HomeMy WebLinkAbout20675 - RESOLUTIONS - 7/23/2003 RESOLUTION NO. 20675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING AN AMENDMENT TO THE
DECLARATION OF COVENANTS, CODES, & RESTRICTIONS
FOR THE SUNRISE PALMS SUBDIVISION, IF REQUESTED,
RESCINDING THE RESALE RESTRICTIONS CREATED
PURSUANT TO THE CITY'S COVENANT CONTROL
MECHANISM
WHEREAS, the City of Palm Springs (the "City"), a municipal corporation duly organized
and existing under and by virtue of the Constitution and laws of the State of California, did
approve a General Plan Amendment on February 6, 1980, changing the land use designation of
120 acres from "Airport Noise and Blowsand" to "Density Controlled Residential (6 Units Per
Acre), to allow for proposals over and above typical densities; and
WHEREAS, the State of California requires a jurisdiction to grant a density bonus to a
residential developer, if requested, in return for restrictions that require 20% of the units to be
made available at a price affordable to families of low-or moderate income; and
WHEREAS, on December 4, 1980, the City adopted its Covenant Control Mechanism for
the affected acreage, creating a restriction based holding the resale price to increases in the
Consumer Price Index, as a substitute for income-based restrictions; and
WHEREAS, over the past twenty years the mechanism, embedded in a section of the
Covenants, Codes & Restrictions recorded against each property, has created a number of
problems, including spotty compliance and the ultimate failure to keep prices affordable to many
moderate income buyers; and
WHEREAS, the provisions of the CC & Rs allow the homeowners and lenders to vote on
amending the agreements, with the City to consent in writing; and
WHEREAS, the City desires to rescind the restrictions, and offer rescission to the
homeowners in Sunrise Palms if they can achieve the requisite percentage of signatures' and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS AS FOLLOWS:
Secuon 1. Recitals. The above recitals, and each of them, are true and correct.
Section 2. Approval of Amendment to Existinq CC & Rs. The City hereby consents to
amending the Declaration of Covenants, Codes & Restrictions, by consenting to a change
eliminating the City's resale restriction in Sunrise Palms, if the homeowners meet the required
numbers of votes of owners and lenders.
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Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. '
ADOPTED THIS 23rday of July 2003.
AYES: Members Hodges, Mills, Reller-Spurgin and Mayor pro tem Oden
NOES: None
ABSENT: Mayor Kleindienst
/kT-I:EST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk nai
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REVIEWED AND APPROVED AS TO FORM:
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