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HomeMy WebLinkAbout1878 ORDINANCE NO. 1878 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE TITLE OF TITLE 9 OF, AND AMENDING SECTIONS 9.61.010, 9.61.020, 9.61.030, AND 9.62.020 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO SUBDIVISIONS OF LAND AND CONDOMINIUM CONVERSIONS. City Attorney Summary This Ordinance amends provisions of the City's Subdivision of Land ordinances to provide regulations regarding conversion of apartments to condominiums, including the provision of tenant assistance payments for eligible and special tenants. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The title of Title 9 of the Palm Springs Municipal Code is amended to read: "Subdivision of Land." SECTION 2. Section 9.61.010 of the Palm Springs Municipal Code is amended to read: 9.61.010 Definitions Generally. Whenever any words or phrases as used in this Title are not defined in this Chapter or in the City's Zoning Ordinance, but are defined in the Subdivision Map Act of the State as last amended, such definitions are incorporated in this Title and shall be deemed to apply as though fully set forth in this Title. SECTION 3. Section 9.61.020 of the Palm Springs Municipal Code is amended to read: 9.61.020 Specific Definitions. As used in this Title, unless a different meaning is apparent from the context or is specified elsewhere in the Code: "Advisory Agency" means: (a) The Planning Commission shall be the advisory agency for all purposes concerning maps. (b) The Director of Planning Services shall be the advisory agency for all purposes concerning lot line adjustments. Ordinance No. 1878 Page 2 "Apartment" means a residential unit in a multiple family development of seven (7) or more dwelling units where each unit is rented or leased for occupancy as a residence for one individual or family. "Community apartment" means a residential unit in a multiple dwelling in which an undivided interest in land coupled with the exclusive right to occupy the unit may be purchased. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential development on such real property. A condominium may include a separate interest in other portions of such real property. "Conversion" means the formal process of subdividing existing residential dwelling units into condominiums. "Eligible tenant household" means a household consisting of an individual, group of individuals, or family residing in a particular residential dwelling unit of the subject property on the date of the mailing of the Notice of Intent to Convert. "Eligible tenant household" also includes an individual, group of individuals, or family who rents a unit within the subject property after the mailing of the Notice of Intent to Convert and who did not receive a copy of such Notice of Intent to Convert in writing prior to execution of a rental agreement for the rental of such unit. "Month's Rent" shall be an amount equal to the highest rent paid by an eligible tenant household over the twenty four month period immediately preceding notice of conversion or any month between the notice of conversion and the notice of exclusive right to purchase as provided in Subsection E of this Section, whichever amount is highest. "Notice of Intent to Convert" means the written notices required at least sixty (60) days prior to filing a tentative map pursuant to the provisions of California Government Code Sections 66452.17 (notice to prospective tenants) and 66452.18 (notice to existing tenants), as may be amended from time to time. "Special tenant household" shall mean an eligible tenant household with one or more residents who satisfy any one of the following criteria: (a) "Elderly" means a person over the age of sixty-two; (b) "Handicapped" as defined in Section 50072 of the California Health and Safety Code as may be amended from time to time; (c) "Low Income" as defined in Section 50093 of the California Health and Safety Code, as may be amended from time to time. Ordinance No. 1878 Page 3 "Tenant Assistance Payments" means the payments of a subdivider, owner, or developer to an Eligible Tenant pursuant to the provisions of Section 9.62.020.E of this Chapter. SECTION 4. Section 9.61.030 of the Palm Springs Municipal Code entitled "Mergers" is renumbered as Section 9.61.175 of the Palm Springs Municipal Code. SECTION 5. Section 9.62.020 of the Palm Springs Municipal Code is amended to read: 9.62.020 Condominium Conversion. A. General Requirements. A tentative map, parcel map, or final map involving prospective conversion of one or more existing structures or parcels into a condominium, stock cooperative, or any other form of community ownership, shall be approved only if the proposed condominium use of the property will be in conformity with the general plan and such conversion conforms to any other requirements or restrictions which may be adopted by the City Council by ordinance dealing with the conversion of existing structures or parcels of land from rental units to community ownership; and further, only if any structure, parcel, or design, if newly constructed as of the date of tentative map approval, could be lawfully constructed in accordance with the applicable zoning regulations, building codes, and fire safety codes. A tentative map shall be required for all conversions including those of fewer than five units or parcels except for exceptions and exclusions set forth in the State Subdivision Map Act. B. Application. 1. The sale of any portion of real property on one lot to different owners constitutes a division of property and is subject to the provisions of the State of California Department of Real Estate, and the City's regulations for the subdivision of land and/or units. No apartment building can be divided to allow the sale of individual units to more than one buyer, without securing permission to convert the property. 