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HomeMy WebLinkAbout12/15/1992, 3 - CONDOMINIUM CONVERSION (CON 34-92): CONVERT NINE APARTMENTS TO CONDOMINIUMS, AND ALLOW EXCEPTIONS TO STREET YARD, OPEN SPACE, AND CONDOMINIUM STANDARDS. IIIB�IRIIIIVIII���II�AIIUIII f MEETING DATE: p�UIpI� city o san ��is oBIspo A-1s- ? COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas ommunity Development Director; By: Jeff Hoo'le,'j4ssociate Planner SUBJECT: Condominium Conversion(Con 34-92): Convert nine apartments to condominiums, and allow exceptions to street yard, open space, and condominium standards. CAO RECOMMENDATION: Adopt a resolution approving the condominium conversion and requested exceptions subject to the findings and conditions recommended by the Planning Commission. ADVISORY BODY RECOMMENDATION On November 18th, the Planning Commission unanimously recommended that the City Council approve the condominium conversion and the requested exceptions from condominium development and zoning standards. BACKGROUND The Condominium Development and.Conversion regulations set procedures and standards for converting houses or apartments to condominium ownership. They also limit the number of residential units which may be converted annually. That number is one-half the net increase in rental apartments built during the previous year. The maximum number of conversions allowed in 1992 is 18 units. The purposes of the regulations are to: 1) implement housing element policies; 2) document the condition and features of converted apartments; and 3) set design and property improvement standards for new and converted condominium projects. Condominium conversions typically require public hearings before the Planning Commission and City Council before the project is approved. -If two or more projects would exceed the annual limit, the projects are ranked based on adopted criteria. The commission's recommendation on the conversion project, requested exceptions, and if needed, the projects' ranking, is forwarded to the City Council for final action. If the City Council approves the conversion, the applicant then submits a subdivision map for approval to create separate condominium "lots" for sale or lease. No other conversion projects were received during January and February 1992, the required filing period for "condo conversions." Hence, no ranking is necessary in this case. Councilmembers should determine whether the project meets city standards, consider the requested exceptions, and act on the condominium conversion application. Data Summary Applicant/Property Owner: Derek Eastwood Representative: John L. Wallace and Associates Zoning: R-3-H 3-/ ���►►��►���milVlllllP�° ���lU city of San I L�.-6 OBISPO MROMME COUNCIL AGENDA REPORT Staff Report Page 2 General Plan: Medium-high Density Residential, Historic overlay Environmental Status: Categorically exempt (CEQA Section 15301(k)) Site Description: 150' X 150' level lot covering about one-half acre, with houses and apartments to the east, south, and west, and the former Emerson Elementary School across Pismo Street to the north. I EVALUATION The nine apartments to be converted were completed in 1986. The complex consists of three, i 2-story "Victorian-style" wood frame buildings, each with three two-bedroom apartments. It also has nine single-car garages in two detached buildings, and a laundry room attached to one of the garages. The units were built with separate gas, electric and water meters, a standard requirement for condominiums. The applicant's project description and request for exceptions is attached. I Compliance with Condominium Standards The apartments meet Zoning Regulations for density, height, setbacks, and parking. However Condominium conversions must meet additional standards dealingwith storage, laundry facilities, property condition, project size, private and common open space, and recreation facilities (condominium standards attached). These standards are discussed below: 1) Annual Conversion Limit: Project complies. 2) General Plan consistency: Project complies. The type, density, design, and proposed uses are consistent with city policies for the R-3 zone, and will be compatible with adjacent uses. I 3) Special Government Code findings: Project complies with California Government Code required findings that the site is physically suited for the type and density of development allowed in the zone, that the project is not likely to cause serious health or environmental problems, and that the project will not conflict with easements for access through (or use of property within) the site proposed condominium conversion. 4) Tenant Displacement: Project complies. To approve the conversion, the City must find that 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. Conversion of nine apartment units would not displace low-income households or senior citizens at a time when no equivalent rental housing is available, in staffs judgement. The City's housing vacancy rate is at 5 percent -- a bit higher than average for much of the seventies and eighties; and according to a local real estate rental 3-a I���►��►�u��V�llflllllin ��Ihl City Of San &S OBISPO COUNCIL AGENDA REPORT Staff Report Page 3 service, two-bedroom apartments are available in the City at rental rates only slightly higher than 1990 and 1991 levels. The condominium conversion regulations require the tenants to be provided the first right of refusal to purchase their units. One of the tenants expressed interest in purchasing a unit, and one tenant voiced opposition to the conversion. 