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HomeMy WebLinkAbout09/18/2007, PH2 - TENTATIVE TRACT MAP TO FINALIZE AN APPROVED CONDOMINIUM CONVERSION FOR 10 APARTMENT UNITS (1302 & 1 council D.W°I/ 7 j acEnda REpont CITYOF SAN LUIS O B I S P 0 FROM: John Mandeville, Community Development Direc r Prepared By: Tyler Corey, Associate Planner SUBJECT: TENTATIVE TRACT MAP TO FINALIZE AN APPROVED CONDOMINIUM CONVERSION FOR 10 APARTMENT UNITS (1302 & 1314 PALM STREET,TR 11-07). CAO RECOMMENDATION As recommended by the Planning Commission, adopt Draft Resolution "A", approving a tentative tract map to create ten airspace residential condominiums located at 1302 & 1314 Palm Street (TR 11-07). DISCUSSION Data Summary Address: 1302 & 1314 Palm Street Applicant: Fonte, Rossi & McAdams Representative: Louisa Ann Smith Zoning: R-3-H (Medium-High Density Residential Historic) General Plan: Medium-High Density Residential Environmental Status: The project is exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities). Situation In accordance with Chapter 16.17 of the Municipal Code, the City Council approved a condominium conversion for 10 apartment units located at 1302 & 1314 Palm Street on May 15`h, 2007 (Attachment 3). The entitlement process to allow the conversion of apartment units to "for sale" condominiums is a two step process. The first step, previously approved by Council, involves an action to either approve or deny the conversion request. The second step requires the review and approval of a tract map to finalize those conversions that were supported in Step 1. The applicants are now seeking approval of a vesting tentative tract map to finalize the approved conversion. According to the City's Subdivision Regulations, Council approves or denies condominium projects with five or more units after considering a Planning Commission recommendation. On August 22, 2007, the Planning Commission unanimously recommended approval of the vesting tentative tract map to the City Council (Attachment 4). ��l Council Agenda Report—TR 11-07 September 18,2007 Page 2 Site Description The moderately sloping, rectangular shaped site consists of approximately 15,410 square feet and is located on the northeast corner of Palm Street and-Johnson Avenue. The site is within the Mill Street Historic District and includes the Righetti House, which is on the Master List of Historic Resources due to its architectural and historical significance. Built in 1877, the Righetti House is one of the largest and best examples of the Queen Anne style of home building, and one of the oldest surviving wood frame residences of this genre in the City. A new detached 2-bedroom dwelling unit with covered parking is currently under construction. The surrounding area is residential in character and developed with single-family residences and apartments. Zoning surrounding the site is shown in the attached vicinity map (Attachment 1).. Proiect Description The vesting tentative tract map will convert 10 rental apartment units to ownership condominiums. Nine of the units are located within the historic Righetti House and one detached unit is under construction. As part of the restoration project to the Righetti House, the structure was updated to current building code standards, which included the installation of separate utilities, fire sprinklers and smoke detectors to each unit. The proposed project will require some additional site work including common area improvements and incorporation of amenities that are typically required for condominium projects. One "moderate" income deed restricted affordable unit(Unit #4) is proposed. Planning Commission Action On August 22, 2007, the Planning Commission, on a 5-0 vote (Gould-Wells absent; Brodie recused) recommended that the City Council approve the tentative tract map, based on findings and subject to conditions and code requirements (Attachment 4). The Commission modified condition #12 items a. & b. to clarify how the historical preservation obligations of the Mills Act property will be tied together with the future maintenance responsibilities of the owners and HOA, and finding#6 to state that the project would have no adverse impact on historical resources. Other than a brief presentation by the applicant's representative, there was no public testimony on the item. The draft Planning Commission hearing minutes are attached (Attachments 5). General Plan Consistency General Plan conformity is essential in reviewing this application. The City must make a finding that a tentative map approval is consistent with the General Plan. The attached Council Agenda Report (CAR) prepared for Step 1 of the conversion process includes a complete General Plan analysis for the project (Attachment 6). Both Council and the Planning Commission found the project consistent with the General Plan for the following reasons: r� Council Agenda Report—TR 11-07 September 18,2007 Page 3 1. The project will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. 2. The project provides dwelling units with sizes and configurations that are considered affordable by design. Property Improvement Standards for Condominium Conversions The Property Improvement Standards for Condominium Conversions 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. Overall, the project complies with all property development standards with the exception of private open space, parking and storage. These issue areas were reviewed by Council and the Planning Commission and the project was found to substantially comply with current standards. Please see Attachment 6 (CAR) for a complete Property Improvement Standards analysis. Conclusion While the project does not fully meet all property development standards, both Council and the Planning Commission found the conversion request to be in substantial compliance as well as accomplishing several City policy goals. The process of approving the tract map is essentially a procedural review since the permission to convert these apartments to condominiums has already been approved. The tract map process is still important, however, since it ensures that all pertinent project conditions will be fulfilled prior to recordation of the map and the ultimate sale and transfer of the condominium units. Next Steps Tract maps are approved through a two-step process: first a tentative map, and then a final map. The applicant must satisfactorily complete all conditions of the tentative map before City consideration of the final map. Final maps are brought back to the Council for action on the Consent Calendar. 