31A - CUP - SA LOFTS-MAIN ST STUDIOS-E VILLAGE LOFTS

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Amend CUP No. 2001 -28 October 14, 2013 Page 3 Protect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Modification to an approved conditional use permit may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to modify the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. The original conditions of approval for the project were intended to ensure that the property would be well- maintained after the project's completion. Condition No. 3 was added during a time in which the City began considering new applications for multi - family residential projects. Until that time, starting in the early 1990s, the City had ceased processing applications for multi - family projects due to concerns stemming from architecture, density, and amenities, and the long -term viability of these projects. In the early 2000s, the City began considering new applications for multi - family housing projects and implemented development standards and conditions of approval that would address these concerns. Condition No. 3 and other similar conditions, such as those limiting the number of occupants in each unit, were intended to ensure that new residential developments remained well- maintained. Further, this condition was added to other new multi - family projects approved by the City, such as those at MacArthur Place and City Place. Since that time, staffs experience illustrates that rental restrictions and other similar conditions have not been critical to maintaining the long -term quality of multi - family projects. Further, the City Council has removed the rental restriction on more recent projects, such as the Skyline Towers and The Marke. The development standards in place at the time of construction, as well as the other conditions of approval, will continue to address the original concerns with quality and maintenance surrounding the project. 31A-5