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HomeMy WebLinkAbout05/01/1990, 5 - TENTATIVE TRACT MAP CREATING A 10-UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM CONVERSION ON THE WEST SID MEETING GATE: �m�►�1111llflll100111l city 5-�-90 I�Nu►i c� o san lui s OBISPO ITBvI NUMBER: COUNCIL AGENDA REPORT 0 FROM: Arnold Jonas Community Development Director PREPARED BY: Greg Smith, Associate Planner l 7-111 SUBJECT: Tentative tract map creating a 10-unit residential air-space condominium conversion on the west side of North Chorro Street near Boysen Avenue. CAO RECOMMENDATION: Adopt the attached draft resolution approving tentative map for Tract 1@41r, converting ten apartments to condominium units. DISCUSSION: Background This tentative map would implement a condominium conversion which was approved in April, 1988 (CON 88-2, council .resolution attached). The Planning Commission conducted a public hearing on this tentative map on March 28, 1990, and their recommendation for approval is incorporated in the attached draft council resolution. Data Summary Address: 415 North Chorro Street Subdivider/Owner: Stephen Nelson Representative: Steven Frank Zoning: R-4 General Plan: High Density Residential Environmental Review Status: Categorically exempt. Action Deadline: The council must act by May 3, 1990, unless the subdivider agrees to an extension. Site Description 27,000-square-foot L-shaped lot, 124' frontage on Chorro Street. Site slopes down from frontage at approximately 6%. Site is developed with six structures containing ten apartments and associated carports. EVALUATION The proposed subdivision would create ten 2-bedroom airspace condominium units from ten apartments. Most substantive issues regarding the conversion were addressed in 1988, when the application required by the Condominium Development and Conversion Regulations was reviewed. During that review process, the Planning Commission and TR 1841 Page 2 City Council determined that the project was in substantial compliance with current zoning, building and condominium regulations, and that the buildings could be brought into substantial compliance with energy conservation standards. Staff has identified several additional issues which the council may wish to address, however: I. Water Conservation The conversion and renovation of the site and units provide an opportunity for significant water conservation. The city has a range of options on both plumbing fixtures and landscape installation: A. Plumbing Retrofit Retrofitting the ten existing units would save approximately as much water as used by two or three houses (or three to four and one-half apartments). The retrofit credit program would thus allow construction credit for one to one and one-half .new houses (or one and one-half to two and one-quarter apartments). Exact calculations would depend on the flow volume of existing toilets, and whether sewer laterals are steep enough to allow use of 1.5 gallon toilets. 1. Voluntary Option: Make no requirement for retrofitting plumbing fixtures. The subdivider would be eligible to participate in the Water Use Offsets (Retrofit) program, and arrange for assignment of retrofit savings to new development elsewhere in the city. This option was recommended by the Planning Commission and Public Works Department. 2. Mandatory Option: Require retrofit to the maximum extent feasible, and allow the subdivider to participate in the retrofit credit program to reduce his costs. 3. No Retrofit Credit Option: Require retrofit to the maximum extent feasible, and prohibit the subdivider from participating in the retrofit credit program. This would maximize water savings to the city. B. Landscape Renovation Many of the existing landscape areas suffer from poor maintenance and improper irrigation, although existing plant materials are reasonably drought tolerant. Although water savings in landscape irrigation are not transferrable to new construction, landscaped areas can use significant amounts of water. The council has adopted a policy encouraging developers to postpone installation of new landscaping and irrigation until water supplies are adequate to suspend mandatory conservation requirements. The council has also adopted guidelines for water conservation in the design and installation of any new landscaping, which would apply to any new landscaping for this project. TR 1841 Page 3 1. Voluntary Option. Allow the subdivider to decide whether or not to install or defer landscaping. This is the current policy for new developments, and was recommended by the Planning Commission and Public Works Department. 2. Mandatory Option. Require the developer to defer landscape renovation, since existing landscape materials can be maintained with relatively little water. The council will soon consider a policy requiring all new developments to defer landscaping. 2. Off-Site Drainage Testimony was presented at the Planning Commission hearing which indicated that private off-site drainage facilities serving the site may be inadequate. The commission's recommended conditions of approval include a condition which addresses this potential problem. 