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. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. 2 -.3 C� J Council Agenda Report—TR 11-07 September 18,2007 Page 4 ALTERNATIVES 1. The Council may approve the project with modified findings and/or conditions. 2. The Council may deny the proposed subdivision, based on findings of inconsistency with the General Plan as specified by the Council. 3. The Council may continue review of the project, if more information is needed. Direction should be given to staff and the applicants. ATTACHMENTS 1. Vicinity Map 2. Reduced scale project plans 3. Council Resolution No. 9901 (2007 series) 4. Planning Commission Resolution No. 5489-07 5. Draft Planning Commission minutes 6. May 15, 2007, CAR 7. Electric vehicle specifications 8. Draft Resolution"A"as recommended by the Planning Commission and staff 9. 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HR.I WE r, NEI In= �3�,i\,Ilflllfllllllliillll�llll Attachment 3 RESOLUTION NO.9901 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOWING A CONDOMINIUM CONVERSION FOR 10 APARTMENTS LOCATED AT 1302 & 1314 PALM STREET (CON 11-07) WHEREAS, the City Council 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 May 15, 2007, for the purpose of considering Application No. CON I1-07, a request to convert 10 apartments to condominiums; 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 Guidelines, Section 15301 (k),Existing Facilities); and WHEREAS,the Council has duly considered all evidence, including the testimony of applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed condominium conversion is consistent with the General Plan because the conversion of apartments to condominiums will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations, and the size and configuration of the units are considered affordable by design. 2. The proposed project is consistent with the annual limits for the conversion of apartments to condominiums since half the number of apartment units added to the City's housing stock in 2006 (13)is greater than the proposed number of conversions (10). 3. As conditioned, the project is in substantial compliance with the Property Improvement Standards for Condominium Conversions, building and housing codes, and Zoning Regulations. 4. In accordance with the Condominium Conversion Regulations, the applicant has appropriately delivered a notice of intent to convert to each tenant. 5. The existing apartments, due to location, design, condition, and substantial conformance with property development standards are appropriate for conversion to individual ownership units and will result in a satisfactory living environment for future property owners. 6. An equivalent number of new units comparable in affordability and amenities to those being R 9901 Zr/� 1 - Attachment 3 Resolution No.9901 (2007 Series) Page 2 converted are being created as apart of the project. 7. In tight of the above findings, there exist adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 8. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family residences into condominiums is categorically exempt from environmental review. SECTION 2. Action. The City Council does hereby approve Application No. CON 11-07 with incorporation of the following condition and code requirements into the project: Condition 1. Electric vehicles shall be included as part of the purchase of five of the units and shall be sized appropriately for their designated garage spaces. Specific units to be designated with the electric vehicles shall included in the project CC&R's and determined prior to recordation of the final map. Code Requirements 1. The applicant shall apply for a tentative tract map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 16.17 (Common Interest Subdivision and Condominium Conversions). 2. The applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. 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. 3. Each non-purchasing tenant not in default under the provisions of the rental agreement or lease shall have the right to remain not less than 180 days from the date of approval of the condominium conversion by the City Council. 4. A tenant's rent shall not be increased from the time an application for conversion is submitted to the City for processing to 180 days following City Council approval of the conversion. 5. After submittal of the condominium conversion application to the City, prospective tenants shall be given a written notice of intent to convert prior to leasing or renting any unit. 6. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. Attachment 3 Resolution No. 9901 (2007 Series) Page 3 On motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15'h day of May 2007. Mayor David .Romero ATTEST: Audrey Ho er City Clerk APPROVED AS TO FORM: C onatha . Lowell i ttomey Attachment 4 RESOLUTION NO. 5489-07 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A VESTING TENTATIVE TRACT MAP FOR PROPERTY LOCATED AT 1302 & 1314 PALM STREET (TR 11-07; TRACT 2949) WHEREAS, the City Council 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 May 15, 2007, and approved Application No. CON 11-07, a request to convert 10 apartments to condominiums; and 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 August 22, 2007, for the purpose of considering TR 11-07, a vesting tentative tract map to finalize an approved condominium conversion for 10 apartment units; 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 conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities) and the project as proposed will not have an adverse impact on historical resources; 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings in support of the tentative tract map: 1. The proposed condominium conversion is consistent with the General Plan because the conversion of apartments to condominiums will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations, and the size and configuration of the units are considered affordable by design. 