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Home My WebLink About11/12/2002, PH3 - REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION OF 4 APARTMENT UNIT council ` Mrmg°� acEnaa REpont [�Nu 3 CITY OF SAN LUIS 0 B I S P 0 FROM: John Mandeville,Community Development Director Prepared By: Philip Dunsmore,Associate Planner SUBJECT: REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION OF 4 APARTMENT UNITS AT 3045 ROCKVIEW PLACE. (TR/ER/43-02) CAO RECOMMENDATION Adopt resolution "A", denying the tentative tract map to allow conversion of 4 apartment units to condominiums. DISCUSSION Situation The applicant, John Mitchell, is requesting approval of a tentative map to allow the conversion of an existing 4-unit residential apartment project into condominiums as shown in the reduced site plan, attachment 2. The ARC reviewed and approved the project as an apartment project on March 20, 2000. Since the project site is zoned R-2-S, a use permit was required to allow the development. The Administrative Hearing Officer approved the use permit on April 7`f', 2000, allowing development of the R-2 S site with multi-family development on a sloping lot consisting of four two-story dwellings (three 2-bedroom units and a 1-bedroom unit). Following issuance of a construction permit and substantial construction, the applicant submitted an application to subdivide the property as a condominium project. Since the units were not yet completed or leased, staff handled the application as a new condominium project instead of a conversion. Planning Commission Review of Tentative Map A Tentative Tract Map application was submitted in order to subdivide the property into a 5-lot condominium map (4 airspace units and 1 common lot). On June 26, 2002, the Planning Commission recommended approval of the subdivision 6-0 (Commissioner Cooper was absent). Attached to this staff report, please find the Planning Commission staff report (attachment 3) the adopted resolution (attachment 4) and the corresponding meeting minutes (attachment 5). The Planning Commission recommended approval of the map with exceptions to the condominium standards, allowing private yards smaller than a width of 10 feet. The recommendation included a condition of approval restricting the applicant from occupying the apartment units until a final map had been recorded for the properties, otherwise the project would be considered a condominium conversion. Prior to scheduling the map for Council review, the applicant completed and knowingly occupied the units, contrary to the condition. Now, the request to subdivide the property is more appropriately considered a condominium conversion and not a 3- I 1 Council Agenda Report TR/ER 43-02 (Mitchell, 3045 Rockview) Page 2 new condominium project. The applicant has now requested to continue seeking approval of the project as a condominium subdivision. (Refer to applicant letter, September 6, 2002, attachment 6) Analysis The conversion of apartments into condominiums, as compared to new condominiums, is subject to additional condominium standards (see attachment 7) as well as additional General Plan Policies. Chapter 17.82 of the Municipal Code, otherwise known as the Residential Condominium Development and Conversion standards, establishes requirements and procedures to convert apartments to condominiums in compliance with the General Plan Housing Element. As designed, the project complies with all required condominium development standards with the exception of private open space. Condominium Conversions, however, are limited to a minimum number of 10 units, as specified in Section 17.82.110 (1) of the condominium standards. Additionally conversions may be subject to affordable housing requirements, regardless of the number of units. Why a minimum of 10 units? This project proposes the conversion of only 4 units. The condominium standards likely established a minimum number of 10 units for 2 reasons: 1) To maintain a mixture of small rental housing projects in areas throughout the City interspersed throughout lower density residential zones and; 2) Because converting fewer than 10 units is generally not financially feasible to the applicant. Over the past 10 years only 1 residential condominium conversion has been pursued in the City. This project, approved by City Council in 1992 (Con-34-92), allowed the conversion of 9 apartment units. An exception was allowed in order to allow the conversion of less than 10 units. Allowing the conversion of only 4 units, however, sets an unusual precedence that could encourage a number of smaller conversions throughout the City. A large supply of San Luis Obispo's rental housing market exists in smaller developments of fewer than 10 units that are dispersed throughout the City. Conversion of these units could eventually result in a significant loss of rental housing. If findings can be made to support approval of the project consistent with the intent of the General Plan, the Council could consider granting an exception to the Condominium standards to allow the conversion of fewer than 10 units. General Plan policies, and the project itself, however, should be carefully reviewed prior to considering approval of the project. Condominium Conversion Limits The Condominium Standards establish limits to the amount of apartments that may be converted each year. This number is calculated based on the number of multi-family dwelling units produced in the City the previous year. The number of apartment units converted to condominiums cannot exceed 50% of the number of multi family units produced in the City the previous year. In 2001, 12 apartment units were created in the City. The subject proposal intends to convert 4 apartments, which is less than half of the number of units created last year. The conversion would be allowed under the conversion limits. 3-� 1 j Council Agenda Report - TR/ER 43-02 (Mitchell, 3045 Rockview) Page 3 Tenant Provisions One of the key provisions of the City's Housing Element and the Condominium Standards is to protect rental housing and avoid the displacement of tenants. The Condominium Standards require conversion notification to tenants,right of first refusal to purchase the occupied units, and a guarantee that rents will not be increased during the required 180-day notification period. The applicant has notified each of the tenants and offered the right to purchase as part of the notification, consistent with the required Condominium Standards tenant provisions. See Attachment 7 for a copy of the tenant notifications. Affordable Housing Requirements The Condominium Standards, Chapter 17.82 of the Municipal Code, require conversion projects to meet affordable housing standards or pay an in-lieu fee, regardless of the number of units converted. However, the conversion of less than five dwelling units to condominiums within any five-year period is exempt from the City's recently adopted Inclusionary Housing Ordinance. The project includes the conversion of only 4 units and is therefore exempt from providing affordable housing or in-lieu fees, unless the Council determines that affordable housing is needed in order to meet the General Plan Housing Element policies. Since the project applicant is asking for an exception to allow only 4 units to be converted, the provision of one affordable unit within the project may be an appropriate project condition should the Council consider approval of the conversion. General Plan Policies regarding Condominium Conversions The General Plan housing element speaks clearly to the conversion of affordable rental units to condominiums, however the City allows conversions when consistent with the Condominium Standards. The Condominium Standards have built in provisions that are designed to eliminate displacement of tenants and maintain rental housing. The applicant has made an attempt to comply with the provisions of the standards, however, since it is now considered a conversion, approval of the subdivision will require exceptions that may not be consistent with the intent of General Plan Housing Element policies. The existing apartment units are not currently deed restricted as affordable units, and the apartments not considered an affordable housing project. In most cases rental housing is an affordable housing type when compared to "for sale" housing in the City. The City's Affordable Housing Standards for 2002 allow a maximum monthly rent of $1,452 for a moderately affordable 2-bedroom unit. Under the current market conditions, very few rental units within the City actually exceed these limits. Market rate sales prices for a 2- bedroom detached condominium, however, are likely to exceed $300,000. Currently the rents at these particular properties range from $1,350 to $1,700 per month. Average monthly purchase cost of one of these units is likely to average $2,200 or more plus additional costs incurred for maintenance. The likely conclusion is the conversion of the rental units to condominiums will place these housing units further away from the affordable housing category. The following General Plan Housing Element policies refer particularly to affordable rental housing. Since most rental housing is considered an affordable alternative to ownership in the current economy, the following Housing Element policies are relevant to the project. 3�3 Council Agenda Report - TR/ER 43-02 (Mitchell, 3045 Rockview) Page 4 H2.2.3 Creation and Preservation-Affordable Rental Housing The City will preserve and expand its supply of affordable rental housing. H2.2.8 Conversion to Condominiums The City shall discourage conversion of affordable rental housing to condominiums or other forms of housing tenure and occupancy. H2.3.7: Condominium Conversion Regulations The City will revise its condominium conversion regulations to discourage or prevent the conversion of affordable rental units to condominiums unless permanent affordability guarantees, such as deed restrictions, are incorporated into the conversion. Environmental Review The Planning Commission concurs with the adoption of a Negative Declaration for the project. The initial study can be found as attachment 8. Since the project is already constructed as approved by ARC and a City building permit, subdivision does not change the physical or environmental impacts of the project, therefore warranting a Negative Declaration. Many of the project's potential impacts are addressed by the existing Open Space Zoning of a portion of the property and the existing project conditions of approval. Conclusion Staff is recommending denial of the condominium conversion because the project is not consistent with the intent of the Condominium Conversion Regulations and the Housing Element of the General Plan. The project does not create affordable housing, does not create additional housing opportunities, and potentially depletes existing rental housing stock. If the Council feels an exception should be granted to allow the conversion of fewer than 10 units to condominiums staff has provided an alternative resolution of approval as noted below in alternative 1. A resolution of Denial "A" and a resolution of approval with findings and conditions `B" can be found as attachments 9 and 10. FISCAL IMPACTS When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. The Council may consider approval of the tentative tract map and adopt resolution `B" with findings and conditions as attached. �' 1 Council Agenda Report - TR/ER 43-02 (Mitchell, 3045 Rockview) Page 5 2. The Council may continue discussion if additional information is needed. Direction should be given to staff and the applicant. Attachments: 1. Vicinity map 2. Reduction of proposed subdivision tentative map 3. Planning Commission Staff Report, June 26, 2002 4. Planning Commission Resolution 5342-02 5. Planning Commission Meeting Minutes, June 26, 2002 6. Applicant letter, September 6, 2002 7. Condominium Standards, Chapter 17.82 of the Municipal Code 8. Environmental Initial Study 9. Draft Resolution of Denial (A) 10. Draft Resolution of Approval (B)—environmental determination and subdivision Reduced scale plans have been provided to the City Council and full size plan sets are available for review at the Community Development Department. G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Subdivisions\TR 43-02(3045 Rockview)\TR 43-02 CC SR.doc 3^S V -#*" ` Attachment 1 R- -S C-S IR, f -2 JILLR 1- C-S M-PD -2- C-S-PD -S-S M R-2-S 0 C -S C-S S s-40 ORCUTT C. D -S 1 ~ R-2-S R-2-S D� C/OS-40 -2-S VICINITY MAP TR 43-02 N a 3045 Rockview n 3 Z - Z Z o Attachment 2 0 ' O LL o N � 0 � j0CL « f L y ooi +z w Cr m F O 0 -1 V) = Q N o O 0 y = y a 9 d Z O 0 O a ,> W � a a�- O z =N H > z o W 00 - i'Jv'ld 1.131A�YJ09-'•..- /=1 <( O < F=„ V m LL Hg F z ❑ � � h aOt- U Cr Oo U- ' — - - O'l22 _-- • ��/ / 1 w U 6 y l I v9 m a � wu Vx 0 _ ® Z S O«.fie 3 -------- ---- 1p LU � O O .