. Fire Department access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an.unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 8. Water Supplies shall be in accordance with Sections 901 and 903 of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using Appendix III-A of the CFC. 9. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. Approved NFPA 13 D systems will be required for each individual unit. Shop Drawings and Specifications shall be submitted for review and approval prior to installation. 10. Buildings undergoing construction, alteration or demolition shall be in accordance with Article 87 of the CFC. 11. Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75'of travel and at each exit. On motion by Commissioner Stevenson, seconded by Commissioner Christianson, and on the following roll call vote: AYES: Brodie, Ashbaugh, Christianson, Miller, McCoy, Stevenson, Gould-Wells NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 10th day of January, 2007. 1 Doug Davids , Secretary Planning Commission - Attachment 7 Meeting Actions ARCHITECTURAL REVIEW COMMISSION December 4, 2006 Monday 5:00 p.m. Diane, since these two projects were essentially discussed as a single project, e letter makes more sense. I think that the strategy will be to create single lett and put copies in each file. 1. 303 el Mar Court. ARC MI 146-05; Review of anew single-f ily home on a sensiti site; R-1 zone; Tomas Schoff, applicant. (Continued f m November 20, 2006) 2. 307 Del Mar ourt. ARC MI 147-05; Review of a ne single-family home on a sensitive site; R- zone; Tomas Schoff, applicant. (Co nued from November 20, 2006) (Phil Duns re) The Commission granted fi I approval to the proje , based on the following findings, and subject to the following co ditions and code re irements: Findings 1. The proposed scale and design of c esidence will be compatible to surrounding residential dwellings since the hes of the buildings are similar to adjacent buildings and the exterior finis es complement existing structures in the neighborhood. The deep site and arrow eet frontage help to reduce the apparent mass of the proposed structures 2. The project is consistent with General PI policies, which promote the intensification of infill site and goals to provide variety of housing types in the community since the pr posed development will re lace existing non-conforming residential structures new homes with more moder and efficient floor plans. 3. The project is co istent with the City's Community Desi Guidelines since the colors, material and landscape plantings complement t neighborhood and reflect the sing -family character of the vicinity. 4. The proj t is exempt from environmental review under C ss 32, In-Fill Develop ent Projects, Section 15332 of the CEQA Guidelines. Con diti s 1. a final project design and construction drawings shall be in subs t ntial compliance with the project plans as amended and approved by the ARC. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as y-� 9 -' Attachment 7 Architectural Review Commission Page 4 11. The new water service and water meters shall be sized in accord ce with the approved fire sprinkler plans. It may be prudent to consider pgrading the existing service and install a meter manifold to serve all dw ngs rather than adding a second service. Secondary units, by city policy equire a separate ater meter. 12. The 'Iding plan submittal shall include a complete ading, drainage and topo plan. Th rading plan shall show existing structur and grades located within 15' of the p erty lines in accordance with the rading ordinance. The plan shall consider h` toric offsite drainage tributary this property that may need to be conveyed alon ith the improved on-sit drainage. This development will alter and/or increase he storm water ru off from this site. The improved drainage shall be direct e to the street d not across adjoining property lines unless the drainage is c veyed w' in recorded easements or existing waterways. 13. The planning application submitt all show all existing trees on the property with a trunk diameter of 3" or eate . The plan shall note which trees are to remain and which trees are roposed removal. Include the diameter and species of all trees. Tree canopies sho d generally be shown to scale for reference. Tree removal shown on the AR lans shall be supported by both the ARC and City Arbo t. If there is not agree ent on the proposed removals, this item shall be ref ed to the Tree Committe in accordance with the Tree Regulations. The pl n shall show all existing and pr osed street trees. Offsite trees along the ad' ming property lines shall be shown reference. 14. Compensatory ree plantings may be established by the ity Arborist, ARC, and/or Tree mmittee. The building plan submittal show and ote any required plantings. 15. Tree p tection measures shall be implemented to the satisfaction the City Arbo ' t. The City Arborist shall review and approve the propo d tree pro ction measures prior to commencing with any demolition, gradi or c struction. The City Arborist shat) approve any safety pruning, the cutti of ubstantial roots, or grading within the dripline of trees. A city-approved arbo ' t shall complete safety pruning. Any required tree protection measures shall b shown or noted on the building plans. 