5) Property Development Standards: Project complies with most condominium and zoning standards. Requested exceptions are discussed below. The conversion is mainly a change of ownership status, and only minimal physical changes are planned. These include new outdoor storage units, new privacy yard fencing, and landscaping i improvements. i Requested Exceptions: ■ Conversion of less than 10 residential units. ■ Reduced street yard from 15 to 11 feet for an outdoor storage enclosure. ■ A reduced open space width requirement from 10 feet to 7 feet. Staff believes findings can be made to support the requested exceptions. For project size, the City Council approved a similar request for a 9-unit condominium conversion in 1991, finding that compliance with the project size limit was not practical due to the number of units existing on the site, that the exception was not a grant of special privilege inconsistent with other similarly zoned properties, and that no feasible alternative to granting the exception existed which would satisfy the intent of city policies which encourage a variety of housing types. I There is precedent for a minor street yard exception. An eight foot street yard was approved in 1986 for unenclosed parking adjacent to Beach Street. The enclosure would extend into the required yard less than a parked car does at this time, is a small structure, and complements the project's architectural design. Minimum open space dimensions are intended to provide usable outdoor space for residents. At least 100 square feet of private open space must be provided for each unit, and the minimum dimension of the open space is 10 feet at ground level, 6 feet for open space on a balcony or raised deck. Because of the existing building layout, units 8 and 9 cannot meet this standard. They do, however, exceed the minimum required open space area. The reduction will not significantly.impair the use or enjoyment of these small private yards, in staff's view. 6) Refurbishing and restoration: Project complies. A building inspector found the property and improvements to be in good condition, with no indications of any structural or mechanical problems. Minor maintenance and safety-related conditions are noted in d-3—3 ������►b►��I�III1111111�n II�I11 city of San L .oS OBISpo Mis COUNCIL AGENDA REPORT Staff Report Page 4 the property condition report (Barry Stone, February 17, 1992)which will require correction prior to final subdivision map approval and sale of units. i 7) Open Space Requirements: Project complies. The project exceeds the minimum area j standards for private, common, and total open space. 8) Common Recreational Facilities: Project complies. In this zone, 20 square feet per unit of common indoor recreation facilities, Qr 40 square .feet per unit of improved outdoor recreation facilities are required for condominiums. City standards don't define i "improved outdoor recreation facilities." A small lawn area of about 400 square feet (360 square feet required) with picnic tables and a barbecue (existing) is proposed. Given the project's size and character, staff believes this is an appropriate recreational facility. CONCURRENCES Fire Department staff note that public fire hydrant density is inadequate, and the owner will be required to replace an existing hydrant with an upgraded "wet barrel" model to provide additional fire safety. Fire Department staff also note that a UNOCAL pipeline in Pismo Street leaked in 1991, and field records suggest that the leak may have contaminated soils on this site. The owner is advised to have an environmental assessment performed to determine the extent of soil contamination. ALTERNATIVES The City Council may recommend approval, conditional approval, or denial; or it may continue consideration for changes or additional information. RECOMMENDATION Adopt a resolution approving Condominium Conversion CON 34-92 and the requested exceptions, subject to the recommended findings and conditions. I Resolution of approval, Resolution of denial, Attachments: Vicinity map, site plan and building elevations, applicant's project description, condominium development and conversions standards. c5''7' 10 RESOLUTION NO. (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINIUM CONVERSION APPLICATION FOR NINE UNITS AT 533 PISMO STREET (CON 3492) WHEREAS, an application has been made for conversion to condominiums of nine units at 533 Pismo Street; and WHEREAS, that this council, after consideration of the Planning Commission's recommendation, staff recommendations and reports thereof, finds that the proposed condominium conversion is appropriate based on the following findings and subject to the following conditions and exception: SECTION 1 Exceptions to ProWsly Development Standards Exceptions to the minimum conversion project size to allow nine units to be converted when ten is normally required; to allow a seven foot wide private open space area for units 8 and 9 where ten feet is normally required; and to allow an 11 foot street yard for a storage enclosure where 15 feet is normally required are hereby approved, based on the following findings: 1. Compliance with the project size limit would not be practical due to the number of units existing on the site. 2. The exception will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning. 3. No feasible alternative to authorizing the exception would satisfy the intent of city policies which encourage provision of variety of rental and individually-owned units in all price ranges within the city. 4. Exceptions to the open space minimum dimension requirements for units 8 and 9 will not.significantly impair the residents' use and enjoyment of private open space areas, and no public purpose would be served by strict adherence to this condominium development standard. 3-vr Council Resolution No. (1992 Series) Page 2 5. A reduced street yard setback from 15 feet to 11 feet on Beach Street to allow one, four foot by seven foot storage enclosure is minor and poses no environmental, esthetic, health, or safety impacts to people living or working at the site or in the vicinity. SECTION 2. Findings. 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met, with the exception to property improvements noted above. 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-3-H zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, or substantially and avoidably injure fish or wildlife or their habitat. C. The design of the condominium conversion or the type of improvements will not conflict with easements 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. SECTION 3. Conditions, 1. Applicant shall install an upgraded fire hydrant (location # I-12-26) to provide adequate fire protection, to the approval of the Fire Marshal. 2. Applicant shall refurbish and repair the structures and building service equipment(piping, wiring, heaters, etc.) as recommended in the property condition report, and to the approval of the Chief Building Official. 