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HomeMy WebLinkAbout8/2/2000 - STAFF REPORTS (32) DATE: July 19, 2000 TO: City Council FROM: Director of Planning & Building TENTATIVE TRACT MAP NO.28087- APPLICATION BY EL DORADO PALM SPRINGS, LIMITED FOR A TENTATIVE TRACT MAP TO SUBDIVIDE THE EXISTING 377 SPACE EL DORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE EL DORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65 ACRES OF LAND AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R-MHP AND R-MHP ZONES, SECTION 29. BACKGROUND: On July 5, 2000, the City Council held a public hearing to consider the above-referenced project. At the July 51h meeting, the City Council directed staff to prepare a Resolution of Denial for the project to be considered at the next City Council meeting. Attached is a copy of a Resolution of Denial for City Council Consideration. DOUGLAS R. EVANS, Director Planning and Building CitC menage ATTACHMENTS: 1. Resolution of Denial for Tentative Tract Map No. 28087 age 08/02/2000 11: 17 819-5359301 LAW OFFICE OF LOFTIN PAGE 02 LAW OFFICES OF 4330 LA JOLLA VILLAGE DRIVE SUITE 390 SAN DIEGe, CALIFORNIA 9 21 2 2-6203 TELEPHONE: (858)635-9380 FACSIMILE: (858) 536-9381 E-MAIL: ISIIew0paQbf .net www.la�ryers com/sueloftin/ August 2,2000 Via Facsimile Only jto Ruttan&Tucker: City of Palm Springs] David J. Aleshire, Esq_ Rutan&Tucker,LLP 611 Anton Boulevard, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628-1950 Re: TTM 68087,El Dorado Response to Factual Questions re: Conversion/Financing Dear David: This correspondence is subject to the disclaimers contained in the correspondence dated July 28, 2000 from Richard Close,Esq.,Attorney for Applicant,addressed to you,stating in part: Subject to the reservation of rights expressed in our July 18a'letter, and without waiving or prejudicing any rights and claims that accrued to us through July 19'� we are providing the following information pursuant to your request: 1. Can persons receive a market term loan without regard to their age? Stated another way,you said Mr. PTawdzik's contention that senior residents, 80•+, could not qualify for a 20 or 30 year loan. As I have stated previously,this is an untrue statement. During the last 20 yours of working with mobilehome parks,all but 3 have been senior parks,and never has aperson been denied a market term loan because of age. As I previously testified,a woman age 97 in Rancho Escondido Mobilehome Park received a 30 year,market term and market rate loan Rom First Interstate Bank. FurtbeT, as evidenced in the other senior parks currently being funded for the first time or for subsequent purchasers,age has never been a basis for denial of a loan. The foregoing statements assume the person is otherwise credit worthy; in other words,a person in bankruptcy,for example,without regard to age,cannot obtain a purchase money loan. „ 00/02/2000 11: 17 G19-5359381 LAW OFFICE OF LOFTIN PAGE 03 David Aleshire,Esq, August 2,2000 Page 2 of 4 2. What are the steps in the Conversion following City Council action? Assuming the City Council approves the tentative map with conditions acceptable to .Applicant, then the following steps would occur: a. Appraisal: The appraisal would be ordered mid will take approximately 60 days to complete. b. B&P Code Legal Notice: The required notice to all residents setting forth"tentative" price would be distributed. The language of the code section is"tentative". c. Application to the DRE: Simultaneous with the preparation of the appraisal, the application and related documents would be prepared for submittal. The documents include without limitation: i. Articles,Bylaws and CC&Rs: These documents are already prepared, and Attorney Prawdzik provided on December 2, 1999, a letter stating the resident association agreed with the terms and conditions in those documents. ii. Sales Documents: These documents include without limitation the Deposit Receipt Sales Contract, Sample Title Report, Sample Grant Deed, Sample loan documents, and Sample disclosures re Condition of the Property. iii. Financial Document: A certified DRE budget preparer will update the previously prepared budget. The resident association has a copy of the documents as prepared to date, along with all the backup information. However, this item has to be redone because the work is only valid for 6 months. iv. Filing Date of Application: The Application should be filed within 15 days of distribution of B&P Notice. d, Time for Processing Conditional Public Report; The conditional public report process will take approximately 120 days, assuming no undue interference in this process. At the time of issuance of the Conditional Public Report, the resident households will receive all documents approved at that time and can commence loan processing if they desire. e. Issuance of Final Public Report: The Final Public Report should be issued within 120 days of the issuance of the Conditional Public Report. Upon issuance of the Final Public Report,the residents will receive a copy of the Final Public Report along 08/02/2000 11:17 619-5359381 LAW OFFICE OF LOFTIN PAGE 04 David Aleshire, Esq. August 2, 2000 Page 3 of 4 with, including without limitation, the following documents: i. Copy of Final Public Report; ii. Copy of DRE Approved Budget; iii. Copy of all Governing Documents; iv. Copy of all Purchase and Sale Documents; v. Copy of all Title documents; vi. Disclosures re Condition of Property; vii. Price of Unit; viii. Package to elect to rent rather than to purchase. ix. Low Income household qualificiation package. f. First RiAht of Refusal Period: The Owner has agreed to extend the 90-day statutory right of first refusal to 180 days. Therefore, after receipt of all required information in(e)above,the residents have 180 days within which to decide whether they want to purchase the unit or continue to rent the unit on which their mobilehome is situated. g. Estimated Timeline without Narative: i. August 2,2000: City Council Approval ii. October 2 2000: B&P Code Price Disclosure iii. October 17.2000: Submit to DRF iv. February 27 2001• Conditional Public Report v. June 27,2001: Final Public Report vi. June 30—December 30,2001: First Right o Atefusa]Period 08/02/2000 11:17 619-5359301 LAW OFFICE OF LOFTIN PAGE 05 David Aleshire,Esq. August 2, 2000 Page 4 of 4 1f you have any questions regarding these matters,I will be on my cell phone,#619-316-6507. Sincere , L. Sue Loftin,Es . LSL:seb Law Offices of 4330 La Jolla Village Drive Suite 330 San Diego, California 92122-6203 Telephone: (858) 535-9380 Facsimile: (858) 535-9381 e-mail: Isllaw(cDpacbell net www.lawyers.com/sueloftin/­ July 14, 2000 Via Overnight Mail The Honorable Mayor Kleindienst, And Council Members 3200 Tahquitz Canyon Way, Palm Springs, California 92263-2743 Re: El Dorado Mobile Country Club Estates - TTM 28087 Proposed Resolution to Overturn Planning Commission Action, and Denying Application Pile No: ELD -450 Dear Honorable Mayor Kleindienst and Council Members: The Applicant El Dorado Palm Springs, Ltd., has reviewed the proposed Resolution prepared by City Attorney William Wynder and El Dorado Homeowners' Association, Inc., Attorney Donald Lincoln. The Applicant, for the record, hereby objects to the proposed Resolution to Overturn the Plalming Commission Action and to Deny the application for the subdivision of El Dorado Mobilehome Country Club Estates located in the City of Palm Springs at 6000 East Palm Canyon Drive on the basis that there is no pertinent factual nor applicable legal basis for said proposed denial, including, but not limited to the following: 1. First WHEREAS: The Applicant's name is misstated and shoidd be stated as "El Dorado Palm Springs, Ltd." 2. Fifth WHEREAS: The Planning Commission Hearing was continued to April 12, 2000 and then to May 10, 2000, at which time the matter was heard. 3. Eighth WHEREAS: A staff report was not, and has not been, served on the subdivider for the July 5, 2000 hearing. The Honorable Mayor Kleindienst And Council Members July 17,2000 Page 2 of 3 PILE NO: ELD-450 4. Section 1: a. Seventy three percent of the residents in the Park supported the conversion of the Park, and the support statements were incorporated as part of the application to the Sate of California for funds for loans to low income owners. The support statements did not provide the price of the Unit, but rather provided that the price would be set according to an appraisal. It is misleading and wrong to indicate that the residents did not support the conversion of the property to a condominium development. In addition under state law it is irrelevant whether the residents approve the proposed conversion. b. Doug Coltice and Mel Flach both testified as to the MPROP package, and the Attorney for the Opposition to the Conversion, Mr. Charles Prawdzik, Esq., provided in his July 5, 2000, 2:30 p.m. submittal a copy of the support statement. The Applicant hereby incorporates the MPROP package. c. Further, the Applicant does not support the other factual and none of legal conclusions stated in this section, including without limitation the concept of"condition(s) precedent." 5. Section 2: This section misstates the law as set forth in the referenced case. 6. Section 3: The subdivider/applicant has complied with Section 66427.5 of the California Government Code. 7. Section 4: a. The subdivider/applicant is not required to provide a fixed price at the time of the hearing on Section 66427.5, nor the precise rents. b. The subdivider/applicant has complied with Section 66427.5. c. The subdivider/applicant is entitled to the due process right to a clear statement of the basis for the decision by the City Council. Therefore, the phrase "...among other reasons..., " must be deleted and included in its stead the specific reasons for the denial of the applicant. S. Section 5: The subdivider/applicant disagrees with the legal conclusion contained herein. 9. Section 6: The subdivider/applicant did file with the City a "...legally sufficient `report on the impact of the conversion' as required by Section 66427.5(b)...." The Honorable Mayor Kleindienst And Council Members July 17,2000 Page 3 of 3 FILE NO: ELD-450 10. Section 7: The subdivider/applicant did provide "...to the residents a legally sufficient `report on the impact of the conversion' as required by Section 66427.5(c)...... 11. Section S: The subdivider/applicant has met the requirements of 66427.5 with the inclusion of the date September 30, 1999. Notwithstanding the foregoing, the subdivider/applicant did agree to change that date to the date of the issuance of the Final Public Report as explained by City Attorney Wynder at the hearing. The continued inclusion of the September 30, 1999 date in the Tenant Impact Report was a clerical error that, if given the opportunity, subdivider/applicant would have corrected. 12. Section 9: There is neither factual nor legal basis for this finding. 13. Required Finding: The Resolution must state the date on which the application was deemed complete by the City of Palm Springs, which date was December 3, 1999. The Applicant requests an opportunity to speak in opposition to the proposed Resolution to Overturn the Planning Commission's decision and to Deny the Application at the July 19, 2000 City Council hearing. Sincerely, LAW OFFICES OF L. SUE LOFTIN Bye L. Sue Loftin, Esq.