« _. . .. z 3 -tel L Attachment 2 n � N > Ao U c w aa " o N c m r a Rn F [D 1-_h 1- c Z > O Q Q y Z > D J N d o � Z N 0 a U. rn L r 0 20 E� w > > Q F a < az H y00 < > O ava.. w Q O a' W O T ----•---------------------- Ey < F z 0 IFayy1d M31/ >1'JOi1 naivM »_o Z Z < J .r--t ' -FY `aa- ss+ -----�, < O > <. - V'i4�;` ' 1=aaaM29A U, m F. O A Z a U " ova– aw.oI O - � OO'Oa M.aY.b.CON,jI y F I . w_ n ^ II O O i i ...i.. LL a 0 z N yun �• x +tea � 1 a Eo. i y 1 1 p I < O U u p J V w o s o I I 1 O 6 1 eL...... Q =�a x0 LLU o�. a 1 a ° 31 � ria i 1 sl � • • r S p p fS_II o C: LJ H O span ' i 98lR 3 -g e 5� ' Attachment 3 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM# 3 BY: Philip Dunsmore, Associate Planner(781-7522 MEETING DATE: June 26, 2002 FROM: Ron Whisenand, Deputy Director - Development Revie�?D FILE NUMBER: TR, ER 43-02 PROJECT ADDRESS: 3045 Rockview SUBJECT: Review of a proposed 4-unit, 5 lot condominium subdivision with exceptions to private outdoor open space requirements and a proposed Negative Declaration. SUMMARY RECOMMENDATION Recommend that the City Council adopt the negative declaration and approve the proposed tentative map for a 4-unit condominium map with exceptions to private outdoor open space standards based on findings and subject to conditions of approval. BACKGROUND Situation/Previous Review The 4 units proposed for condominium subdivision at this site have already been substantially constructed and are nearing completion. The ARC reviewed and approved the project as an apartment project on March 20, 2000. Since the project site is zoned R-2-S, a use permit was required to allow the development. The Administrative Hearing Officer approved the use permit on April 7"', 2000, allowing development of the R-2 S site with multi-family development on a sloping lot consisting of four two-story houses (three 2-bedroom houses and one 1-bedroom house). Additionally, the use permit allowed a 16.5—foot front yard setback where 20 feet is normally required and a slope density exception to enable 3.66 density units where 3.31 density units would otherwise be allowed. A copy of the conditions of approval as approved by the ARC and use permit are included as attachment 3 and 4. At this time the applicant is proposing to subdivide the new units into condominium units prior to occupancy, therefore the project is considered a new condominium subdivision and not a condominium conversion. Data Summary Address: 3045 Rockview Applicant/Property Owner: John Mitchell Zoning: Medium-Density Residential with a Special Considerations overlay (R-2-S) and Conservation Open Space (C/OS40) General Plan: Medium-Density Residential and Open Space Environmental Status: the Community Development Director recommended a Negative Declaration on May 30, 2002. 3 -9 ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 2 Site Description The 21,995 square foot site is located on the west side of Rockview Place just south of Sweeny Street. The area developed with 4 residential units and the driveway is zoned R-2-S and comprises roughly 13,900 square feet of the site. The remaining 8,100 square feet is beyond the development limit line (the 275-foot contour) and zoned Conservation Open Space with a minimum parcel size of 40 acres (C/OS-40). The Open Space portion of the property is primarily grassland with no trees or significant rock outcroppings. Surrounding uses include single family and multi family housing. Slopes in the developable portion of the site range from roughly 12% to 20%. Proiect Description The project is a condominium subdivision of an existing developed site. Existing construction consists of a multi-family development on a sloping lot consisting of four two-story houses — three 2-bedroom houses and one 1-bedroom house. The proposed map consists of 5 lots consisting of 4 air space condominium lots and one common lot that includes parking areas, the driveway and a+/- 8,000 square foot open space area at the rear of the site (all outdoor areas are common space). At this time the project construction has not been completed, and the units have not been occupied, therefore the project should be considered a new condominium subdivision instead of a conversion. No additional construction is proposed as a part of the tract map and the map will not grant additional entitlement to the project site. Approval of the Condo map will require exceptions to the property improvement standards for new condominium projects (section 17.82.140) since the outdoor yard areas of some of the units have dimensions of less than 10 feet. .K Y Photo looking west from Rockview at the existing project nearing completion on June 17`s, 2002 3 - 10 i ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 3 EVALUATION The original review and approval of the apartment development did not consider potential subdivision of the property. At the Use Permit hearing, the hearing officer asked the applicant if he intended to later subdivide the property. The question was intended to help determine the best design of the development given the ultimate goals of the applicant. At that time, the applicant stated that he had no intention of subdividing the property. Each of the units, however, was designed with separate utilities, private garages and visitor parking. Exceptions were granted for front yard setback and density to allow the development as it is currently being constructed. As built, the units do not meet the Condominium Standards (Municipal Code Chapter 17.82.140) for private open space. Approval of the map will require exceptions to private open space standards required for new condominiums. Subdivision of the property, however, appears to be consistent with the General Plan since subdivision of the property will not displace residents or cause a loss of affordable housing. Proiect Overview Zoning Regulations ations The project is required to comply with R-2 zoning standards and the Residential Condominium Development standards(Municipal Code chapter 17.82). As developed, the project complies with the property development standards for building height, lot coverage, and parking. Density, setbacks,private open space and energy conservation standards are discussed below. Density The Zoning Regulations specify a lesser density for areas with slopes exceeding 15%. In this case, the rear third of the developable area has slopes between 16% and 20%. Without an exception, the allowed density for this site is 3.31 "density units." The applicant was approved a slope/density exception by the Hearing Officer on April 11, 2000 to enable the same density that would be allowed on this site if slopes did not exceed 15%, which would be a maximum of 3.83 "density units." The density bonus was supported at this location for two reasons: 1. The adjacent development to the north was granted a similar density bonus and was constructed to a density that meets or exceeds this project; and 2. Granting an exception to the density in this case furthers City goals for compact urban form and creation of additional housing opportunities. The project was developed with three 2-bedroom dwellings (at 1 density unit each) and one 1- bedroom dwelling(at .66 density units) for a total of 3.66 density units. Setbacks In the R-2 zone, the required street yard is 20 feet and other yards have a dimension of 5 to 10 feet depending on building height. The ARC and use permit approval allowed a 16.5-foot setback in the front yard where 20 feet is otherwise required. The ARC found that adjacent properties were developed to a similar setback and that a 3.5-foot reduction was minor in nature. This enabled the applicant to use a reverse floor plan, for the unit nearest Rockview, without any further modification to the front elevation. Unit 1 is currently developed with a 16.4-foot front setback ATTACH�fli EMT 3 TR, ER 43-02 (3045 Rockview) Page 4 Private outdoor open space( `. Useable outdoor space is less than what is required by the condominium standards. As a multi-family project the development did not require compliance with minimum private outdoor open space standards. The condominium standards, however, specify a minimum of 250 square feet of private open space, with no dimension less than 10 feet and the open space shall be located outside of the i I� required street yard. None of the 4 units will meet the standards for private outdoor open space. All of the units have at least 250 square feet or more 9 Typical private open space, unit 3 shown. outdoor open space, however units 2, 3 and 4 do not meet the minimum 10 foot dimension and unit 1 has it's private open space in the street yard setback. Useable outdoor areas are minimal, but households desiring little or no yard work may see this as a plus. Exceptions to the property improvement standards may be approved by the City Council when certain findings are made. Chapter 17.82.160, a section of the Residential Condominium Development Standards, describes the findings necessary when approving an exception to the property improvement standards for condominiums. 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 exception 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 C. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. Staff agrees that the findings can be made to support the requested exception for the dimensions of the yards. With the original approval of the project, the ARC recognized the challenging topography and dimensions of this infill site. The site is narrow and long and has just enough space for an adequate driveway width and maneuvering space. Because of the narrow lot, the units have minimal setbacks and no "surplus" outdoor space is left over. The slope of the site created additional difficulties in designing the project. It does not appear that additional outdoor space could be easily incorporated into each of the units. 3 r« ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 5 Enerzy Conservation One of the requirements for new or converted condominium projects is the incorporation of energy conservation elements. The Condominium standards specifically recommend the use of solar water heating for each unit. The standards also allow the Community Development Director to waive the requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy savings will be obtained by other means. Currently the project does not contain solar water heaters for each of the units, however the applicant feels that sufficient energy conservation elements have already been incorporated into the project. Staff has added a condition of approval to the condominium map that requires either solar water heaters for each of the units unless the Chief Building Official determines that equivalent energy conservation methods have already been, or can be added into, the project. Common open space Although the Condominium standards do not require common open space for projects within the _ R-2 zone, this project does contain approximately 8,000 square feet of common open space. Although not necessarily usable open space the open space is a project amenity that preserves the a viewshed on the steepest portion of the property For maintenance, the open space is accessible by r steps located alongside unit 4. The open space area r has been recorded via an open space agreement as a condition of development of the property. A ? Y ' ..,• copy of the recorded open space agreement has been included as attachment 5. [ Common open space area at rear of lot _ General Plan Consistency The project is consistent with the Housing Element goal of providing a variety in the location, type, size, tenure, cost, style, and age of dwellings to accommodate the wide range of households desiring to live in the City. The project appears to be compatible with the existing development in the Rockview neighborhood since other condominiums and apartments are located adjacent to the property. The City's Housing Element contains Policies that discourage the conversion of affordable rental housing to condominiums, however in this case the property is not considered a conversion, and the a map will not result in a direct loss of affordable housing. Although the map will allow separate ownership of each unit, it cannot be determined whether the units will be used as rental housing or owner occupied. 3 - 13 ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 6 Project design The project was reviewed and approved by the ARC on March 20, 2000. The project appears to have been constructed in compliance with ARC conditions and code requirements and is nearing completion. Units 1, 2, and 4 each contain 2 bedrooms a 2-car garage and a guest parking space, while unit 3 contains 1 bedroom and a 2-car garage with no additional guest parking. A shared trash receptacle is located behind unit 1. Each unit has separate utilities, and all units link into a single sewer lateral that is located in the driveway, which is a portion of the proposed common lot. STREET TREE I' 2 � NT—y'Jm ao �� Zm PLE I U NDb°04'OT'E 4D1.10 _ 4A NC OERER LATERAL r�A*"h T(.O4G "-ORIYLN.Y L ° 3 I Open space �' u i e� 48.L��@BLRF11FP1 I 1 y_ i ALT GONGRE'R ORIVEWAY---- I T I y ..,. SI -PRIVATE OPEN SPACE 400• I I` N 3045 Rockview 1 floor site plan Environmental Review The Community Development.Director has recommended a Negative Declaration for the project. The recommendation and initial study are attached to this staff report (Attachment 6). Since the project is already constructed as approved by ARC a Use Permit and a City building permit, subdivision does not change the physical or environmental impacts of the project, therefore warranting a Negative Declaration. Many of the project's potential impacts are addressed by the existing Open Space Zoning of a portion of the property and the existing project conditions of approval. SUMMARY RECOMMENDATION Recommend that the City Council adopt the negative declaration and approve the proposed tentative map for a 4-unit condominium map with exceptions to private outdoor open space standards based on the following findings and subject to the following conditions of approval. Subdivision Findings 1. The proposed condominium map is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing, displace residents, or reduce the amount of available rental housing. 