3-(0 Council Resolution No. (1992 Series) Page 3 NOW, TBEMORE, BE TT RESOLVED by the Council of the City of San Luis Obispo that the application referred to hereinabove hereby is approved. 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 1992. Mayor Peg Pinard ATTEST: Diane Gladwell, City Clerk J-7 Council Resolution No. (1992 Series) ` Page 4 APPROVED: City Adminis__tive -fficer 71 Commune ty Dev 'o ment Director RESOLUTION NO. (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING CONDOMINIUM CONVERSION APPLICATION FOR NINE UNITS AT 533 PISMO STREET (CON 3492) WHEREAS, an application has been made for conversion to condominiums of nine units at 533 Pismo Street; and WHEREAS, based on the statements of staff and the applicant, public testimony, and all materials on the application forwarded to the council, this council finds that the conversion is not appropriate, based on the following findings: SECTION I. Findings, 1. The project does not comply with minimum open space provisions of the Condominium Development and Conversion Regulations, and does not meet the minimum size of ten units required by the regulations. 2. The proposed conversion will result in the elimination of affordable rental units. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the application referred to hereinabove hereby denied. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: �3-g Council Resolution No. (1992 Series) Page 2 The foregoing resolution was passed and adopted this day of 1992. Mayor Peg Pinard ATTEST: Diane Gladwell, City Clerk APPROVED: Edin�istradrve Officer ?r Me Community Develo ent Director y1fl `���? • Qv- 0,v �c off. 10 fr / 4 'r i� � �°• p � ♦° ice\ ��sO� nil •41- r}♦J�f q /•�►a �j a� c � /� p — Jam. ♦fid / 4 1� �qn I� v •' �' r`^�o' — H Oo� 0 e ;: ,i��� �', F `Y„fes/ �`� V^ •*a }1 l H nq 4 � Opp ° . 0 N. 000 T • e c ,•}i�1a 41. ,. � y S � Ate^ � � ♦����� .A .♦psi v,\• Y• /L V Y n T �. '�' `- /Z` \1\ '�•�'�y�' ` 1\s /Se. ♦r'{ A i� a ti / y� � O S VICINITY MAP 533 PISMO STREET NORTH CON 92-01 100IC6 7lNdO11lVl 'OdSIGO sini Nes 1.73als 0 sl ............. NV'7d v .4.1 Hyx i 4)mr NOISH3ANOD MINIHOONOD z iL L i X It R,14 4 1!V, 4 ZI! pppopppp n• od24 Uh A .It VIF, YN _7 Lai 144- r A 71 z tk ;k too � N , % '7z 11 Z, Al L ------------ Pa YJ 13—MIc9 MY& itNbOJI17.7 00*16 'OdSIGO SMI NIFS 133UIS ONSId M 4 LU Z SNOUVA31.9 GNV SNVId J uj cw INV v:i.)Vllvx I 'l.... NOISOANOD fin/NmocimL. io i C� tL El j!i 7 II II I ---------- IIII MIM I rT-3! 4 'JAW': .1 F.V-7 34 J(-)r1N L. WALLACE & ASSOCIA.L ES CONSULTING CIVIL ENGINEERS October 16, 1992 Mr. Jeff Hook Community Development Department City of San Luis Obispo San Luis Obispo, California 93403-8100 Subject: Condominium Conversion - Application Submittal , 533 Pismo Street Dear Jeff: Enclosed please find an application for conversion of an existing nine unit apartment complex into an air space, condominium project containing 9 units. The project is located at 533 Pismo Street. The application includes: 1. Property Condition Report prepared by Action Home Inspection Service. 2 . Pest Control Report prepared by Pest Master Services. 3 . Site Plan, Typical Floor Plans and Elevations. 4 . Copies of the Notice to Convert signed by each tenant or a copy of a certified letter of notification. 5. There are no soil or geological reports for the complex. No report is included. The property improvements required to convert the 9 units will follow the standards set forth in the City's Ordinance. These requirements are satisfied as follows: 1. Smoke Detectors An approved smoke detector will be installed in each unit. 2 . Fire Protection Systems All fire protection appliances will be retained in an operable condition. 3 . Utility Metering Each unit has separate meters for gas, electric and water. 4115 BROAD STREET,SUITE B-5 9 SAN LUIS OBISPO,CALIFORNIA 93401 9 (805)544-4011 • FAX(805)544-4294 3-/ Mr. Jeff Hook Community Development Department October 16, 1992 Page 2 . 4 . Storage There are existing cabinet storage units in each of the garages. These cabinets meet the dimension requirements set forth in the ordinance. Please see the site plan and floor/elevation plan for cabinet location and size. In addition, there is attic storage space in each garage. These attic storage spaces meet access and dimension requirements. We propose to meet the storage requirements by the combination of the cabinet and attic storage spaces. The combined volume in these two spaces exceeds 880 cubic feet per unit. Please see the site plan and floor/elevation plan for details. If the cabinet and attic storage units do not meet the City's storage requirements then each unit will be provided with a storage unit with at least 200 cubic feet of storage volume. These storage units will be placed in each unit's private yard. No exception to the storage requirement is requested. Please see the site plan. Exception Requested The storage unit behind Unit 9 is located in such a way that it encroaches on to the side yard setback area along Beach Street. Please see the site plan. The setback for the storage unit will be approximately 11 feet. The storage unit was placed in its present location due to the lack of space behind Unit 9. The exception should be approved based on the following: a. The physical constraints behind Unit 9 (i.e. , yard width and unit door and window locations) can best accommodate the storage unit in its present location. The proposed storage unit location will provide for the maximum use of the private yard for the benefit of the future Owner(s) . b. The granting of this exception will not constitute a special privilege to the subdivider. The setback that will be provided is wider than the 10' minimum sideyard setback described in the zoning ordinance. C. This exception, when granted, would satisfy the intent of the City's policies and regulation regarding such a project. 5. Laundry Facilities A laundry facility is provided at the complex. This laundry room will contain at least one washer and two dryers for the nine unit complex. 3-/S Mr. Jeff Hook Community Development Department October 16, 1992 Page 3 . 6. Parking There are a total of twenty parking spaces provided at the complex. This includes: 9 covered spaces, 3 standard spaces, 6 compact spaces, 5 motorcycle spaces and 9 bicycle spaces. 7. Refurbishing and Restoration Any deficient structures considered by the City to be unusable or unsafe will be refurbished or restored. 