HomeMy WebLinkAbout20454 - RESOLUTIONS - 9/4/2002 RESOLUTION NO. 20454
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA RECONSIDERING AND REAPPROVING,
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 50.65 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.
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WHEREAS, Mr. James F. Goldstein of El Dorado Limited Partnership, (the "applicant") 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, the City Council previous considered, reviewed, and adopted Resolution No.
19889, approving, subject to conditions of approval, Tentative Tract Map No. 28087, including
conditions of approval objected to by the applicant herein; and
WHEREAS, on September 28, 2000, applicant filed a Petition for Writ of Mandate to compel the
City Council to prove Tentative Tract Map No. 28087 eliminating three disputed conditions of
approval to wit conditions nos. 2, 3 and 17; and
WHEREAS, on October 5, 2000, the applicant brought on for hearing its motion for preemptory
writ of mandate; and
WHEREAS, on October 11, 2000, the Mobile Home Park Home Owner's Association sought
and obtained leave of court to intervene in the action; and
WHEREAS, on December 15, 2000, the applicants motion to preemptory writ of mandate came
on regularly for hearing before the Riverside County Superior Court; and
WHEREAS, the trial court denied the motion; and:
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WHEREAS, on February 22, 2001, the Riverside County Superior Court entered judgment
' against the applicant and in favor of the City of Palm Springs; and
WHEREAS, on March 12, 2001, the applicant timely filed its notice of appeal to the Court of
Appeals, Fourth Appellant District, Division 2; and
WHEREAS, on March 14, 2002, the Court of Appeal, Fourth Appellant District, Divisions 2
issued its opinion to wit: "[T]he Judgment [of the Riverside County Superior Court in favor of
the City of Palm Springs] is reversed and the case is remanded to the trial court with directions to
require the [Palm Springs] City Council to promptly determine the sole issues of whether [the
applicant's] application for approval of a tentative parcel [sic] map complies with [Government
Code] section 66427.5. If so, the [Palm Springs] City Council should approve the application. If
not, the [Palm Springs] City Council should specify the grounds of non-compliance and the trial
court should retain jurisdiction to review the issue of compliance in further proceedings;" and
WHEREAS, the City of Palm Springs sought review of the decision of the Court of Appeal in
the California Supreme Court; and
WHEREAS, on June 26, 2002, the California Supreme Court issued its order denying review of
the decision of the Court of Appeals, Fourth Appellant District, Division 2; and
WHEREAS, on or about July 1, 2002, the remitter was issued by the Court of Appeals to the
Riverside County Superior Court, commanding that a writ of mandate issue directing the Palm
Springs City Council to comply with the decision of the Court of Appeals; and
WHEREAS, the sole and only purpose for the present hearing before the Palm Springs City
Council is to obey and comply with the terms and conditions of the decision of the Court of
Appeals, Fourth Appellate District, Division 2, which decision is attached to the staff report
submitted in connection with this Resolution; and
WHEREAS, under the express terms and conditions of the decision of the Court of Appeals, the
Palm Springs City Council has the right, obligation, and duty, to protect and assure that the
issuance of the tentative tract map is not intended nor shall it have the effect of facilitating a
"sham" conversion of the mobile home park in question from a landlord-tenant form of
ownership to a resident form of ownership; and
WHEREAS, the opinion of the Court of Appeals acknowledges that any acts taken by the
applicant to secure, for itself, a lifetime exemption from the protections of the rent control
ordinances of the City of Palm Springs, rather than assuring a bona fide conversion of ownership
to resident ownership, can and does establish the presence of a"sham" conversion; and
WHEREAS, the opinion of the Court of Appeals acknowledges that the attempted marketing of
individual mobile home coach spaces at prices above their fair market value, as such value is
established by an independent and qualified appraiser, is an indicia of an attempted "sham"
conversion; and
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WHEREAS, the opinion of the Court of Appeals acknowledges that use of an appraiser to
establish the fair market value of the mobile home coach spaces not recognized as being and '
expert in the valuation of mobile home parks in an i;ndicia of a"sham" conversion; and
WHEREAS, the opinion of the Court of Appeals acknowledges that unreasonable delays in
establishing the fair market value of mobile home coach spaces is an indicia of a "sham"
conversion; and
WHEREAS, the opinion of the Corot of Appeals acknowledges that a cause of action exists in
favor of the City of Palm Springs to prevent "sham'' conversions; 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 ccordance with
applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the Califo is Subdivision
Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and
WHEP.EAS, 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 September 4, 2002, a public to reconsider the application for Tentative Tract
Map No. 28087 was held by the City Council in accordance with applicable law and as ordered
by the Riverside County Superior Court; and I '
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 Goverrunent Code Section 66412.3, the Planning C ommission has
previously considered and the City Council has considered the effect f 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, the City Council has now carefully reviewed and considered the published opinion
of the Court Appeals, Fourth Appellate District, Division 2, has been advised by its legal counsel
regarding its mandatory duties and obligations thereunder, has conducted a further public hearing
to reconsider Resolution No. 19889, has entertained the presentation of an evidence presented in
connection with such hearing, including, but not limited to, the staff report prepared by the office
of the City Attorney, and all written and oral testimony presented in connection therewith.
