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HomeMy WebLinkAbout07/21/2009, PH 1 - CONSIDERATION OF A CONDOMINIUM CONVERSION FOR 14 APARTMENTS AT 614 GRAND AVENUE (CON 17-09). i COUnat acEnaa Rep= CITY OF SAN LUIS 0 B I S P 0 FROM: John Mandeville, Community Development Director Prepared By: Brian Leveille, Associate Planner SUBJECT: CONSIDERATION OF A CONDOMINIUM CONVERSION FOR 14 APARTMENTS AT 614 GRAND AVENUE (CON 17-09). RECOMMENDATION Adopt the attached resolution approving a condominium conversion for 14 units at 614 Grand Avenue (Grand Terrace Townhomes, CON 17-09) 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. 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 2008, a net of 27 multi-family rental apartments were added to the City's housing stock; therefore, 14 condominiums may be converted in 2009. The City's Zoning Regulations "round up" some standards at 0.5 or above. The applicant's request to convert 14 units is the maximum number of allowable condominium conversions for 2008. 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 architectural review of 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: 614 Grand Avenue Applicant/Property Owner: Rick Porter Zoning: R-4 General Plan: High-Density Residential ' I I I —I Council Agenda Report—CON 17-09 Page 2 Environmental Status: Condominium conversions are exempt from CEQA in accordance with Section 15301 (k) "Existing Facilities", of CEQA. Site Description The property is 28,750 square feet (.66 acres) in area and is located at the southeast corner of Grand Avenue and Garfield Street (Figure 1, below). The existing development consists of 24 apartment units in a complex known as "Grand Terrace Townhomes". The units were originally constructed in approximately 1976 and consist of two separate buildings. One building contains ten units and the other contains 14 units. The remainder of the site consists of asphalt parking area, concrete walkways and landscaping along the project street frontages. The project site is surrounded by similar multi-family development zoned Medium-High Density Residential (R-3) and High-Density Residential (R4). Assort Bldg to remains as apartments ? ) a 4 q WILSON— Bldg proposed a s 0 for conversion • .� =A ?IT ,yR_i w GARFIELD V . Figure 1. Project site and vicinity Project Description The applicant is proposing to convert one of two buildings on the property which contains 14 of the total 24 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, such as storage space and laundry facilities, that are typically required for condominium projects. Additionally, the applicant is proposing an exterior renovation and interior remodel. As discussed in additional detail below, three affordable units are PkI -d, Council Agenda Report—CON 17-09 Page 3 proposed. The apartment building with 10 units cannot be converted at this time because the numerical limit of allowed conversions from the 2008 calendar year is at the maximum. The applicants are proposing similar renovations for the remaining apartment units with the intent to apply for conversion of these units in the future. The applicant has indicated in the submittal statement his understanding that there is no guarantee the remaining ten units will be approved for conversion in the future. 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 3.3.4: 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. 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. 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, 27 net new apartments were constructed. The request to convert 14 apartments is one-half the number of new apartments constructed last year given the City's ordinance standards of rounding up. H 35.2: 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. eHI -3 Council Agenda Report—CON 17-09 Page 4 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 from rental units, the units are still. considered "affordable by design" by inclusionary housing requirements since they are less than 1,100 square feet. Three units will be deed restricted at the "low" income level for 45 years which is well above the minimum requirement and a noteworthy addition to the City's affordable housing supply. This is a substantial increase in long-term affordability since there are no units within the project that are currently deed restricted. Also, adding 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$45,300. Low income 1-bedroom units rent for a maximum of$850 per month and sell for a maximum of$135,900. For amenities, the project will offer improved common and private open space area with new private open space fencing which will provide for improved privacy and a proposed carport with upper level deck to provide common open space. The conversion project would also improve the condition of the ageing structures with exterior and interior renovation and correction of all substandard conditions noted in the property inspection report. The conversion project will improve the appearance and safety of the existing structures constructed in 1976. L U 2.S: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. H 3.7.2: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 45 years. The applicant is providing three"low" income deed restricted units and all of the units are anticipated to be affordable by design based on their size. 2. Property Development Standards Council Agenda Report—CON 17-09 Page 5 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. The property is in substantial conformance with applicable standards but will require modifications to bring the property into full conformance with City codes and standards and with condo conversion regulations. These include improvements to private and common open space, and various site improvements. Additional needed improvements will likely be identified in the tract map review of the project. Each of the changes identified at this time is discussed in the following: a. Parking and Driveway Standards The existing parking lot is non-conforming since there are no landscape planters and the parking lot needs to be repaved and restriped to provide better drainage and correct the existing condition of pooling water. b. Landscaping&Trash and Recycling Enclosure A new trash and recycling enclosure will be required which complies with current trash and recycling requirements and provides adequate screening. Enhanced landscaping will need to be provided in common areas and along the perimeter fences. c. Walkways and patio surfaces Concrete walkways are in poor condition and will be replaced with new salt finish walkways and existing concrete patios are proposed to be replaced with stamped colored concrete._ d. 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 to add covered parking with the open space/common area deck above. Additionally, private yards are proposed for each unit which will require new fencing to provide for adequate privacy. 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 three affordable units accomplishes City Housing Element goals and provides for long-term affordability. The affordability component, building and site area improvements, and common open space access for area residents, offset concerns that there will be a loss of affordable rental housing stock. CONCURRENCES The conversion requests have been reviewed by other City departments including Public Works, Utilities, Building and Fire. If the conversion request is approved, a tract map submittal and specific project conditions will be required to comply with Building Codes and other City Standards. Pki - 5 i Council Agenda Report—CON 17-09 Page 6 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 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. Applicant project statement N . Draft Council Resolution approving a conversion for 614 Grand Avenue G:/Bleveille/CondoConversions/CON 17-09(614 Grand Ave)/Council pt614GrandAve(7-21-09).doc Ems VICINITY MAP 614 GRAND Attachment 2 GRAND AVENUE E_ oww wur !!, _I I i� of ai ;- .. \\"' \•, u:\ . ,:�'\ _•I- y$ a � \ m gz ZE •• CC - y \ - E IIII III Ao T r '�4 y i eE m l Q Gl • i m Hat 1 l--'_ 1 5 C ims 5 icr> I �m 6ge / J pp I i gg I 1 / I I I I •'Zis a z a - I• h a e Co ai� � T/ h�l.I• � I CA rs rr° r rrrr:r ° ... .. . .. fm e 1aa o atlta a t1�a E 6 m t c \\ 'Eaoani Isa P @ (= A =- B ` .1 v S �at1 '11i��I�1�Eialt= ➢� jj 'k i 1➢S t 1 :° k : � : errE 1! � m 5 ��rE13 r �' E6➢r9t( _ ( 'i Ic All 01 Z ad �t E�j�iltl `ti E6�Etp t ➢9n � =r� E�' r r ?' �;; ( E89e � ➢ ( t@ q � P 31 6i��� � � m e9 �1 1111'•r°.:, ► €� fiii6 i, � � �� �, ,� iiljtllj ; i °.° P f i E z I MARK RAWSON AIA NRf CONDOMINIUM CONVERSION ARCHITECT ' GRAND TERRACE TOWNHOMES.LLC t I - - - - - NOWNE AD XMNI I � N - WHI I I - - a I SIO `I o e2 b� v D it 11 fill 11� fill [ii = F�9F `f ��f°i� � __-:i � •1� FFF of a�� i t � � I cc gi t t t V � i t 9�fafF �%fS; iid � iPi �� tiji i i i i tiff I P € MAILKIawwvALA CONDOMINIUM CONVERSION ARCHITECT R� s GRAND TERRACE TOWNHOMES,LLC .te ' ��s' a U e LLWIMSSIIFET 0 - 61 GRAND AVENUE ASW UAEOM4d.UW1,1 �� �r� SAN LUIS OBISPO,GA 93401 T,pSA10Ap1 Aft2cbm t 2 GRAND AVENUE - 1� NODDY 00'_W_- I��\ yZi s I I I I C taC z 1 y Z l m N Fn \ /� �I "\\� \ \ m i \� V A) i I II I _ i _ 'I ZL NOFfIFI 90.00' y m I\•'' 6 z = co) P r9 0 _ 0 i I i e' MARK RAWSON AIA } CONDOMINIUM CONVERSION ARCHITECT ' GRAND TERRACE TOWNHOMES,LLC N % Y0 E YAW VR51RFFi GR ' 614 GRAND AVENUESAN WIf WMp,UEL01 LN LUIS ORISPO•CAA93401 iimAbIIII PNi=� o , , Att2chni it 2 , I , ]o = i j 7r 7 IM rn I v. , r c ° - R: a .©m r 6 a �K . a s a � 't� ! m r— all BBE��i €�8gl� A I € _ 6 tt - i F MARK RAwwN AIA CONDOMINIUM CONVERSION ARCHITECT w LRaxO TERRACE i0WnH0MEb,LLCMUERINI =0 64 GRAND AVCSRN WISOERVO.UPMm OBIS 2 9 ' SAN LUIS 0919P0,CAA 9 91401 h105u0aiil P9 I Attacbme 2 4. - i vN1/I/ F� r� i r ; yl I 'I r I`I Fa.a I u _i %1 IIS AF I' li I I r II I �1 I I I I M RI I , r. I a� M ' j,�11lIn ate, �� 8I�oI� ��88Etm F M s � gi e ' MARK RAMON AIA e 3 CONDOMINIUM CONVERSION AICHITECT GRAND TERRACE TOWNHOMES,LLC 0. 