2.. The vesting tentative tract map is in substantial compliance with the Property Improvement Attachment 4 Planning Commission Resolution#5489-07 TR 11-07 Page 2 Standards for Condominium Conversions, building and housing codes, and Zoning Regulations. 3. In accofdance with the Condominium Conversion Regulations, -the applicant has appropriately delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the Subdivision Map Act. 4. Each of the tenants will be given written notification within 10 days of approval of final map for the conversion. 5. Each of the tenants of the proposed conversion has been (or will 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. 6. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family residences into condominiums is categorically exempt from environmental review and the project as proposed will not have an adverse impact on historical resources. Section 2. Recommendation. The Planning Commission does hereby recommend to the City Council approval of application TR 11-07 with incorporation of the following conditions and code requirements into the project: Conditions: 1. Electric vehicles shall be included as part of the purchase of five of the units and shall be sized appropriately for their designated garage spaces. Specific units to be designated with the electric vehicles shall included in the project CC&R's and determined prior to recordation of the final map. 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. A barbeque facility and fixed seating shall be provided within the common recreation areas of the project site, subject to the approval of the Community Development Director. The improvements shall be installed prior to recordation of the final map. 4. The existing frontage improvements along Palm Street and .Johnson Avenue shall be upgraded, altered, or replaced to the satisfaction of the City Engineer prior to map recordation. The required improvements may be shown on an approved public improvement plan and bonded for if the work is not completed prior to recordation. z-/9 Attachment 4 Planning Commission Resolution#5489-07 TR 11-07 Page 3 5. The displaced curb along Palm Street shall be replaced with City standard curb and gutter. If the sidewalk is in an acceptable condition, the new curb and gutter may be doweled into the existing sidewalk. The displaced section of walk near the granite wall shall be repaired or replaced as necessary. 6. The existing curb ramp located at the corner of Johnson Avenue and Palm Streets shall be replaced to comply with current City, Cal Trans, and ADA standards. The scope of work may require the removal or alteration of the spandrel and/or street paving to create a level landing in accordance with the most current public right-of-way Accessibility Guidelines. An engineered plan shall be provided for the curb ramp upgrade.. 7. Curb, gutter, and sidewalk along Johnson Avenue shall be repaired or replaced where not otherwise completed as a part of the Righetti House remodel, carriage house construction and the related building permit approvals and encroachment permits. 8. The existing offset survey monumentation shall be re-established as necessary if disturbed by the curb ramp upgrade or other sidewalk/driveway improvement work. 9. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement across the property frontage. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering the lot. The street tree easement is not required where the required street trees will be planted in tree wells in the public sidewalk. 10. One 15-gallon street tree may be required for each 35 lineal feet of frontage. The City Arborist shall approve the tree species, planting requirements, and final number and spacing of the proposed trees based on the existing site development and existing tree plantings. 11. Unless otherwise approved by the City Engineer and City Arborist, all new required street trees shall be planted in tree wells in the public sidewalk in accordance with City Engineering Standards#8010, #8130, and#8220. 12. Subdivider 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; and to ensure maintenance and preservation of the historical resource consistent with the approved Mills Act agreement binding upon the property and its owners. Attachment 4 Planning Commission Resolution#5489-07 TR 11-07 Page 4 b. Grant to the City the right to maintain common areas and any other portion of the property integral to the preservation of the historic resource if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and further grant the right of the City to inspect the site at-mutually agreed times to assure conditions of CC&Rs, final map and Mills Act agreement 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. k. All garages must be available for the parking of vehicle at all times, to be enforced by the homeowners association and the City. 1. The five units required to receive electric vehicles shall be specifically identified. 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. The applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. 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 2 ��� Attachment 4 Planning Commission Resolution #5489-07 TR 11-07 Page 5 date is later. 2. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. The affordable housing agreement shall be recorded prior to recordation of the final map. 3. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 4. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards along the Johnson Avenue frontage. Off-site street lighting improvements may be required to complete the necessary installation. The installation of a street light on an existing wood utility pole may satisfy this code requirement if approved by P. G. & E. and the City Engineer. 5. For condominiums, the subdivider shall provide individual electrical, phone, television, natural gas, and water service and related utility company meters to each unit to the approval of the affected utility companies and the Public Works Director. 6. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right-of-way or for alterations to any public sewer, water, or storm drain systems. 7. 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. 8. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 9. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. All coordinates submitted shall be based on the City coordinate system. A CD containing the appropriate data compatible with Autocad {Digital Interchange Format, Axf for Geographic Information System(GIS) purposes, shall be submitted to the City Engineer. 10. The final map preparation and monumentation shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final map shall use Customary U.S. Units. ,2 -,t z - Attachment 4 Planning Commission Resolution#5489-07 TR 11-07 Page 6 The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo, upon the motion of Commr. Ashbaugh, seconded by Commissioner Stevenson, and on the following roll call vote: AYES: Commrs. Carpenter, Multari, Ashbaugh, Stevenson and Christianson NOES: None REFRAIN: Commr. Brodie ABSENT: Commr. Gould-Wells The foregoing resolution was passed and adopted this 22"d day of August 2007. Doug Davidsot , Secretary Planning Commission by Draft Planning Commission Minuces Attachment 5 August 22, 2007 Page 3 Commr. Multari felt that a condition addressing drainage is redundant since i ' already addressed as a Code Requirement. He did not feel that the Commission c be make a judgment which is based on a prejudice against students and supporte a project. Vice-chair Stevenson reiterated that this request is an exception standards and not a land use or parking issue, while recognizing that parking is city problem and he is sympathetic to that problem. He noted that the proposed h es are well set back from the street and that the overall plan is well designed, w' attention to maintenance of existing trees and character of the neighborhood. Commr. Carpenter agreed that this is an issue out an exception to a standard but could not support the project because he do not want to send a message that the Commission will continue to make excepti s in the future. His assertion is that the existing regulations should be upheld. Chairperson Christianson stated th student housing is a City concern but not building houses will not address the cone the City needs to address tenant/landlord issues in another forum. On motion b Commr. As au h to a rove the tentative parcel ma with exceptions to lot width and ado t t negative declaration. Seconded b Commr..Multari /Dn om Ashbaugh, Multari, Brodie, Stevenson and Christianson o mr. Carpenter ne Commr. Gould-Wells rried on a 5 : 1 vote. r Carpenter voted against the motion since he does not support granting the Subdivision Regulations. 2. 1302 and 1314 Palm Street TR 11-07; Consideration of Vesting Tentative Tract Map creating 10 air space condominiums from 10 apartment units; R-3-H zone; Fonte, Rossi and McAdams, Applicants. (Tyler Corey) Commr. Brodie recused herself because she previously resided at this address. Deputy Director Doug Davidson presented the staff report, recommending adoption of the resolution recommending that the. City Council approve the vesting tentative tract map, based on findings and subject to conditions and code requirements. He noted that one of the units will be designated as a moderate income unit (deed restricted). The overall project complies with property development standards with exceptions for parking and storage but this project will help to alleviate area parking problems. In response to questions from Commr. Multari, Deputy Director Davidson explained the Mills Act and owner obligations, and addressed the following questions: z-may ,- 11 1' Attachment 5 Draft Planning Commission Mih„Les August 22, 2007 Page 4 Does the Mills Act provide tax relief for individual owners? Yes, there can be substantial tax relief for the permanent and long term preservation of this structure although the City cannot provide tax advice. What obligations do they then incur for the preservation of the exterior? The owner obligation is dependent on how the covenants, conditions and restrictions (CC&Rs) are written and they should be created subject to Mills Act requirements with specific wording related to the maintenance and preservation of the historical resource and provide monetary punishment if the homeowners fails to perform. Will preservation be the obligation of the Homeowner's Association or each individual owner? It's the same as if each owner has entered into a separate Mills Act Agreement. How do they pool enough money for historical upkeep? This would be addressed through the CC&R's also which would be deemed as "running with the land". PUBLIC COMMENTS: Lou Smith, architect, presented photographs of the property before and after renovations showing improvement progression including the demolition of a 4-unit apartment house and a garage. She stated that the preservation is complete and maintenance is now the issue. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Ashbaugh stated his overall support of the project with a minor concern regarding the numbering of units, questioned why there seems to be excessive red curb markings near the comer, and expressed concern with parking. Commr. Stevenson felt that it was a stunning project and commended the owners. Commr. Multari felt that this project is an improvement to the city. He suggested finding #6 include the text: "the project as proposed will not have an adverse impact on historical resources, . . ." On motion .bv Commr Ashbaugh to recommend the City Council approve the Vesting Tentative Tract Map. Seconded by Vice-Chair Stevenson. AYES: Commrs. Ashbaugh, Multari, Carpenter, Stevenson, Christianson NOES: None RECUSED: Commr. Brodie ABSENT: Commr. Gould-Wells The motion carried on a 5 : 0 vote. Attachment n council [A: acjenaa uepoM py„� CITY OF SAN LUIS OBISPO FROM: John Mandeville,Community Development Direc r Prepared By: Tyler Corey, Associate Planner SUBJECT: CONDOMINIUM CONVERSION FOR 10 APARTMENT UNITS (1302 & 1314 PALM STREET, CON I1-07). CAO RECOMMENDATION Adopt a Resolution approving a condominium conversion for 10 units at 1302 & 1314 Palm Street. DISCUSSION Background 1302 & 1314 Palm Street is a moderately sloping, rectangular shaped site consisting of approximately 15,410 square feet located on the northeast corner of Palm Street and Johnson Avenue. The site is within the Mill Street Historic District and includes the Righetti House,. which is on the Master List of Historic Resources due to its architectural and historical significance. Built in 1877, the Righetti House is one of the largest and best examples of the Queen Anne style of home building, and one of the oldest surviving wood frame residences of this genre in the City. In 2005, the City Council approved a Mills Act contract for the building to ensure its long-term preservation and maintenance in return for property tax savings. A new detached 2-bedroom dwelling unit with covered parking is currently under construction. The surrounding area is residential in character and developed with single-family residences and apartments. Zoning surrounding the site is shown in the attached vicinity map(Attachment 1). The applicants, Fonte,Rossi and McAdams, are proposing to convert 10 rental apartments to"for sale' condominiums. Nine of the units are located within the historic Righetti House and one detached unit is under construction. As part of the restoration project to the Righetti House, the structure was updated to current building code standards, which included the installation of separate utilities, fire sprinklers and smoke detectors to each unit. The proposed conversion project will require some additional site work including common area improvements and incorporation of amenities that are typically required for condominium projects. As discussed in additional detail below,one affordable unit is proposed. City Process for Condominium Conversion 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. This year the City has received only one such request. With only one application for conversion, and no necessary project ranking from the Planning Commission, this request is being forwarded directly to the z-z� i Attachment o Council Agenda Report—CON 11-07 May 15,2007 Page 2 City Council for consideration. Chapter 16.17 establishes numerical limits for condominiums that may be converted annually. Intended to protect the City's supply of rental housing, 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". In 2006, a net of 27 multi-family rental apartments were added to the City's housing stock; therefore, 13 apartment units may be converted to condominiums this year. The applicant's request to convert 10 units is less than the maximum allowable for 2006. The conversion approval process is only the first step. If the applicants' request is approved, the project will need to return to the Planning Commission and City Council to process a condominium tract map. The project may also require subsequent Architectural Review to evaluate 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. General Plan Consistency While the City's 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 conversion. Listed below in bold print are applicable General Plan policies,followed by staff's analysis. 1. General Plan Housing Element Policy 2.2.4(Creation of Various Housing Types)states: "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%. Staff Analysis: 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. The proposed conversion from apartments to condominiums may change the affordability characteristics of the 10 units, but results in a project that continues to provide housing for various income groups. In addition, based on their size and configuration, the units will remain relatively affordable and could be rented. 2. General Plan Housing Element Policy 3.2.2 (Housing Conservation) states: "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". � Attachment 6 Council Agenda Report—CON 11-07 May 15,2007 Page 3 Staff's Analysis: The proposed project will not demolish, remove or replace units on the property. The project will allow for separate ownerships of the individual units with comparable affordability and better site amenities (improved common and open space areas) (item 2 above). Though the units are proposed for conversion to "for sale" units, the units are still affordable by design with an average unit size of 560 square feet, which is significantly less than what would qualify (1,100 square feet)per Table 2A of the Housing Element. "Affordable by design"means that where typically cost per square foot is a common denominator among housing units, smaller dwellings typically cost less than larger dwellings. One unit will be deed restricted at the``moderate" income level for 45 years (Unit#4). This is a substantial increase in long-tern affordability since there are no units within the project that are currently deed restricted. Also, adding a moderate income unit to our housing stock, based on the units' size (studio), is noteworthy as at this time that unit will be available to persons with a maximum annual income of $53,600. Moderate income studio units rent for a maximum of $1,118 per month and sell for a maximum of$187,600. 3. General Plan Land Use Element Policy 2.5 (Affordable Housing) states: "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". 