HomeMy WebLinkAbout7/21/2010 - STAFF REPORTS - 1.B. Jay Thompson
From: Craig Ewing
Sent: Tuesday, July 20, 2010 4:26 PM
To: 'dyardesign@aol.com'
Cc: Edward Robertson; Jay Thompson
Subject: FW: request for a postponement
Mr. Dyar,
I have received your e-mail from Mr. Robertson requesting a postponement of the Tentative
Map for the Palm Springs View Estates Mobile Home Park. As you may know, the city's
previous decision to deny the map was not sustained by the courts. At this time, the
city's action must conform with the order of the court, and staff will not support a
request for postponement.
We are forwarding your communiqud to the City Council for their consideration, but I
believe they also understand that their actions must be in conformance with the court's
order. I would recommend that you review the staff report, which provides more
information on the project:
http://www.paimspringsca.gov/Modules/ShowDocument.aspx?documentid=13672
There are also revised conditions of approval:
http://www.paimspringsca.gov/Modules/ShowDocument.aspx?documentid=13681
I hope this information is helpful.
Craig A. Ewing, AICP
Director of Planning Services
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760-323-8269
"Go all the way, then come back. "
- Harley Earl
-----Original Message-----
From: Edward Robertson
Sent: Tuesday, July 20, 2010 4 :10 PM
To: Craig Ewing; Jay Thompson; Kathie Hart
Subject: FW: request for a postponement
Greetings,
Please see the forwarded email regarding the Palm Springs View Estate hearing scheduled
for Council hearing tomorrow.
Edward
---Original Message-----
From: dyardesign@aol.com [mailto:dyardesign@aol.com]
Sent: Tuesday, July 20, 2010 3 :35 PM
To: Edward Robertson
Subject: request for a postponement
Mr. Robertson,
I am making a request of you for a postponement of tomorrows hearing on Palm Springs
View Estates. As Senior Principal Planner you must understand that the revised conditions
of approval simply don't give us time to prepare a response.
The unreasonable cost that a new HOA would incur as a result of this approval will be
devastating to me and my fellow low income neighbors.
Please give us the time we deserve with a response and don't let this be railroaded
through by The Loftin Firm.
1 071Z11--t-O/ 4
-Z—rjm&4 1
Respectfully submitted,
Donald L Dyar
18 Calle De Las Nubes
Palm Springs View Estates
Palm Springs, CA. 92264
760-641-9683
2
EXHIBIT A
Tentative Tract Map 34627
CONDITIONS OF APPROVAL
6300 Bolero Drive
July 21, 2010
Before final acceptance of the project, all conditions listed below shall be completed to
the reasonable satisfaction of the City Engineer, the Director of Planning Services, the
Chief of Police, the Fire Chief or their respective designee, depending on which
department recommended the condition.
Any agreements, easements, or covenants required to be entered into shall be in a
form reasonably approved by the City Attorney.
ADMINISTRATIVE:
1. The owner 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 Case TTM 34627 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. The
City will fully cooperate in the defense of any such claim, action, or
proceeding. 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.
ENGINEERING:
1. The Engineering Division recommends that if this application is approved,
such approval is subject to the following conditions being completed in
compliance with City standards and ordinances.
l 6d 6 `
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 2 of 9
2. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
SANITARY SEWER
3. Provisions, acceptable to the City Engineer, for maintenance of the public
sewer easement, recorded January 8, 1971, as Instrument No. 71-4970,
shall be included in the Covenants, Conditions, and Restrictions (CC&R's)
required for this development. Notice shall be clearly included in the
CC&R's defining the restrictions of development within the easement
areas. The CC&R's shall advise the condominium owners of the City's
right to enter the site, clear and remove any and all improvements and/or
obstructions within the easement areas, and give the City the right to
charge all costs incurred in enforcing this provision to the. Home Owners
Association, The CC&R's shall also advise the condominium owners of
the fact that the City is not required to replace in like kind, any landscaping
or other improvements within the public sewer easement areas in the
event repair or replacement of the existing sewer main is required, and
that the City shall be limited to leaving the property in a rough graded
condition following any such repair or replacement.