3. 1043 .Ella Street. ARC 21-06; Review of a 16-unit condominium conversion project; R-2 zone; Brian Rolph, applicant. (Brian Leveille) The ARC continued the item to a date uncertain with the following direction: ZI ^36 Attachment 7 Architectural Review Commission Page 5 1. The parking lot area needs to be shown consistent with the minimum requirements of the City's Parking and Driveway Standards. The dimensions of all parking spaces, bay widths, planter islands, and drive aisles need to be included on plans to confirm compliance. The materials of all proposed parking and driveway surfaces need to be called out on plans and samples of these materials submitted for ARC review and approval. The additional planters in the parking lot areas shown on project plans were found to be acceptable with modifications to the number and sizes of the triangular-shaped tree planters on the edge of the lot to fully accommodate trees and more closely meet standards. 2. Covered parking was determined not to be necessary because of space constrictions and the desire to keep open views into the adjacent hillside open space area and of City views beyond. If carports were ultimately required for the project, the Commission preferred to see them placed in the parking lot area closest. to buildings (Spaces 1-12). 3. Utilize alternative materials such as textured, colored asphalt, bricks, pavers, colored concrete, or turf block to create an attractive 4-foot wide pedestrian walkway along the main entry driveway from Ella Street. Alternative materials may be combined with areas of asphalt at the rear of the driveway to reduce the overall cost of construction. The proposed modifications shall be indicated on a revised site plan appropriate for ARC review. 4. Modify building elevations to incorporate the following architectural details into the project: a. Hand troweled or smooth exterior stucco. b. A color of architectural grade composition roofing to coordinate with proposed building colors(not black). c. Vertically opening double-hung windows on both floors, except where egress requirements need to be met (bypass sliders with upper divided lights are acceptable in these cases). d. Accent trims and shutters on second floor windows (wood siding) and projecting wood sills on first floor (stucco). e. Revise dormer locations to provide a continuous eave fascia. f. Consider additional dormers on Buildings 1 & 2 facing the street. g. Include panelized shutters and consider paneled doors. h. Columns on floorplans shall match the elevations in terms of their size, have a smooth finish, and be constructed in the Colonial style. 5. Reconfigure the deck areas on the site plan to demonstrate consistency with Condominium Regulations for the provision of 250 square feet of private open space. Calculations provided on the sheet shall match dimensions and be consistent with those provided on the site plan. Provide setbacks from the newly proposed decks to the property line. Revised plans shall demonstrate how physical barriers will be installed to assure visual separation between private decks. - Attachment 7 Architectural Review Commission Page 6 6. A detailed landscape plan prepared by a Landscape Architect shall be provided with plans submitted for final review. The plan shall call out the locations, sizes, and species of all proposed plant materials and include a complete planting legend. The plan shall include information to clarify how the proposed decks in the common open space areas integrate with the planned landscaping, architecture, and parking. The plan shall also include some tree planting on the slope area facing Ella Street and additional trees on the north side of the parking lot. 7. Provide revised plans showing the newly constructed retaining wall on Ella Street on site plans and elevations. Indicate the new height of the wall and that it will include a plaster finish and a cap. 8. Provide a trash and recycling plan approved by the San Luis Garbage Company for storage and collection. The plan shall not conflict with parking arrangements in the project. Resolution of these issues could affect available parking. The enclosure shall include a trellis and its gate and finish materials should be compatible with proposed development. 9. Show the location of utility meters outside of the public right-of-way as requested by the Utilities Division. 