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court guidance. As for a State legislative solution, those efforts to date have either not <br /> gotten out of committee or have been vetoed by the Governor. <br /> Due to the uncertainty in the law (SMA provisions) and the potential for significant <br /> exposure to damages if the application were denied, staff recommends the City Council <br /> uphold the appeal, thus, approving the application. There was (and is) support by a <br /> number of residents within the Park for the conversion, as some might like to purchase <br /> their lot in the future should this application be approved. In addition, although the State <br /> law will preempt local rent control once the lots begin to sell, the State law provisions <br /> provide reasonable protection to lower- income households and phase in, over a <br /> five -year period, the fair market rents to those residents who do not qualify as <br /> low- income households. The conversion, over time, will remove these 208 units from <br /> the rental market for seniors; however, the conversion may provide an opportunity for <br /> affordable, for -sale, senior housing, a type of housing that the City currently does not <br /> have in great supply. <br /> Submitted by: Approved by: <br /> A-47 <br /> Brian Dolan Nelson Fialho <br /> Director of Community Development City Manager <br /> Attachments: <br /> 1. Draft Resolution, with Exhibit A, Draft Conditions of Approval, upholding the <br /> appeal <br /> 2. Exhibit B, Site Plan and Vesting Tentative Map, dated "Received June 5, 2007" <br /> 3. Location Map <br /> 4. Letter of Appeal to the City Council <br /> 5. Public correspondence <br /> 6. Planning Commission staff report, dated February 25, 2009 (without <br /> Attachments) <br /> 7. Excerpts of the Planning Commission Meeting Minutes, dated February 25, <br /> 2009 <br /> 8. Government Code, Section 66427.5 <br /> 9. Memorandum from the Office of the City Attorney, dated February 19, 2009, <br /> including Questions from Planning Commissioners and staff's responses <br /> thereto <br /> 10. Copy of the Survey <br /> 11. Tenant Impact Report, dated January 2009 <br /> 12. Neighborhood meeting minutes, dated January 8, 2009 <br /> 13. Conversion Committee Agreement <br /> 14. Various correspondence from Gilchrist Rutter <br /> Page 6 of 6 <br />