3. Other Issues The commission adopted a requirement that the subdivider provide solar water heating for each unit. Although solar water heating is required for new condominium projects, it is not an automatic ordinance requirement for conversions. The commission also adopted a condition addressing security fencing at the rear property line, in response to testimony from neighbors concerned about pedestrians "shortcutting" between adjoining properties. 4 Compliance with Condominium Regulations Provisions of the city's Condominium Regulations will be complied with by this project. Compliance with open space and storage requirements, etc., was confirmed at the 1988 conversion hearings. The subdivider has also submitted evidence of tenant notification, as required by city and state regulations. CONCURRENCES Recommendations of city staff are addressed in the attached draft resolution. ALTERNATIVES The council may approve or deny the tentative tract map. The council must act by May 3 because of deadlines imposed by state and local subdivision regulations, unless the subdivider agrees to allow an extension_ S-3 TR 1841 Page 4 RECOMMENDATION The Planning Commission recommends the council adopt the attached draft resolution approving the tentative map for Tract 1841. Attachments: Draft Resolutions for approval, denial Vicinity Map Tentative Map Resolution Approving CON 88-2 Subdivider's Statement Planning Commission Minutes Letter in support of project gtsd:tr1841cc.wp s-y RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1841 LOCATED AT 415 NORTH CHORRO STREET BE IT RESOLVED by the Council of the City of San Luis . Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1841 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the subdivision is consistent with the general . plan. 2 . The site is physically suited for the type and density Of development allowed in the R-4 zone. � 3. The design of the subdivision is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. 6. The proposed subdivision will comply with the requirements of City of San Luis Obispo Council Resolution 6430 (1988 Series) , which authorizes this residential condominium conversion, pursuant to Chapter 17.82 of the Municipal Code. SECTION 2. Conditions. The approval of the tentative map for Tract 1841 be subject to the following conditions: 1. Subdivider shall submit a final map to the city for review, approval and recordation. 2. Subdivider shall provide individual water services for each unit. Meters shall be clustered, at the back of the City sidewalk at property frontage to the approval Engineer. Resolution No. (1990 Series) Tract 1841 Page 2 3 . Subdivider shall provide individual electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 4. Final map shall note a blanket easement over the common lot area, except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 5. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC&R's and provide for professional, perpetual maintenance of all common area including private driveways, drainage, parking lot areas, walls and fences, lighting, and landscaping in a first class condition. 1 b. Grant to the city the right to maintain common area if `J the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the .site at mutually agreed times to assure conditions of CC&R's and final map are being met. C. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage, of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city-required. provision of the CC&R's without prior City. Council approval. S�(D f Resolution No. (1990 Series). U Tract 1841 Page 3 i. 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. j . Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. 6. Subdivider shall repair and/or replace existing storm drainage facilities to accommodate the ten-year design storm, to the approval of the City Engineer and Community Development Director. Drainage calculations and any plans for revisions or reparis shall be prepared by a licensed engineer. 7. Usable private open space shall bd provided with each unit which meets all requirements of Section 17.82.110.J of the Condominium Development and Conversion Regulations. �. 8. Subdivider shall install solar water heating for all units. 9. Subdivider shall repair existing fence at the westerly property line, to the approval of the Community Development Director. 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 , 1990. Mayor Resolution No. (1990 Series) Tract 1841 Page 4 ATTEST: City Clerk APPROVED: ty Admi istrative Officer i t ne I Community Devel ent Director ID s!� (1990 Series) RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING TENTATIVE TRACT MAP APPLICATION NO. 1841 LOCATED AT 4.15 NORTH CHORRO STREET BE IT RESOLVED by the .Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1841 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the subdivision is NOT consistent with the general plan, which requires the city to encourage provision of a range of housing of all types - including rental housing - within the city. 2. The site is NOT physically suited for the type and density of development allowed in the R-4 zone. 3. The design of the subdivision IS likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision WILL conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Council has determined that the proposed subdivision may have a significant effect on the environment. 6. The proposed subdivision will not, comply with the requirements of City of San Luis Obispo Council Resolution 6430 (1988. Series) , which authorizes this residential condominium conversion, pursuant to Chapter 17.82 of the Municipal Code. S� Resolution No. (1990 Series) Tract 1841 Page G 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 , 1990. Mayor ATTEST: City Clerk APPROVED: 'ty Adm nistrative Officer C• : .37fi7 �/r to Community Develop e t Director � 5-ID C CITY v1I T5minis niminininims R-4 o �ti •� o � c s O % 0%/ 4 o • . A'R-4, q Y R bo0Owl -� 0 3 % O r J 10 � . J O 7� • r ,u, •' / r^\� O "rte. f•• } f+ �t — � c o , -4 o J"•- •D i f hr• rrt � � • w _ •.r. 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'a m ff ; m 9 0 O = CD r m o O js A 11r-O = 9 ; C oO 4z o _. y p 0" Y! 3 = N rn a D mo _ -, g -/3 Ix9 _ � RESOLUTION NO. 6430 (1988 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINIUM CONVERSION APPLICATION FOR 10 UNITS AT 415 NORTH CHORRO STREET (CON 88-2) WHEREAS, an application has been made for conversion to condominium of 10 units at 415 North Chorro Street; and WHEREAS, under the terms of the city's Condominium Development and Conversion Regulations (Chapter 17.82 of the Muncipal Code) this application must proceed under the project ranking procedure found at Municipal Code Section 17.82.120 (C); and WHEREAS, the Planning Commission has recommended that the North Chorro Street units be allowed to convert; and WHEREAS, Municipal Code Section 17.82.120 (D) requires the council to approve, approve subject to conditions, or deny each application subject to Planning Commission ranking review by May of each year; and WHEREAS, based on the statements of staff and the applicant, and all materials on the application forwarded to the council in the April 19, 1988 agenda packet, this council finds that this proposal would meet minimum conversion standards based on the following findings and subject to the following conditions: Findings 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development allowed in the R-4 zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, substantially and unavoidably injure fish or wildlife or their habitat. S R61Ain Resolution No. 6430 (1988 Series) CON 88-2 Page 2 C. The design of the condominium conversion or the type of improvements will not conflict with casements for access through (or use of property within) the proposed condominium conversion. 4. The proposed conversion will not displace a significant number of low-income or moderate-income households or senior citizens at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. Conditions: 1. Applican[ shall provide constructive notice to prospective condominium buyers that the units may not conform to zoning ordinance setback requirements; and non-conforming units, if damaged or destroyed , could be rebuilt only if made to conform. 2. Applicant shall install ceiling and wall insulation, weatherstripping, caulking and repair substandard or leaking window fittings in all units to provide substantial compliance with energy conservation standards to the maximum extent feasible, to the approval of the Chief Building Official. 3. Applicant shall install a residential fire sprinkler system in Units 5, 6, and 7 in accordance with NFPA 13-D and shall provide a two-hour rated fire wall between two of the units. 4. Applicant shall schedule the condominium conversion so that tenants are not displaced between September 1st and June 15th. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION I. The application referred to hereinabove hereby is approved. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None S�5 Resolution No. 6430 (1988 Series) CON 88-2 Page 3 the foregoing resolution was passed and adopted this 19th day of April 1988• e. mel , Mayor . Ron Dunin A TTr City Clerk Pam Vo es APPROVED: c ity Adm nistrative Officer City Attorn Community $ velopment Director J / 11 CSUBDIVIDIR ' S STATEMENT The subdivider wishes to convert ten 3-bedroom 221 bath apartment units to residential condominiums . This tract map would create individual ownership of the dwellings . Permission was granted by the San Luis Obispo City Council to convert to condominiums with Resolution 6430 (1988 Series) . The property is zoned R-4 and no change is requested . The total area of the site is 0. 750 acres which permits 18. 