4. All on-site private sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
private sewer system reasonably acceptable to the City Engineer shall be
included in the Covenants, Conditions, and Restrictions (CC&R's) required
for this project.
DRAINAGE
5. The applicant is advised that pursuant to federal regulations, the purchase
of flood insurance is mandatory for all Federal or federally-backed
financial assistance for the acquisition and/or construction of buildings in
special flood hazard areas or SFHA's. For existing structures currently
located in the SFHA, flood insurance will be required, unless the
structures can be protected against flooding in accordance with Chapter
93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs
Zoning Code, and applicable state and federal laws and regulations. The
applicant is advised to refer future owners of structures located in the
SFHA to www.floodsmart.gov for more information about mandatory flood
insurance. (This condition is advisory only and does not in and of itself
require any action by the applicant for final map approval.)
GENERAL
6. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 3 of 9
of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation
of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
MAP
7. The applicant 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.
8. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A 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 Division as part of the review of the
Map. The Final Map shall be approved by the City Council prior to
completion of condominium conversion process.
9. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations.
10. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the
following data: California Coordinate System, CCS83 Zone 6 (in U.S.
feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way,
and centerlines shown as continuous lines; full map annotation consistent
with annotation shown on the map; map number; and map file name.
G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN
(Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type
and format of G.I.S. digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
END OF CONDITIONS
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PROFESSJONAL CORPORATION
WILSHIRE-PALISADES BUILDING TELEPHONE(310)393-4000
1299 OCEAN AVENUE,SUITE 900 FACSIMILE(310)394-4700
SANTA MONICA.CALIFORNIA 90401-1000 E-MAIL:rclose*gilohri$tr tter.v M
July 15, 2010
VIA EMAIL(CITYCLERK@PALMSPRINGS-CA.GOV) .'
&FEDEx :
Mr. James Thompson, City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Palm Springs View Estates Mobile Home Park
Tentative Tract Map 34627 Proposed Conditions of Approval
Wednesday, July 21, 2010 City Council Hearing
Dear Mr. Thompson:
Enclosed is a copy of a letter that was sent to Palm Springs City Attorney Douglas
Holland regarding the above-referenced matter. Please make the enclosed letter part of the office
record for Tentative Tract Map 34627.
Thank you for your assistance.
Very truly yours,
GILC I &RUTTER
Profssi Co oration
Richard H. Close
Of the Firm
RHC:aap
Enclosure
216230_1.DOC
4451.004
-717-1110
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WILSHIRE PALISADES BUILDING TELEPHONE(310)393-4000
1299 OCEAN AVENUE,SUITE 900 FACSIMILE(310)394-4700
SANTA MONICA,CALIFORNIA 90401-1000 E-MAIL:rdosel'Qgilchrl5trutter.com
July 15, 2010
VIA EMAIL(DHOLLAND@WSS-LAW.COM)
&FEDEx
Douglas C. Holland, Esq.
City Attorney of Palm Springs
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
Re: Palm Springs View Estates Mobile Home Park
Tentative Tract Map 34627 Proposed Conditions of Approval
Wednesday, July 21 2010 City Council Hearin
Dear Mr. Holland:
As you know, we represent Palm Springs Investment Company, LP ("PSI"),the owners
of Palm Springs View Estates Mobilehome Park, a mobilehome park located within the City of
Palm Springs (the"Park"). This letter is intended to address the proposed Conditions of
Approval ("Conditions") we received from the City of Palm Springs (the"City") in connection
with PSI's application("Application") for a tentative tract map to convert its Park from a rental-
only park to a resident-owned park pursuant to the Subdivision Map Act, Government Code
section 66427.5 (the"Conversion").