10. Explore a pedestrian access to Ella Street between Buildings 1 & 2 in conjunction with the retaining wall that would have to be reworked. y-3� � Attachment 8 COUncit Mm na D.m /_D� j, AQenaa nEpont �N R 636 CITY O F SAN LUIS O B I S P O FROM: John Mandeville, Community Development Director Prepared By: Brian Leveille, Planning Technician SUBJECT: CONSIDERATION OF A CONDOMINIUM CONVERSION FOR 16 APARTMENTS AT 1043 ELLA STREET (CON 21-06). CAO RECOMMENDATION Adopt the attached resolution approving a condominium conversion for 16 units at 1043 Ella Street (Vista Del Ciudad Apartments, CON 21-06) DISCUSSION Situation The City's process to consider the conversion of rental apartment properties to "for sale" condominiums is regulated by Chapter 16.17 of the Municipal Code (Attachment 2). This year the City has received one such request. With only one application for conversion, and no necessary project ranking from the Planning Commission, the application has been forwarded directly to the City Council for consideration. Chapter 16.17 establishes numerical limits for condominiums that may be converted annually. The limits are defined as "half the number of multi-family rental dwelling units added to the City's housing stock in the previous year minus the number of such units demolished", and are intended to protect the City's supply of rental housing. In 2005, a net of 58 multi-family rental apartments were added to the City's housing stock; therefore, 29 condominiums may be converted in 2006. The applicant's request to convert 16 units is less than the maximum allowable condominium conversions for 2006. The conversion approval process is only the first step. If the applicant's request is approved, the project will need to return to the Planning Commission and City Council to process a condominium . tract map. With the review of the tract map, specific code requirements and conditions will be applied to the project. The project would also require subsequent review by the Architectural Review Commission to review building and site improvements. At this time, the Council's review is to consider whether or not the apartment project should be allowed to begin the conversion process. Data Summary Address: 1043 Ella Street Applicant/Property Owner: . Brian Rolph Zoning: R-2 General Plan: Medium-Density Residential Environmental Status: Condominium conversions are exempt from CEQA in accordance with Section 15301 k, "Existing 1/ Attachment 8 Council Agenda Report—CON 21-06 Page 2 s Facilities", of CEQA. Site Description The property is approximately one acre in area and is located on the south side of Ella Street at the base of Terrace Hill. The existing development consists of a sixteen unit apartment complex known as "Vista De La Ciudad" apartments. The units were originally constructed in approximately 1970 and consist of four separate buildings each containing 4 units. An asphalt parking area and a small common area deck is located on the site. Proiect Description The applicant is proposing to convert 16 rental apartments to "for sale" condominiums. This includes retrofitting each unit with separate utilities and performing upgrades to the parking area and site to comply with current zoning standards. The project will also require significant site work including common open space improvements and incorporation of site amenities that are typically required for condominium projects. Additionally, the applicant is proposing a Neo-Colonial face lift, new windows and doors, new plumbing and 'electrical fixtures, new roof, cabinets and millwork, and new flooring. The architectural changes to the building will result in the removal of the existing mansard roof and constructing a complete new roof with gable ends. As discussed in additional detail below, two affordable units are proposed. Evaluation The following paragraphs evaluate the conversion for consistency with General Plan Policies and the City's Condominium Regulations established within the City's Subdivision Regulations. 1. General Plan.Consistency While Housing Element policies do not favor rental over ownership housing, (or vice versa) there are however, General Plan Policies that promote the preservation of affordable housing. The following General Plan Policies need to be taken into consideration when reviewing the proposed conversions. H 2.2.4:.Creation of Various Housing Types Encourage housing production for all financial strata of the City's population, in the proportions shown in the Regional Housing Needs Allocation for the 2001 — 2009 planning period. These proportions are: very low income, 34%; low-income, 19%; moderate income, 20%; above moderate income, 27%. Evaluation: Maintaining a variety of housing types is important to providing housing for all financial strata of the City's population. This includes rental and ownership housing, as well as apartments, duplexes, and single family detached housing. It is generally thought that attached rental housing (especially apartments) is the most affordable housing type because of lower land cost per unit, relatively smaller size, and no down payment costs or mortgage financing costs. 1/ 11 Attachment 8 Council Agenda Report—CON 21-06 Page 3 Close examination reveals that there are many factors that can result in apartment rents that are not affordable. Even so, the City regulates the conversion of apartments to condominiums so as to insure there is no net decrease in the number of apartments in the City. In addition, older dwellings may not comply with current housing codes, providing the City with a reason to support new investment into aging housing stock. The City's Condo Conversion Regulations require that the number of apartments converted to condominiums cannot exceed the number of new apartments built in the previous year. Last year, 58 new apartments were constructed. The request to convert 16 apartments is less than the number of new apartments constructed last year. H 3.2.2: Discourage the removal