HomeMy WebLinkAbout21941 - RESOLUTIONS - 6/20/2007 RESOLUTION NO. 21941
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING TENTATIVE
TRACT MAP 34627 FOR THE CONVERSION OF AN
EXISTING 184 SPACE RENTAL MOBILEHOME PARK TO
A RESIDENT OWNED CONDOMINIUM PARK LOCATED
AT 6300 BOLERO DRIVE ON PROPERTY ZONED R-MHP
(MOBILEHOME PARK) SECTION 29.
WHEREAS, The Loftin Firm (Applicant), on behalf of Nevada Commercial, LTD
(owners), have filed an application with the City pursuant the Palm Springs Municipal
Code Section 9.60 for a Tentative Tract Map to subdivide approximately 25.9 acres of
land into 184 condominium lots located at 6300 Bolero Drive, Zone R-MHP Section 29;
and
WHEREAS, the Applicant has filed Tentative Tract Map 34627 with the City and
has paid the required filing fees; and
WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as
required by the subdivision requirements of the Palm Springs Municipal Code, with the
request for their review, comments, and requirements; and
' WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider Tentative Tract Map 34627, was given in accordance with
applicable law; and
WHEREAS, on April 11, 2007, a public hearing on the application for Tentative Tract
Map 34627 was held by the Planning Commission in accordance with applicable law
and on May 9, 2007, recommended denial of the application; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with 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: The Tenant Impact Report and Revised Tenant Impact Report provided to
the residents and reviewed by the City fails to disclose and properly
analyze all impacts of the proposed conversion of the Mobilehome Park to
resident ownership with respect to the following:
Fire Related Potential Impacts:
' 1. Fire hydrant flow and spacing.
Resolution No. 21941
Page 2
2. Access concerns and time delays for emergency responses when
the roadway in the wash is inaccessible. '
3. If the roadway in the wash is inaccessible, fire department
response will be significantly delayed.
4. Secondary emergency access requirements.
5. Turning radius of roadways for fire department access.
Engineering Related Potential Impacts:
1. The southern portion of the Mobilehome Park is located in a FEMA
Flood Zone - A. This will have a direct financial impact on the
residents of the Park that live in the Flood Zone. If they intend to
obtain a mortgage loan they will be required to have flood
insurance, which can be costly. Therefore, this information needs to
be contained in the Tenant Impact Report.
2. The physical road is not located in the east 60 feet of the parcel
located in the wash, and thus, not within the record easement; and
3. The Grant Deed merely reserved the road and waterline easement
for the benefit of Lawrence and Martha Crossley — no mention was
made to their "successor and assigns".
The City Council further finds that the revised Tenant Impact Report '
makes only conclusory remarks pertaining to the foregoing and other
impacts to the residents of the proposed conversion of the mobilehome
park community to resident ownership.
Section 2: The mobilehome park community proposed to be converted to resident
ownership consists of 184 units. The applicant conducted a survey
pursuant to Section 66427.5 of the Government Code and received 116
responses of which 9 were for support of the proposed conversion, 77
opposed the proposed conversion, and 30 declined to respond whether
they would support or oppose the proposed conversion. Furthermore,
Assembly Bill No. 930 (Chapter 1143, 2002 Statutes), Section 2, provides
the following legislative findings pertaining to the requirement of the
applicant to obtain a survey of support of the residents: "It is the intent of
the Legislature to address the conversion of a mobilehome park to
resident ownership that is not a bona fide resident conversion, as
described by the Court of Appeal in El Dorado Palm Springs, Ltd. v. City of
Palm Springs (2002) 96 Cal.AppAth 1153. The court in this case
concluded that the subdivision map approval process specified in Section
66427.5 of the Government Code may not provide local agencies with the
authority to prevent nonbona fide resident conversions. The court '
explained how a conversion of a mobilehome park to resident ownership
could occur without the support of the residents and result in economic
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Page 3
displacement. It is, therefore, the intent of the Legislature in enacting this
act to ensure that conversions pursuant to Section 66427.5 of the
Government Code are bona fide resident conversions." Consistent with
the foregoing legislative findings, and the fact that only 9 of 116
responding residents support the proposed conversion, out of 186 spaces,
the applicant has failed to obtain a survey of support and otherwise
provide evidence that the proposed conversion is a bona fide conversion
to resident ownership.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby denies Tentative Tract Map 34627.
ADOPTED THIS 20TH DAY OF JUNE, 2007.
David H. Ready, ity tiger
ATTEST:
a es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21941 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 20th day of June, 2007,
by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California