The Conditions note that"[b]efore final acceptance of the project, all conditions listed
below shall be completed to the satisfaction of the City Engineer, the Director of Planning
Services, the Chief of Police,the Fire Chief or their designee." However, as discussed below,
state law precludes the City from imposing the majority of the proposed Conditions. Therefore,
the Conditions discussed herein should be stricken. For your reference, we have enclosed a
markup of the Conditions (Please see Exhibit 1.) indicating which ones should be stricken and/or
revised.
I. Mobilehome Park Conversions Under Government Code Section 66427.5
The Court of Appeal has held in two published opinions, Sequoia Park Associates v.
County of Sonoma, 176 Cal.AppAth 1270, 1293-1300 (2009) ("Sequoia") and El Dorado Palm
Springs Ltd. v. City of Palm Springs, 96 Cal.AppAth 1153, 1163-66 (2002) ("El Dorado"),that
Government Code section 66427.5 strictly limits local government review of a Conversion
application to determining the application's compliance with the provisions contained therein.
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Therefore, local governments cannot condition approval of a Conversion application on
requirements not contained within Section 66427.5, as the City attempts to do here with the
proposed Conditions.
This very City attempted to conditionally approve a Conversion application and impose
conditions not found in Section 66427.5 in the seminal El Dorado case. (El Dorado, 96
Cal.App.4th at 1156-57.) There,the Court of Appeal applied the plain language of Section
66427.5 and held that the City had no power or authority to impose conditions on El Dorado's
Conversion application other than those found in Section 66427.5 (Id. at 1165.)
Post-El Dorado, in Sequoia, the County of Sonoma adopted an ordinance imposing
illegal conditions on mobilehome park Conversions ("Sonoma Ordnance"), including some
conditions which are contained in the City's proposed Conditions. (Sequoia, 176 Cal.App.4th at
1288-92.) The Sequoia court held that the Sonoma Ordinance was invalid as it was both
expressly and impliedly preempted by Section 66427.5 and unequivocally reaffirmed the El
Dorado court's holding that local governments "only ha[ve] the power to determine if[the
applicant] ha[s] complied with the requirements of[Section 66427.5]." (Sequoia, 176
Cal.App.4th at 1275, 1285-86, 1293-1300;El Dorado, 96 Cal.AppAth at 1163-64.) In the words
of the Sequoia court, "section 66427.5 strictly prohibits localities from deviating from the state-
mandated criteria for approving a mobilehome park conversion application." (Sequoia, 176
Cal.App.4th at 1299.)
Most recently, this issue was again litigated in connection with the City's attempts to
impose extra-statutory conditions on PSI's Conversion. In an unpublished decision issued on
February 19, 2010,Palm Springs Investment Company, LP v. City of Palm Springs, et al., Court
of Appeal, Fourth District, Division Two, Court Case No. E047460 ("Palm Springs"),the Court
of Appeal conclusively determined that the City was prohibited from conditioning approval of
PSI's Conversion Application on any level of resident support as said requirement is not
contained in Section 66427.5.
Likewise, the majority of the proposed Conditions which the City now attempts to
impose are not contained in Section 66427.5. According,pursuant to Sequoia, El Dorado, Palm
Springs, and Section 66427.5, subd. (e),the City cannot impose the proposed Conditions
discussed herein.
The City is further constrained from imposing certain proposed Conditions for a second,
independent reason. Namely that, under state law, local governments are without authority to
regulate a mobilehome park's construction, infrastructure,maintenance, and/or oversight of
health and safety at the park. The California Department of Housing and Community
Development("HCD")holds exclusive jurisdiction over mobilehome park construction,
infrastructure, and maintenance, as well as mobilehome park health and safety regulation and
oversight, and the Mobilehome Parks Acts,Health& Safety Code sections 18200 et seq.,pre-
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empts any local authority's attempts at the regulation thereof (See County of Santa Cruz v.