or replacement of housing affordable to very-low, low, and moderate income households by higher cost housing.......unless such actions are necessary to achieve General Plan objectives and: (1) it can be demonstrated that rehabilitation of lower-cost units at risk of replacement is financially or physically infeasible, or (2) an equivalent number of new units comparable or better in affordability and amenities to those being replaced is provided, or (3) the project will correct substandard, blighted or unsafe housing; and(4) replacement will not adversely affect a designated historic resource. Evaluation: The proposed project would provide an equivalent number of units with comparable affordability and better amenities(item 2 above). Though the units are proposed for conversion to "for sale" units, the units are still affordable by design at less than, 1,100 square feet.. "Affordable by design" means that where typically cost per square foot is a common denominator among housing units, with smaller dwellings typically costing less than larger dwellings. Two units will be deed restricted at the "very low" income level for 30 years. This is a substantial increase in long-term affordability since there are no units within the project that are currently deed restricted. Also, adding very-low income units to our housing stock, particularly in a private development, is noteworthy as at this time those units will be available only to families with a maximum annual income of$28,700..Very low income units rent for a maximum of$718 per month and sell for a maximum of$86,100. For amenities, the project will offer improved common and private open space area, and improved access to the Terrace Hill open space area. The conversion- project would also improve the condition of the ageing structures with significant site work that would include new roofing, a Neo-Colonial facelift, new windows and doors, new plumbing and electrical fixtures, cabinets and millwork, all of which will improve the appearance and safety of the existing structures constructed in 1970. L U 2.5:Affordable Housing The City will help conserve and increase residential opportunities for residents with very low, low, or moderate incomes. As explained more fully in the Housing Element, each development project should contribute in some way to the conservation or production of affordable housing, considering the opportunities and limitations for the project. The major residential expansion areas, in particular, should include a wide range of housing types and costs to meet the needs of various income levels and housing preferences. Attachment 8 Council Agenda Report—CON 21-06 Page 4 H 4.2.2:Apartments and Condominium Projects Include both market-rate and affordable units in apartment and residential condominium projects and intermix the types of units. Affordable units should be comparable in appearance and basic quality to market-rate units. Evaluation: The Condo Conversion Regulations are designed to mitigate the displacement of low and.moderate income persons by requiring affordable housing provisions to be incorporated into the conversion. At a minimum, condominium conversions are subject to the City's Inclusionary Housing Requirements which require a percentage of the units to be deed restricted to affordable housing standards for a minimum of 30 years. The applicant's project already contains 16 units where 12 is the standard maximum density for a 1.02 acre project in the R-2 zone. The applicant is providing two "very low" deed restricted units to achieve a density bonus to be in substantial conformance with the Zoning Regulations requirements and all of the units are anticipated to be affordable by design based on their size. 2. Property Development Standards Condominium Conversion property improvement standards state that conversion projects shall substantially conform to the City's building,housing codes, and Zoning Regulations in effect on the date the conversion project is approved. Three significant changes to this property will need to occur in order for it to substantially conform with the applicable standards. These include common open space, parking and driveway improvements, and density. Each of these changes is discussed in the following. a. Densi The site exceeds allowable density by four units. In the R-2 zone, the 1.02 acre site should have a maximum of 12 units. To bring the site into compliance with Zoning Regulations density standards, the applicant would have to qualify for a 25% density bonus. To qualify for this density bonus, the applicant could either deed restrict three units at the "moderate" income level, or two units at the "very low" level. The applicant has opted to provide two units at the "very low" income level to qualify for the density bonus, bringing the 16 unit project into compliance with the Zoning Regulations' density standards. b. Parking and Driveway Standards The existing parking lot is non-conforming since there are no landscape planters and the configuration of the parking needs to be adjusted to meet minimum bay and stall dimensions. To bring the parking into substantial compliance, planting areas will have to be added and pavement will have to be re-striped