8. Minimum Project Size Exception Rectuested The number of units in this conversion is nine. The City's ordinance call for a minimum of ten units per conversion. The subdivider requests an exception to this number to allow the nine unit conversion. In 1991 an exception was granted for a project with the same number of units. No variance was required for the deviation from the subdivision standard. An exception should be approved based upon the following findings: a. The existing nine unit complex will not accommodate any additional units, therefore we are restricted to only a nine unit conversion. b. The zoning at the project site and surrounding properties does not establish a limit to the project size as it is defined in this ordinance. Rather, the minimum project size was established as a means to limit conversion projects to those projects that would be economically feasible, or projects that would not create a financial hardship for the owners of the units. One could conclude then that an exception to this ordinance would be granted solely on the finding that a nine unit conversion is not significantly different than a ten unit conversion. Consequently, this exception would not constitute a grant of special privilege beyond the limitations established for projects in this zoning. C. This exception, when granted, would satisfy the intent of the City's policies and regulation regarding such a project. 9 . Private Open Space Each unit will be provided with a minimum of 100 square feet o private open space. Please refer to the site plan for description of the private open space provided for each unit. X16 Mr. Jeff Hook Community Development Department October 16, 1992 Page 4 . Exception Requested An exception to the open space width requirement is requested for Units 8 and 9. These units have a yard width of approximately 7 feet. This exception to the width requirement is necessary due to the physical constraints that exist behind these units. As you can see on the site plan, the yard behind Units 8 and 9 can be no wider than approximately 7 feet due to the distance between the unit exterior wall surface and the top of slope just above the parking lot. The yards in these units have more than the required 100 square feet. The exception should be approved based on the following: a. The physical constraints behind Unit 8 and 9 can accommodate only yard width of approximately 7 feet. b. The granting of this exception will not constitute a special privilege to the subdivider. The private guard will have at least the minimum area required by the City ordinance, and will provide the maximum possible width within the yard. C. This exception, when granted, would satisfy the intent of the City's policies and regulation regarding such a project. 10. Common Open Space There is a total of 2 , 400 square feet of common open space available. The required common open space is 900 square feet. 11. Total Open Space There is a total of 3 , 845 square feet of open space provided in this project. This area is greater than the required open space of 3600 square feet. 12 . Common Recreational Facilities A designated recreational area will be provided within the complex. The amount of recreational area will consist of 424 square feet. The required area is 360 square feet. In addition to the existing barbecue in the recreational area, the owner proposes to place three portable, redwood picnic tables and construct a covered serving counter. Please see the site plan for more detail. 13 . Installation of Clotheslines Clotheslines will be allowed within the unit private yard if they are kept substantially screened from public view. J—/7 Mr. Jeff Hook Community Development Department October 16, 1992 Page 5. Please contact me if you have any questions. Sincerely, JOHN L. WALLACE & ASSOCIATES Kirk M. Anderson KA:ka/169/submit 9B Chapter 17.82 CONDOMINIUM DEVELOPMENT AND CONVERSION Sections: such projects should be treated differently from 17.82.010 Purpose and intent. apartments. 17.82.020 Definitions. These regulations are intended to: 17.82.030 Applicability of other laws. A. Establish requirements and procedures for 17.82.040 Provisions to govern the conversion of existing rental housing to resi- condominium conversion denial condominiums and other forms of occu. projects. pant ownership; 17.82.050 Application requirements. B. Provide for compliance with the housing 17.82.060 Acceptance of report. element of the general plan; 17.82.070 Copy of reports to buyers. C. Assure that purchasers of converted apart- 17.82.080 Tenant provisions. menu are aware of the condition of the structure 17.82.090 Hearing—Notification. which is offered for purchase; 17.82.100 Application—Required findings. D. Provide design and property improvement 17.82.110 Property improvement standards for condominium projects. both new standards for condominium and converted. (Ord. 984 § 2 (part). 1983: prior conversions. code§ 9850) 17.82.120 Conversion limit procedure. 17.82.130 New project regulations— 17.82.020 Definitions. Standards to govern. The following words and phrases shall have 17$2.140 Property improvement the indicated meanings: standards for new condominium A. "Applicant"means the owner of real prop- projects. erty proposed to be subdivided,or his authorized 17$2.150 Exceptions to property representative. improvement standards. B. "Community apartment"means an apart- ment develompent in which an undivided inter- 17.82.010 Purpose and intent. est in the land is coupled with the right of Condominiums, community apartments and exclusive occupancy of an apartment located stock cooperatives provide for ownership of sep- thereon. For the purposes of this chapter. com- arate dwellings, or equity coupled with a right of munity apartments will be subject to the same exclusive occupancy as well as common areas regulations as condominium projects. within multiple-family housing normally man- C. "Condominium conversion" means the aged and maintained by an owner's association. conversion ofproperty from occupancy under its This mix of individual and common ownership existing tenancies or estates to occupancy under and the potential problems ofconverting existing condominium. community apartment or stock apartments make special regulations necessary. cooperative interests. The city has determined that condominiums E. "Condominium project" means the entire differ from apartments in some respects and, for parcel of real property, including all structures the benefit of public health, safety and welfare, thereon, subdivided or to be subdivided for the 319 17.82.030-17.82.050 purpose of constructing or converting existing 17,82,040 Provisions to govern condominium structures to condominium units. conversion projects. F. "Design."Design ofa project shall include: The procedures and standards contained in 1. Driveway location, grades and widths; this chapter shall govern condominium projects. 