Waterhouse, 127 Cal.AppAth 1483 (2005) ("Waterhouse");see also Sequoia, 176 Cal.AppAth at
1281-82.) As the Waterhouse court held:
The [Mobilehome Parks Acts'] purpose of protecting the health and welfare of[ ]
the residents of mobilehome parks, as well as the investment value of
mobilehomes, can only be achieved through the centralized regulatory power
of the HCD. Id. at 1489— 1490 (emphasis added).
In fact, in response to attempts by local governments to impose conditions on
Conversions related to a mobilehome park's construction, infrastructure, and maintenance, as
well as health and safety regulations and oversight at mobilehome parks, on April 21, 2008, the
HCD issued Information Bulletin 2008— 10(MP) ("HCD Bulletin") advising local governments
that they are preempted by the Mobilehome Parks Act from imposing said conditions and
reminding local governments that the HCD has exclusive jurisdiction over mobilehome park
construction, infrastructure, and maintenance and mobilehome park health and safety regulation
and oversight. In sum,the City is doubly precluded from imposing any requirements concerning
mobilehome park construction, infrastructure, and maintenance and/or mobilehome park health
and safety regulation and oversight.
II. Conditions of ARProval
PSI contends the requirements detailed below are inapplicable,unnecessary,
unreasonable, and/or inappropriate because they are preempted by Government Code section
66427.5 and/or the Mobilehome Parks Act.
A. - Project Specific Conditions
Project Specific Conditions 1 and 2: These conditions are preempted by Section 66427.5
as they impose requirements not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-
1300;El Dorado, 96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.) In fact,Project Specific
Condition 2 mirrors one of the requirements in the Sonoma Ordinance which was struck down
by the Sequoia court as being preempted by Section 66427.5. (See Sequoia, 176 Cal.AppAth at
1290 (noting the Sonoma Ordinance's Title 25 requirements).)
Additionally, these conditions are further preempted by the Mobilehome Parks Act as it
concerns the Park's construction, infrastructure, and maintenance and/or health and safety
regulations and oversight at the Park. (Health& Safety § 18200, et seq.; Waterhouse, 127
Cal.AppAth 1483;see also Sequoia, 176 Cal.AppAth at 1281-82.) Indeed, Title 25-inspection
and correction requirements, such as those contained in Project Specific Condition 2, are
specifically mentioned in the HCD Bulletin as being preempted by the Mobilehome Parks Act.
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B. Administrative
Administrative Condition 3: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El
Dorado, 96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.) In fact,Administrative Condition 3
mirrors one of the requirements in the Sonoma Ordinance which was struck down by the Sequoia
court as being preempted by Section 66427.5. (See Sequoia, 176 Cal.AppAth at 1290 (noting the
Sonoma Ordinance's requirement that Conversions conform to Sonoma County's General Plan,
any applicable Specific or Area Plan, and the provisions of the Sonoma County Code).)
Furthermore, Administrative Condition 3 is preempted by the Mobilehome Parks Act to
the extent the"regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions"referenced therein impose requirements on the Park's
construction, infrastructure, and maintenance and/or concern health and safety regulations and
oversight at the Park.
Administrative Condition 4: Please see revisions.
Administrative Condition 5: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El
Dorado, 96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Administrative Condition 5 is further preempted by the Mobilehome Parks Act as it
concerns the Park's construction, infrastructure, and maintenance and/or health and safety
regulations and oversight at the Park. (Health& Safety § 18200, et seq.; Waterhouse, 127
Cal.AppAth 1483;see also Sequoia, 176 Cal.AppAth at 1281-82.)
Administrative Condition 6: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El
Dorado, 96 Cal.AppAth at 1163-64; Gov't Code § 66427.5. In fact, like Administrative
Condition 3,this condition mirrors one of the requirements in the Sonoma Ordinance which was
struck down by the Sequoia court as being preempted by Section 66427.5. (See Sequoia, 176
Cal.App.4th at 1290 (noting the Sonoma Ordinance's requirement that Conversions conform to
Sonoma County's General Plan, any applicable Specific or Area Plan, and the provisions of the
Sonoma County Code).)