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THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1. Pursuant to CEQA, the City Council finds as follows:
hi 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;
C. 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
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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 or wildlife or their habitat.
In that the site of the proposed condominium conversion is already developed and
the subdivision application does not contemplate any additional development on '
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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
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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
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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.
Section 8. Pursuant to the Opinion of the Court of Appeals in El Dorado Palm Springs, Ltd.
v. City of Palm Springs, 96 Cal.AppAth 1153 (2002), the City will monitor this
conversion closely to assure that the applicant is not engaging in a "sham"
conversion within the meaning of the Court of Appeal's opinion in the above-
referenced case. If the City has reason to believe that the applicant is using
Tentative Tract Map No. 28087 to facilitate a "sham" conversion of the
mobilehome park in question from a landlord-tenant form of ownership to a
resident form of ownership, then the City retains the right to institute court
proceedings to have the applicant's conversion adjudged to be a "sham" within
the meaning of the Court of Appeal's opinion in the above-referenced case. In
the event that a court of competent jurisdiction determines that the applicant has
engaged in a "sham" conversion, then the City reserves the right to seek and take
any and all remedial measures permitted by law.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby reconsiders and reapproves 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 4th day of September, 2002
AYES: Members Hodges, Mills, Reller-Spurgin, and Mayor Kleindienst
NOES: Member Oden
ABSENT: None
ABSTAIN: None
Qaa
AT CITY OF PALM SPRINGS, CALIFORNIA
l
City Clerk �Cit�yna
REVIEWED AND APPROVED:
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RESOLUTION NO. 20454 '
EXHIBIT"A"
Tentative Tract Map No. 28087
El Dorado Mobile,Country Club
6000 East Palm Canyon Drive
September 4, 2002
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.
Ia. 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.
lb. 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.
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Page 10
' 2. The subdivider shall comply with the rental rate increase provisions of Section
66427.5(dl and d2) of the California Subdivision Map Act, as follows:
2a. 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
2b. 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.
3. 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:
3a. 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;
3b. 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;
C. Section 1.2 of the Tenant Impact Report shall be amended by deleting the phrase
"... is heard by the Palm Springs Planning Commission, or September 30, 1999,
which ever occurs first..." and replaced with the phrase "... is heard by the Palm
Springs City Council or June 15, 2000, which ever occurs first..."
3d. 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;
3e. The effective date of "Map Act Rents" (Section 66427.5 (dl and d2, specified
above in Condition No. 3) shall be that of the "Map Act Rent Date" (specified
above in Condition No. 2);
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3f. 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;
39. 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.
4., The subdivider shall comply will all future noticing requirement specified in the
California Subdivision Map Act, Section 66427.1, as follows:
4a. 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;
4b. Each tenant shall receive a written notification within 10 days of approval of a
Final Map for the proposed condominium conversion;
4c. Each of the tenants shall receive 1,80 days written notice of intention to convert
prior to the termination of tenancy,due to the conversion or proposed conversion;
and
4d. 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.
5. 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 applicable law.
6. 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.
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions (`ICC&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 C,C&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.
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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.
8. 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.
9. 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.
10. 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.
11. Under no circumstances shall there be more than one mobile home per lot.
12. The property shall be maintained in accordance with Section 9319.00 of the Zoning
Ordinance.
13. The applicant shall provide all tenants with Conditions of Approval of this project.
POLICE DEPARTMENT:
14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT:
15. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT:
16. Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
16a. 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
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Page 13
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
16b. 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:
16bi. Copy of signed Conditions of Approval from Planning Department.
16bii. All agreements and improvement plans approved by City Engineer, IF
applicable.
16biii. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required
by these conditions.
16c. 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.
16d. 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.
16e. 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.
16f. 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.
16g. 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.
16h. 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.
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16i. 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
16j. 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
16k. 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
161. The developer shall accept all flows impinging upon his land and conduct these
flows to an approved drainage structure.
16m. 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.
16n. 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
16o. 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.
16p. 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
16q. 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.
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Resolution 20454
Page 15
16r. 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.
16s. 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
16t. 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.
16u. 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. '
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