4. General Plan Housing Element Policy 4.2.2 (Apartment and Condominium Projects) states: "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". Staff Analysis: The Condominium 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, the Regulations require at least one affordable housing unit to be offered at rents or sale prices affordable to low or moderate income persons for a minimum of 45 years. The applicant is providing one "moderate" income deed restricted unit (Unit #4). In addition, based on their size, all of the units are considered affordable by design. Property Improvement Standards for Condominium.Conversions The Property Improvement Standards for Condominium Conversions 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. Overall, the project complies with all property development standards with the exception of private open space, parking and storage. These issue areas are discussed in further detail below. Attachment v Conneil Agenda Report—CON 11-07 May 15,2007 Page 4 1. Private Open Space City standards require that each unit be provided with a minimum of 100 square feet of private open space. The minimum private open space requirement for this project is 1,000 square feet (10 X 100 = 1,000). The project proposes 695 square feet of private open space in the form of yards for units 3 &4 and elevated decks for units 1,2,5 & 8-10. Units 6 & 7 are not provided with any private open space area. The private open space areas for units 1,2,5,8 & 9 do not meet the minimum 100 square foot requirement. Units 3,4 & 10 are the only units that fully comply with the private open space requirements. Given the date of construction for the Righetti House (1887) and its architectural and historical significance, requiring modifications to the Master List building for compliance with private open space requirements could be detrimental to its historic character. In addition, given the size of the units (560 square foot average) and expected number of occupants coupled with the extensive common open space and passive recreation areas (which far exceed standards) it is anticipated that residents of the site will have adequate access to outdoor use areas. 2. Parking The project site is non-conforming with regard to parking. Based on the number of bedrooms within the project, 14 vehicle parking spaces would normally be required. The project site accommodates five standard spaces(3 covered). Previously, the site contained 15 units and 4 parking spaces. Currently, the site contains 10 units and 5 parking spaces, which is a significant improvement to the overall pre-existing parking situation. In addition, the.new detached building includes five substandard electric vehicle spaces. As a gesture of goodwill, the applicants are proposing to include electric vehicles as part of the sale of five of the units. A condition has been added to project approval that restates this requirement. The specification sheet for the proposed electric vehicles is attached for reference(Attachment 3). It should be noted that if in the future the electric spaces are no longer viable, the five substandard garage spaces could be used as additional storage space for the units. The project's parking requirement can be found to be-in substantial compliance with Chapter 17.14 of the Zoning Regulations (Non-Conforming Structures). Apartment and condominium parking requirements are the same. Therefore, the proposed conversion will not exacerbate impacts to parking. It is not recommended that the site be redesigned to accommodate additional parking because the property has historically had less parking with more units, is situated on a comer lot with over 200 linear feet of street parking(though this cannot be technically counted)and contains a Master List historic resource. 3. Storage City standards require that each unit be provided with a minimum of 200 cubic feet of private storage space. The project proposes storage areas within individual garages, under the d� �-29 ,1 Attachment 0 Council Agenda Report—CON 11-07 May 15,2007 Page 5 stairwell of the detached unit and within the common laundry room. Each unit will be provided with lockable private storage space exclusive of cabinets and closets within the units. However,storage provided for seven out of the 10 units do not meet the minimum 200 cubic-foot requirement. In order for the project to fully comply, additional storage space would need to be constructed. This isnot recommended due to the size of the units,expected number of occupants and potential reduction in area devoted to common open space and passive recreation. Conclusion While the project does not fully meet all property development standards, it can be found to be in substantial compliance as well as accomplishing several City policy goals. The guarantee of one affordable unit accomplishes applicable Land Use and Housing Element goals and provides for long-term affordability. The affordability component coupled with improved common open space and recreation areas is a trade-off for the potential loss of rental housing. Due to the size and configuration of the units, the proposed conversion is anticipated to result in ownership properties that are affordable by design. 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. Accordingly, since the proposed project is consistent with the General Plan,it has a neutral fiscal impact. ALTERNATIVES 1. The Council may approve the project with modified findings and/or conditions. 2. The Council may deny the proposed condominium conversion, based on findings of inconsistency with the General Plan or other policy document as specified by the Council. 3. The Council may continue review of the project, if more information is needed. Direction should be given to staff and the applicants. ATTACHMENTS i�r4ellAi�f�p G:ucorey\MCON 11-07 Righm HrnudCON 11-07ryidoc ' Attachment 7 Vehicle •- • . • • Specifications GEM' GENERAL SPECIFICATIONS GEM e2 Specifications Motor. Heavy Duty 72-Volt Electric Motor Transmission: Front wheel drive,direct-couple differential Motor Control: Solid state electronic controller Tire: 12"Two-ply street rated tires or 10'turf-rated tires Battery Padc Six 12-volt flooded or gel batteries of specific make and model number Secondary Power Supply: Dual output 30A DC/DC converter On Board Charger. 