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Page 7 <br /> Memo to Chair and Members of the Planning Commission <br /> February 19, 2009 <br /> Conclusion <br /> As can be seen, there are a number of significant legal issues for which no definitive answer can be <br /> provided at this time. Some of these issues are subject to pending litigation in other jurisdictions but it <br /> will take some time for these issues to be litigated to the point where there is appellate court guidance. <br /> As for a state legislative solution, those efforts to date have either not gotten out of committee or have <br /> been vetoed by the Governor. <br /> Because of the uncertainty in the law and the potential for significant exposure to damages if the <br /> application were denied, the Community Development Department, with my advice, has recommended <br /> to the Planning Commission that the application be approved. There was (and is) support by a <br /> significant number of residents within the Park for the conversion, as some might well wish to purchase <br /> their lot, albeit some years down the road. In addition, although the state law will preempt local rent <br /> control once the lots begin to sell (ten years from now), the state law provisions provide reasonable <br /> protection to low income households and phase in, over a five year period, the fair market rents to those <br /> residents who do not qualify as low income households. And while true that the conversion, over time, <br /> will remove these 208 units from the rental market for seniors, it is also true that the conversion may <br /> provide an opportunity for affordable, for sale, senior housing, a type of housing that currently the City <br /> does not have. <br /> If the Commission has questions other than on the attached, please let me know. <br /> Michael H. Roush <br /> City Attorney <br /> MHR:aj <br /> Attachments <br /> c: Nelson Fialho, City Manager <br /> Brian Dolan, Director of Community Development <br />