3 - I4 ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 7 2. The site was physically suitable for the proposed type and density of development. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat since the subdivision will not allow additional construction or entitlements. 4. Based on staff's analysis and the projects environmental review, the design of the subdivision, or type of improvements, is not likely to cause detriment to public health or safety. 5. That the design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Condominium Exception Findings 1. 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, since the site is particularly long and narrow with a large portion of the lot on upper slopes; 2. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning since adjacent properties with the same slope and characteristics are developed to a similar or greater density; and 3. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. The project appears to meet the required findings. An Initial Study of Environmental Impact did not identify any potential impacts to fish or wildlife or their habitat areas, and no adverse health impacts to humans were identified. There are no easements on the property for access through the project site. As discussed in the previous section, staff believes that project proposal, with recommended changes, is consistent with the General Plan. Staff Recommended Conditions 1. All applicable conditions as required by approval of ARC 13-00 and Administrative Use Permit A- 13-00 shall apply to the project. 2. The applicant shall pay Park In-Lieu Fees consistent with SLO Municipal Code Section 16.40.080. 3. 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. ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 8 4. Each lot shall have a separate water service connection to the public main. A common private sewer is allowed, subject to a proper agreement addressing the joint ownership and maintenance of the private sewer. 5. The common open space shall be maintained in accordance with the City's weed abatement program. 6. The Open Space easement agreement shall be noted on the Final Map. 7. 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. 8. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. The tentative map does not reflect the location of the existing power, phone, and cable services. 9. Use, access to, and maintenance responsibility of the proposed common open space area shall be recorded as part of the CC & R's. 10. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map shall be processed as a condo conversion per Municipal Code Chapter 17.82. 11. 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. 12. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier(model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 13. The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. - - ATTACHMENT 3 TR, ER 43-02 (3045 Rockview) Page 9 14. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans &record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. REFERRALS AND PUBLIC COMMENT The project proposal was routed to various City departments and other interested agencies such as utility companies. Comments received have been incorporated as conditions of approval where necessary. ALTERNATIVES 1. Recommend denial of the project. This action should be taken if the Planning Commission cannot make the required findings listed in the recommend resolution. 2. Continue the project with direction to the applicant and staff on changes to the project or additional information necessary to support approval of the project. Attachments: Attachment 1: Vicinity Map Attachment 2: Reduced Size Condominium map, Tentative Tract Map#2478 Attachment 3: ARC letter approving the project with findings and conditions Attachment 4: Use permit approval letter with findings and conditions Attachment 5: Recorded Open Space agreement Attachment 6: Property Improvement Standards for New Condominium Subdivisions (SLOMC 17.82.140) Attachment 7: Initial Study of Environmental Impact and Negative Declaration Attachment 8: Draft Planning Commission Resolution with findings and conditions as recommended by staff 3 - 11 I Attachment 4 PLANNING COMMISSION u: RESOLUTION NO. 5342-02 a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM TRACT MAP AND NEGATIVE DECLARATION APPLICATION NO. TR, ER 43-02 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 26, 2002 for the purpose of considering Application No. TR, ER 43- 02, a request to approve a Condominium subdivision for 3045 Rockview Place; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission reviewed and considered the Negative Declaration of environmental impact; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: Subdivision Findings 1. The proposed condominium map is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing, displace residents, or reduce the amount of available rental housing. 2. The site was physically suitable for the proposed type and density of development. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat since the subdivision will not allow additional construction or entitlements. 4. Based on staff's analysis and the projects environmental review, the design of the subdivision, or type of improvements, is not likely to cause detriment to public health or safety. 3- l�S ATTACHMENT 4 Resolution No. 5342-02 Page 2 5. That the design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property, within the proposed subdivision. Condominium Exception Findings 1. 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, since the site is particularly long and narrow with a large portion of the lot on upper slopes; 2. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning since adjacent properties with the same slope and characteristics are developed to a similar or greater density; and 3. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. Section 2. Environmental Review. The Planning Commission does hereby recommend that the City Council adopt a Negative Declaration for the project. Section 3. Recommendation. The Planning Commission does hereby recommend to the City Council approval of Application No. TR, ER 43-02, a request to approve a Condominium Subdivision for 3045 Rockview, subject to the following conditions: 1. All applicable conditions as required by approval of ARC 13-00 and Administrative Use Permit A- 13-00 shall apply to the project. 2. The applicant shall pay Park In-Lieu Fees consistent with SLO Municipal Code Section 16.40.080. 3. 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. 4. Each lot shall have a separate water service connection to the public main. A common private sewer is allowed, subject to a proper agreement addressing the joint ownership and maintenance of the private sewer. 5. The common open space shall be maintained in accordance with the City's weed abatement program. 6. The Open Space easement agreement shall be noted on the Final Map. .3 - j ATTACHMENT 4 Resolution No. 5342-02 Page 3 7. 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. 8. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. The tentative map does not reflect the location of the existing power, phone, and cable services. 9. Use, access to, and maintenance responsibility of the proposed common open space area shall be recorded as part of the CC & R's. 10.The map shall be recorded prior to occupancy of any of the units. Otherwise, the map shall be processed as a condo conversion per Municipal Code Chapter 17.82. 11.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. 12.The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 13.The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 14. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans & record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 15. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body conceming this subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3-2� - ATTACHMENT 4 Resolution No. 5342-02 Page 4 On motion by Commr. Caruso, seconded by Commr. Aiken, and on the following roll call vote: AYES: Caruso, Aiken, Peterson, Boswell, Osborne, and Loh. NOES: None REFRAIN: None ABSENT: Commr. Cooper The foregoing resolution was passed and adopted this 26th day of June 2002. Pnald Whlsenand, Secre ry anning Commission � " t Planning Commission Minus,__ ' Attachments June 26, 2002 Page 9 AYES: Commrs. Aiken, Osborne, Caruso, and Chairwoman Loh. NOES: Commrs. Peterson and Boswell. ABSENT: Commr. Cooper. ABSTAIN: None. The motion carried 4-2. 3. 3045 Rockview Place. TR and ER 43-02; Request to create a 4-unit (5 lot, including one common area lot) condominium subdivision, and environmental review; R 2-S zone; John Mitchell, applicant. Associate Planner Pam Ricci presented the staff report recommending that the City Council adopt the negative declaration and approve the proposed tentative map for a 4- unit condominium project with exceptions to private outdoor open space standards, based on findings and subject to conditions of approval. Planner Ricci commented that, on the advice of the Assistant City Attorney, staff recommends the addition of a standard indemnity condition, which would become condition 15. She read the new condition. Assistant City Attorney Gil Trujillo recommended that it be included as a standard condition on all subdivision projects. Commr. Aiken questioned if the criteria for private open space areas were based on State requirements for condominiums or local code requirements. Planner Ricci explained it is part of their condominium regulations, which is part of the local subdivision ordinance. Commr. Peterson noted that the private open space yard areas were not included within the lots that are being subdivided. Planner Ricci replied that they are part of the common lot. Deputy Director Whisenand elaborated on the purpose of the common lot area shown on the map. He explained that the individual owner would have exclusive rights to use their decks. John Mitchell, 3211 Broad Street, commented that the project was not originally planned to be a condominium, but was designed to create four individual houses. Chairwoman Loh asked to explain the location where the project parking spaces were provided. Mr. Mitchell explained each of the four houses has an enclosed two-car garage (8 spaces), two spaces are located in a carport, and there is one uncovered space, for a total of 11 spaces. 3��a Planning Commission Unu. ATTACHMENTS . June 26,2002 Page 10 Chairwoman Loh asked if there are steps going up to the open space in the back. Mr. Mitchell responded yes, and explained there is a retaining wall at the back so there are steps to get to the open space for maintenance. PUBLIC COMMENTS: Art Murphy, 2974 Rockview Place, noted that he has lived in the neighborhood for 10 years and expressed his support for the project. He felt that it was a fine addition to the area and would encourage more developments like this project. Commr. Caruso asked the applicant why he changed his mind regarding the creation of condominiums versus apartments. Mr. Mitchell explained that it had to do with liability insurance requirements. There were no further comments made from the public. COMISSION COMMENTS: Commr. Caruso moved to approve the project as recommended by staff, and as amended during the staff presentation with the addition of the condition 15.. Commr. Aiken seconded the motion. AYES: Commrs. Caruso, Aiken, Peterson, Boswell, Osborne, and Loh. NOES: None. ABSENT: Commr. Cooper. ABSTAIN: None. The motion carried 6-0. 4. Downtown. 0 and ER 22-02; Request to create an in-lieu parking boundary for the downtown, and environmental review; City of San Luis Obispo Parking Division, applicant. Deputy Director Ronald Whisenand presented the staff report recommending the Commission recommend to the City Council 1) approval of the Negative Declaration of Environmental Impact for creation of the Parking In Lieu Fee Zone Program; 2) that payment of Parking In Lieu Fees be changed from a "zoning based" (Central- Commercial zoning district only) to a "boundary based" program and adopt the proposed Parking In Lieu Fee Zone Map as areas where parking in lieu fees may be collected in lieu of project specific parking installation; and 3) approval of ordinance changes for establishing the Parking In Lieu Fee Zone. He presented a map and pointed out the general boundaries of the district and gave a description of the proposed zones. Deputy Public Works Director Tim Bochum explained that he performed two different parking analyses; one was for the office calculation and one was for the public facilities. 