72-volt DC charger 110-volt 15 amp AC input Width: 55 inches Length: 99 inches Height: 68 inches Turning Radius: 12'6" - Wheelbase: 72,inches Curb Weight: 1080 lbs.(EMPTY) GVW: 1850 lbs.(LOADED) Available Cargo Capacity: With Hard Doors: 290 lbs.' Without Hard Doors: 390 tbs.• 'Depending an the rear accessory option installed GEM Owner's Manual-Page 6 Z-✓ � Attachment 8 Draft Resolution "A" RESOLUTION NO. (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP TO CREATE TEN AIRSPACE RESIDENTIAL CONDOMINIUMS LOCATED AT 1302 & 1314 PALM STREET (TR 11-07) WHEREAS, the City Council 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 May 15, 2007, and approved Application No. CON 11-07, a request to convert ten apartments to condominiums; and 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 August 22, 2007, and recommended approval of Application TR 11-07, a vesting tentative tract map to finalize an approved condominium conversion for ten apartment units; and WHEREAS, the City Council 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 September 18, 2007, for the purpose of considering Application TR 11-07; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities) and the project as proposed will not have an adverse impact on historical resources; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings: Based upon all the evidence, the City Council makes the following findings: 1. The proposed condominium conversion is consistent with the General Plan because the conversion of apartments to condominiums will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations, and the size and configuration of the units are considered affordable by design. 2. The vesting tentative tract map is in substantial compliance with the Property Improvement Standards for Condominium Conversions, building and housing codes, and Zoning Regulations. 2 �3� Attachment 8 Resolution No. (2007 Series) Page 2 3. In accordance with the Condominium Conversion Regulations, the applicant has appropriately delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the Subdivision Map Act. 4. Each of the tenants will be given written notification within 10 days of approval of final map for the conversion. 5. Each of the tenants of the proposed conversion has been (or will 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. 6. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family residences into condominiums is categorically exempt from environmental review and the project as proposed will not have an adverse impact on historical resources. SECTION 2. Action. The City Council does hereby approve Application TR 11-07 with incorporation of the following conditions and code requirements into the project: Conditions: 1. Electric vehicles shall be included as part of the purchase of five of the units and shall be sized appropriately for their designated garage spaces. Specific units to be designated with the electric vehicles shall included in the project CC&R's and determined prior to recordation of the final map. 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. A barbeque facility and fixed seating shall be provided within the common recreation areas of the project site, subject to the approval of the Community Development Director. The improvements shall be installed prior to recordation of the final map. 4. The existing frontage improvements along Palm Street and Johnson Avenue shall be upgraded, altered, or replaced to the satisfaction of the City Engineer prior to map recordation. The required improvements may be shown on an approved public improvement plan and bonded for if the work is not completed prior to recordation. 5. The displaced curb along Palm Street shall be replaced with City standard curb and gutter. If the sidewalk is in an acceptable condition, the new curb and gutter may be doweled into the r r�� `- Attachment 8 Resolution No. (2007 Series) Page 3 existing sidewalk. The displaced section of walk near the granite wall shall be repaired or replaced as necessary. 6. The existing curb ramp located at the corner of Johnson Avenue and Palm Streets shall be replaced to comply with current City, Cal Trans, and ADA standards. The scope of work may require the removal or alteration of the spandrel and/or street paving to create a level landing in accordance with the most current public right-of-way Accessibility Guidelines. An engineered plan shall be provided for the curb ramp upgrade. 7. Curb, gutter, and sidewalk along Johnson Avenue shall be repaired or replaced where not otherwise completed as a part of the Righetti House remodel, carriage house construction and the related building permit approvals and encroachment permits. 8. The existing offset survey monumentation shall be re-established as necessary if disturbed by the curb ramp upgrade or other sidewalk/driveway improvement work. 9. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement across the property frontage. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering the lot. The street tree easement is not required where the required street trees will be planted in tree wells in the public sidewalk. 10. One 15-gallon street tree may be required for each 35 lineal feet of frontage. The City Arborist shall approve the tree species, planting requirements, and final number and spacing of the proposed trees based on the existing site development and existing tree plantings. 11. Unless otherwise approved by the City Engineer and City Arborist, all new required street trees shall be planted in tree wells in the public sidewalk in accordance with City Engineering Standards#8010, #8130, and#8220. 