to meet parking space width and depth requirements. c. Common and Private Open Space To meet the intent of the condominium requirements, open space areas are required to be improved with usable amenities. The applicant proposes an increased common area deck including new landscaping. Additionally, private yards and decks are proposed for each unit. In order to meet the common open space requirements, the applicant agreed to increase the width of an existing 10-foot pedestrian access easement that currently leads from the end of Rachel Attachment 8 Council Agenda Report—CON 21-06 Page 5 Street to the Terrace Hill open space area. The applicant has also agreed to construct a pathway within this easement to allow public access from Rachel Street up to Terrace Hill. This would provide for a significant amenity for the project with useable common open space area and improved linkage to the nearby open space areas that would also benefit neighborhood residents. Conclusion The proposed conversion accomplishes several City policy goals. The proposed remodel of the site and buildings will bring the property in compliance with the City's current Community Design Guidelines, the City's Subdivision Regulations, and the City's Parking and Driveway Standards. Furthermore, the guarantee of two affordable units accomplishes City Housing Element goals and provides for long-term affordability. The affordability component, building and site area improvements, and enhanced open space access for area residents, offset concerns that there will be a loss of affordable rental housing stock. Even with significant upgrades, the proposed conversion will result in ownership properties that will likely be affordable by design due to the size and configuration of the units. CONCURRENCES The conversion requests have been reviewed by other City departments including Public Works, Utilities, Building and Fire. Project conditions require Building Code upgrades and other upgrades associated with the general condition of each property to comply with City Standards. FISCAL EWPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Allowing conversions of multi family rental properties to individual "for sale"properties is not likely to create significant fiscal impacts. ALTERNATIVES 1. Continue this action and request additional information from staff or the applicants. 2. Deny the request for conversion. ATTACHMENTS: 1. Vicinity Map 2. Reduced scale project plans 3. Draft Council Resolution approving a conversion for 1043 Ella Street G:Bleveille/CondoConversions/CGN 21-06 -�7 . I I Attachment 9 RESOLUTION NO. XXXX-07 A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION FOR 16 APARTMENTS AT 1043 ELLA STREET APPLICATION NO. TR 21-06 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 10, 2007, and recommended approval of Application No. TR 21-06 to the City Council, a request to approve a Tentative Tract Map to finalize the Condominium Conversion for 16 apartments known as Vista De La Ciudad at 1043 Ella Street; and WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 20, 2007, to consider application no. TR 21-06, a request to approve a Tentative Tract Map to finalize a Condominium Conversion for 16 apartments known as Vista De La Ciudad; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review(CEQA); and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff and the Planning Commission, presented at said hearing. ' NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints, results in condominium units that meet density standards, and will be consistent with the density and development limits established by the Medium Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R-2 zones since the project consists of existing development that will receive building and site improvement enhancements to substantially conform to current City Regulations and to meet improvement standards for airspace condominiums as required in the Subdivision Regulations. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision.. 4. The proposed condominium conversion is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since all of the Attachment 9 Resolution No. [ ] Page 2 existing apartments can be rented at market rates and the conversion will provide two deed restricted affordable units at the "very low" category consistent with the City's Inclusionary Housing Ordinance and the other units are affordable by design. 5. As conditioned, the conversion complies with all regulations and property improvement standards for condominium conversions. 6. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 7. The property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. 6. In accordance with the Condominium conversion standards the applicant has appropriately delivered a notice of intent to convert to each tenant. 7. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 8. In light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 9. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 10. The project is categorically exempt from environmental review under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines. Section 2. Approval Subject to Conditions. The City Council does hereby approve Application No. TR 21-06, a request to approve a Tentative Tract Map to convert 16 apartment units at 1043 Ella Street to individual ownership condominiums in accordance with Municipal Code Chapter 16.17, subject to the following conditions: 1. Prior to the submittal of building plans and final map review, final ARC approval shall be obtained for the project. Submitted plans shall be fully consistent with plans approved by the ARC. 2. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 3. The existing curb, gutter and sidewalk along with the driveway approach shall be removed and replaced per City of San Luis Obispo Engineering Standards and Specifications. The sidewalk shall be a minimum of six feet in width and the driveway approach shall incorporate an accessible path of travel. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The applicant shall have the option of either removing and replacing the existing retaining wall or widening toward the street. If the applicant chooses to widen the sidewalk Attachment 9 Resolution No. [ ] Page 3 toward the street, there shall be no reduction in curb height, nor will deviations to the street cross section be allowed. Additionally, the applicant shall submit calculations in the detailed drainage analysis showing that the reduced street section can accommodate the tributary storm water run off. 4. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition of this subdivision approval. The improvements shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The developer is responsible for any required engineering and/or surveying. 5. The applicant shall provide for post-development storm water quality management for the existing impervious surfaces in accordance with Engineering Standard Section 101O.B. 6. The applicant shall prepare conditions, covenants, and restrictions (CC&Rs) to be approved by the Community Development Director and City Attorney prior to final map approval. CC&Rs shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on-site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City-required provisions of the CC&Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. 7. A barbeque facility and picnic bench shall be incorporated into common open space areas. The design of the improvements shall be reviewed and approved by the Community Development Department. The improvements shall be constructed prior to recordation of the final condominium map. y—yo Attachment 9 Resolution No. [ Page 4 8. Prior to (or in conjunction with)recordation of the final map, a minimum of two (2) units shall be deed restricted for at least 30 years as affordable to "very low" income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. Prior to submittal of building plans an affordable housing plan shall be submitted to the Community Development Director for review and approval. Code Requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. The project is subject to all requirements in effect at the time of the building permit or map vesting date. 1. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right-of-way. 2. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit issuance for work in the public right-of-way. 3. The driveway and parking areas shall comply with the current Parking and Driveway Standards for dimension, maneuverability, and materials. This development shall comply with the Waterway Management Plan. Provide a preliminary hydrologic and hydraulic analysis report at the time of application for discretionary approvals in accordance with the Waterway Management Plan Volume,III, Drainage Design Manual. 4. This re-development shall comply with the Waterway Management Plan, Volume III, Drainage Design Manual. A plan shall be submitted along with a complete hydrologic and hydraulic analysis report. The analysis shall include analysis of the tributary upslope drainage. Any upslope drainage shall be designed to be conveyed in a non erosive manner through the site. The any construction plan submittal shall include erosion control measures in accordance with Section 10.0 of the manual and post-development stormwater quality management in accordance with Engineering Standard Section 1010.13. 5. Fossil filter inserts (drain inserts) are only recognized as an acceptable BMP in conjunction with other measures or as an upgrade or retrofit to an existing development where other treatment options are not feasible. The use of drain inserts only shall be fust approved by the city. 6. One 15-gallon street tree shall be planted per City standards for each 35 lineal feet of frontage. The City. Arborist shall approve the tree species, planting requirements, and whether the street trees shall be planted in tree wells in the sidewalk area or behind the back of walk in the front yard. Contact City Arborist Ron Combs at 781-7023 for specific questions or requirements and to evaluate any existing trees. 7. Fire Department access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to y�� Attachment 9 Resolution No. [ j Page 5 support the imposed loads of a 60,000 pound.fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 8. Water Supplies shall be in accordance with Sections 901 and 903 of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using Appendix III-A of the CFC. 9. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. Approved NFPA 13 D systems will be required for each individual unit. Shop Drawings and Specifications shall be submitted for review and approval prior to installation. 10. Buildings undergoing construction, alteration or demolition shall be in accordance with Article 87 of the CFC. 11. Portable fire extinguishers,rated 2A, 10 BC, shall be mounted within 75'of travel and at each exit. 1. If not already installed and operational, each unit shall be supplied with individual meters for gas, water and electrical service. Location and type of metering shall be subject to review and approval of the City Community Development Department and the Utilities Department. 2. A property condition report shall be submitted to the City prior to recordation of the final map. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. 3. Any improvements necessary to comply with the property improvement standards for condominium conversions (Chapter 16.17 A-H) shall be completed prior to approval of the final condominium map. Such improvements include (but may not be limited to): private open space yards, bicycle storage lockers, retrofitting units with additional energy compliance requirements such as increased insulation or insulated windows, restoration and refurbishing of landscape areas, installation of common area improvements, installation of smoke detectors and fire protection systems, or repair and upgrades of parking areas. 4. Conditions, Covenants and Restrictions (C.C.&R.$) are required, to the approval of the Community Development Director and the Public Works Director. The C.C.&R.s shall include a description and regulations pertaining to the open space easement and all common areas. The CC& R's shall be submitted to the Community Development Department for review by the City Attorney prior to recordation of the map. 5. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. Grp Attachment 9 Resolution No. [ ] Page 6 6. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition of this subdivision approval. The improvements shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The developer is responsible for any required engineering and/or surveying. 7. The applicant shall provide for post-development storm water quality management for the existing impervious surfaces in accordance with Engineering Standard Section 1010.13. 8. A barbeque facility and picnic bench shall be incorporated into common open space areas. The design of the improvements shall be reviewed and approved by the Community Development Department. The improvements shall be constructed prior to recordation of the final condominium map. 9. Prior to the submittal of building plans and final map review, final ARC approval shall be obtained for the project. Submitted plans shall be fully consistent with plans approved by the ARC. 10. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body concerning this subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 11. Each of the tenants of the proposed conversion shall be given notice of an exclusive right to contract for the purchase of his or her unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. 12. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. 13. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 14. The parking lot areas shall be reconstructed to repair damaged asphalt as necessary, prior to recordation of the map. Patching and sealing of some. areas may be appropriate, however significantly deteriorated asphalt areas shall be removed and reconstructed rather than patched. Planning and Public works staff will verify the extent of reconstruction required. 15. The existing curb, gutter and sidewalk along with the driveway approach shall be removed and replaced per City of San Luis Obispo Engineering Standards and Specifications. The sidewalk shall be a minimum of six .feet in width and the driveway approach shall incorporate an accessible path of travel. The applicant shall submit Public Improvement G/-y3 -- Attachment 9 Resolution No. [ ] Page 7 Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The applicant shall have the option of either removing and replacing the existing retaining wall or widening toward the street. If the applicant chooses to widen the sidewalk toward the street, there shall be no reduction in curb height, nor will deviations to the street cross section be allowed. Additionally, the applicant shall submit calculations in the detailed drainage analysis showing that the reduced street section can accommodate the tributary storm water run off. 16. Private open space yards shall be constructed as proposed at time of condominium conversion approval. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. These features are subject to architectural review. 17. Prior to (or in conjunction with) recordation of the final map, a minimum of two (2) units shall be deed restricted for at least 30 years as affordable to very low income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. (End of Conditions) On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of , 2007. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney y-�7