Administrative Condition 7: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute,namely a parkland fee or dedication.
(Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado, 96 Cal.App.4th at 1163-64; Gov't Code §
66427.5.)
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C. Police Department
Police Department Condition 8: This condition is preempted by Section 66427.5 as it
imposes requirements not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-1300;El
Dorado, 96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.)
Furthermore, Police Department Condition 8 is preempted by the Mobilehome Parks Act
to the extent it attempts to impose requirements,namely those contained in Section 1J of Chapter
8.04 of the Pahn Springs Municipal Code, on the Park's construction, infrastructure and
maintenance and/or to the extent it concerns health and safety regulations and oversight at the
Park. (Health& Safety § 18200 et seq.; Waterhouse, 127 Cal.App.4th 1483;see also Sequoia,
176 Cal.AppAth at 1281-82.)
D. Fire Department
Fire Department Conditions 9—_17: All of the Fire Department Conditions are preempted
by Section 66427.5 as they impose requirements not contained in the statute. (Sequoia, 176
Cal.AppAth at 1293-1300;El Dorado, 96 Ca1.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore,the Fire Department Conditions are preempted by the Mobilehome Parks
Act as they attempt to impose requirements on the Park's construction, infrastructure, and
maintenance and/or concern health and safety regulations and oversight at the Park. (Health&
Safety§ 18200 et seq.; Waterhouse, 127 Cal.AppAth 1483;see also Sequoia, 176 Cal.AppAth at
1281-82.)
E. Calle Arriba
Calle Arriba Conditions 3 and 4: Both of the Calle Arriba Conditions are preempted by
Section 66427.5 as they impose requirements not contained in the statute. (Sequoia, 176
Cal.AppAth at 1293-1300;El Dorado, 96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.)
Furthermore, the issues addressed in these conditions have been resolved,therefore
rendering these conditions moot. Please see Exhibit 2.
F. Sanitary Sewer
Sanitaa Sewer Condition 5: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-1300;El
Dorado, 96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.)
Furthermore, this condition is preempted by the Mobilehome Parks Act as it attempts to
impose requirements on the Park's construction, infrastructure, and maintenance and/or concerns
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health and safety regulations and oversight at the Park. (Health& Safety § 18200 et seq.;
Waterhouse, 127 Cal.AppAth 1483;see also Sequoia, 176 Cal.AppAth at 1281-82.)
Sanitary Sewer Condition 6: Sanitary Sewer Condition 6 is preempted by Section
66427.5 as it imposes a requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at
1293-1300;El Dorado, 96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore,this condition is preempted by the Mobilehome Parks Act as it attempts to
impose requirements on the Park's construction, infrastructure, and maintenance and/or concerns
health and safety regulations and oversight at the Park. (Health& Safety§ 18200 et seq.;
Waterhouse, 127 Cal.App.4th 1483; see also Sequoia, 176 Cal.App.4th at 1281-82.)
Sanitary Sewer Condition 7: This condition is preempted by Section 66427.5 as it
imposes a requirement not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-1300;El
Dorado, 96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore, Sanitary Sewer Condition 7 is preempted by the Mobilehome Parks Act as
it attempts to impose requirements on the Park's mobilehome park construction, infrastructure,
and maintenance and/or concerns health and safety regulations and oversight at the Park.
(Health& Safety § 18200 et seq.; Waterhouse, 127 Cal.AppAth 1483;see also Sequoia, 176
Cal.App.4th at 1281-82.)