2 units , however the subdivider desires to keep the existing structures which represent 15 units and no further construction is proposed . The owner will install ceiling. and wall insulation, weatherstripping and significantly upgrade the exist- ing window fittings as well as reconstruct the driveway and park- ing area. An elaborate landscape plan 'was designed by a landscape architect at the time of application for condominium conversion , (CON 88-2) , however , in light of the recent water shortage , we would look to staff for direction as to the extent. of landscaping required. The existing trees and shrubs are shown on sheet 2 of the tentative tract map . A residential ,fire sprinkler system shall be installed in Units 5, 6 and 7 as well as installation of a two- hour rated fire wall between two of the units .The conversion would physically take place in the summer months of 1990 and be completed by the beginning of the 90/91 school year to eliminate the dis- placement of students . The apartments are presently occupied by students and the condominiums would be marketed to the families of Cal Poly students living outside the San Luis Obispo County area. . All rennovations and landscape modifications would be com- pleted prior to the sales of the units . We respectfully request that a soils engineering report not be reguired of this project since all building construction has been completed . All units will. have individual utility metering . The proposed Covenants , Condi - tions and Restrictions as well as the Condominium Plan will be submitted with the Final Tract Map if the tentative map is approved . Please note that the private and commonly held open spaces proposed are significantly larger than required . o QRpf ESS/0N� y C.0 h !� No.30412 Steven Frank , RCE 30412 JT 01V1V 9�F OF CAL�E��� s17 i RECENEU JAN 15 Wp Cor of San lws Oe„M On January 5, 1990 I delivered to each tenant residing at 415 North Chorro in San Luis Obispo the prescribed notice that is required 60 days before submitting an application for a tentative map on the conversion of apartments to condominiums. I got the last tenant signature on January 7, 1990 . Attached you will find signatures from all the tenants acknowledging receipt of the notice. Stephen R. N son January 7, 1990 Owner Note that Apartments 1, 3,5, 8 and 10 each have five tenants . Apartments 2,4,6,7, and 9 each have four tenants. P.C_. Minutes Mi 1 28, 1990 Pb. 5. Commr. Schmidt was concerned with the dispa riti s of what. had been approved on Tract 1376 and what had finally been built. a felt those conditions had been violated and should be rectified. He elt this final map should come back for Commission review. He also felt hat the culverting of Islay Hill should be prohibited; affordable housing auld be sold only to owner- occupants; the lower lot padding should be uni orm; the adjacent hillside development should have a 100' power line pas ment; the public road should run along the hill; disclaimers should be i luded on deeds concerning land slides and power transmission dangers; bi lanes should be free span, and existing improved areas should be reve.ge eted. He discussed correcting the language regarding PD rezoning on condit on 9; added Dept. of Fish h Game biologist approval requirements to condi ion 11, and discussed conditions 38 and 39 regarding ARC provisions to th Specific Plan. Commr. Crotser moved to approve the vesting ntative tract map, subject to findings and conditions, amended condition 30 11, 230 35, 38 and 41, and added a condition concerning the revegetation of Tract 13769 having a minimum 100' powerline easement, having hardscape installed immediately , deferring installation of trails, requiring a min mum 20' setback from top of bank and lot lines, and to have the final map ome back for Commission review. Co--r. Karleskint seconded the motion. Co0rmr. Hoffman felt there were too many qu stions regarding the open space, noise buffers, and flooding to approve a subdivision at this time. Commr. Schmidt stated he could not a the findings because of lack of conformity with the Specific Plan VOTING: AYES - Commrs. Cro erg Karleskint , and Duerk. NOES - Commrs. Hof man and Schmidt . ABSENT - Commr. K urakis. ,. The motion passes. — ------------------------------------------------------------ Item 2. Public Hearing: Tract 1841. Consideration of a tentative tract map creating a 10-unit residential air-space condominium conversion; 415 North Chorro Street; R-4 zone; Stephen Nelson, subdivider. ---------------------------------------------------------------------------- Judith Lautner presented the staff report and recommended approval of the map, subject to findings and conditions . C,� ' rperson Duerk opened the public hearing. C P .C. Minutes March 280 1990 Page 6. 