% i LSL:seb Cc: William Wynder, Esq. David J. Aleshire, Esq. Steve Hayes, AIPC Trisa Sanders, City Clerk Charles A. Prawdzik, Esq. Donald Lincoln, Esq. Richard Close, Esq. James Goldstein for Applicant James and Associates, Arnie James LAW OFFICES GILCHRIST & BUTTER PROFESSIONAL CORPORATION WILSHIRE PALISADES BUILDING WELLS t'R O ENTER 1299 OCEAN AVENUE, SUITE 900 3SS SOUTH GRAND AVENUE, SUITE 4100 SANTA MONICA, CALIFORNIA 9 0401-10 0 0 LOS ANGELES, CALIFORNIA 9 0 0 71-15 6 0 TELEPHONE (3I0) 393-4000 TELEPHONE (2I3) 617-5000 TELECOPIER (310) 394-470C TELECOPIER (2I3) S346001 EMAIL: July 12, 2000 REPLI TO: RcloscDgrlawyels com Santa Monica VIA FACSIMILE, AND U.S.MA[L Mayor William G. Kleindienst and Members of the Palm Springs City Council P.O. Box 2743 Palm Springs, California 92263 To The Honorable William G. Kleindienst and Members of the Palm Springs City Council: This office represents El Dorado Palm Springs, Ltd. in the application for a Tentative Tract Map for subdivision, Application Number TTM 28087 (hereinafter, "the Application"). It has come to our attention that the City Council(hereinafter, "the Council")intends to hold a meeting which will be closed to the public tonight, July 12, 2000 regarding the Application. The intended closed meeting will he in violation of the Brown Act (Gov. Code, § 94950 et seq.) which requires that all meetings of the legislative body of a local agency shall be open and public, with very limited exceptions. (Gov. Code, § 94953.) The intended closed meeting may not properly be claimed to come within the terms of Goveinment Code section 94956.9(b)(1), a statutory exception to the requirement that legislative meetings be publicly held. First, closed sessions to confer with or receive advice from counsel may be held only where discussions in open session would prejudice the local agency. In the present case, the Council has already voted pertaining to the Application. The Council staff must next draft a formal resolution embodying that decision, which should be deliberated upon and approved or disapproved in open session. Unlike a situation in which a city might anticipate being sued in tort or contract, any litigation anticipated by the Council in this case would be a result of its legislative acts. Accordingly, there is no conceivable information to be discussed with legal council that would prejudice the Council if publicly aired. There should be no facts or circumstances regarding the Application and the Council's initial vote to disapprove it that are not publicly known and would be prejudicial to the Council if discussed publicly. If the Council contends there are such facts or circumstances, we apparently are facing a far more serious situation than we are presently aware. I <LAW OFFICES GILCHRIST & BUTTED PROFESSIONAL CORPORATION Mayor William G. Kleindienst and Members of the Palm Springs City Council July 12, 2000 Page 2 Second, Government Code section 54946.9(b)(1) recognizes as "facts and circumstances" upon which it may be determined that significant exposure to litigation exists as (A) facts and circumstances not yet known to a potential plaintiff, which need not be disclosed, (B) those including, but not limited to an accident, disaster, incident or transactional occurrence which are la-town to a potential plaintiff, which facts and circumstances shall be publicly stated on the agenda or amiounced, and(C) a claim under the Tort Claims act or written communication threatening litigation, which shall be available for public inspection. As there has been no written threat of litigation by our client and as our client is aware that the denial of the Application will warrant an administrative mandate, presumably the Council intends to rely upon subdivision(B). As previously stated, however, subdivision (B) is clearly intended to refer to threats of litigation in tort or contract for which there may be facts or infomlation that may appropriately remain confidential, and not to the present situation where all information regarding the decision on the Application should and must be public. Moreover, the Council has not stated on its agenda or announced any facts and circumstances that might result in litigation, but has merely referenced the Application. Accordingly, we demand the Council cancel its intended closed session as it is in violation of the Brown Act. If the Council believes the meeting is not a violation, we request a detailed explanation of any purported justification, including citations to specific subsections and subdivisions of any statutory authority. Sincerely, GILCM T &RUTTER Pr' ioi 1 Corporation Richard H. Close Of the Firm RHC:twc/49857.1/071200 3400.010 cc: David Aleshire, Esq. (By facsimile and mail) William Wynder, Esq. (By facsimile and mail) RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DENYING APPROVAL OF TENTATIVE TRACT MAP NO. 28087 TO JAMES F. GOLDSTEIN OF ELDORADO LIMITED PARTNERSHIP TO SUBDIVIDE THE EXISTING 377 SPACE ELDORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE ELDORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65 ACRES OF LAND AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R-MHP AND R-MHP ZONES, SECTION 29, AND MAKING FINDINGS IN SUPPORT THEREOF. --------------- WHEREAS, Mr. James F. Goldstein of El Dorado Limited Partnership (the "subdivider" or "applicant") filed an application with the City of Palm Springs ("city") pursuant to Palm Springs Municipal Code § 9.60 for Tentative Tract Map No. 28087 for the proposed subdivision of the 377-space, 50.65-acre, El Dorado Mobile Country Club for condominium purposes, located at 6000 East Palm Canyon Drive, W-R-MHP and R-MHP zones, Section 29; and WHEREAS, said application 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 public hearing before the Planning Commission of the City of Palm Springs to consider applicant's application for Tentative Tract Map No. 28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the Subdivision Map Act, a staff report was served on the subdivider and the representatives of the El Dorado Mobile Homeowners Corporation (representing the "residents") at least three days before the Planning Commission public hearing; and WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by and before the Planning Commission in accordance with applicable law; and WHEREAS, on May 10, 2000, the Planning Commission recommended, by a vote of 5-1-1, to approve and forward to the City Council Tentative Tract Map No. 28087 subject to the conditions contained in Planning Commission Resolution No. 4691; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given in accordance with 268/014084-0026 954I7.01 a07/I I/00 applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Homeowners Corporation (representing the "tenants") at least three days before the City Council public hearing; and WHEREAS, on July 5, 2000, a public hearing on the application for Tentative Tract Map No. 28087 came on for hearing by and before the City Council in accordance with applicable law; and WHEREAS, following the conclusion of the public hearing of July 5, 2000, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the application, including, but not limited to, the oral and written staff report and City Attorney report, and all written and oral testimony presented in support of and in opposition to the application: NOW, THEREFORE, AND BASED UPON SUBSTANTIAL EVIDENCE FROM THE PUBLIC HEARING, THE CITY COUNCIL HEREBY FINDS AND DETERMINES AS FOLLOWS: Section 1: In its application before the City, subdivider indicates an intent to convert the El Dorado Mobile Country Club to "resident ownership" pursuant to Section 66427.5 of the Subdivision Map Act. According to substantial evidence presented at the public hearing, the legislative intent in adopting Section 66427.5 of the Subdivision Map Act indicates that such Section was intended to be applicable to mobilehome park conversions which are supported by and/or controlled by residents of the mobilehome park. At the public hearing before City Council, not a single resident of El Dorado Mobile Country Club spoke in support of subdivider's application for conversion. To the contrary, all representatives of the mobilehome park residents voiced unanimous opposition to subdivider's conversion application. Accordingly, there is substantial evidence taken from the public hearing to indicate that, absent support from the residents of the mobilehome park in question, the condition(s) precedent to conversion set forth in the legislative history of Section 66427.5 has(ve)not been satisfied. Section 2: The leading case of Donahue v. Santa Paula West Mobile Home Park, 47 Cal.App.4`h 1168 (1996), stands for the proposition that Section 66427.5 is not applicable to an unsuccessful conversion of a mobile home park to resident ownership. At least one other City, Union City, has adopted a local ordinance which provides that for purposes of Section 66427.5 a successful conversion to resident ownership does not occur until 5 1% of the spaces have been purchased by existing park residents. Absent support of the residents for mobilehome park conversion, Section 66427.5 should be applied so as to prevent hardship and economic displacement such that an applicant's request for conversion be deemed legally insufficient absent an agreement that conversion from local rent control to 268/014084-0026 95417 01 a07/11/00 -2- state-law rent control occur, if at all, only following the sale of fifty percent (50%) plus one of the proposed condominium units. Since subdivider is unwilling to so condition the pending application, City Council finds and determines the application to be legally insufficient for lack of such agreement. Section 3: Even if, for the sake of argument, Section 66427.5 is applicable to a resident opposed mobilehome conversion, City Council finds and determines that the Tentative Map must be disapproved because subdivider has failed to comply with (1) the requirement that the subdivider must offer each existing tenant ("resident") the option to purchase his or her condominium or subdivided unit (Section 66427.5(a)), and (2) the requirement that the subdivider file with the City and make available to each resident a legally sufficient report on the impact (the "Tenant Impact Report" or "TIR") of the conversion on the residents (Section 66427.5(b) and (c)). Section 4: The TIR is legally insufficient because, among other reasons, it fails to disclose either the estimated price of the proposed subdivided units or the estimated rents which would be charged to non-purchasing residents (those residents who are not "lower income households"). This failure to disclose is inconsistent with Donahue, supra, 47 Cal.App.4`h at 1176, which mandates that,pursuant to Section 66427.5 of the Subdivision Map Act, at the time of filing of a tentative map "the subdivider must inform local government of the rent increases it expects to enact after conversion." The failure to disclose is also inconsistent with Business & Professions Code § 11010.9, which requires the subdivider to disclose the tentative price of the subdivided interest prior to filing an application for a public report and with the legislative history of Senate Bill No. 310 (which included both Sections 66427.5 and 11010.9), which indicates an intent to "require