3-a3 �I`- � Attachment 6 : -21 00 JOHN ROBERT MITCHELL '-_ ARCHITECTURE&DEVELOPMENT 3211 BROAD STREET,.SUITE 205 September 6, 2002 116pool SAN LUIS OBISPO.CA 93401 (805)544-972T,.FAX 544-1169 Philip Dunsmore Associate Planner City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 RE: Tentative Tract Map Application 43-02 Dear Phil; This is in response to your letter of July 18, 2002. I realize this application is unique in that the tentative map was filed after construction was begun. I understand the staff recommendation as outlined in your letter. However, given the fact that the Planning Commission was so positive about my project and how it can create housing in a market with limited supply, l am requesting it return to the Planning Commission to reconsider condition number 10 due to the following circumstances: A. I agreed to this condition primarily at staffs urging and with the mutual understanding that I could get on the City Council agenda in a reasonable time frame. While this was not promised to me, it was understood that this would need to be processed with a sense of urgency due to the fact that the project was nearing completion. You thought there was a good chance of getting on the July 16th City Council agenda. The Planning Commission meeting was held June 26,2002. On June 27th I was told I could not get on the July 16 agenda; I also could not get on the August 6th agenda because it was canceled, and the next available date was August 29th.This was too much of a financial burden, so I elected to rent the houses. B. Before renting the houses I informed each tenant.that a tentative map was filed and they acknowledged the units may be sold. They have been given a first right of refusal to purchase the homes. All tenants clearly understood the issues. I have submitted the acknowledgments for your records. Again,I understand that I accepted the conditions as approved by the Planning Commission,but due to the unique circumstances with my project,A)Planning Commission approval prior to completion, B) the financial burden due to agenda 3- 2� 1 ATTACHMENT 16 scheduling beyond my control, and C) tenant's acknowledgments prior to occupancy, it is my hope that the Planning Commission will recognize these are unique circumstances and consider making an exception to condition number 10. I can understand if staff does not support my request,but I am formally requesting the issue be presented to the Planning Commission. Sincerel n R. Mitchel enclosures: Tenant Notifications rw/JRM 3- � ATTACHMENT � TENANT NOTIFICATION Prior to leasing 3047 Rockview Place Marcus A. and Jennifer S. Ziedses Des Plantes acknowledge that they have been informed that a condo subdivision has been submitted to the city of San Luis Obispo for approval and that the units may be for sale sometime in the future. A. Notice of intent to convert. Pursuant to Section 17.82.080 of the City Development Standards, I am providing the following information: Owner: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 Subdivider: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 B. Tenant's ri hg t to purchase. Pursuant to Government Code Section 66427.1 (d), applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of units. Each non purchasing tenant not in default under the provisions of the rental agreement or lease under which he occupies his unit, shall have the right to remain to the end of their lease period or one hundred eighty days from the date of receipt of notification of intent to convert, whichever is greater. D. No increase in rents. A tenant's rent shall not be increased during the one hundred eighty day period provided in subsection C of this section. E. Notice to n ts. After submittal of the tentative map,prospective tenants shall be given a written no 'c o n nt convert prior to leasing or renting any uni . it Of,owrkr Marcus . Zi ses Dregs Plantes, Tenant Date: Date: �'�7 •�y� Jennifer S Ziedses Des Plantes,Tenant Date: $ /I N lel �:L 3 -2�1n i ATTACHMENT TENANT NOTIFICATION Prior to leasing 3048 Rockview Place Bruce P. and Susan C. Townsend acknowledge that they have been informed that a condo subdivision has been submitted to the city of San Luis Obispo for approval and that the units may be for sale sometime in the future. A. Notice of intent to convert. Pursuant to Section 17.82.080 of the City Development Standards, I am providing the following information: Owner: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 Subdivider: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 B. Tenant's ri h� t to purchase. Pursuant to Government Code Section 66427.1 (d), applicant shall give any present tenant a.nontransferable right of first refusal to purchase the unit occupied.This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of units. Each non purchasing tenant not in default under the provisions of the rental agreement or lease under which he occupies his unit, shall have the right to remain to the end of their lease period or one hundred eighty days from the date of receipt of notification of intent to convert, whichever is greater. D. No increase in rents. A tenant's rent shall not be increased during the one hundred eighty day period provided in subsection C of this section. E.Notice to new tenants. After sub ' al of the tentative map,prosgeave tenants shall be given a written notice/of intent t e "onto leasing or renting aqi it. 1 John Rl. MitcYte , own t� T pant Date: Z7i G� Date: lam, Tenant Date: - o 3`211 ATTACHMENT TENANT NOTIFICATION Prior to leasing 3051 Rockview Place, Chad Engelskirger and Nola Snowbarger acknowledge that they have been informed that a condo subdivision has been submitted to the city of San Luis Obispo for approval and that the units may be for sale sometime in the future. A. Notice of intent to convert. Pursuant to Section 17.82.080 of the City Development Standards, I am providing the following information: Owner: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 Subdivider: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 B. Tenant's right to purchase..Pursuant to Government Code Section 66427.1 (d), applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of units. Each non purchasing tenant not in default under the provisions of the rental agreement or lease under which he occupies his unit, shall have the right to remain to the end of their lease period or one hundred eighty days from the date of receipt of notification of intent to convert, whichever is greater. D. No increase in rents. A tenant's rent shall not be increased during the one hundred eighty day period provided in subsection C of this section. E. Notice to n to . After submittal of the tentative map,prospective tenants shall be given a writ n ti of' nt to convert prior to leasing or renting any u 't. Mi hell, o r Chad Engelskirger, tenant Date: 7 3 �'Z _ Date: Nola Snowbarger —Y— Date: ATTACHMENT �p TENANT NOTIFICATION Prior to leasing 3053 Rockview Place, Edward N. Cyr and Raydeen Eckberg acknowledge that they have been informed that a condo subdivision has been submitted to the city of San Luis Obispo for approval and that the units may be for sale sometime in the future. A. Notice of intent to convert. Pursuant to Section 17.82.080 of the City Development Standards, I am providing the following information: Owner: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 Subdivider: John R. Mitchell 3211 Broad St., Suite 205 San Luis Obispo, CA 93401 B. Tenant's right to purchase. Pursuant to Government Code Section 66427.1 (d), applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of units. Each non purchasing tenant not in default under the provisions of the rental agreement or lease under which he occupies his unit,shall have the right to remain to the end of their lease period or one hundred eighty days from the date of receipt of notification of intent to convert, whichever is greater. D. No increase in rents. A tenant's rent shall not be increased during the one hundred eighty day period provided ' subsection C of this section. E. Notice to new .After submittal of the tentative map,prospective tenants shall be given a writte e of in t to convert prior to leasing or renting any unit. n i e ,ow r Edward N. Cyr,tenant Date: 7 /5 •D 2 Date: ZU Z Raydd n L.Eckberg, tenant Date: 7" 2 L - d Z Chapter 17.82 r Attachment 7 RESIDENTIAL CONDOMINIUM DEVELOPMENT AND CONVERSION Sections: 17.83..010 Purpose and intent. 17.82:020 Definitions. 17.82.030 Applicability of other laws. 17.82.040 Provisions to govern condominium conversion projects. 17.82.050 Application requirements. 17.82.060 Acceptance of report. 17.82.070 Copy of reports to buyers. 17.82.080 Tenant provisions. 17.82.090 Hearing-Notification. 17.82.100 Application-Required findings. 17.82.110 Property improvement standards for condominium conversions. 17.82.120 Conversion limit procedure. 17.82.130 New project regulations - Standards to govern. 17.82.140 Property improvement standards for new condominium projects. 17.82.150 Affordable housing requirements. 17.82.160 Exceptions. 17.82.010 Purpose and intent. Condominiums, community apartments and stock cooperatives provide for ownership of separate dwellings, or equity coupled with a right of exclusive occupancy, as well as common areas within multiple-family housing normally managed and maintained by an owner's association. This mix of individual and common ownership and the potential problems of converting existing apartments make special regulations necessary. The city has determined that condominiums differ from apartments in some respects and, for the benefit of public health, safety and welfare, such projects should be treated differently from apartments. These regulations are intended to: A. Establish requirements and procedures for the conversion of existing rental housing to residential condominiums and other forms of occupant ownership; B. Provide for compliance with the housing element of the general plan; C. Assure that purchasers of converted apartments are aware of the condition of the structure which is offered for purchase; D. Provide design and property improvement standards for condominium projects, both new and converted; E. Minimize the loss of affordable housing stock as a result of condominium conversions. (Ord. 984 § 2(part), 1983: prior code § 9850; Ord. 1315 § 2, 1996) 17.82.020 Definitions. The following words and phrases shall have the indicated meanings: A. "Applicant" means the owner of real property proposed to be subdivided, or his authorized representative. B. "Affordable housing" means housing which rents or sells at prices which conform to the City's "Affordable Housing Standards" issued by the Community Development Director, as provided by SLOMC 17.90.090. C. "Community apartment" means an apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. For the purposes of this chapter, community apartments will be subject to the same regulations as condominium projects. D. "Condominium conversion" means the conversion of property from occupancy under its existing tenancies or estates to occupancy under condominium, community apartment or stock cooperative interests. E. "Condominium project" means the entire parcel of real property, including all structures thereon, subdivided or to be subdivided for the purpose of constructing or converting existing structures to condominium units. F. "Design."Design of a project shall include: 1. Driveway location, grades and widths; 2. Drainage and utilities, including size, alignments and grades thereof; 3. Location and size of all required easements and rights-of-way; 4. Fire protection devices; 5. Lot size and configuration; 6. Traffic access; 01998 Code Publishing, Inc. Page I 3 -3.� 7. Parking; �TTA�6iMEiVT . 