HomeMy WebLinkAbout01/17/2006, PH 5 - CONSIDERATION OF A TENTATIVE TRACT MAP TO FINALIZE A CONDOMINIUM CONVERSION FOR TWENTY MULTI-FAMILY council IMwi°D� t , o�
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CITY OF SAN LUIS O B 1 S P 0
FROM: John Mandeville, Community Development Direct
Prepared By: Phil Dunsmore, Associate Planner
SUBJECT: CONSIDERATION OF A TENTATIVE TRACT MAP TO FINALIZE A
CONDOMINIUM CONVERSION FOR TWENTY MULTI-FAMILY RENTAL
APARTMENT PROPERTIES AT 2975 ROCKVIEW; (TR 167-05).
CAO RECOMMENDATION
Adopt the attached resolution which approves the tentative tract map to allow individual sale of
twenty condominium units at 2975 Rockview Place, based on findings and subject to conditions and
code requirements.
DISCUSSION
Situation
In accordance with Chapter 17.82 of the Municipal Code, the City Council approved a
condominium conversion for twenty apartment units located at 2975 Rockview Place on July 19,
2005. The entitlement process to allow the conversion of apartment units to "for sale"
condominiums is a two step process. The first step involved the ranking of all submitted conversion
applications based on criteria contained in Municipal Code Section 17.82.120 and actions to either
approve or deny the conversion requests. This step has already occurred at the City Council as
mentioned above. The second step involves review and approval of the tract map that will finalize
those conversions that were supported in step 1. The applicants are now seeking approval of the
tentative tract map to finalize the approved conversion.
Data Summary
Address: 2975 Rockview Place
Number of units: Twenty 2-bedroom units
Applicant: Weatherford& Russell
Representative: Pam Jardini
Zoning: Medium-Density Residential with the Special Consideration overlay (R-2-S)
General Plan: Medium Density Residential
Environmental status: Categorically exempt under Section 15301 k, "Existing Facilities", of CEQA.
* See the attached Planning Commission staff report, Attachment 3 for a complete project and site
description.
5i
Council Agenda Report—TR 167-05
Page 2
Planning Commission Action
On November 9, 2005, the Planning Commission reviewed the proposed tentative tract map and
applicable project conditions and unanimously voted to recommend approval of the map to City
Council (see Attachments 3, 4 and 5). The recommended project conditions include improvements
to private yards and patios, improvements to common open space areas, and the installation of
separate utilities for each unit.
Analysis
A complete analysis of each of the proposed condominium conversion and tentative tract map can
be found within the attached Planning Commission Staff Report (Attachment 3). As discussed in
detail in the Planning Commission staff report, staff found the proposed map to be consistent with
the City's condominium conversion standards and consistent with General Plan policies.
The Condo Conversion Regulations are designed to specifically prevent the displacement of low and
moderate income persons and provide potential opportunities for relatively lower-priced units for
sale. At a minimum, condominium conversions are subject to the City's Inclusionary Housing
Requirements which require a percentage of the units to be deed restricted to affordable housing
standards for a minimum of 30 years. The affordable housing requirements must be administered at
the time of the recordation of the tract map. Project conditions require the applicant to deed restrict
at least one of the units as affordable for 30 years.
The process of approving the tentative tract map is essentially a procedural review since the
permission to approve these apartments to condominiums has already been granted. The tentative
tract map process is still important, however, since this is the process whereby the City ensures that
all pertinent project conditions will be incorporated prior to recordation of the map.
The proposed tentative tract map is consistent with the approved condominium conversion
resolution and all applicable project conditions previously adopted by the City Council.
CONCURRENCES
The conversion request has been reviewed by other City departments including Public Works,
Utilities, Building and Fire. No significant concerns were noted, however it has been recognized
that the apartments will have to perform significant construction in order to install separate utilities.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found
that overall the General Plan was fiscally balanced. Allowing conversions of multi family rental
properties to individual "for sale" properties is not likely to create significant fiscal impacts.
57 --
Council Agenda Report—TR 167-05
Page 3
ALTERNATIVES
1. Continue action to request additional information from staff or the applicants. If additional
information is needed, direction should be given to staff.
2. Deny the map based on inconsistency with the Municipal Code Chapter 17.82 or
inconsistency with the General Plan or Subdivision Regulations.