the subdivider to disclose a tentative price at the beginning of the conversion process." Section 5: The absence of such price and rental information makes it impossible for the residents to meaningfully evaluate either their right to purchase their subdivided unit or their right to continue residency as a tenant. Therefore, City Council finds and determines that applicant has failed to make the meaningful "offer"required by Section 66427.5(a) of the Subdivision Map Act, and disapproves the Tentative Map on that ground. Section 6: The absence of such price and rental information makes it impossible for City Council to determine the impact of the proposed subdivision conversion upon the residents. Therefore, City Council finds and determines that applicant has failed to file a legally sufficient "report on the impact of the conversion" required by Section 66427.5(b) of the Subdivision Map Act, and disapproves the Tentative Map on that ground. Section 7: The absence of such price and rental information also makes it impossible for residents to determine the impact of the proposed subdivision conversion upon themselves. Therefore, City Council finds and determines that applicant has failed to make available to the residents a legally sufficient "report on the impact of the 268/014084-0026 95417.01 a07/11/00 -3- ;IY, a3 conversion" as required by Section 66427.5(c) of the Subdivision Map Act, and disapproves the Tentative Map on that ground. Section 8: In the "Tenant Impact Report," applicant indicated that certain "rent" provisions, based on Section 66427.5, are only applicable to persons who were park residents as of September 30, 1999. On its face, Section 66427.5 applies to all "non- purchasing residents." Therefore, City Council finds and determines that since applicant's "Tenant Impact Report" contained the above error it is legally insufficient in that applicant failed to comply with Sections 66427.5(b) and (e) of the Subdivision Map Act, and the Tentative Map is disapproved on that ground. Section 9: Finally, City Council finds and determines that, as a result of the above-mentioned legal insufficiencies in the pending application, City Council cannot make the required findings concerning the impact of the subdivision on the housing needs of the region, how to balance these needs against the needs of the affected residents and available fiscal and environmental resources, and whether the approval of the subdivision is otherwise most consistent with the City's obligations pursuant to its police powers to protect the public health, safety and welfare, and the Tentative Map is disapproved on that ground. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby disapproves Tentative Tract Map No. 28087. ADOPTED this day of 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Manager City Clerk REVIEWED AND APPROVED: 268/014084-0026 95417.01 a07/11/00 -4- on a ► RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING, SUBJECT TO THE CONDITIONS STATED, TENTATIVE TRACT MAP NO. 28087 TO JAMES F. GOLDSTEIN OF EL DORADO LIMITED PARTNERSHIP FOR A PROPOSED TENTATIVE TRACT MAP TO SUBDIVIDE THE EXISTING 377 SPACE EL DORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE EL DORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65ACRES OF LAND AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R- MHP AND R-MHP ZONES,,SECTION 29, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Mr.James F. Goldstein of El Dorado Limited Partnership, (the"applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map No. 28087 for a proposed subdivision of the 377 space, 50.65 acre El Dorado Mobile Country Club for condominium purposes,6000 East Palm Canyon Drive,W- R-MHP and R-MHP zones, Section 29; and WHEREAS, said application 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 public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report was served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the Planning Commission public hearing; and WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 10, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 subject to the conditions contained in Planning Commission Resolution No. 4691; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No.28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and �c e� WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, on July 5, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the City Council in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on July 5, 2000,the City Council directed City staff to prepare a Resolution of Denial for consideration of the City Council at the regularly scheduled July 19, 2000 City Council meeting; and WHEREAS, on July 19, 2000, City Council continued the matter to allow for a subcommittee of the City Council to meet with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association; and WHEREAS, on July 27, 2000, the subcommittee of the City Council met with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association in an effort to reach consensus on the outstanding issues surrounding this application; and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, the proposed Tentative Tract Map No. 28087 is considered categorically exempt from the terms of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities); and WHEREAS,pursuantto Government Code Section 66412.3,the Planning Commission has previously considered and the City Council has considered the effect of the proposed subdivision, Tentative Tract Map No. 28087, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, at the conclusion of its meeting on August 2, 2000, the City Council recommended approval of Tentative Tract Map No. 28087 subject to the findings herein and conditions as stated in Exhibit A; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: In that the proposed condominium conversion does not contemplate any additional development on the property or to alter the physical characteristics of the El Dorado Mobile Country Club, the proposed subdivision is exempt from the provisions of CEQA per Section 15301 (Existing Facilities). Section 2: Pursuant to Section 9.62 of the Palm Springs Municipal Code, the California Subdivision Map Act and Zoning Ordinance Section 9207.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Tentative Tract Map/Condominium Conversion is authorized; b. Pursuant to the Zoning Ordinance, a Tentative Tract Map facilitating a condominium conversion is authorized by the City's Zoning Ordinance within the R-MHP and W-R-MHP zones; C. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, and is in compliance with all applicable provisions of Section 9207.00 of the Zoning Ordinance(Residential Mobile Home Park Zone)and other applicable provisions of the Zoning Ordinance; e. The use applied for will not adversely affect the City's housing stock; and f. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives policies and federal land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. Pursuant to the General Plan, the proposed subdivision map is consistent with the density, goals policies and objectives for medium density residential development applicable to the property in question. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements design strategies and policies as referenced in the City of Palm Springs General Plan for medium density residential development. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The existing El Dorado Mobile Country Club was completed in 1971 as a 377 space mobile home park with common recreational amenities on 50.65 acres of land and was built in compliance with the development standards of Zoning Ordinance in effect at the time for mobile home parks. With the recommended Conditions of Approval specified in this Resolution, the subdivision meets all applicable development criteria specified for the R-MHP and W-R-MHP zones in the Zoning Ordinance. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within a R-MHP and W-R-MHP zoning classifications and designated M15 by the City of Palm Springs General Plan. According to the General Plan, a medium density development not to exceed 15 units per acre should be provided on the property. The existing mobile home park was constructed at a density of approximately 7.44 dwelling units per acre, in compliance with the density provisions of the General Plan. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife ortheir habitat. In that the site of the proposed condominium conversion is already developed and the subdivision application does not contemplate any additional development on the property, the application is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). f. The design of the subdivision or improvements is not likely to cause serious public health problems. In conjunction with the application, the repair of on-site deteriorated asphalt areas and curbing through an unsecured improvement agreement and requiring the gated access on Bolero Road to be upgraded will be required to be addressed prior to recordation of the final map. With these conditions in place, the design of the subdivision or improvements is not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The project will not conflict with the existing traffic flow adjacent to the property along East Palm Canyon Drive or Bolero Road or access to utilities required to serve the subdivision and the immediate area. h. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The off-site improvements,which are required bythe Zoning Ordinance, are related to the project to provide needed services and access for future residents of the site and will benefit the public at large. Within the Circulation Element of the City's General Plan, a 101-foot wide half street (44 feet from centerline to curb face and including a frontage road) is specified for East Palm Canyon Drive across the project frontage. However, immediately adjacent to the east and the west of the site are lands within the City of Cathedral City, where a 55-foot wide half street right of way (without a frontage road) is specified for East Palm Canyon Drive per the City of Cathedral City General Plan. Currently, the East Palm Canyon Drive project frontage includes at 38-foot wide street section (from centerline of street to face of curb) and a total half street right- of-way of 55 feet. Adjacent properties within the City of Cathedral City on the north side of East Palm Canyon Drive have a half street pavement width of approximately 44 feet within the right-of-way. If required to be extended across the project frontage, an expansion to the ultimate Palm Springs right-of-way standards could not physically serve to benefit the public at large with an expanded right-of-way as specifically intended per the City of Palm Springs General Plan. This is the only property within the City of Palm Springs along East Palm Canyon Drive where such a situation could occur. Conditions requiring the future street pavement expansion to 44 feet via covenant will serve to provide a matching street section with adjacent properties in Cathedral City for the future. Therefore, with this condition, the circulation goals, objectives and policies of the General Plan would not be effected by this specific modification to the right-of-way along East Palm Canyon Drive. Conditions requiring repair or replacement of broken or off-grade curb, gutter and pavement on East Palm Canyon Drive and Bolero Road are necessary to protect pedestrians from trip and fall accidents along these streets. Conditions requiring the developer to accept all flows impinging upon land into an approved drainage structure is a "safeguard" condition for informational purposes. The condition requiring the project to conform with Federal Emergency Management Act (FEMA) and City of Palm Springs Flood Hazard Ordinance is again primarily for informational purposes forthe prospective condominium owners. The State of California is responsible for administering these requirements to protect residents from any potential flood hazards. Conditions relating to the on-site pavement section standard provides a basis for an all-weather, safe roadway condition that will prove durable and able to withstand normal traffic conditions for a number of years. Section 6: Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and Section 7: Pursuant to California Subdivision Map Act Section 66427, 66451, 66452 and Palm Springs Municipal Code Section 4.08.130, the City Council has determined that the applicationwas noticed in accordancewith all applicable provisions and will also require: i a. That each tenant and each person applying for the rental of a unit has received all applicable notices and rights now or hereafter required by Section 66427 and in Chapter 3 of the California Subdivision Map Act (commencing with Section 66451); b. That each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; C. That each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; d. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and e. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map No. 28087, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless other specified. ADOPTED this day of , 2000, AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED: RESOLUTION NO. EXHIBIT A Tentative Tract Map No. 28087 El Dorado Mobile Country Club 6000 East Palm Canyon Drive August 2, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designees, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The proposed development is subject to all applicable provisions of the California Subdivision Map Act, including but not limited to, Government Code Sections 66427.1, 66427.5, 66428.1, 66451 and 66452, and evidence of compliance therewith shall be submitted to the Director of Planning and Building, as required by law. 1b. The subdivider shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map No. 28087. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, 'shall not cause a waiver of the indemnification rights herein. 2. For purposes of establishing applicable space rental rates pursuant to Government Code Section 66427.6,the"Map Act Rent Date"shall be the date of the close of escrow on the sale of not less than 120 units (or lots). The Map Act Rent Date is not applicable to any other right, benefit, or obligation under the Subdivision of the Property. 3. The subdivider shall establish the unit (or lot) sales price by an appraisal done in accordance with nationally recognized professional appraisal standards and performed by the firm of Anderson &Brabant to be paid for by subdivider. Not more than three(3) members of the Board of Directors of El Dorado Mobile Club Homeowners Association, Inc. shall be entitled to periodically meet and conferwith the appraisal firm for purposes of providing information to be utilized in preparing the appraisal. 4. The subdivider shall comply with the rental rate increase provisions of Section 66427.5(d)(1) and (d)(2) of the California Subdivision Map Act, as follows: 4a. As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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; and 4b. As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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. 5. The subdivider shall comply with the findings and recommendations of the Tenant Impact Report prepared for the condominium conversion of the El Dorado Mobile Country Club, including, but not limited to: 5a. The resident(s) will be given the choice to buy the space on which their mobilehome is situated or to continue tenancy in the park pursuant to the provisions of the Tenant Impact Report; 5b. Rent increases will be regulated in accordance with the provisions of Section 66427.5 of the California Subdivision Map Act and the Mobile home Park Residence Assistance Program (MPROP) regulation 8020; 5c. Section 1.2 of the Tenant Impact Report is hereby amended by deleting the phrase "...is heard by the Palm Springs Planning Commission, or September 30, 1999, which ever occurs first..." and replacing it with the phrase"the issuance of the Final Public Report." 5d. The subdivider shall not terminate any tenancies and existing leases or require that the residents vacate the property, after the"Map Act Rent Date" (specified above in Condition No. 2). Non-purchasing residents will not be required to vacate their space and will have occupancy rights subject to the Lease or written Rental Agreement, Mobilehome Residency Law and California Law, as applicable, such that there will be no. eviction displacement as a result of the proposed subdivision; i 5e. The effective date of"Map Act Rents" (Section 66427.5 (d)(1) and (d)(2), specified above in Condition No. 3)shall be that of the"Map Act Rent Date' (specified above in Condition No. 2); 5f. As part of the distribution of the Final Public Report, the leases and qualifying information shall be simultaneously distributed and the residents shall have 180 days within which to make their election to purchase or to execute the new leases. If the resident does not want to execute a lease but does want to continue renting his/her space, then the resident may do so under a month-to-month or one-year written rental agreement; 5g. The right of first refusal shall be the passage of six consecutive calendar months from the issuance and delivery of the Final Public Report by the Department of Real Estate. 6. The subdivider shall comply will all future noticing requirement specified in the California Subdivision Map Act, Section 66427.1, as follows: 6a. Each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; 6b. Each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; 6c. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and 6d. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. 7. To insure a fair and equitable establishment of the tentative price for the sale of each proposed subdivided lot within the El Dorado Mobile Country Club, prior to the effective date of conversion, the subdivider shall comply with all provisions in Sections 11010, 11010.9, and Chapter 6, of Article 12, commencing with Section 2970, of the California Code of Regulations including, but not limited to, the obligation to notify each homeowner or resident of the mobile home park of the tentative price of the proposed subdivided interest to be sold, as required by Section 11010.9(a) of the Business and Professions Code, disclosure of all conditions of the tentative price, as required by Section 11010.9(b) and (c) of the Business and Professions Code, and to strictly comply with each of the disclosure provisions specified in Section 11010(b)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (15) of the California Business and Professions Code. 6. Non-purchasing residents of El Dorado Mobile Country Club shall be protected by the provisions of Chapter 4.08 of the Palm Springs Municipal Code (Rent Control), until such time of the "Map Act Rent Date", as defined in Condition No. 2. 9. All applicable original conditions of approval from Resolutions pertaining to the development of the El Dorado Mobile Country Club are still in full force and effect. 10. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. _ The applicant shall submit to the City of Palm Springs, an additional deposit in the amount of$5,000.00, for the review of the CC&R's by the City Attorney. 11. The gated access on Bolero Road shall be upgraded to the satisfaction of the Director of Planning and Building and the City Engineer. A site plan, landscape/irrigation plan and all necessary gate information(i.e.the design, height, texture and color) shall be submitted for review and approval of the Director of Planning and Building and the City Engineer prior to recordation of the final map. 12. Provisions for repair of areas of deteriorated asphalt and curbing within the interior of the project only shall be provided through an unsecured improvement agreement, to the satisfaction of the Director of Planning and Building and the City Engineer, prior to recordation of the final map. 13. If a third party(other than the tenant) buys a lot, the original tenant may continue to rent from the third party, as long as such tenant wishes to remain a resident, and subject to the rental rate limitation specified by Section 66427.5 of the California Subdivision Map Act or Section 4.08.130 of the Palm Springs Municipal Code, as applicable. 14. Under no circumstances shall there be more than one mobile home per lot. 15. The property shall be maintained in accordance with Section 9319.00 of the Zoning Ordinance. 16. The applicant shall provide all tenants with Conditions of Approval of this project. 17. The subdivider shall afford the following financial assistance to the following categories of residents of the mobile home park: 17a. For all year-round residents of the mobile home park who meet the criteria of median income households, as that term is defined in the State of California Department of Housing and Community Development Mobilehome Park Resident Ownership Program (MPROP), the sum of$6,000.00 to be utilized in purchasing a unit(or lot); or 17b. For all residents of the mobile home park who meet the criteria of lower income households,as defined in Section 50079.5 of the Health &Safety Code,the sum of$3,000.00 to be utilized in purchasing a unit (or lot); 17c. For all other residents of the Mobile home park, the sum of$2,000.00 to be utilized in purchasing a unit(or lot). POLICE DEPARTMENT: 18. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 19. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 11 and 20 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Final Tract Map. The Final Tract Map will not be approved until completion of the covenant. PALM CANYON DRIVE EAST 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 3. Construct an 8 inch curb and gutter,44 feet NORTHEAST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Construct an 8 foot cross gutter and spandrel at the intersection of PALM CANYON DRIVE EAST(HWY. 111)and MAIN ENTRANCE with a flow line parallel to the centerline of PALM CANYON DRIVE EAST (HWY. 111) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 5. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 32 feet to accommodate a curb ramp. 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a curb ramp meeting current California State Accessibility standards on both sides of the MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard'Drawing No. 110 and 355. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. BOLERO ROAD 10. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement,to the satisfaction of the City Engineer. GRADING 11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters or provided for via an improvement agreement, to the satisfaction of the City Engineer. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 13. The owner shall notice all residents and prospective residents as part of the Final Public Report to the Department of Real Estate that the southern two- thirds approximately, of this property is in Federal Insurance Rate Map (FIRM) zone AO(3) and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 14. The elevation of the mobile homes in the AO (3) zone shall meet the requirements of the State relative to mobile homes in a special flood hazard area and shall be revised if necessary to conform to FEMA standards. M f GENERAL 15. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 16. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 17. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 18. Developer shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act, as applicable. 19. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made upon approval by City Council of the Tentative Map. TRAFFIC 20. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture,fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk orshall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE EAST (HWY. 111) frontage of the subject property. 21. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING, SUBJECT TO THE CONDITIONS STATED, TENTATIVE TRACT MAP NO. 28087 TO JAMES F. GOLDSTEIN OF EL DORADO LIMITED PARTNERSHIP FOR A PROPOSED TENTATIVE TRACT MAP TO SUBDIVIDE THE EXISTING 377 SPACE EL DORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE EL DORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65ACRES OF LAND AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R- MHP AND R-MHP ZONES, SECTION 29, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Mr.James F. Goldstein of El Dorado Limited Partnership, (the"applicant")has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map No. 28087 for a proposed subdivision of the 377 space, 50.65 acre El Dorado Mobile Country Club for condominium purposes, 6000 East Palm Canyon Drive,W- R-MHP and R-MHP zones, Section 29; and WHEREAS, said application 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 public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report was served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the Planning Commission public hearing; and WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 10, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PE) 260) and Tentative Tract Map No. 29691 subject ` to the conditions contained in Planning Commission Resolution No. 4691; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to 0` consider Applicant's application for Tentative Tract Map No.28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California U Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, on July 5,2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the City Council in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on July 5, 2000,the City Council directed City staff to prepare a Resolution of Denial for consideration of the City Council at the regularly scheduled July 19, 2000 City Council meeting; and WHEREAS, on July 19, 2000, City Council continued the matter to allow for a subcommittee of the City Council to meet with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association; and WHEREAS, on July 27, 2000, the subcommittee of the City Council met with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association in an effort to reach consensus on the outstanding issues surrounding this application; and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, the proposed Tentative Tract Map No. 28087 is considered categorically exempt from the terms of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities); and WHEREAS, pursuantto Government Code Section 66412.3,the Planning Commission has previously considered and the City Council has considered the effect of the proposed subdivision, Tentative Tract Map No. 28087, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, at the conclusion of its meeting on August 2, 2000, the City Council recommended approval of Tentative Tract Map No. 28087 subject to the findings herein and conditions as stated in Exhibit A; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: In that the proposed condominium conversion does not contemplate any additional development on the property or to alter the physical characteristics of the El Dorado Mobile Country Club, the proposed subdivision is exempt from the provisions of CEQA per Section 15301 (Existing Facilities). Section 2: Pursuant to Section 9.62 of the Palm Springs Municipal Code, the California Subdivision Map Act and Zoning Ordinance Section 9207.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Tentative Tract Map/Condominium Conversion is authorized; b. Pursuant to the Zoning Ordinance, a Tentative Tract Map facilitating a condominium conversion is authorized by the City's Zoning Ordinance within the R-MHP and W-R-MHP zones; C. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, and is in compliance with all applicable provisions of Section 9207.00 of the Zoning Ordinance(Residential Mobile Home Park Zone)and other applicable provisions of the Zoning Ordinance; e. The use applied for will not adversely affect the City's housing stock; and f. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives policies and federal land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. 1 Pursuant to the General Plan, the proposed subdivision map is consistent with the � density, goals policies and objectives for medium density residential development applicable to the property in question. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements design strategies and policies as referenced in the City of Palm Springs General Plan for medium density residential development. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The existing El Dorado Mobile Country Club was completed in 1971 as a 377 space mobile home park with common recreational amenities on 50.65 acres of land and was built in compliance with the development standards of Zoning Ordinance in effect at the time for mobile home parks. With the recommended Conditions of Approval specified in this Resolution, the subdivision meets all applicable development criteria specified for the R-MHP and W-R-MHP zones in the Zoning Ordinance. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within a R-MHP and W-R-MHP zoning classifications and designated M15 by the City of Palm Springs General Plan. According to the General Plan, a medium density development not to exceed 15 units per acre should be provided on the property. The existing mobile home park was constructed at a density of approximately 7.44 dwelling units per acre, in compliance with the density provisions of the General Plan. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage orsubstantially and unavoidably injure fish orwildlife ortheir habitat. In that the site of the proposed condominium conversion is already developed and the subdivision application does not contemplate any additional development on the property, the application is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). f. The design of the subdivision or improvements is not likely to cause serious public health problems. In conjunction with the application, the repair of on-site deteriorated asphalt areas and curbing through an unsecured improvement agreement and requiring the gated access on Bolero Road to be upgraded will be required to be addressed prior to recordation of the final map. With these conditions in place, the design of the subdivision or improvements is not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. �� O The project will not conflict with the existing traffic flow adjacent to the property along East Palm Canyon Drive or Bolero Road or access to utilities required to \2 serve the subdivision and the immediate area. '�� h. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The off-site improvements,which are required by the Zoning Ordinance, are related to the project to provide needed services and access for future residents of the site and will benefit the public at large. Within the Circulation Element of the City's General Plan, a 101-foot wide half street (44 feet from centerline to curb face and including a frontage road) is specified for East Palm Canyon Drive across the project frontage. However, immediately adjacent to the east and the west of the site are lands within the City of Cathedral City, where a 55-foot wide half street right of way (without a frontage road) is specified for East Palm Canyon Drive per the City of Cathedral City General Plan. Currently, the East Palm Canyon Drive project frontage includes at 38-foot wide street section (from centerline of street to face of curb) and a total half street right- of-way of 55 feet. Adjacent properties within the City of Cathedral City on the north side of East Palm Canyon Drive have a half street pavement width of approximately 44 feet within the right-of-way. If required to be extended across the project frontage, an expansion to the ultimate Palm Springs right-of-way standards could not physically serve to benefit the public at large with an expanded right-of-way as specifically intended per the City of Palm Springs General Plan. This is the only property within the City of Palm Springs along East Palm Canyon Drive where such a situation could occur. Conditions requiring the future street pavement expansion to 44 feet via covenant will serve to provide a matching street section with adjacent properties in Cathedral City for the future. Therefore, with this condition, the circulation goals, objectives and policies of the General Plan would not be effected by this specific modification to the right-of-way along East Palm Canyon Drive. Conditions requiring repair or replacement of broken or off-grade curb, gutter and pavement on East Palm Canyon Drive and Bolero Road are necessary to protect pedestrians from trip and fall accidents along these streets. Conditions requiring the developer to accept all flows impinging upon land into an approved drainage structure is a "safeguard" condition for informational purposes. The condition requiring the project to conform with Federal Emergency Management Act (FEMA) and City of Palm Springs Flood Hazard Ordinance is again primarily for informational purposes for the prospective condominium owners. The State of California is responsible for administering these requirements to protect residents from any potential flood hazards. Conditions relating to the on-site pavement section standard provides a basis for an all-weather, safe roadway condition that will prove durable and able to withstand normal traffic conditions for a number of years. Section 6: Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and Section 7: Pursuant to California Subdivision Map Act Section 66427, 66451, 66452 and Palm Springs Municipal Code Section 4.08.130, the City Council has determined that the application was noticed in accordance with all applicable provisions and will also require: a. That each tenant and each person applying for the rental of a unit has received all applicable notices and rights now or hereafter required by Section 66427 and in Chapter 3 of the California Subdivision Map Act (commencing with Section 66451); b. That each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; C. That each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; d. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and e. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public orterms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map No. 28087, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless other specified. ADOPTED this day of , 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED: PW //� Jy�l' RESOLUTION NO. EXHIBIT A Tentative Tract Map No. 28087 El Dorado Mobile Country Club 6000 East Palm Canyon Drive August 2, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning,the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The proposed development is subject to all applicable provisions of the California Subdivision Map Act, including but not limited to, Government Code Sections 66427.1, 66427.5, 66428.1, 66451 and 66452, and evidence of compliance therewith shall be submitted to the Director of Planning and Building, as required by law. 1 b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map No. 28087. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. n 2. For purposes of establishing applicable space rental rates pursuant to Government Code Section 66427.5, the "Map Act Rent Date" shall be the earlier of the close of escrow of the 5011 space or the passage of six (6) consecutive calendar months from the date of issuance and delivery of the Final Public Report by the Department of Real Estate. 3. The subdivider shall comply with the rental rate increase provisions of Section 66427.5(d1 and d2) of the California Subdivision Map Act, as follows: — As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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; and — As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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. 4. The subdivider shall comply with the findings and recommendations of the Tenant Impact Report prepared for the condominium conversion of the El Dorado Mobile Country Club, including, but not limited to: — The resident(s) will be given the choice to buy the space on which their mobilehome is situated or to continue tenancy in the park pursuant to the provisions of the Tenant Impact Report; Rent increases will be regulated in accordance with the provisions of Section 66427.5 of the California Subdivision Map Act and the Mobilehome Park Residence Assistance Program (MPROP) regulation 8020; The subdivider shall not terminate any tenancies and existing leases or require that the residents vacate the property, afterthe"Map Act Rent Date" (specified above in Condition No. 2). Non-purchasing residents will not be required to vacate their space and will have occupancy rights subject to the Lease or written Rental Agreement, Mobilehome Residency Law and California Law, as applicable, such that there will be no eviction displacement as a result of the proposed subdivision; The effective date of "Map Act Rents" (Section 66427.5 (d1 and d2, specified above in Condition No. 3)shall be that of the"Map Act Rent Date' (specified above in Condition No. 2); — As part of the distribution of the Final Public Report, the leases and qualifying information shall be simultaneously distributed and the residents shall have 180 days within which to make their election to purchase or to execute the new leases. If the resident does not want to execute a lease ��° 1 but does want to continue renting his/her space, then the resident may do so under a month-to-month or one-year written rental agreement; C�YC 0 The right of first refusal shall be the passage of six consecutive calendar months from the issuance and delivery of the Final Public Report by the Department of Real Estate. 5. The subdivider shall comply will all future noticing requirement specified in the California Subdivision Map Act, Section 66427,1, as follows: Each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; — Each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and — Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. 6. To insure a fair and equitable establishment of the tentative price for the sale of each proposed subdivided lot within the El Dorado Mobile Country Club, prior to the effective date of conversion, the subdivider shall comply with all provisions in Sections 11010, 11010.9, and Chapter 6, of Article 12, commencing with Section 2970, of the California Code of Regulations including, but not limited to, the obligation to notify each homeowner or resident of the mobile home park of the tentative price of the proposed subdivided interest to be sold, as required by Section 11010.9(a) of the Business and Professions Code, disclosure of all conditions of the tentative price, as required by Section 11010.9(b) and (c) of the Business and Professions Code, and to strictly comply with each of the disclosure provisions specified in Section 11010(b)(1), (2), (3). (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (15) of the California Business and Professions Code. 7. Non-purchasing residents of El Dorado Mobile Country Club shall be protected by the provisions of Chapter 4.08 of the Palm Springs Municipal Code (Rent Control), until such time of the "Map Act Rent Date", as defined in Condition No. 2. 8. All applicable original conditions of approval from Resolutions pertaining to the development of the El Dorado Mobile Country Club are still in full force and effect. 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the 11 City, shall not be amended without City approval, shall require maintenance of all r! property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, an additional deposit in the a�� amount of$5,000,00, for the review of the CC&R's by the City Attorney. 10. The gated access on Bolero Road shall be upgraded to the satisfaction of the Director of Planning and Building and the City Engineer. A site plan, landscape/irrigation plan and all necessary gate information (i.e.the design, height, texture and color) shall be submitted for review and approval of the Director of Planning and Building and the City Engineer prior to recordation of the final map. 11. Provisions for repair of areas of deteriorated asphalt and curbing within the interior of the project only shall be provided through an unsecured improvement agreement, to the satisfaction of the Director of Planning and Building and the City Engineer, prior to recordation of the final map. 12. If a third party (other than the tenant) buys a lot,the original tenant may continue to rent from the third party, as long as such tenant wishes to remain a resident, and subject to the rental rate limitation specified by Section 66427.5 of the California Subdivision Map Act or Section 4.08.130 of the Palm Springs Municipal Code, as applicable. 13. Under no circumstances shall there be more than one mobile home per lot. 14, The property shall be maintained in accordance with Section 9319.00 of the Zoning Ordinance. 15. The applicant shall provide all tenants with Conditions of Approval of this project. 16. If at such time a formal "Agreement' or "Settlement Agreement' is reached between the subdivider and tenants of the El Dorado Mobile Country Club that effects any of the above referenced Planning Division Conditions of Approval for the subdivision, including, but not limited to, the "Conversion Date (Map Act Rent Date)", the establishment of "market rate" rent and the "sales price", said Agreement shall be reviewed by the City Attorney and Director of Planning and Building for compliance with all applicable sections of the California Subdivision Map Act, California Government Code, Business and Professions Code and other applicable State or local law and, if acceptable to the City Attorney and Director of Planning and Building, supercede said conditions of approval. The terms and conditions of the existing Draft"Settlement Agreement' available at the City Council meeting of this date shall be distributed to the Homeowners Association and all members thereof in a form that is capable of being accepted by the parties prior to the time the City Council acts on the Final Map. If not accepted by both parties prior to City Council action on the Final Map, this condition shall be null and void. 16A. As an alternative to item Condition16 above, the subdivider shall comply with all applicable provisions specified in Section 66427.4 of the California Subdivision Map Act and/or Section 4.08.130 of the Palm Springs Municipal Code, including, but not limited to: — Providing tenants with a six month "Notice of Termination", which would allow the opportunity for residents to decide whether to purchase their lots p or to relocate. The six month period shall begin at the time the Final Public cX� Report is issued by the Department of Real Estate; and pC — Payment by the subdivider of relocation benefits for those mobile home 00 owners who move their mobile homes, as follows: — Six-thousand($6,000.00)dollars for spaces occupied by single wide mobile homes; — Twelve-thousand ($12,000.00) dollars for spaces occupied by double wide mobile homes; and — Fifteen-thousand ($15,000.00)dollars for spaces occupied by triple wide mobile homes. Said sums shall be adjusted by the percentage increase in the Consumer Price Index since January, 1989. A decision to select either option specified under Condition 16 or 16A shall be considered by the residents of El Dorado Mobile Country Club within 60 days of approval of the Tentative Tract Map by the City Council. If neither of these options is pursued,the special conditions specified under Planning Division Conditions 2,4, 6 and 7 shall apply to this project (All other Planning Division Conditions shall apply to this project under any scenario). POLICE DEPARTMENT: 17. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 18. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 11 and 20 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Final Tract Map. The Final Tract Map will not be approved until completion of the covenant. PALM CANYON DRIVE EAST 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 3. Construct an 8 inch curb and gutter,44 feet NORTHEAST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Construct an 8 foot cross gutter and spandrel at the intersection of PALM CANYON DRIVE EAST(HWY. 111)and MAIN ENTRANCE with a flow line parallel to the centerline of PALM CANYON DRIVE EAST (HWY. 111) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 5. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 32 feet to accommodate a curb ramp. 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a curb ramp meeting current California State Accessibility standards on both sides of the MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 355. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. BOLERO ROAD 10. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. GRADING 1 r� " 11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' � wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters or provided for via an improvement agreement, to the satisfaction of the City Engineer. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 13. The owner shall notice all residents and prospective residents as part of the Final Public Report to the Department of Real Estate that the southern two- thirds approximately, of this property is in Federal Insurance Rate Map (FIRM) zone AO(3) and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 14. The elevation of the mobile homes in the AO (3) zone shall meet the requirements of the State relative to mobile homes in a special flood hazard area and shall be revised if necessary to conform to FEMA standards. GENERAL 15. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 16. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 17. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 18. Developer shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act, as applicable. 19. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made upon approval by City Council of the Tentative Map. TRAFFIC 20. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture,fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through o dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE EAST (HWY. 111) frontage of the subject property. CQ C 3 21. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. �� YC r, RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING, SUBJECT TO THE CONDITIONS STATED, TENTATIVE TRACT MAP NO. 28087 TO JAMES F. GOLDSTEIN OF EL DORADO LIMITED PARTNERSHIP FOR A PROPOSED TENTATIVE TRACT MAP TO SUBDIVIDE THE EXISTING 377 SPACE EL DORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE EL DORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65ACRES OF LAND - AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R- MHP AND R-MHP ZONES, SECTION 29, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Mr. James F. Goldstein of El Dorado Limited Partnership, (the"applicant")has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map No. 28087 for a proposed subdivision of the 377 space, 50.65 acre El Dorado Mobile Country Club for condominium purposes, 6000 East Palm Canyon Drive,W- R-MHP and R-MHP zones, Section 29; and WHEREAS, said application 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 public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report was served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the Planning Commission public hearing; and WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 10, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 subject to the conditions contained in Planning Commission Resolution No. 4691; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application forTentative Tract Map No.28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, on July 5, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the City Council in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on July 5, 2000, the City Council directed City staff to prepare a Resolution of Denial for consideration of the City Council at the regularly scheduled July 19, 2000 City Council meeting; and WHEREAS, on July 19, 2000, City Council continued the matter to allow for a subcommittee of the City Council to meet with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association; and WHEREAS, on July 27, 2000, the subcommittee of the City Council met with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association in an effort to reach consensus on the outstanding issues surrounding this application; and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, the proposed Tentative Tract Map No. 28087 is considered categorically exempt from the terms of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities); and WHEREAS,pursuant to Government Code Section 66412.3,the Planning Commission has previously considered and the City Council has considered the effect of the proposed subdivision, Tentative Tract Map No. 28087, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed subdivision represents the balance of these respective needs in a mannerwhich is most consistent with City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, at the conclusion of its meeting on August 2, 2000, the City Council recommended approval of Tentative Tract Map No. 28087 subject to the findings herein and conditions as stated in Exhibit A; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: In that the proposed condominium conversion does not contemplate any additional development on the property orto alterthe physical characteristics of the El Dorado Mobile Country Club, the proposed subdivision is exempt from the provisions of CEQA per Section 15301 (Existing Facilities). Section 2: Pursuant to Section 9.62 of the Palm Springs Municipal Code,the California Subdivision Map Act and Zoning Ordinance Section 9207.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Tentative Tract Map/Condominium Conversion is authorized; b. Pursuant to the Zoning Ordinance, a Tentative Tract Map facilitating a condominium conversion is authorized by the City's Zoning Ordinance within the R-MHP and W-R-MHP zones; C. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, and is in compliance with all applicable provisions of Section 9207.00 of the Zoning Ordinance(Residential Mobile Home Park Zone)and other applicable provisions of the Zoning Ordinance; e. The use applied for will not adversely affect the City's housing stock; and f. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives policies and federal land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. Pursuant to the General Plan, the proposed subdivision map is consistent with the density, goals policies and objectives for medium density residential development applicable to the property in question. { b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements design strategies and policies as referenced in the City of Palm Springs General Plan for medium density residential development. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The existing El Dorado Mobile Country Club was completed in 1971 as a 377 space mobile home park with common recreational amenities on 50.65 acres of land and was built in compliance with the development standards of Zoning Ordinance in effect at the time for mobile home parks. With the recommended Conditions of Approval specified in this Resolution, the subdivision meets all applicable development criteria specified for the R-MHP and W-R-MHP zones in the Zoning Ordinance. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within a R-MHP and W-R-MHP zoning classifications and designated M15 by the City of Palm Springs General Plan. According to the General Plan, a medium density development not to exceed 15 units per acre should be provided on the property. The existing mobile home park was constructed at a density of approximately 7.44 dwelling units per acre, in compliance with the density provisions of the General Plan. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife ortheir habitat. In that the site of the proposed condominium conversion is already developed and the subdivision application does not contemplate any additional development on the property, the application is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). f. The design of the subdivision or improvements is not likely to cause serious public health problems. In conjunction with the application, the repair of on-site deteriorated asphalt areas and curbing through an unsecured improvement agreement and requiring the gated access on Bolero Road to be upgraded will be required to be addressed prior to recordation of the final map. With these conditions in place, the design of the subdivision or improvements is not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The project will not conflict with the existing traffic flow adjacent to the property along East Palm Canyon Drive or Bolero Road or access to utilities required to serve the subdivision and the immediate area. h. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The off-site improvements,which are required by the Zoning Ordinance, are related to the project to provide needed services and access for future residents of the site and will benefit the public at large. Within the Circulation Element of the City's General Plan, a 101-foot wide half street (44 feet from centerline to curb face and including a frontage road) is specified for East Palm Canyon Drive across the project frontage. However, immediately adjacent to the east and the west of the site are lands within the City of Cathedral City, where a 55-foot wide half street right of way (without a frontage road) is specified for East Palm Canyon Drive per the City of Cathedral City General Plan. Currently, the East Palm Canyon Drive project frontage includes at 38-foot wide street section (from centerline of street to face of curb) and a total half street right- of-way of 55 feet. Adjacent properties within the City of Cathedral City on the north side of East Palm Canyon Drive have a half street pavement width of approximately 44 feet within the right-of-way. If required to be extended across the project frontage, an expansion to the ultimate Palm Springs right-of-way standards could not physically serve to benefit the public at large with an expanded right-of-way as specifically intended per the City of Palm Springs General Plan. This is the only property within the City of Palm Springs along East Palm Canyon Drive where such a situation could occur. Conditions requiring the future street pavement expansion to 44 feet via covenant will serve to provide a matching street section with adjacent properties in Cathedral City for the future. Therefore, with this condition, the circulation goals, objectives and policies of the General Plan would not be effected by this specific modification to the right-of-way along East Palm Canyon Drive. Conditions requiring repair or replacement of broken or off-grade curb, gutter and pavement on East Palm Canyon Drive and Bolero Road are necessary to protect pedestrians from trip and fall accidents along these streets. Conditions requiring the developer to accept all flows impinging upon land into an approved drainage structure is a "safeguard" condition for informational purposes. The condition requiring the project to conform with Federal Emergency Management Act (FEMA) and City of Palm Springs Flood Hazard Ordinance is again primarily for informational purposes forthe prospective condominium owners. The State of California is responsible for administering these requirements to protect residents from any potential flood hazards. Conditions relating to the on-site pavement section standard provides a basis for an all-weather, safe roadway condition that will prove durable and able to withstand normal traffic conditions for a number of years. Section 6: Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and Section 7: Pursuant to California Subdivision Map Act Section 66427, 66451, 66452 and Palm Springs Municipal Code Section 4.08.130, the City Council has determined thatthe application was noticed in accordance with all applicable provisions and will also require: a. That each tenant and each person applying for the rental of a unit has received all applicable notices and rights now or hereafter required by Section 66427 and in Chapter 3 of the California Subdivision Map Act (commencing with Section 66451); b. That each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; C. That each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; d. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and e. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map No. 28087, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless other specified. ADOPTED this day of , 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED: r RESOLUTION NO. EXHIBIT A Tentative Tract Map No. 28087 El Dorado Mobile Country Club 6000 East Palm Canyon Drive August 2, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designees, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The proposed development is subject to all applicable provisions of the California Subdivision Map Act, including but not limited to, Government Code Sections 66427.1, 66427.5, 66428.1, 66451 and 66452, and evidence of compliance therewith shall be submitted to the Director of Planning and Building, as required by law. 1b. The subdivider shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map No. 28087. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, 'shall not cause a waiver of the indemnification rights herein. 2. For purposes of establishing applicable space rental rates pursuant to Government Code Section 66427.6,the"Map Act Rent Date"shall be the date of the close of escrow on the sale of not less than 120 units (or lots). The Map Act Rent Date is not applicable to any other right, benefit, or obligation under the Subdivision of the Property. 3. The subdivider shall establish the unit (or lot) sales price by an appraisal done in accordance with nationally recognized professional appraisal standards and performed by the firm of Anderson&Brabant to be paid for by subdivider. Not more than three(3) members of the Board of Directors of El Dorado Mobile Club Homeowners Association, Inc. shall be entitled to periodically meet and confer with the appraisal firm for purposes of providing information to be utilized in preparing the appraisal. 4. The subdivider shall comply with the rental rate increase provisions of Section 66427.5(d)(1) and (d)(2) of the California Subdivision Map Act, as follows: 4a. As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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; and 4b. As to non-purchasing 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 pre-conversion amenities, may increase from the pre-conversion 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 forthe most recently reported period. 5. The subdivider shall comply with the findings and recommendations of the Tenant Impact Report prepared for the condominium conversion of the El Dorado Mobile Country Club, including, but not limited to: 5a. The resident(s) will be given the choice to buy the space on which their mobilehome is situated or to continue tenancy in the park pursuant to the provisions of the Tenant Impact Report; 5b. Rent increases will be regulated in accordance with the provisions of Section 66427.5 of the California Subdivision Map Act and the Mobile home Park Residence Assistance Program (MPROP) regulation 8020; 5c. Section 1.2 of the Tenant Impact Report is hereby amended by deleting the phrase "...is heard by the Palm Springs Planning Commission, or September 30, 1999, which ever occurs first..." and replacing it with the phrase"the issuance of the Final Public Report." 5d. The subdivider shall not terminate any tenancies and existing leases or require that the residents vacate the property, after the"Map Act Rent Date" (specified above in Condition No. 2). Non-purchasing residents will not be required to vacate their space and will have occupancy rights subject to the Lease or written Rental Agreement, Mobilehome Residency Law and California Law, as applicable, such that there will be no. eviction displacement as a result of the proposed subdivision; 5e. The effective date of"Map Act Rents" (Section 66427.5 (d)(1) and (d)(2), specified above in Condition No. 3)shall be that of the"Map Act Rent Date" (specified above in Condition No. 2); 5f. As part of the distribution of the Final Public Report, the leases and qualifying information shall be simultaneously distributed and the residents shall have 180 days within which to make their election to purchase or to execute the new leases. If the resident does not want to execute a lease but does want to continue renting his/her space, then the resident may do so under a month-to-month or one-year written rental agreement; 5g. The right of first refusal shall be the passage of six consecutive calendar months from the issuance and delivery of the Final Public Report by the Department of Real Estate. 6. The subdivider shall comply will all future noticing requirement specified in the California Subdivision Map Act, Section 66427.1, as follows: 6a. Each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; 6b. Each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; 6c. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and 6d. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. 7. To insure a fair and equitable establishment of the tentative price for the sale of each proposed subdivided lot within the El Dorado Mobile Country Club, priorto the effective date of conversion, the subdivider shall comply with all provisions in Sections 11010, 11010.9, and Chapter 6, of Article 12, commencing with Section 2970, of the California Code of Regulations including, but not limited to, the obligation to notify each homeowner or resident of the mobile home park of the tentative price of the proposed subdivided interest to be sold, as required by Section 11010.9(a) of the Business and Professions Code, disclosure of all conditions of the tentative price, as required by Section 11010.9(b) and (c) of the Business and Professions Code, and to strictly comply with each of the disclosure provisions specified in Section 11010(b)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (15) of the California Business and Professions Code. 8. Non-purchasing residents of El Dorado Mobile Country Club shall be protected by the provisions of Chapter 4.08 of the Palm Springs Municipal Code (Rent Control), until such time of the "Map Act Rent Date", as defined in Condition No. 2. 9. All applicable original conditions of approval from Resolutions pertaining to the development of the El Dorado Mobile Country Club are still in full force and effect. 10, The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances._ The applicant shall submit to the City of Palm Springs, an additional deposit in the amount of$5,000.00, for the review of the CC&R's by the City Attorney. 11. The gated access on Bolero Road shall be upgraded to the satisfaction of the Director of Planning and Building and the City Engineer. A site plan, landscape/irrigation plan and all necessary gate information (i.e.the design, height, texture and color) shall be submitted for review and approval of the Director of Planning and Building and the City Engineer prior to recordation of the final map. 12. Provisions for repair of areas of deteriorated asphalt and curbing within the interior of the project only shall be provided through an unsecured improvement agreement, to the satisfaction of the Director of Planning and Building and the City Engineer, prior to recordation of the final map. 13. If a third party(other than the tenant) buys a lot, the original tenant may continue to rent from the third party, as long as such tenant wishes to remain a resident, and subject to the rental rate limitation specified by Section 66427.5 of the California Subdivision Map Act or Section 4.08.130 of the Palm Springs Municipal Code, as applicable. 14. Under no circumstances shall there be more than one mobile home per lot. 15. The property shall be maintained in accordance with Section 9319.00 of the Zoning Ordinance. 16. The applicant shall provide all tenants with Conditions of Approval of this project. 17. The subdivider shall afford the following financial assistance to the following categories of residents of the mobile home park: 17a. For all year-round residents of the mobile home park who meet the criteria of median income households, as that term is defined in the State of California Department of Housing and Community Development Mobilehome Park Resident Ownership Program (MPROP), the sum of$6,000.00 to be utilized in purchasing a unit(or lot); or 17b. For all residents of the mobile home park who meet the criteria of lower income households,as defined in Section 60079.5 of the Health &Safety Code,the sum of$3,000.00 to be utilized in purchasing a unit (or lot); 17c. For all other residents of the Mobile home park, the sum of$2,000.00 to be utilized in purchasing a unit(or lot). POLICE DEPARTMENT: 18. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 19. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 11 and 20 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Final Tract Map. The Final Tract Map will not be approved until completion of the covenant. PALM CANYON DRIVE EAST 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 3. Construct an 8 inch curb and gutter,44 feet NORTHEAST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Construct an 8 foot cross gutter and spandrel at the intersection of PALM CANYON DRIVE EAST(HWY. 111)and MAIN ENTRANCE with a flow line parallel to the centerline of PALM CANYON DRIVE EAST (HWY, 111) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 5. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 32 feet to accommodate a curb ramp. 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a curb ramp meeting current California State Accessibility standards on both sides of the MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. S. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard'Drawing No. 110 and 355. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. BOLERO ROAD 10. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. GRADING * 11. Drainage swales shall be provided adjacent to all curbs and sidewalks -3' wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters or provided for via an improvement agreement, to the satisfaction of the City Engineer. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 13. The owner shall notice all residents and prospective residents as part of the Final Public Report to the Department of Real Estate that the southern two- thirds approximately, of this property is in Federal Insurance Rate Map (FIRM) zone AO(3) and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 14. The elevation of the mobile homes in the AO (3) zone shall meet the requirements of the State relative to mobile homes in a special flood hazard area and shall be revised if necessary to conform to FEMA standards. GENERAL 15. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 16. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 17. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom,and copies of record documents shall be submitted with the Final Map to the Engineering Department. 18. Developer shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act, as applicable. 19. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made upon approval by City Council of the Tentative Map. TRAFFIC * 20. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture,fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE EAST(HWY. 111) frontage of the subject property. 21. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction.