HomeMy WebLinkAbout12/04/2007, C3 - APPROVAL OF THE FINAL MAP FOR TRACT 2705, 2975 ROCKVIEW PLACE (TR 167-05) Council 12/04/07
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CITY OF SAN LUIS O B I S P O
FROM: Jay D. Walter,PE -Director of Public Works��
Prepared by: Diane Dostalek
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2705, 2975 ROCKVIEW
PLACE (TR 167-05)
CAO RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2705 located at 2975 Rockview Place.
DISCUSSION
A tentative map for Tract 2705 (TR 167-05) (see Attachment 1 for vicinity map), was approved
by City Council on January 17, 2006, by Resolution No. 9761 (2006 Series) (Attachment 2),
which authorized creation of a one lot subdivision for the purpose of converting twenty
apartments into residential condominiums.
All required subdivision improvements have been completed, or appropriate securities have been
submitted to guarantee completion of the improvements.
Section 66474.1 of the Subdivision Map Act states that "a Legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
previously approved tentative map." The final map has been found to be in substantial
conformance with the approved tentative map and all conditions related to the map have been
met and/or guaranteed with appropriate sureties. No further discretionary approvals are required.
CONCURRENCES
The Community Development Director concurs with the recommended action.
FISCAL IMPACT
There is no significant financial impact to the City with this proposed subdivision.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9761 (2006 Series)
3. Draft Resolution
g:\statl reports-agendas-minutes\_car\2007\devrev\tract 2705\car-final map approval.doc
Attachment 1
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VICINITY MAP File No . 167-05
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2975 Rockview
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Attachment 2 ,
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RESOLUTION N0.9761 006 Series '��'_
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A RESOLUTION OF THE CITY COUNCIL OF
SAN LUIS OBISPO RECCOMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO ALLOW CONDOMINIUM CONVERSION FOR
TWENTY�IPARTMENTS AT 2975 ROCKVIEW PLACE
APPLICATION NO.TR 167-05
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 November 9, 2005 and recommend approval of Application No. TR 167-05 to the
.City Council, a request to approve a Tentative Tract Map to finalize the Condominium
Conversion for 20 apartments known as Rockview Heights at 2975 Rockview Place; 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 January 170',
2006 and recommended approval of Application No. TR 167-05, a request to approve a
Tentative Tract Map to finalize a Condominium Conversion for 20 apartments known as
Rockview Heights at 2975 Rockview Place;and
WHEREAS, notices of said public hearing were made at the time and in the manner
required bylaw;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 proposed tentative map converting the apartments into condominiums is consistent
with the General Plan because changing the apartments to condominiums will not impact
available affordable housing since the conversion will provide a deed restricted
affordable unit consistent with the City's Inclusionary Housing Ordinance and the other
units are affordable by design.
2. As conditioned, the tentative map complies with the property improvement standards for
Condominium Conversions.
3. 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.
4. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms of
R 9761
C3-3
Attachment 2
Resolution No. 9761 (2006 Series)
Page 2
allowed use, density, parking, yard areas, building height, and all other applicable
property development standards.
5. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant pursuant to Section
66452.9 of the Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. 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.
9. 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.
10.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. Approval. The City Council hereby approves Application No. TR 167-05, a request to
record a tract map to convert twenty apartment units at 2975 Rockview Place to individual
ownership condominiums in accordance with Municipal'Code 17.82, subject to the following
conditions:
1. 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 17.82.110 A through O) 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's) 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
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Attachment 2
Resolution No.9761 (2006 Series)
Page 3
common areas. The C.C. & 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.
6. 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.
7. 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.
& 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, which'ever date is later. The
tenant's security deposit and last months rent shall be credited towards the purchase of
the property.
9. Each of the tenants shall be given written notification within 10 days'of approval of final
map for the conversion..
10. A barbeque facility including a picnic bench and landscape enhancements shall be
incorporated into the common open space area. 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.
11. Private open space yards shall be increased in size to exceed the minimum requirements
for each unit. Private open space yards, including new fencing and any other necessary
landscape improvements, shall be completed prior to recordation of a final map.
12. A minimum of one unit, of average size and quality, shall be deed restricted to moderate
affordable levels for a minimum of 30 years, consistent with the City's Inclusionary
Housing Ordinance. The unit shall be deed restricted upon recordation of the final
condominium map prior to sale of the property.
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Attachment 2
Resolution No.9761 (2006 Series)
Page 4
On motion of Vice Mayor Settle, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 17th day of January 2006.
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Mayor David F.Romero
ATTEST:
Audrey Hoop r
City Clerk
APPRO AS TO FO
J athan P. Lowell
well
Attorney
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Attachment 3 .
RESOLUTION NO. (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2705
(2975 ROCKVIEW PLACE)
WHEREAS,the City Council made certain findings concerning the tentative map for
Tract 2705, as prescribed in Resolution No. 9761 (2006 Series), and
. WHEREAS, all required subdivision improvements have been completed, and all fees
have been received, as prescribed in the subdivision agreement, and
WHEREAS, all conditions required per said Resolution No. 9761 (2006 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2705, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map,and
2. Approval of the final map is hereby granted.
Upon 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:
J path . Lowell
Ci norney
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