1 Steven Frank, 440 Country Club, applicant ' s representative, discussed the project and asked that condition 3 be deleted, as gas utilities were not used on site. He stated he had a hydrology study performed regarding the drainage pipe and found the results to be adequate. He stated the landscape would benefit from possible run-off due to the diversion. He stated units 9 and 10 had private open space easements. Chairperson Duerk stated she did not feel a 4' deck was usable open space. Steven Nelson, 1580 Lizzie, applicant, stated that the project exceeded the minimum condominium requirements. He . discussed the need for the condominium conversion and the remodeling and asked for flexibility to work with staff at staff level should the commission approve the request. Anna Barbosa, 234 Ferrini , stated she had the drainage easement on her property and discussed major problems that had resulted from that drain. She requested a condition requiring replacement of the drainage pipe with plastic mat rial. Stephanie 48 Ferrini, was concerned with the inadequate fencing which permitted pedestrian access through her yard. Edna Scuri , 290 Ferrini, stated she would prefer families living in the condominiums, rather than students. She also discussed the poor fencing and intrusive access and asked that the fencing be upgraded. Chairperson Duerk noted receipt of a letter from Frank Reed discussing drainage problems from the site. Chairperson Duerk closed the public hearing. Commr . Schmidt felt condominium conditions should be explicitly followed for this project. Commr. Crotser moved to approve the conversion request, subject to findings and conditions, modifying condition 3 regarding the gas utilities and 7 to have project meet specific usable open space requirements, and adding a condition regarding plastic storm drain upgrading, requiring the installation of solar hot water heating per standards and the fence to be fixed to protect adjacent neighbors , and to have a voluntary option for retrofitting. Commr . Hoffman seconded the motion. Commr. Schmidt did not support the conversion of apartments to condominiums. VOTING: AYES — Commrs . Crotser, Hoffman, Kerleskint and Duerk. NOES — Commr. Schmidt . -� ABSENT — Commr. Kourakis. � 415 N. Chorro, Apt. 3 San Luis Obispo, CA 93405 March 19, 1990 litCEIVEL, Planning Department MAR 2 6 WO City of San Luis Obispo 990 Palm Street "mumtY�@vCODr' San Luis Obispo, CA 93401 Subj: Planning Commission Hearing for Tentative Tract Map for 415 N. Chorro (Tract 1841) To whom it may concern, I am writing this letter so that my comments may be heard for the approval or the Tentative Tract map mentioned above; however, I am also writing to protest the scheduling date for the hearing. According to the sign posted on the property, at 415 N. Chorro, the date of the Planning Commission hearing is March 28, 1990: 1 believe this is an inappropriate date to hold such a hearing. The apartment complex is currently occupied mostly with Cal Poly students. The proposed conversion into condominiums may be.considered a bad idea by some of the residents, and some of the residents, or other students, may wish to speak at the hearing. March 28, 1990, however, is in the middle of Cal Poly's spring break during which time, most students leave the Central Coast. While 1 do not expect the city to schedule their hearings around Cal Poly's schedule, with all the hype about keeping Cal Poly students out of "single family" neighborhoods, Cal Poly students should be given the opportunity to speak about a proposal that directly affects them. I am not aware of any other apartment complexes with 3 bedrooms and 2.5 baths. These larger apartments provide an alternative to occupying a single family residence. In addition, Mr. Nelson solicited the consent forms from the residents in the complex back in November or December of 1989. At that time he was anxious for them to be returned as quickly as possible so he could schedule a public hearing, which he informed us would be approximately six weeks from that time. It is now the end of March, more than 12 weeks since the consent forms were signed and returned; another week or two surely would 5-Z/ not make a difference, especially since all the apartments are currently leased through the middle of June, 1990. While I don't agree with the hearing date, I think the conversion would be beneficial to the neighborhood and the community for a few reasons. Recent water use in the complex has been high. I believe this is due, in part, to the fact that there is only one water meter there and the residents do not pay for water. Converting the complex into ten separate units would require separate water hookups which I believe would lead to a decrease in the amount of water consumed. With separate hookups, the residents can monitor (and be personally responsible for) the water they use. Also, the complex is currently maintained at a minimum level. Some of the apartments themselves have some dry.rot and other structural defects, the yards and common spaces are overgrown with non-native, unattractive plants, and the driveway and parking area is pitted. In order to sell the condominiums, these problems would have to be corrected. I believe correcting these problems would help beautify the area. Thank you in advance for reconsidering the Planning Commission date and hearing my comments. Sincerely Jeff Litwak