2. Drainage and utilities, including size. (Ord. 984 §2 (part), 1983: prior code § 9853) alignments and grades thereof; 3. Location and size of all required ease- 17.82.050 Application requirements. ments and rights-of-way; The following shall be provided at the time of 4. Fre protection devices; application for condominium conversion: 5. Lot size and configuration; A. Property Condition Repots The applica- 6. Traffic access: tion shall be accompanied by a property condi- 7' Parking; tion report including at least the following: 8. Land to be dedicated for park or recrea- 1. A report detailing the condition of all ele- tional purposes; menu of the property including foundations, 9. Landscaping; ventilation, utilities, walls, roofs, windows, 10. Structures; and mechanical equipment, appliances which will be 11. Other specific requirements in the plan sold with the units, common facilities and park- and configuration of the entire project as may be ing areas. The report shall state, to the best necessary or desirable to insure conformity to or knowledge of the applicant, and for each ele- implementation of the general plan or any menta the date ofconstruction,the condition.the adopted specific plan expected useful life,the cost of replacement,and F. "Stock cooperative" means a corporation any variation from the zoning regulations in which is formed or availed of primarily for the effect when the last building permit was issued purpose of holding title to,either in fee simple or for the subject structure(s).The report shall iden- tify all defective or unsafe elements or those or substantially all of the shareholders of such which may impair use and enjoyment of the corporation receive a right of exclusive occu- property, and explain the proposed corrective panty in a portion of the real property: title to measures to be used.The report shall be prepared which is held by the corporation, which right of by or under the supervision of registered civil or occupancy is transferable only concurrently with structural engineer, licensed general contractor the transfer of the share or shares of stock in the or architect; corporation held by the person having such right 2. A report from a licensed pest-control oper- of occupancy. For the purposes of this chapter, ator describing in detail the presence and effects stock cooperatives will be subject to the same of any wood destroying organisms: regulations as condominium projects.(Ord. 984 3. A report of any known soil or geological § 2 (pan), 1983: prior code § 985 1) problems. Reference shall be made to any pre- vious soil reports for the site. 17.82.030 Applicability of other laws. B. Site Plan. The application shall be accom- panied by a site plan which shall include at least all applicable provisions of the Subdivision Map the following: Act and Titles 15, 16 and 17 of this code, and all 1, The location.number of stories.number of other applicable state and local laws and ordi- nances. (Ord. 984all dwellings,and proposed use for each structure § ? (part), 1983: prior code § to remain and for each proposed new structure: 9852) 2. The location, use and type of surfacing for all open storage areas: Sao 17.82.060-17.82-080 3. The location and type of surfacing for all except the signed notices of intent to convert, driveways, pedestrian ways, vehicle parking prior to entering escrow. Copies of the report areas and curb cuts; shall be available at the sales office and the pro- 4. The location, height and type of materials jest site. (Ord. 984 § 2 (part), 1983: prior code § for walls or fences; 9853.3) 5. The location of all landscaped areas, the type of landscaping, method of irrigation, and a 17.82.080 Tenant provisions. statement specifying private or common A. Notice of Intent to Convert. Applicant maintenance; shall give each tenant a written notice of intent to 6. The location and description of all recrea- convert at least one hundred eighty days before tional facilities; termination of tenancy due to conversion. The 7. The location, size and number of parking notice shall contain at least the following: spaces to be used in conjunction with each unit; 1. Name and address of current owner; 8. The location, type and size of all drainage 2. Name and address of proposed subdivider, pipes and structures: 3. Approximate date on which the unit is to 9. Existing contours, building pad elevations be vacated by nonpurchasing tenants; and percent slope for all driveways and parking 4. Tenant's right to purchase; areas. 5. Statement of no rent increase. C. Evidence of Delivery of Notice of Intent to B. Tenants' Right to Purchase. Pursuant to Convert. The application shall be accompanied Government Code Section 66427.1(d), appli- by signed copies from each tenant of the notice of cant shall give any present tenant a nontransfera- intent to convert as specified in Section ble right of first refusal to purchase the unit 17.82.080A.The applicant shall submit evidence occupied at a price no greater than the price that a certified letter of notification was set to offered to the general public. This right of first each tenant for whom a signed copy of the notice refusal shall extend at least ninety days from the is not submitted. date of issuance of the subdivision public report D. Other Information. The application shall or commencement of sales, whichever date is be accompanied by any other information which later. in the opinion of the director of community C. Vacation of Units. Each nonpurchasing development will assist in determining whether tenant not in default under the provisions of the the proposed project will be consistent with the rental agreement or lease under which he purposes of these regulations. (Ord. 984 § 2 occupies his unit, shall have the right to remain (part), 1983: prior code§9853.1) not less than one hundred eighty days from the date of receipt of notification of intent to convert. 