ATTACHMENTS:
1. Vicinity Map
2. Reduced scale tract map
3. Planning Commission staff report, November 9, 2005
4. Planning Commission draft meeting minutes, November 9, 2005
5. Planning Commission resolution, November 9, 2005
6. Draft City Council resolution approving the tract map
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- Attachment 3
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM#2
BY: Philip Dunsmore, Associate Planner (781-7522) MEETING DATE: November 9, 2005
FROM: Ronald Whisenand, Deputy Director- Development Revie�
FILE NUMBERS: TR 167-05
PROJECT ADDRESSES: 2975 Rockview
SUBJECT: Review of a tract map to finalize the approved condominium conversion for
twenty existing apartment units at 2975 Rockview Place.
RECOMMENDATION
Adopt the attached Planning Commission resolution which recommends that the City Council
approve the tract map based on findings and subject to conditions and code requirements.
BACKGROUND
Situation
In accordance with Chapter 17.82 of the Municipal Code, the City Council approved a
condominium conversion for twenty apartment units located at 2975 Rockview Place on July
19, 2005. The entitlement process to allow the conversion of apartment units to "for sale"
condominiums is a two step process. The first step involves the ranking of all submitted
conversion applications based on criteria contained in Municipal Code Section 17.82.120 and
actions to either approve or deny the conversion requests. The second step involves review
and approval of the tract map that will finalize those conversions that were supported in step
1. The applicants are now seeking approval of the tract map to finalize the approved
conversion.
Data Summary
Address: 2975 Rockview Place
Number of units: Twenty 2-bedroom units
Applicant: Weatherford & Russell
Representative: Pam Jardini
Zoning: Medium-Density Residential with the Special Consideration overlay
(R-2-S)
General Plan: Medium Density Residential
Environmental status: Categorically exempt under Section 15301 k, "Existing Facilities", of
CEQA.
S -�
Attachment 3
TR 167-05
November 9,2005
Page 2
Proiect and Site Description
Located on the west side of Rockview Place at the base of the South Street hills, the ten
duplex apartment buildings (twenty units) were constructed in 1984. The project site is 1.9
acres, with a portion of the site zoned open space abutting the hillside. The units are within
the R 2-S district and conform to current zoning standards in terms of building height, yards,
density and use. Each two bedroom unit has a separate entrance and two-story floor plan with
a small private balcony. A separate laundry area within an enclosed building is located
amongst the units adjacent to a small common open space area near the center of the property.
The proposed tract map will convert the apartment units (currently all on one lot) to air-space
condominiums enabling individual ownership of the units. The twenty air-space lots would be
within a common lot governed by a homeowner's association. The common lot would contain
the parking area, common open space areas, and laundry facilities. Prior to recordation of the
map, Codes Covenants and Restrictions (CC&R's) will need to be reviewed by the City and
ultimately recorded along with the tract map for the property.
In order to comply with the condominium standards, the applicant intends to construct fenced
rear yard areas for each of the units in addition to supplying bicycle lockers. The applicant
has also agreed to add amenities such as a barbecue and picnic area to the common open
space. The applicant intends to meet the City's Inclusionary housing requirement by selling
one of the units to a qualified moderate-income buyer consistent with prescribed standards.
Site improvements and a deed restriction for the affordable unit will need to be completed
prior to recordation of a final map.
EVALUATION
General Plan Consistency
There are no General Plan Policies which differentiate between rental and ownership housing.
There are, however, General Plan Policies that promote the preservation of affordable
housing.
LU 2.5:Affordable Housing
The City will help conserve and increase residential opportunities for residents with
very low, low, or moderate incomes. As explained more fully in the Housing Element,
each development project should contribute in some way to the conservation or
production of affordable housing, considering the opportunities and limitations for the
project. The major residential expansion areas, in particular, should include a wide
range of housing types and costs to meet the needs of various income levels and
housing preferences.
5 -7
Attachment 3
TR 167-05
November 9,2005
Page 3
H 4.2.2:Apartments and Condominium Projects
Include both market-rate and affordable units in apartment and residential
condominium projects and intermix the types of units. Affordable units should be
comparable in appearance and basic quality to market-rate units.
Staff response: These policies were seriously considered when the proposed conversions were
reviewed by the Planning Commission and City Council, and conditions are recommended to
ensure these items are incorporated into the tract map approval. The Condo Conversion
Regulations are designed to specifically prevent the displacement of low and moderate income
persons and provide potential opportunities for relatively lower-priced units for sale. At a
minimum, condominium conversions are subject to, the City's Inclusionary Housing
Requirements which require a percentage of the units to be deed restricted to affordable
housing standards for a minimum of 30 years. The affordable housing requirements must be
administered at the time of the recordation of the tract map. Project conditions require the
applicant to deed restrict at least one of the units as affordable for 30 years.
Property Development Standards
The condo conversion regulations require that a project "substantially comply" with the City's
building and housing codes and Zoning Regulations in effect on the date the conversion
project is approved. Each unit needs to be inspected for safety hazards, pest and termite
damage, appropriate insulated windows, required heating and cooling systems, and separately
metered utilities. Zoning compliance includes an analysis of parking areas, building coverage,
height, yards, and project density. These issues were preliminary reviewed at the time of
conversion review by the City Council and this project was found to substantially comply with
the current standards.
As a condition of tract map approval, the applicant must submit a property inspection report to
the City that includes verification of necessary improvements. Any termite or moisture
damage must be repaired, and any building or fire code improvements deemed necessary by
the inspection must be completed prior to recordation of the map. Upgrades will include the
installation of separate utilities, including water meters, for each unit. Additionally, the
improvements to the site such as private yard fencing and landscaping, and a common
recreation area, must be completed. In summary, the apartment units must comply with all
project conditions prior to recordation of the map.
Since the City's Subdivision Regulations allow condominium subdivision lots to be of any
size or shape, the proposed airspace condominium map complies with the City's Subdivision
Regulations and does not require exceptions.
Conclusion
The process of approving the tract map is essentially a procedural review since the permission
5 - 0
Attachment 3
TR 167-05
November 9, 2005
Page 4
to approve these apartments to condominiums has already been approved by City Council.
The tract map process is still important, however, since this is the process whereby the City
ensures that all pertinent project conditions will be incorporated prior to recordation of the
map.
ALTERNATIVES
1. Continue the item to request the applicant or staff to provide additional information or
analysis. Specific direction should be given to staff for items to return to the
Commission.
2. The Commission may recommend denial of the map if it is found that the map does
not comply with the conditions of the approved conversion or if the map is not
consistent with the City's Subdivision Regulations. If the Commission wishes to
recommend denial of the map, specific findings of denial should be made.
Attached:
1. Vicinity Map
2. Proposed tentative map
3. Adopted City Council Resolution approving conversion
4. Proposed Planning Commission Resolution recommending approval of the Tract Map to
the City Council
GAPdunsmore\Condo Conversions\CON 1-05(2975 Rockview)\TR 167-05 PC rpt(I 1-09-05).doc
E , 9
Draft Planning Commission Minutes Attachment .4
November 9, 2005
Page 3
On m ' by Commr. Carter Vreauire the three Inclusionary housing units be for low-
income fame I
The motion failed d o the a econd.
2. 2975 Rockview Place. TR 167-05; Consideration of a tentative tract map to
convert 20 apartments into 20 condominium units with one common area parcel;
R-2-S zone; Holly Weatherford, applicant. (Phil Dunsmore)
Associate Planner Phil Dunsmore presented the staff report recommending that the
Commission recommend that the City Council approve the tract map, based on findings
and subject to conditions and code requirements.
PUBLIC COMMENTS:
Pamela Jardini, applicant's representative expressed agreement with the staff report,
noting that the water meter and waterline locations needs to be determined.
There were no further comments from the public.
COMMISSION.COMMENTS:
Since this project had been previously reviewed by the Planning Commission and City
Council, there was no significant Commission discussion and no public testimony. The
approval did not include any changes to staff recommended findings and conditions.
On motion by Commr. Carter to recommend the Citv Council approve the tract map
Seconded by Commr. Loh
AYES: Commrs. Carter, Loh, Miller, Boswell and Christianson
NOES: None
ABSENT: Commr. Osborne
ABSTAIN: None
The motion passed on a 5:0 vote.
1213 and 1221 Ni omo Street'
577 and 597 Marsh Street. GP/R and ER 150111111
t to amend the General Plan Land Use Map at 1221 Nipomo et from
High-Den esidential to General Retail and rezone the pro rom R-4 (High-
Density Residen to C-D-MU (Downtown Commerci a mixed use overlay
zone); and rezone 1 omo, 577 & 597 Street from C-D (Downtown
Commercial) to C-D-MU (Do Co rcial with a mixed use overlay zone);
and modification of the Parking S u Fee area; Berm
Homes, applicant.
(Jaime Hill)
Associate Plan it Dunsmore presented the staff report reco ending'that the
Commis ' ecommend that the City Council 1) adopt a Mitigated Negate eclaration
( 0-05) and amend the General Plan Land Use Element map to change land
Attachment 5
RESOLUTION NO. 5433-05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN LUIS OBISPO RECCOMENDING APPROVAL OF A
TRACT MAP TO ALLOW CONDOMINIUM CONVERSION FOR
TWENTY APARTMENTS AT 2975 ROCKVIEW PLACE
APPLICATION NO. TR 167-05
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 19,
2005 and recommended approval of Application No. CON 1-05, a request to approve a
Condominium Conversion for 20 apartments known as Rockview Heights at 2975 Rockview
Place; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 9, 2005 to consider Application No. TR 167-05, a request to approve a Tract Map to
finalize the Condominium Conversion for 20 apartments known as Rockview Heights at 2975
Rockview Place; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review(CEQA); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
1. The proposed tentative map converting the apartments into condominiums is consistent with
the General Plan because changing the apartments to condominiums will not impact
available affordable housing since the conversion will provide a deed restricted affordable
unit consistent with the City's Inclusionary Housing Ordinance and the other units are
affordable by design.
2. As conditioned, the tentative map complies with the property improvement standards for
Condominium Conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory condition
and a report of any known defects will be made available to future property owners and kept
on file at the City.
4. Based on a staff review of the application materials, a visit to the site and a review of City
records, the property is in substantial compliance with the Zoning Code in terms of allowed
use, density, parking, yard areas, building height, and all other applicable property
development standards.
Resolution No5433-05 Attachment 5
Page 2 -
5. In accordance with the Condominium conversion standards the applicant has appropriately
delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the
Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification .within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. Each of the tenants of the proposed conversion has been (or will be) given notice of an
exclusive right. to contract for the purchase of his or her unit upon the same terms and
conditions that such unit will be initially offered to the general public or terms more
favorable to the tenant.
9. The existing apartments, due to location, design, condition, and general conformance with
property development standards are appropriate for conversion to individual ownership units
and will result in a quality living environment for future property owners.
10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
Section 2. Recommendation. The Planning Commission does hereby recommend approval
of Application No. TR 167-05, a request to record a tract map to convert twenty apartment units
at 2975 Rockview Place to individual ownership condominiums in accordance with Municipal
Code 17.82, subject to the following conditions:
1. Each unit shall be supplied with individual meters for gas, water and electrical service.
Location and type of metering shall be subject to review and approval of the City
Community Development Department and the Utilities Department.
2. A property condition report shall be submitted to the City prior to recordation of the final
map. Any building defects noted in the property condition report submitted to the City shall
be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be limited
to):private open space yards, bicycle storage lockers, retrofitting units with additional energy
compliance requirements such as increased insulation or insulated windows, restoration and
refurbishing of landscape areas, installation of common area improvements, installation of
smoke detectors and fire protection systems, or repair and upgrades of parking areas.
4. Conditions, Covenants and Restrictions (C.C.&R.$) are required, to the approval of the
Community Development Director and the Public Works Director. The C.C.&R.s shall
include a description and regulations pertaining to the open space easement and all common
areas. The CC& R's shall be submitted to the Community Development Department for
review by the City Attorney prior to recordation of the map.
5. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the Subdivision
Map Act and the Subdivision Regulations.
s-�a-
Resolution No5433-05 — ���'
Attachment 5
Page 3
6. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify
and hold harmless the city or its agents, officers and employees from any claim, action, or
proceeding against the city or it agents, officers or employees to attack, set aside, void or
annul an approval of the city, advisory agency, appeal board or legislative body concerning
this subdivision. The city shall promptly notify the subdivider of any claim, action or
proceeding and shall cooperate fully in the defense.
7. Each of the tenants of the proposed conversion shall be given notice of an exclusive right to
contract for the purchase of his or her unit upon the same terms and conditions that such unit
will be initially offered to the general public or terms more favorable to the tenant.
8. This right of first refusal shall extend at least ninety days from the date of issuance of the
subdivision public report or commencement of sales, whichever date is later. The tenant's
security deposit and last months rent shall be credited towards the purchase of the property.
9. Each of the tenants shall be given written notification within 10 days of approval of final
map for the conversion.
10. A barbeque facility including a picnic bench and landscape enhancements shall be
incorporated into the common open space area. The design of the improvements shall be
reviewed and approved by the Community Development Department. The improvements
shall be constructed prior to recordation of the final condominium map.
11. Private open space yards shall be increased in size to exceed the minimum requirements for
each unit. Private open space yards, including new fencing and any other necessary
landscape improvements,shall be completed prior to recordation of a final map.
12. A minimum of one unit, of average size and quality, shall be deed restricted to moderate
affordable levels for a minimum of 30 years, consistent with the City's Inclusionary Housing
Ordinance. The unit shall be deed restricted upon recordation of the final condominium map
prior to sale of the property.
On motion by Commissioner Carter, seconded by Commissioner Loh, and on the following roll
call vote:
AYES: Commrs. Miller, Boswell, Loh, Carter and Christianson
NOES: None
REFRAIN: None
ABSENT: Commr. Osborne
VACANCY: One
The foregoing resolution was passed and adopted this 9th day of November, 2005.
Ro d Whise} d, Secretary
Planning Commission
} Attachment 6
RESOLUTION.NO. XXXX-06
A RESOLUTION OF THE CITY COUNCIL OF
SAN LUIS OBISPO RECCOMENDING APPROVAL OF.A TENTATIVE
TRACT MAP TO ALLOW CONDOMINIUM CONVERSION FOR
TWENTY APARTMENTS AT 2975 ROCKVIEW PLACE
APPLICATION NO. TR 167-05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 9, 2005 and recommend approval of Application No. TR 167-05 to the City Council,
a request to approve a Tentative Tract Map to finalize the Condominium Conversion for 20
apartments known as Rockview Heights at 2975 Rockview Place; and
WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 17`h
2006 and recommended approval of Application No. TR 167-05, a request to approve a
Tentative Tract Map to finalize a Condominium Conversion for 20 apartments known as
Rockview Heights at 2975 Rockview Place; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed tentative map converting the apartments into condominiums is consistent
with the General Plan because changing the apartments to condominiums will not impact
available affordable housing since the conversion will provide a deed restricted
affordable unit consistent with the City's Inclusionary Housing Ordinance and the other
units are affordable by design.
2. As conditioned, the tentative map complies with the property improvement standards for
Condominium Conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
4. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms of
allowed use, density, parking, yard areas, building height, and all other applicable
s -�y
J Attachment 6
Resolution No. [ ]
Page 2
property development standards.
5. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant pursuant to Section
66452.9 of the Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. Each of the tenants of the proposed conversion has been (or will be) given notice of an
exclusive right to contract for the purchase of his or her unit upon the same terms and
conditions that such unit will be, initially offered to the general public or terms more
favorable to the tenant.
9. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
Section 2. Approval. The City Council hereby approves Application No. TR 167-05, a request to
record a tract map to convert twenty apartment units at 2975 Rockview Place to individual
ownership condominiums in accordance with Municipal Code 17.82, subject to the following
conditions:
1. Each unit shall be supplied with individual meters for gas, water and electrical service.
Location and type of metering shall be subject to review and approval of the City
Community Development Department and the Utilities Department.
2. A property condition report shall be submitted to the City prior to recordation of the final
map. Any building defects noted in the property condition report submitted to the City
shall be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be
limited to): private open space yards, bicycle storage lockers, retrofitting units with
additional energy compliance requirements such as increased insulation or insulated
windows, restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
4. Conditions, Covenants and Restrictions (C.C.&R.$) are required, to the approval of the
Community Development Director and the Public Works Director. The C.C.&R.s shall
include a description and regulations pertaining to the open space easement and all
common areas. The CC& R's shall be submitted to the Community Development
Department for review by the City Attorney prior to recordation of the map.
Attachment 6
Resolution No. [ ]
Page 3
5. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
6. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents, officers or employees to attack,
set aside, void or annul an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and.shall cooperate fully in the defense.
7. Each of the tenants of the proposed conversion shall be given notice of an exclusive right
to contract for the purchase of his or her unit upon the same terms and conditions that
such unit will be initially offered to the general public or terms more favorable to the
tenant.
8. This right of first refusal shall extend at least ninety days from the date of issuance of the
subdivision public report or commencement of sales, whichever date is later. The
tenant's security deposit and last months rent shall be credited towards the purchase of
the property.