8. Land to be dedicated for park or recreational purposes; 9. Landscaping; 10. Structures; and 11. Other specific requirements in the plan and configuration of the entire project as may be necessary or desirable to insure conformity to or implementation of the general plan or any adopted specific plan. G. "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. For the purposes of this chapter, stock cooperatives will be subject to the same regulations as condominium projects. (Ord. 984 § 2 (part), 1983: prior code §§ 9851; 1315 § 2, 1996) 17.82.030 Applicability of other laws. All condominium projects shall be subject to all applicable provisions of the Subdivision Map Act and Titles 15,16 and 17 of this code,and all other applicable state and local laws and ordinances. (Ord. 984 § 2 (part), 1983: prior code § 9852; Ord. 1315 § 2, 1996) 17.82.040 Provisions to govern condominium conversion projects. The procedures and standards contained in this chapter shall govern condominium projects. (Ord. 984 § 2 (part), 1983: prior code § 9853; Ord. 1315 § 2, 1996) 17.82.050 Application requirements. The following shall be provided at the time of application for condominium conversion: A. Property condition report. The application shall be accompanied by a property condition report including at least the following: 1. A report detailing the condition of all elements of the property including foundations, ventilation, utilities, walls, roofs, windows, mechanical equipment, appliances which will be sold with the units, common facilities and parking areas. The report shall state, to the best knowledge of the applicant, and for each element: the date of construction, the condition, the expected useful life, the cost of replacement, and any variations from the zoning regulations in effect when the last building permit was issued for the subject structure(s). The report shall identify all defective or unsafe elements or those which may impair use and enjoyment of the property, and explain the proposed corrective measures to be used. The report shall be prepared by or under the supervision of a registered civil or structural engineer, licensed general contractor or architect; 2. A report from a licensed pest-control operator describing in detail the presence and effects of any wood-destroying organisms; 3. A report of any known soil or geological problems. Reference shall be made to any previous soil reports for the site. B. Site plan. The application shall be accompanied by a site plan which shall include at least the following: 1. The location, number of stories, number of all dwellings, andproposed uses for each structure to remain and for each proposed new structure; 2. The location, use and type of surfacing for all open storage areas; 3. The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts; 4. The location, height and type of materials for walls or fences; 5. The location of all landscaped areas, the type of landscaping, method of irrigation, and a statement specifying private or common maintenance; 6. The location and description of all recreational facilities; 7. The location, size and number of parking spaces to be used in conjunction with each unit; 8. The Iodation, type, and size of all drainage pipes and structures; 9. Existing contours, building pad elevations and percent slope for all driveways and parking areas. C. Evidence of delivery of notice of intent to convert. The application shall be accompanied by signed copies from each tenant of the notice of intent to convert as specified in Section 17.82.080A.. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. D. Other information. The application shall be accompanied by any other information which in the opinion of the director of community development will assist in determining whether the proposed project will be consistent with the purposes of these regulations. (Ord. 984 § 2 (part), 1983: prior code § 9853.1; ©1998 Code Publishing, Inc. Page 2 3- 3► Ord. 1315 § 2, 1996) A ATTACHMENTI 17.82.060 Acceptance of report. The community development director shall establish the final form of the reports required by Section 17.82.050. Approved reports shall remain on file with the community development department for review by interested persons. (Ord. 984 § 2 (part), 1983: prior code § 9853.2; Ord. 1316 § 2,, 1996) 17.82.070 Copy of reports to buyers. Each prospective purchaser shall be provided with a copy of all reports in their final form, except the signed notices of intent to convert, prior to entering escrow. Copies of the report shall be available at the sales office and the project site. (Ord. 984 § 2 (part), 1983: prior code § 9853.3; Ord. 1315 § 2, 1996) 17.82.080 Tenant provisions. A. Notice of intent to convert. Applicant shall give each tenant a written notice of intent to convert at least one hundred eighty days before termination of tenancy due to conversion. The notice shall contain at least the following: 1. Name and address of current owner; 2. Name and address of proposed subdivider; 3. Approximate date on which the unit is to be vacated by non pure hasing.tenants; 4. Tenant's right to purchase; 5. Statement of no rent increase; and statement of proposed sales prices and terms.. B. Tenant's right to purchase. Pursuant to Government Code Section 66427.1(d), applicant shall.give any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. C. Vacation of units. Each nonpurchasing tenant not in default under the provisions of the rental agreement or lease under 'which he occupies his unit, shall have the right to remain not less than one hundred eighty days from the date of receipt of notification of intent to convert. D. No increase in rents. A tenant's "rent shall not be increased during the one hundred eighty day period provided in subsection C of this section. E. Notice to new tenants. 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. (Ord. 984 § 2 (part), 1983: prior code § 9853.4; Ord. 1315 § 2, 1996) 17.82.090 Hearing- Notification. Prior to acting on applications, the planning commission and council shall each hold a public hearing, notice of which shall be given tenants of the proposed conversion and posted on the property at least ten days beforehand. (Ord. 984 § 2 (part), 1983: prior code § 9853; Ord. 1315 § 2, 1996) 17.82.100 Application- Required findings. An application for condominium conversion shall not be approved until these findings are made: A. All provisions of these regulations have been or will be met; B. The proposed conversion is consistent with the general plan; C. That there exist facts adequate to support the findings required under Sections 66473.5 and 66474 of the Government Code; D. That: (1)affordable housing units at risk will be offered at rents or sales prices affordable to low-or moderate-income persons, or (2) an equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project; or that low- or moderate-income persons will not be displaced by the proposed conversion. (Ord. 984 § 2 (part), 1983: prior code § 9853.6; Ord. 1315 § 2, 1996) 17.82.110 Property improvement standards for condominium conversions. A. Building and zoning regulations. Conversion projects shall substantially comply with the city's building and housing codes and zoning regulations in effect on the date the conversion project is approved. B. Fire safety. 1. Smoke detectors. Each living unit shall be provided with approved smoke detectors mounted on the ceiling or wall at a point centrally located in the area giving access to rooms used for sleeping purposes. C. Fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be maintained in operable condition at all times and shall comply with current city standards. D. Utility metering. The consumption of gas, electricity and water within each unit shall be separately 01998 Code Publishing, Inc. Page 3 3 -33 metered and there shall be�' it breakers and shutoff valves for each u f ATTACHMENT� E. Storage. Each dwelling unit shall have provision for at least two undred 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. F. 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 fraction thereof G. Parking. The number of parking spaces shall be as provided in the zoning regulations. Spaces for the exclusive use of occupants of each unit shall be so marked. Visitor parking and special stopping zones, if any, shall also be marked. H. Refurbishing and restoration. All structures, common areas, sidewalks, driveways, landscaped areas and facilities, if defective, shall be refurbished and restored to a safe and usable condition. All deficiencies shall be corrected prior to recordation of a final map. I. Minimum project size. Condominium conversion shall not be allowed for projects consisting of less than ten residential units. J. Private open space. There shall be provided with each unit a minimum of two hundred fifty square feet of qualifying private open space for projects in the R-1 or R-2 zones, and a minimum of one hundred square feet for projects in the R-3 or R-4 zones. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck and must be located outside the street yard required by the zoning regulations. K. Common open space. There shall be provided in each project a minimum of one hundred square feet of qualifying common open space per unit for projects in the R-3 or R-4 zones. To qualify,open space shall have a minimum dimension in every dimension of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the street yard required by zoning regulations. Common open space need not be located with each unit. There is no minimum common open space requirement for projects in the R-I and R-2 zones. L. Total open space. There shall be provided in each project a minimum of one thousand square feet per unit of qualifying private and common open space for projects in the R-1 zone, seven hundred fifty square feet per unit for projects in the R-2 zone, and four hundred square feet per unit for projects in the R-3 or R-4 zones. M. Common recreation facilities. There shall be provided in each project in the R-3 or R-4 zones a minimum of twenty square feet per unit of common indoor recreation facilities, or forty square feet per unit of improved outdoor recreation facilities. Common recreation facilities shall be available for, and limited to, the use of the project's tenants and their guests. Common recreation facilities must be located outside the street yard required by zoning regulations. N. Open space and recreation facilities in nonresidential zones. Requirements for open space and recreational facilities for projects in nonresidential zones shall be set by the council at the time the project is reviewed. O. Installation of clotheslines. 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 § 9853.7; Ord. 1315 § 2, 1996) 17.82.120 Conversion limit procedure. A. Annual limit. The city shall not approve conversion projects in any one calendar year resulting in more units being converted than one-half the number of multi-family rental dwellings added to the city's housing stock during the preceding year. The number of multi-family rental units added in one year shall be determined as follows: From January 1st through December 31st, the total number of multi-family rental units given a final building inspection and occupancy permit minus the number of such units demolished, removed from the city, or converted nonresidential use. B. Filing period. Applications for conversion may be filed during the month of January and February only. No action shall be taken on applications during this period. C. Project ranking. 1. If applications on file at the end of the filing period would, when approved, convert more dwelling units than allowed under subsection A of this section, the planning commission shall rank the applications according to the following criteria: a. The fractions of tenants not objecting to conversion; b. Time given tenants to relocate, in addition to the minimum requirement; c. Credit of tenants' rent or deposits toward purchase price; d. Provision of individual open space with each dwelling; e. Provision of additional storage space beyond minimum requirement; f. Provision of additional parking beyond minimum requirement; g. Provision of additional open space or recreation facilities beyond minimum requirement; ©1998 Code Publishing, Inc. Page 4 3-33 h. Provision of, ` ;which low-income and moderate-incor. Lilies can aff TACHMENT-- i. Provision of sour' water heating or equivalent energy savings 2. The planning commission's evaluation shall be a recommendation to the council, which may act on conversion projects based on its own findings, within the numerical limits established under subsection A of this section. D. Time limits for actions. The results of the planning commission's evaluation shall be transmitted to the council by April 1st. The council shall approve, approve subject to conditions, or deny each conversion application by May Ist. if the applications on file at the end of the filing period would not exceed the year's limit, they shall be forwarded directly to the council, which shall act on the applications by April 1 st. E. Maps. Maps required by the California Subdivision Map Act need not be prepared until an application for conversion has been approved. Maps shall be processed as provided in the city's subdivision regulations set out in Title 16 of this code. The tentative map application shall be accompanied by the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and contracts for the maintenance, management or operation of any part of the condominium conversion project, which would be applied on behalf of any and all owners of the condominium units within the project. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the city consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, an estimate of initial fees anticipated for such maintenance, an indication of responsibilities for maintenance of all utility lines and services for each unit. The covenants, conditions and restrictions document shall include a reference to attached, updated property condition report. (Ord. 984 § 2 (part), 1983: prior code § 9853.8; Ord. 1315 § 2, 1996) 17.82.130 New project regulations-Standards to govern. The standards contained in Section 17.82.140 shall govern new condominium projects. (Ord. 984 § 2 (part), 1983: prior code § 9854; Ord. 1315 § 2, 1996) 17.82.140 Property improvement standards for new condominium projects. A. Private Open Space. There shall be provided with each unit a minimum of two hundred fifty square feet of qualifying private open space for projects in the R-I or R-2 zones, and a minimum of one hundred square feet for projects in the R-3 or R-4 zones. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the street yard required by zoning regulations. B. Common open space. There shall be provided in each project a minimum of one hundred square feet of qualifying open space per unit for projects in the R-3 or R-4 zones. To qualify, open space shall have a minimum dimension in every direction of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be . located outside the street yard required by zoning regulations. Common open space need not be located with each unit. There is no minimum common open space requirement for projects in the R-1 and R-2 zones. C. Total open space. There shall be provided in each project a minimum of one thousand square feet per unit of qualifying private and common open space for projects in the R-1 zone, seven hundred fifty square feet per unit for projects in the R-2 zone, and four hundred square feet per unit for projects in the R-3 or R-4 zones. D. Common recreation facilities. There shall be provided in each project in the R-3 or R-4 zones a minimum of twenty square feet per unit of common indoor recreation facilities, or forty square feet per unit of improved outdoor recreation facilities. Common recreation facilities shall be available for, and limited to, the use of the project's tenants and their guests. Common recreation facilities must be located outside the street yard required by zoning regulations. E. Open space and recreation facilities in nonresidential zones. Requirements for open space and recreational facilities for projects in nonresidential zones shall beset 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 fraction thereof. H. Energy conservation. 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 01998 Code Publishing, Inc. Page 5 3 -3� ATTACHM equivalent energy savings )e obtained by other means. Tenants sh. be prohibited from insta mg clotheslines in private open areas which are substantially screened frocommon view. (Ord. 984 § 2 (part), 1983: prior code § 9854.1; Ord. 1315 § 2, 1996) 17.82.150 Affordable Housing Requirements. Developers of condominium conversion projects shall prevent the displacement of low and/or moderate-income persons by: 1. Offering to sell converted units to lower moderate-income tenants at risk of displacement, at prices which meet the city's affordable housing standards. This offer shall run concurrently with the first right of refusal period described in Section 17.82.080(B) above; or 2. Including affordable rent guarantees, such as deed restrictions, as a condition of project approval. Such guarantees shall enable low- and moderate-income households; at their option, to continue renting their unit, after conversion, for a specified period to be negotiated by the developer and City prior to occupancy, but not less than three(3)years; or 3. Providing an equivalent number of off-site, affordable housing for the low-or moderate-income households at risk of displacement, either by: a) remodeling or converting vacant, substandard or nonconforming buildings or uses within the City; or by: b) building new units within the City. New or remodeled units shall be comparable in size and amenities to the converted condominium units; or 4. Paying an in-lieu housing fee, to the approval of the City Council. (Ord. 1315 § 2, 1996) 17.82.160 Exceptions. Upon request by a subdivider, the council may approve exceptions to property improvement standards and/or affordable housing requirements for condominium conversion projects. The nature of the exception shall be described in public notices for council hearing on the condominium map. The council may act on the request only after a public hearing. In order to approve an exception for other than the affordable housing requirement,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 C. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. For exceptions to the affordable housing requirement, the Council must only find that: D. The project will not materially reduce the City's affordable housing stock and will not displace low- or moderate-income households. (Ord. 052 § 2, 1985; Ord. 984 § 2 (part), 1983: prior code§ 9855; Ord. 1315 § 2, 1996) m1998 Code Publishing, Inc. Page 6 3. 35 ;j Attachment 8 City of San LUIS OBISpo INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Minor Subdivision TR/ER 43-02 2. Lead Agency Name and Address: City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Philip Dunsmore (805) 781-7522 4. Project Location: 3045 Rockview Place, San Luis Obispo, CA 93401 5. Project Sponsor's Name and Address: John Mitchell, 3211 Broad Street, San Luis Obispo, CA 93401 6. General Plan Designation: Medium Density Residential 7. Zoning: R-2-S; Medium Density Residential 8.. Description of the Project: Request to divide one parcel into a five-parcel condominium subdivision. The project will include 4 air space condominium residences and one common lot that will include a 7,828-hillside common open space area and a common driveway. The project was originally designed, and has already been 95% completed, as an apartment project. Prior to completion of the project the owner has decided to subdivide the property into condominiums. The project is not considered a "Condominium Conversion" since the units are not yet completed or occupied. Approval of the condominium subdivision will require an exception to the City condominium standards that require minimum dimensions for private outdoor open space. 9. Project Entitlements Requested: Approval of a condominium subdivision. 10. Surrounding Land Uses and Settings: The project site is bounded by Rockview Place to the east, by residences to the north and south and by hillside open space to the west. The property is a deep, narrow, rectangular lot and encompasses 21,994 square feet. The site slopes up to the west at approximately 12 to 15 %, increasing in slope at the rear (west) side of the property. The property contains four single-family residences, and a paved driveway and parking areas that are nearing completion of construction. The lower portion of the site outside of the open space easement contains no significant trees or vegetation. The upper hillside area within the open space easement area contains native grassland with occasional rock outcroppings. 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None. 23--PAP TACHNIEJ Issues, Discussion and Support [formation Sources Sources Pc y Potentially Less Than No Sign...�itt Significant Significant Impact [slues Unless pct ER #43-02 Mitigation Inco rated ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages. Aesthetics Geology/Soils Public Services Agricultural Resources Hazards&Hazardous Recreation Materials Air Quality Hydrology/WaterQuality Transportation&Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and Housing _ - Resources FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). 3-3") Issues, Discussion and Suppoh i iformation Sources Sources Pd y Potefi?iaW o Sigl... Ott Significant Significant Impact ER#43-02 Issues Unless Impact Mitigation Incorporated DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and X a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant' impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. May 30,2002 tgnature. Date Ronald Whisenand Deputy Director of Community Development For: John Mandeville,Community Development Director Printed Name 3� � u To Issues, Discussion and Support iformation Sources Sources Pt y Potentially Less Than o Sigm..cant Significant Significant Impact ER #43-02 Issues Unless Impact Mitigation Incorporated EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17,"Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where,pursuant to the tiering, program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Administrators Code. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.. 7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 3- �9 ATTACHMI8 Issues, Discussion and Support,, tformation Sources Sources Pc y Potentially Less Than No Sigi. .-ant Significant Significant Impact ER#43-02 issues Unless Impact Mitigation Incorporated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources,including,but not limited X to,trees,rock outcroppings,open space,and historic buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or quality of X the site and its surroundings? d) Create a new source of substantial light or glare which would X adversely effect day or nighttime views in the area? The subject property is currently surrounded by urban uses and is not within a vista. Broad Street, otherwise known as Highway 227 is considered a scenic corridor as noted within the City's Circulation Element. Although the project site is not located on Broad Street, it is located on a nearby street(Rockview Place) that runs parallel to Broad Street near the project site. The project site and its existing development is not visible from the scenic corridor,however the upper portions of the property that are within an open space easement are visible. Since the open space portion of the property will remain in open space with the proposed subdivision, no impacts to the scenic corridor are anticipated. The property is adjacent to City Open Space property, however the existing apartment units do not encroach into the open space corridor. No construction or physical site changes would occur as a result of this subdivision since the project has already been substantially constructed as an apartment project. The proposed project will only create individual ownership and airspace condominiums at a location that is already constructed and originally proposed for use as apartments. Subdivision and independent ownership of the property will not result in aesthetic changes to the property or surrounding properties. CONCLUSION: Less than significant. 2.AGRICULTURE RESOURCES. Would theproject: a) Convert Prime Farmland,Unique Farmland,or Farmland of X Statewide Importance(Farmland),as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use,or a X Williamson Act contract? c) Involve other changes in the existing environment which,due to X their location or nature,could result in conversion of Farmland, to non-agricultural use? The project is located on a site that is not considered prime farmland, or farmland of unique or statewide importance as indicated on City maintained maps created pursuant to the to the Farmland Mapping and Monitoring Program of the California Resources Agency. The site is too small to be considered important farmland and furthermore is surrounded by developed urbanized uses. This project proposal is a request to subdivide existing (nearly completed) residences on the property and will not result in additional construction or entitlements. CONCLUSION: No impacts. 3. AIR QUALITY. Would theproject: a) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? b) Conflict with or obstruct implementation of the applicable air X quality plan? c) Expose sensitive receptors to substantial pollutant X concentrations? d) Create objectionable odors affecting a substantial number of X people? e) Result in a cumulatively considerable net increase of any criteria X -3-46 ATTAr "CRI . T Issues, Discussion and Support\ iformation Sources Sources Po y Potentially Less Than o Sig,. 4m Significant Significant Impact Issues Unless Impact ER #43-02 Mitigation Incorporated pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozoneprecursors)? The Air Quality Handbook finds that a project that produces 10 pounds a day of emissions will have a significant effect on air quality. The construction of 35 homes may result in the production of 10 pounds of emissions per day. The proposed project will not introduce additional homes to the site, however 4 nearly completed apartments will be subdivided into airspace condos, allowing individual ownership of each unit on the site. It is anticipated that less than significant air quality impacts may result from the four new residences and an access road. As proposed, the subdivision of the site into a condominium plan instead of an apartment is not likely to produce additional air quality impacts. CONCLUSION: No impact. 