17.82.060 Acceptance of report. D. No Increase in Renu.A tenant's rent shall The community.development director shall not be increased during the one-hundred-eighty- establish the final form of the reports required by day period provided in subsection C of this Section 17.82.050. Approved reports shall section. remain on file with the community development E. Notice to New Tenants. After submittal of department for review by interested persons. the tentative map, prospective tenants shall be (Ord. 984 § 2 (part), 1983: prior code § 9853.2) given a written notice of intent to convert prior to leasing or renting any unit. (Ord. 984§ 2 (part), 17.82.070 Copy of reports to buyers. 1983: prior code§ 9853.4) Each prospective purchasef shall be provided with a copy of all reports in their final form, 3a � 17.82.090-17.82.110 17.82.090 Hearing—Notification. electricity and water within each unit shall be Prior to acting on applications, the planning separateiv metered and there shall be circuit commission and council shall each hold a public breakers and shutoff valves for each unit. hearing, notice of which shall be given tenants of E. Storage. Each dwelling unit shall have the proposed conversion and posted on the prop- provision for at least two hundred cubic feet of erty at least ten days beforehand. (Ord. 984 § 2 enclosed, weatherproof and lockable private (pan). 1983: prior code § 9853.5) storage space, exclusive of cabinets and closets within the unit. This space shall be for the sole 17.82.100 Application—Required findings. use of the unit owner. The minimum opening An application for condominium conversion shall be two and one-half feet by four feet and the shall not be approved unless these findings are minimum height shall be four feet. made: F. Laundry Facilities. A laundry area shall be A. All provisions of these regulations have provided in each unit, or in common laundry been or will be met; space. Common facilities shall consist of at least B. The proposed conversion is consistent one washer and dryer for each ten units or frac- with the general plan; tion thereof. C. That there exist facts adequate to support G. Parking. The number of parking spaces the findings required under Sections 66473.5 and shall be as prcvided in the zoning regulations. 66474 of the Government Code. Spaces for the exclusive use of occupants of each D. The proposed conversion will not displace unit shall be so marked. Visitor parking and a significant number of low-income or moder- special stopping zones. if any, shall also be ate-income households or senior citizens at a marked. time when no equivalent housing is readily avail- H. Refurbishing and Restoration. All struc- able in the city. (Ord. 984 § 2 (part), 1983: prior tures, common areas, sidewalks, driveways. code § 9853.6) landscaped areas and facilities, if defective, shall be refurbished and restored to a safe and usable 17.82.1 I0 Property improvement standards condition. All deficiencies shall be corrected for condominium conversions. prior to recordation of the final map. A. Building and Zoning Regulations. Con- I. Minimum Project Size. Condominium version projects shall substantially comply with conversion shall not be allowed for projects con- the city's building and housing codes and zoning sisting of less than ten residential units. regulations in effect on the date the conversion J. Private Open Space. There shall be pro- project is approved. vided with each unit a minimum of two hundred B. Fire Safety. fifty square feet of qualifying private open space 1. Smoke Detectors. Each living unit shall be for projects in the R-1 or R-2 zones. and a mini- provided with approved smoke detectors mum of one hundred square feet for projects in mounted on the ceiling or wall at a point cen- the R-3 or R-4 zones.To qualify,open space must trally located in the area giving access to rooms be private and directly accessible from the unit it used for sleeping purposes. serves, and must have a minimum dimension in C. Fire Protection Systems. All fire hydrants, every direction of ten feet for open space pro- fire alarm systems, portable fire extinguishers vided at ground level or six feet for open space and other fire protection appliances shall be provided on a balcony or elevated deck, and retained in operable condition at all times and must be located outside the street yard required shall comply with current city standards. by the zoning regulations. D. Utility Metering.The consumption of gas. 3-aa 17.82.120 K. Common Open Space.There shall be pro- conversion projects in any one calendar ,year vided in each project a minimum of one hun- resulting in more units being converted than dred square feet of qualifying common open one-half the number of multi-family rental space per unit for projects in the R-3 or R-4 dwellings added to the city's housing stock dur- zones. To qualifv, open space shall have a mini- ing the preceding year. The number of multi- mum dimension in every direction of ten feet family rental units added in one year shall be for open space provided at ground level or six determined as follows: From January 1st feet for open space provided on a balcony or through December 31st. the total number of elevated deck, and must be located outside the multifamily rental units given a final building street yard required by zoning regulations. inspection and occupancy permit minus the Common open space need not be located with number of such units demolished, removed each unit.There is no minimum common open from the city, or converted to nonresidential space requirement for projects in the R-1 and use. R-2 zones. B. Fling Period.Applications for conversion L. Total Open Space.There shall be provided may be filed during the months of January and in each project a minimum of one thousand February only. No action shall be taken on square feet per unit of qualifying private and applications during this period. common open space for projects in the R-I C. Project Ranking. zone,seven hundred fifty square feet per unit for 1. If applications on file at the end of the filing