9. Each of the tenants shall be given written notification within 10 days of approval of final
map for the conversion.
10. A barbeque facility including a picnic bench and landscape enhancements shall be
incorporated into the common open space area. The design of the improvements shall be
reviewed and approved by the Community Development Department. The improvements
shall be constructed prior to recordation of the final condominium map.
11. Private open space yards shall be increased in size to exceed the minimum requirements
for each unit. Private open space yards, including new fencing and any other necessary
landscape improvements, shall be completed prior to recordation of a final map.
12. A minimum of one unit, of average size and quality, shall be deed restricted to moderate
affordable levels for a minimum of 30 years, consistent with the City's Inclusionary
Housing Ordinance. The unit shall be deed restricted upon recordation of the final
condominium map prior to sale of the property.
(End of Conditions)
l�
Attachment 6
Resolution No. [ ]
Page 4
On motion of seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of , 2006.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jona Lowell, City Attorney
5 -1 7
Utilities
MEMORANDUM ;bmispo
er�t
To: John Moss,Utilities Director AN ��6
From: Dan Gilmore,Utilities Engineer 1 7
Date: January 13, 2006 SLO CITY CLERK
Subject: Letter from Pam Jardini and conversation with Mayor Romero regarding the
Rockview Condominium Conversion Project
I received a copy of the letter from Pam Jardini; dated January 12, 2006 and was reviewing it
when I received a call from Mayor Romero. The Mayor was looking for any way we could
support the request, and I explained our position that was developed in previous conversations
internally here at the Utilities Department.
Specifically, Mayor Romero's concerns were for the "substantial" disruption that would occur if
the applicant was required to provide separate service lines from the public right-of-way to each
condominium unit. I explained that the letter likely overstates the expected level of disruption,
indicating that the landscaping and asphalt would be "substantially demolished", that service
would be interrupted "possibly for days", and that "tenants may need to be housed elsewhere
during this construction time." Actually, I expect the disruption would be fairly minimal. The
new service lines could avoid mature landscaping and be placed in the driveways. A 12" to 18"
trench would be capable of accommodating the new service lines. The trench could be plated to
allow vehicular access virtually throughout construction. And, service disruptions would likely
be a matter of minutes, rather than days,while the new services are tied over.
Ms. Jardini's letter suggests that individual meters could be placed at each condominium unit,
with the owners' association retaining responsibility for the on-site distribution system. Even
with a "rock solid" agreement, the linesof responsibility become blurred. City meters would be
fed from private service lines. Individual owners will have two possible entities to deal with to
resolve billing and service issues. In addition, the City is much better equipped and prepared to
respond to emergencies and other water service issues. It is likely that the owners' association
would not provide the same level of service to the City's water customers within this
development.
Finally, the next to last paragraph of Ms. Jardini's letter suggests that the cost of providing the
required services to each condominium would be passed on to the buyers. In my opinion, the
market will determine the ultimate sales price of the condominiums. The construction costs
would more likely reduce the profit of the sellers, the ones making this request.
In considering these points, it appears that the justification needed for Utilities to compromise its
standards just isn't there. I believe Mayor Romero was satisfied with our discussion.
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MEETING AGENDA
January 12, 2006 DATE l 6 ITEM # {}5
Mayor Dave Romero
Mr. John Ewan
Ms. Christine Mulholland
Mr. Allen Settle
Mr. Paul Brown
Dear Mayor and Council Members,
This letter is in regards to item number five (5), the Rockview Condominium
Conversion project, on the agenda for Tuesday, January 17, 2006. We are in
agreement with the staff report and the conditions of approval for this project except
for condition number one (1) (in Section 2. Approval) regarding the location of water
meters on the project site.
We have met with the Dan Gilmore, the City's utilities engineer, and his supervisor
and discussed this condition. We have requested to install meters at the base of
each condominium and locate remote read meters in the sidewalk. However the
condition as currently written, requires water meters to be located in the sidewalk
adjacent to the road. Placing the meters in the sidewalk will require new water lines
to be installed from the meters to each condominium. The Utilities Department
informed us that the City's municipal code does not allow staff to modify this
requirement. However, City Council has the ability to implement an alternative to the
municipal code requirement.
