Laserfiche WebLink
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 applic<~tion. 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 />,i' ; ((( <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 />