projects in the R-2 zone, and four hundred period would when approved convert more square feet per unit for projects in the R-3 or R-4 dwelling units than allowed under subsection A zones. of this section, the planning commission shall M. Common Recreation Facilities. There rank the applications according to the following shall be provided in each project in the R-3 or criteria: R-4 zones a minimum of twenty square feet per a. The fraction of tenants not objecting to unit of common indoor recreation facilities, or conversion; forty square feet per unit of improved outdoor b. Time given tenants to relocate,in addition recreation facilities. Common recreation facili- to the minimum requirement; ties shall be available for,and limited to,the use c. Credit of tenants' rent or deposits toward of the project's tenants and their guests. Com- purchase price; mon recreation facilities must be located out- d. Provision of individual open space with side the street yard required by zoning each dwelling; regulations. e. Provision of additional storage space N. Open Space and Recreation Facilities in beyond minimum requirement: Nonresidential Zones. Requirements for open f. Provision of additional parking beyond space and recreational facilities for projects in minimum requirement; nonresidential zones shall be set by the council & Provision of additional open space or rec- at the time the project is reviewed. reation facilities beyond minimum O. Installation of Clotheslines. Tenants shall requirement: not be prohibited from installing clotheslines in h. Provision of units which low-income and private open areas which are substantially moderate-income families can afford: screened from common view. (Ord. 984 § 2 i. Provision of solar water heating. (part). 1983: prior code § 9853.7) 2. The planning commission's evaluation shall be a recommendation to the council. 17.82.120 Conversion limit procedure. which may act on conversion projects based on A. Annual Limit. The city shall not approve its own findings, within the numerical limits (Sm l.lus Obispo 744) 343 17.82.130-17.82.140 established under subsection A of this section. 17.82.140 Property improvement standards D. Time Limits for Actions. The results of for new condominium projects. the planning commission's evaluation shall be A. Private Open Space. There shall be pro- transmitted to the council by April Ist. The vided with each unit a minimum of two council shall approve,approve subject to condi- hundred fifty square feet of qualifying private tions. or deny each conversion application by open space for projects in the R-1 or R-2 zones, May Ist. If the applications on file at the end of and a minimum of one hundred square feet for the filing period would not exceed the year's projects in the R-3 or R-4 zones. To qualify, limit, they shall be forwarded directly to the open space must be private and directly accessi- council, which shall act on the applications by ble from the unit it serves, and must have a April 1st. minimum dimension in every direction of ten E. Maps. Maps as required by the California feet for open space provided at ground level or Subdivision Map Act need not be prepared until six feet for open space provided on a balcony or an application for conversion has been elevated deck, and must be located outside the approved. Maps shall be processed as provided street yard required by zoning regulations. in the city's subdivision regulations as set out in B. Common Open Space.There shall be pro- Title 16 of this code.The tentative map applica- vided in each project a minimum of one hun- tion shall be accompanied by the declaration of dred square feet of qualifying common open covenants, conditions and restrictions, articles space per unit for projects in the R-3 or R-4 of incorporation, bylaws and contracts for the zones.To qualify, open space shall have a mini- maintenance, management or operation of any mum dimension in every direction of ten feet part of the condominium conversion project, for open space provided at ground level or six which would be applied on behalf of any and all feet for open space provided on a balcony or owners of the condominium units within the elevated deck, and must be located outside the project. in addition to the requirements of Civil street yard required by zoning regulations. Code Section 1355 and any requirements which Common open space need not be located with might be imposed by the city consistent with each unit.There is no minimum common open these regulations,the organizational documents. space requirement for projects in the R-1 and shall include provisions concerning the con- R-2 zones. veyance of units. the assignment of parking;an C. Total Open Space.There shall be provided agreement for common area maintenance, in each project a minimum of one thousand including facilities and landscaping,an estimate square feet per unit of qualifying private and of initial fees anticipated for such maintenance, common open space for projects in the R-1 an indication of responsibilities for mainte- zone,seven hundred fifty square feet per unit for nance of all utility lines and services for each projects in the R-2 zone, and four hundred unit.The covenants,conditions and restrictions square feet per unit for projects in the R-3 or R-4 document shall include a reference to attached, zones. updated property condition report. (Ord. 984 § D. Common Recreation Facilities. There 2 (part), 1983: prior code § 9853.8) shall be provided in each project in the R-3 or R-4 zones a minimum of twenty square feet per 17.82.130 New project regulations— unit of common indoor recreation facilities, or Standards to govern. forty square feet per unit of improved outdoor The standards contained in Section 17.82:140 recreation facilities. Common recreation facili- shall govern new condominium projects. (Ord. ties shall be available for,and limited to. the use 984 § 2 (pan), 1983: prior code § 9854) of the project's tenants and their guests. Com- mon recreation facilities must be located out- (San Luis Obispo 7.8 ) 3-34 17.82.140-17.82.150 side the street yard required by zoning C. No feasible alternative to authorizing the regulations. exception would satisfy the intent of city policies E. Open Space and Recreation Facilities in and regulations.(Ord. 1052§2. 1985:Ord. 984§ Nonresidential Zones. Requirements for open 2 (part). 1983: prior code § 985 5) space and recreational facilities for projects in nonresidential zones shall be set by the council at the time the project is reviewed. F Storage. Each dwelling unit shall have provision for at least two hundred cubic feet of enclosed, weatherproof and lockable private storage space, exclusive of cabinets and closets within the unit. This space shall be for the sole use of the unit owner. The minimum opening shall be two and one-half feet by four feet and the minimum height shall be four feet. G. Laundry Facilities.A laundry area shall be provided in each unit, or in common laundry space. Common facilities shall consist of at least one washer and dryer for each ten units or frac- tion thereof. H. Energy Conservation. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector loca- tions. Tenants shall not be prohibited from installing clotheslines in private open areas which are substantially screened from common view. (Ord. 984 § 2 (part), 1983: prior code § 9854.1) 17.82.150 Exceptions to property improvement standards. Upon request by a subdivider,the council may approve exceptions to property improvement standards for new or conversion projects. The nature of the exception shall be described in pub- lic notices for council hearing on the condomin- ium map. The council may act on the request only after a public hearing. In order to approve an exception, the council must find that: A. There are circumstances of the site,such as size. shape or topography,distinct from land in the same zoning, or compliance would not be practical because of the location or site design; B. The variance will not constitute a grant of special privilege: an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning;and 3�� Draft PC Minutes , ` NG AGENDA November 18, 1992 Alt i - �RM # At the request of Commrs . Williams and Karleskint , Commr . Senn amended his motion to state thata enc; height exception of a minimum of 18 inches for a 4-foot h' gh fence was acceptable ; and that the fence in between the day c r center and the adjacent property and the trash. bin be plac d in an adequate state of repair to staff ' s satisfaction . n answer to a question by Commr . Hoffman , Commr . Senn adde a finding to state that the fence height exception was being granted because it was an appropriate exception because o the site , the use , for the health, safety, and welfare for the children , and because a 4- foot fence for day care center was a state requirement . Commr . Williams approved of t e changes . COPIE57'O: Commr. Cross requested low- ow toilets be required. El-DewusAceom El R C=wil & CDD DIR. Chairman Karleskint reopen d the public hearing. ®'AAC,.Aoo ❑ FM CHIEF OATTORNEY ❑ FW DHL Miss Hazen said a low-flo toilet had been purchased Mrab.A&ADRic. ❑ PouCECI-t trash bin was being repai ed. ❑ MCMT•TEAM ❑ RECDIR. ❑ C READ FILE ❑ UnL DIR. Chairman Karleskint clo ed the public hearing. WT-TL R'_ & VOTING: AYES - Co rs . Senn, Williams , Cross , Hoffman , P terson, Settle , and Karleskint . NOES - one . ABSENT - one . The motion passed. ----------------------------------------------------------------- Item 3 . Condominium Conversion CON 34-92 : A request to convert a 9-unit apartment complex to air-space condominiums ; 533 Pismo Street ; R-3 zone ; Derek Eastwood, applicant . ----------------- ----------------------------------------------- Whitney McIlvaine presented the staff report and recommended the Commission forward a recommendation for approval to the City Council based on findings and conditions . In answer to a question by Commr . Cross , Arnold Jonas said the City' s standard requirement of a minimum of 10 units probably existed to prevent wholesale conversion of small rental complexes which could deplete rental housing. Whitney McIlvaine explained that a precedent had been set for allowing 9 units to be converted to condominiums and that three of the findings in this staff report were included in the approval of that earlier conversion. Commr. Cross expressed concern about the width of the private open space between units 8 and 9. Chairman Karleskint opened the public hearing. RECEIVED DEC 1 1 1992 CITY CLERK SAN LUIS WISPO,CA T John Wallace, 4115 Broad Street , Suite b-5, applicant ' s representative, said the applicant agrees with the findings and conditions in the staff report . He explained the patios for units 8 and 9 are narrower than the other patios so that large vehicles would not hit them while parking in the adjacent parking lot . In answer to a question by Commr . Cross , Mr . Wallace explained that the reason the storage shed was located next to unit 9 where in encroaches into the setback was to comply with City ordinance which requires storage sheds to be directly accessible to units . Chairman Karleskint closed the public hearing. Commr . Settle said he approved of the project . Commr . Williams moved to approve the request subject to the findings and two conditions . Commr. Senn seconded the motion . Commr . Cross said the Commission had reduced its standard for approving condominium projects from 10 to 9 units . VOTING: AYES - Commrs . Williams , Senn, Cross , Settle , Hoffman, Peterson , and Karleskint . NOES - None . ABSENT - None . The motion passed. ----------------------------------------------------------------- Item 4 . Home Occupation Permit A 180-92 : An appeal of the Hearing Officer ' s action conditionally approving a home occupation permit to allow message therapy ; 3057 S . Higuera Street #33 ; R-2 zone ; Mary Hunt , applicant ; Chumash Village Homeowners ' Association, appellant . ----------------------------------------------------------------- Commr . Williams stepped down due to a conflict of interest . Whitney McIlvaine presented the staff report and said that staff believed the additional conditions limiting clients to one per day before 8 : 00 p.m. and requiring clients to park in the applicant ' s carport addressed the concerns raised by the appellant at the administrative hearing. She recommended that the Commission uphold the Hearing Officer ' s action and approve the use permit . She said a condition could be added to require review of the use permit in one year. Commr. Cross asked staff about the City' s inability to enforce CC&R' s .