1 4 C a M.WIA65TaFFT 1 f 1'1 P_ 610 GRAND AVENUE SAN IVEDMSi0.G91101 1yB` SAN LUIS OBISPO,CA 9341 trB01Y06IIf t2 1- � � I 1 3` I 1. r I 23'—`' f f =r I ,a• I ' ti m A. Z In O 1..._......._I rl O 22• I � J9 m ILS l l w --I I I II I T � rj,� g A r 10 10 m u ! a S Ixmm 10 zm It z m ca f MARK RAMON ALA ke CONDOMINIUM CONVERSION ARCHITECT ` GRAND TERRACE TOWNHOMES,LLC .r ` A N 434 "Im 614 DRANO AVENUE 9AH MA90MRO.CA 9LOI 2' SAN LUIS 001GP0,CAA9341 is BO)AA0141 Attachment Grand Terraces Townhomes, LLC 846 Higuera Street San Luis Obispo, CA 93401 April 13, 2009 City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 Attn: Brian Leveille, AICP Associate Planner Re: CON 17-09: 614 Grand Avenue, Proposed Condominium Conversion Inclusionary Housing Proposal For 614 Grand Avenue This project proposes to meet its inclusionary housing requirement by providing three (3) on site Affordable Dwelling Units,dedicated for rent at the Low Income Group level. Currently, there are no dedicated affordable units existing in this project. The minimum requirement to meet the inclusionary housing for this project is to provide one unit at the Moderate income group level of affordability. The project minimum requirement is calculated to be one unit at the Moderate rate level of affordability as follows. (Based on 14 units at 3% of the total units, 14 x .03 = .4 units) The proposed 3 affordable units will also meet the requirements if a proposed future additional conversion is approved, if the remaining 10 apartments become eligible for conversion. (Based on 24 units at 3% of the total units, 24 x .03 = .7 units) The affordable units are of the same type and quality as all of the units within the project and are all one bedroom, one bath,two-story units. They are shown on the project site plan and designated as units 11, 12, and 13. Attachment 3 Mark Rawson, AIA 1439 Iris Street San Luis Obispo, California 93401 (805) 440-4521 April 13, 2009 City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 Attn: Brian Leveille, AICP Associate Planner Re: CON 17-09: 614 Grand Avenue, Proposed Condominium Conversion Dear Brian, Thank-you for meeting with me to discuss the proposed project at Grand Avenue. Attached are updated plans with the added information requested. Below is an itemized response to those additional items. 1. Tract Map Submittal. A complete tentative tract map will be submitted as noted. 2. Notice of Intent to Convert. A notice of intent to convert in accordance with the requirements noted will be provided. 3. Notification to new tenants. This notice will be provided in accordance with the regulations. 4. Inclusionary Housing Proposal. A statement of the inclusionary housing proposal is attached. A meeting was held with Michael Codron, City Housing Programs Manager, to review the consistency with city policies. 5. Units not proposed for conversion. It is hereby acknowledged that there is no expectation or guarantee of entitlements for the ten units proposed to also be renovated with this project. It is acknowledged that the ten units that cannot be converted this year may also not qualify for conversion in subsequent future years due to competition with other proposals and/or lack of a sufficient number of units available for conversion. PH w ; Attachment j 6. Shared use of common facilities. CCR's and a homeowner's association will be created for the project and these will spell out specific requirements for shared use of the onsite facilities. It is anticipated that all units will pay an equal share of all the common area expenses for upkeep and maintenance. This will apply to both the condo units and the apartment units. Thus the remaining apartment ownership will pay a `maintenance and CAM' fee equal to the share for 10 units. All facilities and occupants will have equal shared access to onsite amenities and recreation areas, as well as laundry facilities. Maintenance for the project common areas will be handled much as it is today,by a property manager, and the costs will be administered and reviewed in conjunction with the HOA. 7. Walkways. Attached plans show additional information including the use of turf block and pavers as suggested by staff to increase permeability and aesthetics. 8. Elevations and 121anned exterior modifications. Elevations including detail callouts showing proposed exterior modifications are included with updated plans. A color and materials board will be provided prior to Planning Commission review. 9. Open Space Requirements. A plan and summary of all the open space requirements for each unit is included. This plan also includes dimensions of all open space. Planned recreation amenities, include a BBQ with outside seating and tables, and an outside street-side seating area with lounge chairs. The outside open space areas will be shared between all condos and apartments. The summary shows the project in compliance with the 14 unit conversion currently under review and also includes a summary of the project as it would be proposed under the 24 units scenario, if in the future additional units are available for conversion. 10. Site plans. Existing and proposed site plans provided. 11. Noise standards. Planned renovations will include measures to reduce sound and noise transmission to acceptable levels of 45 db in the interior units. See notations included on floor plans. 