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 .
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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