2. Applications for the conversion to condominiums or similar forms of ownership shall comply with the procedures set forth in this Chapter regarding Subdivisions and with the procedures specified in this Section. C. Condominium Conversion Requirements. The conversion of apartments and community apartments to residential condominiums may be permitted only if such conversions comply with the requirements of this Section. 1. The conversion shall be consistent with the Land Use Element and Housing Element of the Palm Springs General Plan. 2. The conversion shall comply with all applicable zoning and property maintenance requirements, unless otherwise specified in this Section. D. Building Inspections. Community apartments shall be inspected by the Director of Building and Safety for building or safety violations relating to plumbing, fire, housing, Ordinance No. 1878 Page 4 electrical, earthquake, and property maintenance codes which may cause health or safety hazards to current or future occupants prior to the filing of an application for conversion and corrective work required for fire exiting, fire extinguishers, smoke detectors, fire alarms and any other corrective work shall be completed prior to approval of the final subdivision map. Furthermore, community apartments shall be inspected prior to the initial sale of each converted living unit and a report of building deficiencies shall be provided to the prospective purchaser of the respective living unit. E. Tenant Notification. For all applications for conversion to condominiums, tenants shall be provided with notifications in compliance with applicable State Law and this Chapter, including without limitation all notices of intent to convert at least sixty (60) days prior to filing a tentative map The City Council shall not approve the final map for a subdivision to be created from the conversion of apartments and community apartments into condominium unless the subdivider, owner, or applicant has certified that each of the tenants of the proposed condominium project has been given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days for Eligible Tenants and one hundred twenty days for Special Tenants from the date of issuance of the subdivision public report pursuant to the California Business and Professions Code or from the date of the notice, whichever is later, unless the tenant gives prior written notice of the tenant's intention not to exercise such right. F. Tenant Assistance Payments. For all applications for conversion of apartments to condominiums, each eligible tenant household shall be paid tenant assistance payments in compliance with applicable State Law and with the provisions of this Subsection. There shall be no restrictions on the use of any Tenant Assistance Payment, including the use of such assistance to exercise the tenants' right to purchase a unit within project under conversion. 1. An eligible tenant household shall receive an amount equal to two Month's Rent. 2. A special tenant household with one elderly or handicapped resident shall receive an amount equal to three Month's Rent. 3. A low income special tenant household shall receive an amount equal to three Month's Rent. 4. A low income special tenant household with an elderly and handicapped resident or residents shall receive an amount equal to four Month's Rent. G. Rent Increases Prohibited. An Eligible Tenant household's rent shall not be increased during the pendency of an application for a condominium conversion measured from the date of the Notice of Intent to Convert to the date of recordation of the final subdivision map or any longer period of time as may be provided by agreement between the subdivider, owner, or applicant with the Eligible Tenant. H. Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, Ordinance No. 1878 Page 5 shall have not less than 90 days in the case of an Eligible Tenant and not less than 120 days in the case of a Special Tenant after the date of the tentative map approval by the City or until the expiration of the tenant's lease or the recordation of the final subdivision map, whichever is longer to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after the filing of a conversion application. SECTION 6. Adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) ("CEQA Guidelines") because the ordinance is for general policies and procedure making. The proposed ordinance will amend Title 9 of the Palm Springs Municipal Code to provide a procedure for review and approval of converting existing apartments to condominiums, thereby changing the manner of ownership of existing multiple family residential unit and will not increase densities or intensities of use. The proposed ordinance also provides certain financial assistance to displaced tenants. These amendments will not result in any direct impact to the environment. Therefore, the proposed ordinance is exempt from the provisions of CEQA and will not adversely impact the environment. SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage and Ordinance No. 1873 shall thereafter no longer be in effect. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 20" DAY OF MAY, 2015. i° 1#0 STEPHLON P. POUGNE , MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1878 Page 6 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 Ordinance No. 1878 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6th day of May, 2015, and adopted at a regular meeting of the City Council held on the 20th day of May, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. AMES THOMPSON, CITY CLERK City of Palm Springs, California om/o) l zo1.5'