The City is responsible for the water lines up to the water meters. If the meters are
placed at the base of the condominium and not in the sidewalk, then the City would
be responsible for the water lines on the project site. However, the City's
responsibility for the lines on site could be placed upon the condominium's
homeowners association through an agreement with the City. City Council would
need to direct staff to modify condition number one (1) to facilitate this option.
If the meters are placed in the sidewalk, the mature landscaping on the site and the
asphalt parking lot would be substantially demolished to facilitate the placement of
new water lines. The tenants would not be able to park on site during construction
and their water service would be interrupted, possibly for days. It is conceivable that
the tenants may need to be housed elsewhere during this construction time. This
scenario would not take place if remote read meters were installed. Remote read
meters are used locally by Templeton's Community Services District; they highly
endorse this product.
The primary purpose of converting these units to condominiums is to fill the market
need for housing at an entry level cost to the community. If the water meters are
required to be placed in the sidewalk, then the cost of the construction will be
passed onto the buyers. This is counter-productive to the reason for creating
condominium conversions.
Mr. Terry Orton, the civil engineer for the project, and Mr. Rob Carnes, construction
manager, will be at the City Council hearing should you have any questions
regarding this request. Or you may contact me at (805) 801-0453. 1 wish to thank
you for your time in considering this request.
Sincerely,
Pamela Jardini
Agent for the applicants
cc: Phil Dunsmore, Community Development Department
Dan Gilmore P. E., Utilities Department
Terry Orton, Westland Engineering
Rob Carnes, Ground Up
Jan 13. 2006 10: 528M Plann+.ng Solutions 605-4314- 1363 P. 2
LAND PLANNING
S4BDIVISIONS
PROJECT MANAGEMENT
Pamela)ardini 805 801 0453
1160 NEW WINE PLACE
TEMPLETOK CA 9346S
PLANNIN GSOLUTIONS@FI%.NET
January 12, 2006
Mayor Dave Romero
Mr. John Ewan
Ms. Christine Mulholland
Mr. Allen Settle
Mr. Paul Brown
Dear Mayor and Council Members,
This letter is in regards to item number five (5), the Rockview Condominium
Conversion project, on the agenda for Tuesday, January 17, 2006. We are in
agreement with the staff report and the conditions of approval for this project except
for condition number one (1) (in Section 2. Approval) regarding the location of water
meters on the project site.
We have met with the Dan Gilmore, the City's utilities engineer, and his supervisor
and discussed this condition. We have requested to install meters at the base of
each condominium and locate remote read meters in the sidewalk. However the
condition as currently written, requires water meters to be located in the sidewalk
adjacent to the road. Placing the meters in the sidewalk will require new water lines
to be installed from the meters to each condominium. The,Utilities Department
informed us that the City's municipal code does not allow staff to modify this
requirement. However, City Council has the ability to implement an alternative to the
municipal code requirement.
The City is responsible for the water lines up to the water meters. If the meters are
placed at the base of the condominium and not in the sidewalk, then.the City would
be responsible for the water lines on the project site. However, the City's
responsibility for the lines on site could be placed upon the condominium's
homeowners association through an agreement with the City. City Council would
need to direct staff to modify condition number one (1) to facilitate this option.
If the meters are placed in the sidewalk, the mature landscaping on the site and the
asphalt parking lot would be substantially demolished to facilitate the placement of
new water lines. The tenants would not be able to park on site during construction
and their water service would be interrupted, possibly for days. It is conceivable that
Jan 13 . 2006 10: 52AM Planning Solutions 805-434-1363 p. 3
the tenants may need to be housed elsewhere during this construction time. This
scenario would not-take place if remote read meters were installed. Remote read
meters are used locally by Templeton's Community Services District; they highly
endorse this product.
The primary purpose of converting these units to condominiums is to fill the market
need for housing at an entry level cost to the community. If the water meters are
required to be placed in the sidewalk, then the cost of the construction will be
passed onto the buyers. This is counter-productive to the reason for creating
condominium conversions.
Mr. Terry Orton, the civil engineer for the project, and Mr. Rob Carnes, construction
manager, will be at the City Council hearing should you have any questions
regarding this request. Or you may contact me at (805) 801-0453. 1 wish to thank
you for your time in considering this request.
Sincerely,
Pamela Jardini
Agent for the applicants
cc: Phil Dunsmore, Community Development Department
Dan Gilmore P. E., Utilities Department
Terry Orton, Westland Engineering
Rob Carnes, Ground Up