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or indirectly or X through habitat modifications, on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies, or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect,on any riparian habitat or X other sensitive natural community identified in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting X biological resources,such as a tree preservation policy or ordinance(e.g.Heritage Trees)? d) Interfere substantially with the movement of any native resident X or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of wildlife nursery sites? e) Conflict with the provisions of an adopted habitat Conservation X Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservation plan? f) Have a substantial adverse effect on Federally protected X wetlands as defined in Section 404 of the Clean Water Act (including,but not limited to,marshes,vernal pools,etc.) through direct removal,filling,hydrological interruption,or other means? The subject property is not adjacent to, nor does it contain any creekways, significant drainage courses or known habitat areas. The project site is adjacent to City Open Space, however the existing construction does not encroach into the open space area, nor will the proposed subdivision alter the proposed pattern of construction. The project site is near completion of construction of 4 residences and approval of this subdivision will not entitle any physical alteration to the project site nor allow additional entitlement. Since the project will not physically alter the site, no impacts to biological resources are anticipated as a result of subdividing the existing apartments into condominiums. CONCLUSION: No impact. 5.CULTURAL RESOURCES. Would theproject: a) Cause a substantial adverse change in the significance of a X historic resource?(See CEQA Guidelines 15064.5) b) Cause a substantial adverse change in the significance of an X archeological resource?(See CEQA Guidelines 15064.5) .c) Directly or indirectly destroy a unique paleontological resource X 3- 4t Issues, Discussion and Support _ .formation Sources Sources Po Potenti. Ao Sigt.. .ant Significant Significant Itn t ER #43-02 Issues Unless Impact Mitigation Inco rated or site or unique geologic feature? d) Disturb any human remains,including those interred outside of X formal cemeteries? No known historic or cultural resources exist within the property or project vicinity. The existing property does not contain any historic or prehistoric archeological resources as identified on City maintained resource maps. No known archeological resources exist within the project vicinity and the property is not located near any creeks (concentrations of archeological sites are frequently adjacent to creeks). The property is already in the final stages of development and contains 4 apartment structures that will not be modified in any way with the proposed subdivision. The proposed subdivision will not allow additional entitlements or new construction on the property. No impacts to cultural resources are anticipated with the proposed subdivision. CONCLUSION: No impacts. 6. ENERGY AND MINERAL RESOURCES. Would the ro'ect: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient X manner? c) Result in the loss of availability of a known mineral resource X that would be of value to the region and the residents of the State? The project is consistent with the City's Energy Element which encourages concentrations of residences close to concentrations of employment. The housing will be an infill project surrounded by existing urban development, thereby reducing energy impacts that could be created by placing additional housing further from existing development. No known mineral resources exist within the project vicinity. Furthermore, this project is the subdivision of an existing apartment project, so no additional entitlements will be allowed with approval of the subdivision. No impacts to energy and mineral resources are anticipated with the proposed project. CONCLUSION: No impacts. 7. GEOLOGY AND SOILS Would theproject: a) Expose people or structures to potential substantial adverse effects,including risk of loss,injury or death involving: I. Rupture of a known earthquake fault,as delineated in the X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area,or based on other substantial evidence of a known fault? H. Strong seismic ground shaking? X M. Seismic related ground-failure,including liquefaction? X IV. Landslides or mudflows? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that X would become unstable as a result of the project,and potentially result in on or off site landslides,lateral spreading,subsidance, liquefaction,or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of the X Uniform Building Code(1994),creating substantial risks to life or property? This project has already been substantially constructed with an approved City building permit. Construction standards and building code requirements required a preliminary geotechnical investigation to ensure adequate foundation materials and construction criteria. Subdivision of this property will not result in additional construction or any impacts resulting from existing geologic conditions. 3.4a ATTACHMENTS Issues, Discussion and Support iformation Sources Sources Pcy Potentially Less Than No Sigt, t Significant Significant Impact ER#43-02 Issues Unless Impact Mitigation Incorporated CONCLUSION:No Impact- 8. m act.8. HAZARDS AND HAZARDOUS MATERIALS. Would the pr Ject: a) Create a significant hazard to the public or the environment X though the routine use,transport or disposal of hazardous materials? b) Create a significant hazard to the public or the environment X through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials,substances,or waste within one-quarter mile of an existing or proposed school? d) Expose people or structures to existing sources of hazardous X emissions or hazardous or acutely hazardous materials, substances,or waste? e) Be located on a site which is included on a list of hazardous X materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,it would create a significant hazard to the public or the environment? f) For a project located within an airport land use plan,or within X two miles of a public airport,would the project result in a safety hazard for the people residing or working in the project area? g) Impair implementation of,or physically interfere with,the X adopted emergency response plan or emergency evacuation per? h) Expose people or structures to a significant risk of lose,injury, X or death,involving wildland fires,including where wildlands are adjacent to urbanized areas or where residents are intermixed with wildlands? The project proposal does not involve hazardous materials or hazardous conditions. The new lots will not result in additional construction or result in the potential to create additional hazards since the residences are already constructed. CONCLUSION: No Impact. 9. HYDROLOGY AND WATER QUALITY. Would the ro'ect: a) Violate any water quality standards or waste discharge X requirements? b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(eg.The production rate of preexisting nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? c) Create or contribute runoff water that would exceed the capacity X of existing or planned storm-water drainage systems or provide substantial additional sources of polluted runoff. d) Substantially alter the existing drainage pattern of the site or X area in a manner that would result in substantial erosion or siltation onsite or offsite? e) Substantially alter the existing drainage pattern of the site or X area in a manner which would result in substantial flooding onsite or offsite? 3 - 43 Issues, Discussion and Suppon iformation Sources Sources Piy Potentially Less Than No Sig,...,1ant Significant Significant Impact ER #43-02 Issues Unless Impact Mitigation Incorporated f) Place housing within a 100-year flood hazard area as mapped on X a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which X would impede or redirect flood flows? h Otherwise substantially degrade water quality? X The existing project site slopes at approximately 15% down towards Rockview Place. The project site is not within a flood zone, and does not contain significant drainage courses or creekways. The project will ultimately result in the completion of four new residences, parking areas and a single access driveway. The existing drainage pattern of the site will not be modified with proposed subdivision of the property,existing property improvements will accommodate all drainage. CONCLUSION: No on site drainage impacts are anticipated as a result of the proposed subdivision. 10. LAND USE AND PLANNING- Would theproject: a) Conflict with applicable land use plan, policy, or regulation of X an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? b) Physically divide an established community? X c) Conflict with any applicable habitat conservation plan or natural X community conservationplans? The project proposal complies with all provisions of the General Plan Land Use Element. The proposed subdivision would create 5 lots from 1 existing lot that currently contains 4 apartment units that are in a final phase of construction. Subdivision of the property into a 4 unit condominium project will result in 4 airspace units and 1 common lot that will also contain 17, 000 square feet of hillside open space. The resulting subdivision is not a conversion and therefore will not displace existing residents or create a loss of affordable housing. Subdivision of the property will require an exception to the condominium standards that require a minimum dimension for private open space for each unit. Condominium standards require a dimension of 10 feet in every direction for qualifying private open space. Although each unit will have the required amount of open space, 3 of the units do not have the required minimum dimensions. The proposed exception to the City Condominium Standards, Chapter 17.82 of the San Luis Obispo Municipal Code, will allow a 6.3-foot width for a portion of required private open space, where a 10-foot width is normally required (only I yard will have a minimum width of 6.3 feet, the other two exceptions requests consist of 8 and 9 feet widths). The reduced yard space will not reduce the ability to avoid or mitigate an environmental effect and the existing apartment units are already constructed as functional units. The proposed lots will meet all additional subdivision requirements for a new condominium project. CONCLUSION: Less than significant. Exceptions associated with this subdivision proposal are an issue of private, on site amenities for private residences, not an issue of neighborhood compatibility similar environmental effects. If not subdivided the property will be occupied as it is developed with yards that do not meet the condominium standards. Since each property contains the amount of private open space that is required, the decrease in width for three of the units will not be a significant impact to future residents. 11.NOISE. Would the project result in: a) Exposure of people to or generation of"unacceptable"noise X levels as defined by the San Luis Obispo General Plan Noise Element,or general noise levels in excess of standards established in the Noise Ordinance? b) A substantial temporary,periodic,or permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? c) Exposure of persons to or generation of excessive groundborne I X 3.44 Issues, Discussion and Suppor, iformation Sources Sources Pt y Potentially s Signmttant Significant Significant Impact ER #43-02 Issues Unless Impact Mitigation Incorporated vibration or groundborne noise levels? d) For a project located within an airport land use plan,or within X two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? The proposed project is outside areas identified as "unacceptable" noise level areas as defined by the General Plan Noise Element. The project will ultimately result in the completion of four new residences subdivided as condominiums with a shared open space and common area. Since the structures are already substantially completed as an apartment project, conversion to condominiums will not alter the potential for increased noise exposure or generation of increased noise levels. CONCLUSION: No impact. 12. POPULATION AND HOUSING. Would theproject: a) Induce substantial population growth in an area, either directly X (for example by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing or people X necessitating the construction of replacement housing elsewhere? The project will allow apartment units currently under construction to be subdivided into airspace condominiums.The project will create the opportunity for individual ownership and occupancy of 4 new residences. Since the property is not currently leased or rented and the units are not occupied, no existing tenants will be displaced and no rental housing stock would be lost. Affordability or occupancy of the units is not expected to change due to subdivision of the property. The project is consistent with Land Use and Housing Element policies encouraging a variety of housing types, efficient infill development, and compact urban form. Since it is not known whether the units will be owner occupied or rented following approval of a condominium subdivision,the potential loss of rental stock cannot be considered with this project. CONCLUSION: Less than significant. Since the subdivision will not displace residents, eliminate affordable housing stock,or introduce substantial population growth to the vicinity, impacts resulting from the proposal are less than significant. 