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HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.G. 40�PPLM Sp4 Q Y N t h� FORH o r CITY COUNCIL STAFF REPORT Cq�l �P DATE: May 20, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1878 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 AND CEQA EXEMPTION. FROM: David H. Ready, City Manager BY: Office of the Chief of Staff/City Clerk SUMMARY The City Council will consider adoption of Ordinance No. 1878. RECOMMENDATION: Waive reading the full text in its entirety and adopt 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." STAFF ANALYSIS: On May 6, 2015, Ordinance No. 1878 was introduced for first reading, as noted below: ACTION: Waive reading the full text of the ordinance and introduce by title only 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." Motion Mayor Pro Tem Lewin, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. ITFM NO. 2• G Adoption of Ordinance No. 1878 May 20, 2015 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance hall be effective 30-days from adoption. MES THOMPSON DAVID H. READY, City Clerk City Manager /tm Attachments: Ordinance No. 1878 02 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 Attomey 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. 03 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. 04 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, 05 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, �s 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 20th DAY OF MAY, 2015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 07 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 6ch 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: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California OF, The Desert Sun Certificate of Publication 750 N Gene Autry Trail ..„ .. Palm Springs, CA 92262 - 760-778-4578/Fax 760-7784731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000673525 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 6/3/2015 No 0820 ORDINANCE NO.1878 ' AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA,AMENDING THE TITLE OF TITLS 9 OF, AND AMENDING SECTIONS 9.61.010 9.61.020,9.61.030 AND 9.62.020 OF, THE PALM SPRINGS MUIJIGPAL CODE RE- CONDOMINIUMUCONVERRSIIONS.F LAUD AND 01yAftomeY Summery I acknowledge that I am a principal clerk of the printer of This OriIon Ofa amend prmiof P d a gu - Subdivision of Land ordinances re ProVWe re The Desert Sun, panted and published weekly in the City bons regarding, conversion of apartments a wndorrvrau . induding th proNaion of tenant of Palm Springs, County of Riverside, State of California. assistance payments for ellgibla and speual ten. The Desert Sun was adjudicated a newspaper of general ire' CERTIFICATION circulation on March 24, 1988 by the Superior Court of the STATE OF CALIFORNIA County of Riverside, Slate of California Case No, COUNTY OF RIVERSIDE 191236. CITY OF PALM SPRINGS I DAMES THOMPSON;City Gera at the Ciry of helm Springs,CNdomie,dohereby oereh'Mat Or- I declare Lind penalty of p rjury that the foregoing is true dinanceNo.187815 afu11,t9 and correct coOY, and urea anroduced at a,re Liter meetinngg of the Palm S ga 1 Council on May 6 2015,and and tort Executed on his 3rd day of June, 2015 in at a regular in of Me�' e ttolbw-I het on the 201h day of May,2015,by Palm rings,Calif6w ing vote: AYES: Coumibnenaler Foal Councilmember Hutcheson,Coumilrnamber Mills,Mayor Pro Tem - Lewin antl Mayor Pougnet.' NOES: None. .—__.... _ ABSENT: None. ABSTAIN: None. City m Palm SpringCITY Califomia claranfs Sign ure Published.wens The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California as: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000673525 1 am over the age of 18 years old, a citizen of the United States and not a parry to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 6/3/2035 Nb 0820 ORDINANCE NO.1878 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA,AMENDING THE TITLE OF TrrLr=9 OF, AND AMENDING SECTIONS 9.61.010 9.61.020.9.61.030 AND 9.62.020 OF, THE PALM SPRINGS MUNICIPAL CODE RE- LATING TO SUBDIVISIONS OF LAND AND CONDOMINIUM CONVERSIONS. I acknowledge that I am a principal clerk of the printer of City Atfomii Summary The Desert Sun, printed and published week) in the City This Ordinance amandsyProvision of the Cites Y Y Subdivision of Land ordinances to Provide regu a- of Palm Springs, County of Riverside, State of California. tions regarding conversion of apartments to The Desert Sun was adjudicated a newspaper of general condominiums, including merovision of tenant p assistance payments for eligible and special ten. circulation on March 24, 1988 by the Superior Court of the ante. CERTIFICATION County of Riverside, State of California Case No. STATE OF CALIFORNIA 191236. COUNTY OF RIVERSIDE 3 ss: CITY OF PALM SPRINGS ) I JAMES THOMPSON,CIINry Clerk of the City of AfsSignatUre declarena of that the foregoing is true fselm Springs Calaomia,daherebycenify that Or. drence No.1878 is a full,true and correctcop y, ut on this rd day of June, 2015 in and was introduced at a regular meeting of the y adorned atesragttlar meeCmmclting oMN 6�aa2yy0Cuuridl rnia. nnd et on the 208t tlay of May,2015,by the follow. ing vote: AYES: Comcilrnember Foot,Councilmember ""- Hutcheson,Councilmember Mills,Mayor Pro Tern jLewin and Mayor Pougnet. NOESr: None. ABSENT: Nons. ABSTAIN: None.JAMES THOMPSON,CITY CLERK ture Published:8/3r15 City of Palm Springs,California CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: May 20, 2015 Subject: Ordinance No. 1878 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on June 3, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on June 2, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. ` L4M Kathie Hart, MMC Chief Deputy City Clerk 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. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do 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 May 6, 2015, and adopted at a regular meeting of the City Council held on the 20ih 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 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.F 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 20th DAY OF MAY, 2015. STEPHYN 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. Z1dAMES THOMPSON, CITY CLERK City of Palm Springs, California)