Recommendation:

To continue the matter to permit the applicant to submit additional information to the Planning Commission for confirmation of a convex sloping condition on the subject property for height limit calculations.

Background

PROJECT INFORMATION

Analysis

The existing building was constructed as a duplex in 1983. The applicant does not propose any additions to or remodeling of the existing structure. Each unit has 3 bedrooms and a full bathroom, a ¾ bathroom, and a half bathroom off the kitchen.

Open space is provided on decks adjacent to the dining room of each unit and a large rear yard. The decks provide each unit with 235 square feet of private open space and the rear yard provides 940 square feet of common open space. The total open space for each unit is 705 square feet, which is more than double the 300 square feet required per unit.

The existing southern balconies of the structure are less than 3 feet from the property line. The applicant proposes to remove the excess portion of the encroaching balconies, so that they will be 3 feet from the property line.

The applicant proposes to use a convex slope for determining the building height maximum for the conversion. Based on the convex slope, the height of the building may conform to the current height limit. However, the survey submitted by the applicant does not have the proper information to determine the applicability of a convex slope, and it is not stamped by a licensed land surveyor or civil engineer as stipulated in the Zoning Ordinance. Staff recommends a more detailed survey including additional convex slope information be provided. Please note that during their June 20, 2000 meeting, the Planning Commission approved a similar project located at 1136-40 Monterey Boulevard after being continued from the previous meeting for lack of detailed convex slope information.

Section 17.22.160 of the Zone Code provides standards for review of condominiums which are intended to:

• To establish criteria for the conversion.
• To reduce the impact of such conversions on area residents in rental through timely notification.
• To assure that purchasers of conversions, community apartments or cooperative housing have been properly informed as to the physical condition of the structure which is offered for purchase.
• To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city's general plan.
• To provide reasonable balance of ownership and rental housing.
• To assure that ownership or group ownership units have design and amenities that would be attractive to more long-term.

Stock cooperatives, community apartments and condominium conversions may be approved and created in accordance with the provisions of Sections 17.22.170 though 17.22.300. The Planning Commission must make the following findings in order to approve a project and grant a permit:

1. Proposed project is consistent with the general plan;
2. All provisions of this title and referenced codes have been met;
3. The overall design, physical condition and amenities of the project provide for livability and safety, and the project will not be a physical or financial burden to the city or neighborhood;
4. Project provides an adequate program of tenant purchase and relocation assistance.

Except for the height issue, the applicant has provided all the items required to be submitted prior to any approval of a condominium conversion, including the following (see Attachment 5):

• Notice of Intent and evidence it was delivered to each tenant.
• Schedule of Rents for the last six months.
• Tenant Assistance Plan for relocation of tenants.
• Physical Report detailing the existing development’s structural integrity.

CONCUR:
____________________________
Sol Blumenfeld, Director
Community Development Department

Attachments

1. Location Map
2. Photographs
3. Residential Zoning Analysis/Basement and Height Calculations
4. Required Conversion Submittals