G. Drainage
Drainage Condition 10: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado,
96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore,this condition is preempted by the Mobilehome Parks Act as it attempts to
impose requirements on the Park's construction, infrastructure, and maintenance and/or concerns
health and safety regulations and oversight at the Park. (Health& Safety § 18200 et seq.;
Waterhouse, 127 Cal.App.4th 1483; see also Sequoia, 176 Cal.App.4th at 1281-82.)
Drainage Condition 11: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado,
96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore, this condition is preempted by the Mobilehome Parks Act as it attempts to
impose requirements on the Park's construction, infrastructure, and maintenance and/or concerns
health and safety regulations and oversight at the Park. (Health& Safety § 18200 et seq.;
Waterhouse, 127 Cal.App.4th 1483;see also Sequoia, 176 Cal.AppAth at 1281-82.)
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Drainage Condition 12: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado,
96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Furthermore,this condition is preempted by the Mobilehome Parks Act as it attempts to
impose requirements on the Park's construction, infrastructure, and maintenance and/or concerns
health and safety regulations and oversight at the Park. (Health& Safety§ 18200 et seq.;
Waterhouse, 127 Cal.App.4th 1483;see also Sequoia, 176 Cal.AppAth at 1281-82).
Drainage Condition 13: To the extent this condition attempts to impose any requirements
on PSI's application, it is preempted by Section 66427.5. However,we will withdraw our
objection to the extent it is purely advisory and is revised to include the following clarifying
language: "This section is advisory only and does not require any action by applicant for final
map approval and, further, does require any action by present or future residents."
H. General
General Condition 14: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-1300;El Dorado,
96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.)
Furthermore, this condition is preempted by the Mobilehome Parks Act as it attempts,
through its covenant requirement,to impose requirements on the Park's construction,
infrastructure, and maintenance and/or it concerns health and safety regulations and oversight at
the Park. (Health& Safety § 18200 et seq.; Waterhouse, 127 Cal.AppAth 1483;see also
Sequoia, 176 Cal.AppAth at 1281-82.)
General Condition 16: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado,
96 Cal.AppAth at 1163-64; Gov't Code § 66427.5.)
Moreover, this condition is clearly premised on the assumption that the Conversion will
necessitate a change of use,new development, or new construction. As that is not the case,these
requirements are inapplicable,unnecessary,unreasonable, and/or inappropriate. The Park
already has a valid certificate of occupancy. Conversions simply involve a change in the form of
ownership,not a change in use, as such, they do not involve any new development or
construction and do not require the issuance of a final certificate of occupancy. (See El Dorado,
96 Cal. App. 4th at 1162 (finding in the context of Section 66427.5, and the Subdivision Map
Act, that"a change in form of ownership is not a change in use. After the change of ownership,
the Mobilehome park will remain a mobilehome park.').)
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I. Map
Map Condition 17: This condition is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.App.4th at 1293-1300;El Dorado,
96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Mgp Condition 19: Under the statutory scheme governing mobilehome park
Conversions, CC&R's are not required until after local government approval. According, we
object to Map Condition 19 in that it is preempted by Section 66427.5 as it imposes a
requirement not contained in the statute. (Sequoia, 176 Cal.AppAth at 1293-1300;El Dorado,
96 Cal.App.4th at 1163-64; Gov't Code § 66427.5.)
Nevertheless,we will waive our objection to the first part of Map Condition 19 and will
provide a copy of the draft CC&R's to the City. However,we maintain our objection to the
second part of Map Condition 19,which provides that the"CC&R's shall be approved by the
City Attorney prior to approval of a Final Map." The California Department of Real Estate
("DRE"),not local governments, is responsible for reviewing and approving the CC&R's. (See
Bus. &Prof. Code §§ 10050, 11000 et seq.)
III. Conclusion
In sum, as discussed above, the specified proposed Conditions are preempted by Section
66427.5 and/or the Mobilehome Parks Act. Accordingly,please inform me immediately that the
City will no longer demand that PSI comply with said Conditions. Furthermore,please include
this letter and all letters the City Attorney's office has been copied on regarding this matter in the
record of proceedings on this matter.