12. Subdivider 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; and to ensure maintenance and preservation of the historical resource consistent with the approved Mills Act agreement binding upon the property and its owners. b. Grant to the City the right to maintain common areas and any other portion of the property integral to the preservation of the historic resource if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and further grant the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs, final map and Mills Act agreement are being 2 _L�y Attachment 8 Resolution No. (2007 Series) Page 4 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. k. All garages must be available for the parking of vehicle at all times, to be enforced by the homeowners association and the City. 1. The five units required to receive electric vehicles shall be specifically identified. 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. The applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. 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. 2. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. The affordable housing agreement shall be recorded prior to recordation of the final map. 3. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 4. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards along the Johnson Avenue frontage. Off-site street lighting improvements may be required to complete the necessary installation. The installation of a street light on an existing wood Z '� Attachment 8 Resolution No. (2007 Series) Page 5 utility pole may satisfy this code requirement if approved by P. G. & E. and the City Engineer. 5. For condominiums, the subdivider shall provide individual electrical, phone, television, natural gas, and water service and related utility company meters to each unit to the approval of the affected utility companies and the Public Works Director. 6. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right-of-way or for alterations to any public sewer, water, or storm drain systems. 7. 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. 8. Any sections of damaged or displaced curb, gutter& sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 9. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. All coordinates submitted shall be based on the City coordinate system. A CD containing the appropriate data compatible with Autocad (Digital Interchange Format, .dxf for Geographic Information System (GIS)purposes, shall be submitted to the City Engineer. 10. The final map preparation and monumentation shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final map shall use Customary U.S. Units. 2-v� Attachment 8 Resolution No. (2007 Series) Page 6 . On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 18`h day of September, 2007. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: ath owell, City Attorney - Attachment 9 Draft Resolution`B" RESOLUTION NO. (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A VESTING TENTATIVE TRACT MAP TO CREATE TEN AIRSPACE RESIDENTIAL CONDOMINIUMS LOCATED AT 1302 & 1314 PALM STREET (TR 11-07) WHEREAS, the City Council 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 May 15, 2007, and approved Application No. CON 11-07, a request to convert ten apartments to condominiums; and 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 August 22, 2007, and recommended approval of Application TR 11-07, a vesting tentative tract map to finalize an approved condominium conversion for ten apartment units; and WHEREAS, the City Council 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 September 18, 2007, for the purpose of considering Application TR 11-07; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA Guidelines; Section 15301 (k), Existing Facilities) and the project as proposed will not have an adverse impact on historical resources; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: [Council specifies findings] SECTION 2. Denial. The vesting tentative tract map proposed at 1302 & 1314 Palm Street(TR 11-07) is hereby denied. Attachment. 9 Resolution No. (2007 Series) Page 2 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 18`h day of September, 2007. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney ET 1L ❑ CDD DIR '� `'MO 0 FIN DIR RED FILE F�'ACAO ❑ FIRE CHIEF MTING AGENDA ATTORNEY ❑ PW DIR Louisa �CLERK/ORIG ❑ POLICE CHF DAT ITEM #�N D PT HEADs ❑ REC DIR Anne D UTIL DIR ❑ T X21 /r c- o Smith` CHR DIR La SEP 14 2001 September,;14, 2007 Q I_LERK • City of San Luis Obispo Community Development Department gq0 Palm Street SSan Luis Obispo, CA. 93401 RE: Righetti House 1314 Palm Street ATTEN City Council Jonathan Lowell City Attorney Tyler Corey, staff Planner On September 18th the city council will finalize the Condominium Map for the Righetti House. This project has been rewarding for everyone involved. There is one issue my clients would like to address, Condition 41., regarding the electric vehicles. Since the very beginning. we have been very supportive of the idea of incorporating electric cars into this design. But it was never our intention that as part of the purchase of five units that a electric vehicle be required. We have looked into the issue, and we are not even sure if legally we can require a buyer to take a vehicle. They may not want it, but then they would be responsible for the insurance and upkeep. Also it is uncertain who is responsible if something goes wrong with the vehicle. We :would like to propose that the wording for Condition #1 to change as follows: Provisions for electric vehicles shall be included as part of-U;a. app�i pr ately for the desgignatedegarage spaces pecific un sized be designated with the electric vehicles shall be included in the project CC&R'S and determined prior to recordation of the final map. According to staff, the project would continue to be in substantial compliance with the condition changed as proposed. Thank you for taking your time with this issue. If you have any questions or require any further information, please feel free to contact me. Thank you. 979 OSo55heetSnce ely , guile A-2 kio Son LuisObispoCalifornia93401 u Illlth