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HomeMy WebLinkAboutr10283condoconversion61broadRESOLUTION NO . 10283 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM CONVERSION FOR TWENTY-THREE SENIOR APARTMENTS , WITH AN EXCEPTION TO PROPERTY IMPROVEMENT STANDARDS FO R PRIVATE OPEN SPACE, AT THE OAKS SENIOR HOUSING FACILITY LOCATE D AT 61 BROAD STREET (CON 22-11 ) WHEREAS,the Council of the City of San Luis Obispo conducted a public hearing i n the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 5 , 2011, to consider Application No . CON 22-11, a request to convert 23 senior apartment unit s into condominiums at The Oaks senior housing facility located at 61 Broad Street ; an d WHEREAS,notices of said public hearing were made at the time and in the manne r required by law ; an d WHEREAS,the conversion of existing residential apartments to ownershi p condominiums is exempt from environmental review (CEQA); an d WHEREAS,the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented a t said hearing . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e following findings : 1.The proposed condominium conversion is consistent with the General Plan becaus e changing the apartments to condominiums will not impact available affordable housin g since the project will provide "for-sale" senior living units with comparable affordabilit y (market-rate) to existing senior apartments, and will provide one deed-restricte d affordable unit consistent with the City's Inclusionary Housing Ordinance . 2.An exception to the condominium conversion property improvement standards for privat e open space is warranted because of the unique nature of the project (retiremen t community), and the fact that there is more than ample common open space an d recreational facilities/programs provided on-site . 3.As stated in the applicant's property condition report, the property is in satisfactor y condition and a report of any known defects will be made available to future propert y 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 o f City records, the property is in substantial compliance with the Zoning Code in terms o f allowed use, density, parking, yard areas, building height, and all other applicabl e property development standards . R 10283 Council Resolution No . 10283 (2011 Series) Page 2 5.The existing apartments, due to location, design, condition, and general conformanc e with property development standards are appropriate for conversion to individua l ownership units and will result in a quality living environment for future propert y owners . 6.In light of the above findings, there exists adequate facts to support the findings require d under sections 66473 .5 and 66474 of the Government Code . 7.An equivalent number of new units comparable in affordability and amenities to thos e being converted are being created as part of the new project . 8.In accordance with the CEQA Guidelines Section 15301 (K) the conversion o f multifamily residences into condominiums is categorically exempt from environmenta l review . SECTION 2 .Action .The City Council does hereby approve conversion of 23 senio r apartment units into individual ownership condominiums, with an exception to the propert y improvement standards for private open space, at The Oaks senior housing facility located at 6 1 Broad Street in accordance with Municipal Code 16 .17, subject to the following conditions : 1.A minimum of one unit, of average size and quality, shall be deed-restricted to affordabl e income levels for a minimum of 45 years, consistent with the City's Inclusionar y Housing Ordinance . The unit shall be deed-restricted upon recordation of the fina l condominium map prior to sale of the property . 2.An affordability agreement between the City of San Luis Obispo and the property owne r shall be prepared, signed, notarized and recorded . Contact the City's Housing Program s Manager to establish the level of affordability and for preparation and processing of th e affordability agreement . 3.A tenant's rent shall not be increased from the time this application was received to 18 0 days following Council approval of the tentative tract map . 4.The applicant shall apply for a tentative parcel map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Cod e Chapter 17 .82 (Condominium Conversions). The tentative parcel map shall be subject t o (but not limited to) the following conditions of approval : a.Each unit shall be supplied with individual meters for gas, water and electrica l service . Location and type of metering shall be subject to review and approval o f the City . b.Any building defects noted in the property condition report submitted to the Cit y shall be repaired prior to approval of the final condominium map . c.Any improvements necessary to comply with the property improvement standard s for condominium conversions (Chapter 16 .017 .070 A through I) shall be Council Resolution No . 10283 (2011 Series) Page 3 completed prior to approval of the final condominium map, unless excepted b y the City Council . d.Conditions, Covenants and Restrictions (CC&Rs) are required, to the approval o f the Community Development Director and the Public Works Director . The CC&Rs shall include a description and regulations pertaining to open space an d all common areas . The responsibility for the maintenance of the common fir e alarm system, fire sprinkler system and any other common systems shall b e established in the CC&Rs . e.If pertinent, the tentative map shall reflect the location of all any overhead an d underground utilities . f.The subdivider shall submit a final map to the City for review, approval, an d recordation . The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor . The final map shall b e prepared in accordance with the Subdivision Map Act and the Subdivisio n Regulations . g.Pursuant to Government Code Section 66474 .9(b)(1), the subdivider shall defend , indemnify and hold harmless the City or its agents, officers and employees fro m any claim, action, or proceeding against the City or it agents, officers o r employees to attack, set aside, void or annul an approval of the City, advisor y agency, appeal board or legislative body concerning this subdivision . The City shall promptly notify the subdivider of any claim, action or proceeding and shal l cooperate fully in the defense . 5 . The applicant shall give each tenant a written notice of intent to convert after submittal o f the tentative map, and at least one hundred eighty days before termination of tenancy du e to conversion . The notice shall contain at least the following : a.Name and address of current owner ; b.Name and address of proposed subdivider ; c.Approximate date on which the unit is to be vacated by non-purchasing tenants (i f applicable); d.Tenant's right to purchase ; e.Statement of no rent increase ; and statement of proposed sales prices and terms . 6 . Each non-purchasing tenant not in default under the provisions of the rental agreement o r lease shall have the right to remain not less than 180 days from the written notice o f intent to convert . 7 . The applicant shall give any present tenant a non-transferable right of first refusal t o purchase the unit occupied . This right of first refusal shall extend at least 90 days fro m 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 b e credited towards the purchase of the property . Council Resolution No . 10283 (2011 Series ) Page 4 8.Prospective tenants shall be given a written notice of intent to convert prior to leasing o r renting . 9.Construction of required storage facilities shall be completed prior to recordation of a final map . Ventilation shall be provided for the storage rooms . 10.The dead end corridors in the storage rooms shall not be more than 20 feet in length . If the building is equipped with fire sprinklers the dead end corridors shall not be more tha n 50 feet in length . 11.A soils report is required for the proposed storage addition . 12.This project will require the preparation of water pollution control plan . 13.The registered design professional shall survey the site to determine disabled acces s compliance and prepare a document of unreasonable hardship in accordance with th e provisions of the 2010 CBC 1134B . Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Smith, and on th e following vote : AYES : Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaug h and Mayor Mar x NOES : None ABSENT : None The foregoing Resolution was adopted this 5th day of July 2011 . ATTEST : Elaina Can o City Clerk