If you have any questions or concerns,please do not hesitate to contact me.
Very truly yours,
RUTTER
P fe ional rporation
Richard H. Close
Of the Firm
Enclosures
cc: James Thompson, Palm Springs City Clerk(Via Email&FedEx)
216149_1
4451.001
EXHIBIT A
Tentative Tract Map 34627
CONDITIONS OF APPROVAL
6300 Bolero Drive
Y—eq{ c3rTk �-�- July 21, 2010
Before final acceptance of the project, all conditions listed below shall be completed to the
Lsatisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
J
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
4. The existing gate that 6ewes that pei4ien ef Ralm SPr-OROQ Eqsa*�§ Mobile
home Park that is located north of the Palm Can o e retrofitted
to open electronically so that the r n enter and leave without getting
out of their vehi a minimum width of 14 feet. An access code shall
maintenance inspection for compliance with Title 25 of the Cali ode of
LE)
ations which governs the interior of mobile ho s such as utilities,
the common areas and facilities, i g without limitation such Title
uirements that apply to as marking lot lines, and all violations
25 shall b ied. Proof of remediation shall be confirmed in
fr or such other entity or agency that performed the inspection
ADMINISTRATIVE:
regulations of the Palm Sprin��F=solut=ons
'apal Cade, or any
other City Codes o which supplement the zoning
4. The owner 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
-EY,c= 4 :,Ah re,, o
�- -tC-.�C.i�ms CJIGYr(7 !)eS -r k C*10 C6
�(Oc e-, k , Vie `
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 2 of 9
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 Case TTM 34627 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 AttonejIfe
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. he—L4 `�1 �� M0 f>eCCz�e-_�LA `y
maintain and repair the improvements including and with itation
sidewalks, bikeways, parking areas, landscape, irriga lighting, signs,
walls, and fences between the curb and prope ' e, including sidewalk or
bikeway easement areas that extend o rivate property, in a first class
condition, free from waste and , and in accordance with all applicable
law, rules, ordinances gulations of all federal, state, and local bodies
and agencies h . jurisdiction at the property owner's sole expense. This
conditio a I be included in the recorded covenant agreement for the
r @Fty if raqu4ed by the Got
Code regarding public art. The project shall either provide pub i rt or
payment of an in lieu fee. In the case of the in-lieu fee, ee shall be
based upon the total building permit valuation as cal ed pursuant to the
valuation table in the Uniform Building Co e fee being 1/2% for
commercial projects or 1/4% for resid projects with first $100,000 of
total building permit valuation ndividual single-family units exempt.
Should the public art be ed on the project site, said location shall be
reviewed and appr by the Director of Planning and Zoning and the
Public Arts ission, and the property owner shall enter into a recorded
agree to maintain the art work and protect the public rights of access
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 3 of 9
dedication shall be made. Accordingly, ial development shall be
subject to parkland dedica ' rements and/or park improvement fees.
The parklan ion amount shall be based upon the cost to acquire
-Pal
FIRE DEPARTMENT-
provided to the fire department. This shall clearly show all access poi &
fire hydrants.
4&- Fire Department Access: Fire Department Access Roa shall be
provided and maintained in accordance with Sections 901 nd 902 CFC.
(902.1 CFC)
MINIMUM ACCESS ROAD DIMENSIONS:
• The Palm Springs Fire Department r uirements for two-way
private streets, is a minimum width 24 feet, unless otherwise
allowed by the City engineer. No p ing shall be allowed in either
side of the roadway.
-: Access Gates: Fire/Police/Ambula a access gates shall be at least 14' in
width when in the open positio and equipped with a Knox (emergency
a/Apparatus
key switch. A Kno key operated switch shall be installed at
etomatic gate. how location of switch on plan. Show
rent in plan not .
42- Faratus cess Roads/Driveways: Fire department access
rveway hall be provided so that no portion of the exterior wall of
tloor any building will be more than 150 feet from such roads.