13.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision,or need,of new or physically altered government facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times,or other performance objectives for any of the public services: a) Fire protection? X b) Police protection? X c) Schools? X d) Parks? X e) Roads and other transportation infrastructure? X f) Other public facilities? X The project has already been developed in consideration of existing public services. Utilities and road improvements were incorporated into the project as it is currently constructed. The subdivision of 4 existing residential units is not anticipated to create additional impacts to public services. CONCLUSION: The change from a single property 4-unit apartment project to a 4-unit condominium project is not anticipated to impact public services. 14.RECREATION. Would theproject: a) Increase the use of existing neighborhood or regional parks or X other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or X 3-�s ATT "EN Issues, Discussion and Support iformation Sources Sources Pc y Potentially Less Than 7 8 Sigm.el�t Significant Significant Impact ER #43 02 Issues Unless Impact Mitigation Incorporated expansion of recreational facilities,which might have an adverse physical effect on the environment? The condominium project is not likely to create significant impacts to recreation services in the City since the 4 units would be occupied in a similar fashion if the property were not subdivided. Final approval of the new lots will also be subject to impact fees designed to support park acquisition(Quimby fees). CONCLUSION: No impact. 15. TRANSPORTATION/TRAFFIC. Would the ro'ect: a) Cause an increase in traffic which is substantial in relation to the X existing traffic load and capacity of the street.system? b) Exceed,either individually or cumulatively,a level of service X standard established by the county congestion management agency for designated roads and highways? c) Substantially increase hazards due to design features(e.g.sharp X curves or dangerous intersections)or incompatible uses(e.g. farm equipment)? d) Result in inadequate emergency access? X e) Result in inadequate parking capacity onsite or offsite? X f) Conflict with adopted policies supporting alternative X transportation(e.g. bus turnouts,bicycle racks)? g) Conflict with the with San Luis Obispo County Airport Land X Use Plan resulting in substantial safety risks from hazards,noise, or a chane in air trafficpatterns? A single access driveway that intersects with Rockview Place serves the property. The project was developed in accordance with current City standards as required by the City Fire Department, Public Works Department and Building Department. No construction or physical site changes would occur as a result of this subdivision since the project has already been constructed as an apartment project. The proposed project will only create individual ownership and airspace condominiums at a location that is already constructed and originally proposed for use as apartments. Subdivision and independent ownership of the property will not result in traffic or circulation changes to the property or surrounding properties. CONCLUSION: No impact. 16.UTILITIES AND SERVICE SYSTEMS. Would theproject: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? b) Require or result in the construction or expansion of new water X treatment,wasterwater treatment,or storm drainage facilities, the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the project X from existing entitlements and resources,or are new and expanded water resources needed? d) Result in a determination by the wastewater treatment provider X which serves or may serve the project that it has adequate capacity to serve the project's projected demand and addition to the provider's existing commitment? e) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? f) Comply with federal,state,and local statutes and regulations X related to solid waste? The project was constructed with individual utilities serving each of the 4 apartment units. Subdivision of the properties, 3-L6 Al [ACHMENTS Issues, Discussion and Support iformation Sources Sources Pt y Potentially less Than No sig..�nt Significant Significant Impact ER #43-02 Issues Mitigationit atIpact Incorporated allowing individual ownership, will not alter the existing utilities and service systems. Occupancy of the 4 new residences will not result in the need for additional water sources or wastewater facility capacities. For new construction, a water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate,and does so on a"first-come, first-served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid.Water allocations have already been allocated to the 4 residences at this property,and approval of a condominium subdivision will not create the need for additional allocations. CONCLUSION: No impact. 17.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the X environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? N/A b) Does the project have impacts that are individually limited,but X cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects,and the effects of probable futureprojects) N/A c) Does the project have environmental effects which will cause X substantial adverse effects on human beings,either directly or indirectly? N/A 18.EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. N/A b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A c) Mitigation treasures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the pro'ect. 3-0 Issues, Discussion and Supports formation Sources Sources PC y Potentially less an Sig._ -..int Significant Significant Impact ER #43-02 Issues Unless Impact Mitigation incorporated 19. SOURCE REFERENCES 1. City of San Luis Obispo General Plan 2. City of San Luis Obispo Zoning Regulations 3. City of San Luis Obispo Municipal Code 4. City of San Luis Obispo Architectural Review Guidelines 5. City of San Luis Obispo Archaeological Resource Preservation Guidelines 6. Air Pollution Control District Clean Air Plan, 1998 7. Project comments from other departments and agencies 8. Project Description and proposed Parcel Map. 9. Approved project plans for ARC 13-00, 3045 Rockview Attachments: 1. Project Vicinity Map 2. Proposed Parcel Map Attachment 9 DRAFT "A„ RESOLUTION NO. (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE TRACT MAP FOR A CONDOMINIUM CONVERSION LOCATED AT 3045 ROCKVIEW PLACE TR/ER 43-02 (TTM#2478) WHEREAS, the City Council conducted a public hearing on Novemberl 1, 2002 and has considered testimony of interested parties, and considered the applicant's request for a tentative tract map to convert 4 apartment units into condominium airspace units with exceptions to the Municipal Code Chapter 17.82 Condominium Standards, for property located at 3045 Rockview Place, and the evaluation and recommendation of staff; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: That this council, after consideration of Tentative Tract Map No. TR 43-02 (Tract Map No. 2478), staff recommendations, and reports thereof makes the following findings: 1. The site is not suited for the type and design of the subdivision, because the property was originally designed and constructed as an apartment project, located in a multi- family zoning district; and 2. Granting approval to the requested exception is not consistent with the Residential Condominium Development and Conversion Standards since the project would allow the conversion of only 4 residential units, while the Standards do not allow fewer than 10 units to be converted. Such a large exception would set an undesirable precedent; and 3. The project is not consistent with the Housing Element of the General Plan that encourages the preservation of affordable rental housing. Although the existing housing is not considered an affordable housing project, the conversion eliminates necessary rental housing stock and does not supply additional rental housing. Rental housing (especially 1 and 2 bedroom units) is more affordable than "for sale" housing of a similar scale. SECTION 2. Denial. The request for approval of Tentative Parcel Map No. MS 176-01 (County Map No. SLO 00-095) and requested exceptions are hereby denied. ATTACHMENTq Resolution No. (2002_Series) Page 2 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this_day of , 2002. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: i tto ey J ensen 3-SD Attachment 10 DRAFT «B„ RESOLUTION NO. (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM TRACT MAP AND NEGATIVE DECLARATION APPLICATION NO. TR,ER 43-02 WHEREAS, the City Council conducted a public hearing on November, 11th 2002 and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; and WHEREAS,Tract Maps require City Council review and approval, BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into four airspace condominium lots and a fifth common lot with an exception to the Condominium Standards, makes the following findings: Subdivision Findings 1. The proposed condominium map is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing, displace residents, or exceed 50% of the number of apartments built the previous year. 2. The site was physically suitable for the proposed type and density of development. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat since the subdivision will not allow additional construction or entitlements. 4. Based on staff's analysis and the projects environmental review, the design of the subdivision, or type of improvements, is not likely to cause detriment to public health or safety. 5. That the design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. ATTACHMENT 10 Resolution No. (2002 Series) TR/ER 43-02(Mitchell Condominium Subdivision) Page 2 Condominium Exception Findings 1. 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, since the site is particularly long and narrow with a large portion of the lot on upper slopes; 2. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning since adjacent properties with the same slope and characteristics are developed to a similar or greater density; and 3. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. SECTION 3.Approval. The City Council does hereby approve Application No. TR,ER 43-02, a request to approve a Condominium Subdivision for 3045 Rockview, subject to the following conditions: 1. All applicable conditions as required by approval of ARC 13-00 and Administrative Use Permit A- 13-00 shall apply to the project. 2. The applicant shall pay Park In-Lieu Fees consistent with SLO Municipal Code Section 16.40.080. 3. 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. 4. Each lot shall have a separate water service connection to the public main. A common private sewer is allowed, subject to a proper agreement addressing the joint ownership and maintenance of the private sewer. 5. The common open space shall be maintained in accordance with the City's weed abatement program. 6. The Open Space easement agreement shall be noted on the Final Map. 7. 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 3 rSa- ATTACHMENT 10 Resolution No. (2002 Series) TR/ER 43-02(Mitchell Condominium Subdivision) Page 3 requirement for solar water heating in cases where the Chief Building Official has determined that equivalent energy saving will be obtained by other means. 8. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. The tentative map does not reflect the location of the existing power, phone, and cable services. 9. Use, access to, and maintenance responsibility of the proposed common open space area shall be recorded as part of the CC &R's. 10. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map shall be processed as a condo conversion per Municipal Code Chapter 17.82. 11. 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. 12. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System(GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier(model space in real world coordinates, NAD 83 -m). If you have any questions regarding format, please call prior to submitting electronic data. 13. The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g.- all record data shall be entered on the map in the record units, metric translations should be in parenthesis),to the approval of the City Engineer. 14. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans &record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 15. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body concerning this subdivision. The city shall promptly notify the 3-�3 ATTACHMENT 1� Resolution No. (2002 Series) TR/ER 43-02(Mitchell Condominium Subdivision) Page 4 subdivider of any claim, action or proceeding and shall cooperate fully in the defense. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this_day of , 2002. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: 1114OX4 [4� ,ty / tto y ff ZKrgensen Exhibit A: Tentative Tract Map#2478, 3045 Rockview Place 3-S