12. Parking. The Site plan indicates specific designated spaces. Parking is provided at the rate of 1-1/2 spaces per unit, and 1 per each affordable unit. Each condo or apartment will receive one dedicated parking space assigned to it. 5 guest spaces will be assigned as guest spaces in accordance with parking provisions. The remaining parking spaces will be `open' for shared use. A covered parking area has also been provided as recommended by staff which includes 14 covered spaces. PN �-l� - Attachment 3 13. Landscape Plan. Detailed landscaping including species, size, number, and location of planting is provided. Irrigation is provided with low water consumption drip and automatic controllers. 14. Accesibility. All units are two story configuration and there are currently no accessible units. No units are proposed for accessibility conversion since they have all sleeping and bathing facilities upstairs. Units at the interior courtyard areas will have accessible means of travel to the front door and into the bottom floor of the unit. 15. Parkin lot of upgrades and draina¢e. Existing drainage flow and facilities including a strip drain at Garfield are shown. Additional landscape has been added to the parking areas in accordance with the parking standards. 16. Floor Plans. Provided. Interior renovations include new finishes and appliances. 17. Walls and Fences. Additional information included on updated plans, including materials and heights. 18. Trash and Recycling. Size of enclosure and details on materials, screening and gate included. Thank-you for your time and consideration. Sin rely, C w� Mark Rawson, AIA Cc: RH Porter Company P/4 1 - I ATTACHMENT 4 RESOLUTION NO. XXXX-09 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM CONVERSION FOR FOURTEEN APARTMENTS AT 614 GRAND AVENUE APPLICATION NO. CON 17-09 WHEREAS, the 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 July 21, 2009, to consider Application No. CON 17-09, a request to approve a Condominium Conversion for 14 apartments known as Grand Terrace Town homes at 614 Grand Avenue; 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 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 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 three deed-restricted affordable units at the "low-income" category consistent with the City's Inclusionary Housing Ordinance and the other units are affordable by design. 2. Upon final tract map review, the conversion will comply with all regulations and 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 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 delivered a notice of intent to convert to each tenant on May 11, 2009, which will be at least 6 months prior to the tract map review by the Planning Commission. 6. The existing apartments, due to location, design, condition, and general conformance pN I'Ig Resolution No. [ ATTACHMENT 4 Page 2 with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 7. 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. 8. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 9. 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 Council hereby approves Application No. CON 17-09, a request to convert fourteen apartment units at 614 Grand Avenue to individual ownership condominiums in accordance with Municipal Code 16.17, subject to the following conditions: 1. The applicant shall apply for a tentative parcel map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be subject to (but not limited to) the following conditions of approval: a. 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. b. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. c. Any improvements necessary to comply with the property improvement standards for condominium conversions (Chapter 16.017.070 A through I) 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. d. 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. e. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. f. 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. g. 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 poI - l� Resolution No. [ ] ATTACHMENT 4 Page 3 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. 2. 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 330 days from the written notice of intent to convert. 3. After submittal of the tentative map, prospective tenants shall be given a written notice of intent to convert prior to leasing or renting any unit. 4. Applicant shall give any present tenant a non-transferable 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. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. 5. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. 6. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector locations. The Community Development Director may waive the requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy saving will be obtained by other means. 7. A minimum of three units, of average size and quality, shall be deed restricted to "low" affordable levels for a minimum of 45 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. PH i -ao J Resolution No. [ ] ATTACHMENT 4 Page 4 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 , 2009. Mayor David F. Romero ATTEST: Elaina Cano, Interim City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney G:Seveille/CondoConversions/CON 17-09(614 Grand Ave)/CC Reso1uUw(wn17-09.614 Grand).doc P� ► -aI