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Home My WebLink AboutPC Resolution _6099- Case TTM 34627RESOLUTION NO. 6099 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILEHOME PARK TO A CONDOMINIUM PARK LOCATED AT 6300 BOLERO DRIVE ZONED R-MHP (MOBILEHOME PARK) SECTION 29 WHEREAS, The Loftin Firm (applicant), on behalf of Nevada Commercial, LTD (owners), have filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide approximately 25.9acres of land into 184 condominium lots located at 6300 Bolero Drive, Zone R-MHP Section 29; and WHEREAS, the Applicant has filed Tentative Tract Map 34627 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 34627, was given in accordance with applicable law; and WHEREAS, on May 9, 2007, a public hearing on the application for Tentative Tract Map 34627 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed conversion of the existing 184 space rental mobile home park to a condominium park, Tentative Tract Map 34627 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Negative Declaration has been prepared in accordance with the guidelines of the California Environmental Quality Act ("CEQA"). WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1 Pursuant to Government Code Section 66427.5 the Planning Commission finds that the proposed Tentative Tract Map Case No. TTM 34627 for the conversion of the existing 184 lot rental Mobilehome Park to a resident owned condominium park did not comply with all the provisions of Section 66427.5, therefore; recommends that the City Council deny Case No. TTM 34627. Section 2 Pursuant to Government Code Section 66427.5 (Subdivision Map Act), the Planning Commission finds that the Tentative Tract Map did not comply with all of the provisions of this section as follows: (a) The subdivider shall offer each existing tenant an option to either purchase his or her condominium or subdivided unit, which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant. This has been satisfactorily stated in Sections 1 and 2 of the Draft Tenant Impact Report (TIR) dated May 2006. (b) The subdivider shall file a report on the impact of the conversion upon residents of the Mobilehome Park to be converted to resident owned subdivided interest. The applicant submitted the Tenant Impact Report along with the application for Tentative Tract Map. The staff reviewed this report to determine if it adequately disclosed all potential economic impact on displacement of nonpurchasing residents. Staff has prepared a list of potential upgrades that might be necessary for the continued operation of the development that should be disclosed in the TIR. The information is necessary because there is a potential for negative financial impact to the new Homeowner's Association if a problem arises in the areas outlined below: Fire Related Potential Impacts: 1. Fire hydrant flow and spacing. 2. Access concerns and time delays for emergency responses when the roadway in the wash is inaccessible. 3. If roadway in the wash is inaccessible, fire department response will be significantly delayed. 4. Secondary emergency access requirements. 5. Turning radius of roadways for fire department access. Engineering Related Potential Impacts: A record document referred to on TTM34627 that is identified as providing the Palm Springs View Mobile Home Park with access across the Palm Canyon Wash for road and water line purposes was found and is a Grant Deed recorded on Oct. 6, 1958, in Book 2343, Page 222. It is a Grant Deed from Lawrence and Martha Crossley to the "Coachella Valley County Water District", apparently conveying the parcel located in the Palm Canyon Wash, which is located between the parcels comprising the mobile home park. The Planning Commission Resolution TTM 34627 May 9, 2007 Grant Deed reserved an easement for road and waterline purposes over the east 60 feet of the parcel. In reviewing the document there are 2 concerns: 1. The physical road is not located in the east 60 feet of the parcel located in the wash, and thus, not within the record easement; and 2. The Grant Deed merely reserved the road and waterline easement for the benefit of Lawrence and Martha Crossley — no mention was made to their "successor and assigns". A recorded document is needed that more clearly establishes the current access rights because the physical road is not located within that easement. Therefore, the current mobile home park owners would need to establish through quiet title action or prescriptive rights, the access rights over the RCFC parcel where the road is physically located. The issue associated with the access road through the RCFC parcel is an "impact" that should be disclosed as part of the Tenant Impact Report. The above information and request for a revised TIR to address the above issues was made known to The Loftin Firm by letter dated October 20, 2006. The Loftin Firm has not, as of April 23, 2007, submitted a revised TIR to address these concerns. (c) The subdivider shall make a copy of the report available to each resident of the mobilehome park at least 15 days prior to the hearing on the map by the advisory agency or, if there is no advisory agency, by the legislative body. There was testimony from the residents, that not every resident received a copy of the TIR, at the April 11, 2007 Planning Commission Meeting, There was also concerns on the part of the Planning Commission members that the TIR did not address all of the tenant impacts and needed to be revised. (d) (1) The subdivider shall obtain a survey of support of residents of the mobilehome park for the proposed conversion. (2) The survey of support shall be conducted in accordance with an agreement between the subdivider and a resident homeowners' association, if any, that is independent of the subdivider or mobilehome park owner. (3) The survey shall be obtained pursuant to a written ballot. 3 Planning Commission Resolution TTM 34627 May 9, 2007 (4) The survey shall be conducted so that each occupied mobilehome space has one vote. (5) The results of the survey shall be submitted to the local agency upon the filing of the tentative or parcel map, to be considered as part of the subdivision map hearing prescribed by subsection (e) The subdivider shall be subject to a hearing by a legislative body or advisory agency, which is authorized by local ordinance to approve, conditionally approve, or disapprove the map. The scope of the hearing shall be limited to the issue of compliance with this section. A Public hearing has been scheduled for the Planning Commission and the Palm Springs City Council. (f) The subdivider shall be required to avoid the economic displacement of all nonpurchasing residents in accordance with the following: (1) As to nonpurchasing residents who are not lower income households, as defined in section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period. (2) As to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. Planning Commission Resolution TTM 34627 May 9, 2007 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council deny Tentative Tract Map 34627. ADOPTED this 9' day of May, 2007. AYES: 5 1 NOES: None ABSENT: 2 1 ABSTENTIONS: None ATTEST: ; A-- =- . '�' • Hutcheson, Ringlein, Marantz, Hochanadel, Cohen Caffery, Scott CITY OF PALM SPRINGS, CALIFORNIA 61 N