( C )4-3- Vire Apparatus Clearances: Palm Springs fire apparatus require
atructed vertical clearance of not less than 13 feet 6 inches. This
_ )
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 4 of 9
1
constructed as all weather capable and able to support a fire ck
weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimu nside
turning radius is 30 feet, with an outside radius of 45 feet.
447 Operational Fire Hydrant(s): Operational fire hydrant(s) all be installed
within 250 feet of all combustible construction. No dscape planting,
walls, or fencing is permitted within 3 feet of re hydrants, except
groundcover plantings. (1001.7.2 CFC)
44r Water Systems and Hydrants: Under ound water mains and fire
hydrants shall be installed, complete tested. Installation, testing, and
inspection will meet the requiremen of NFPA 24 1995 edition. Prior to
final approval of the installatio , contractor shall submit a completed
Contractor's Material and Tes ertificate to the Fire Department. (9-2.1
NFPA 24 1995 edition)
-+:F-- Fire hydrant system . Following Fire Department selection of hydrant
locations, plans d specifications for fire hydrant systems shall be
submitted to a fire department for review and approval prior to
constructio (901.2.2.2 CFC). All fire hydrants shall be installed in
accorda with Desert Water Agency specifications and standards. No
lands pe planting, walls, fences, signposts, or aboveground utility
fa ' ies are permitted within 3 feet of fire hydrants, or in line with hose
ENGINEERING:
1. The Engineering Division recommends that if this application is approved,
such approval is subject to the following conditions being completed in
compliance with City standards and ordinances.
2. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
access road across the Palm Canyon Wash. The Grant erred to
on Tentative Tract Map 34627, recorded Oct 58, in Book 2343,
Page 222, reserved an easeme a and water pipeline purposes
over the easterly 60 f at property currently identified by Assessor's
Parcel N N) 681-270-020. The easement was reserved for
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 5 of 9
shall also address the fact that Calle Arriba is not physically located in
the easterly 60 feet of the property identified by APN 681-27 0, and
shall obtain an appropriate easement over the current to n of Calle
Arriba; or, upon verification of the legal rights to the eas ent reserved in
the Grant Deed recorded October 6, 1958, in Boo 3, Page 222, shall
relocate Calle Arriba within the record ease . The applicant shall
demonstrate legal rights of access across property identified by APN
681-270-020 prior to approval of a final p.
- - The applicant shall improve the alle Arriba crossing of the Palm Canyon
Wash to meet or exceed 100-year storm event. An "all weather"
crossing shall be con cted. The applicant shall be responsible for
submitting improv ent plans and for securing approvals and an
Encroachment rmit for required improvements within the Palm Canyon
Wash fro a Riverside County Flood Control & Water Conservation
District he Calle Arriba improvements shall be secured, pursuant to a
Su vision Improvement Agreement, or completed, prior to approval of a
FASP
SANITARY SEWER
public sewer system by means of an existing on-sit a sewer
system. Evidence shall be provided throu h plans and/or digital
video showing the existence of a private sewer system serving
the entire property id i hin Tentative Tract Map 34627. Evidence
demonstr all buildings are connected to the public sewer system
IQ FQV
that is not currently provided with public sewer service by me an on-
site private sewer system connected to a public sew ain shall require
construction of an on-site private sewer s meeting current City
standards. Sewer plans shall be sub ' to the Engineering Division for
review and approval. Private a sewer mains for residential projects
shall conform to City r design standards, including construction of 8
inch V.C.P. s main and standard sewer manholes. Sewer manhole
covers be identified as "Private Sewer". A profile view of the on-site
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 6 of 9
provided in the plan view, including elevations with conflicting utility lines.
Plans for sewers other than the private on-site sewer mains, i.e. building
sewers and laterals from the buildings to the on-site private sewer mains,
are subject to separate review and approval by the Building Division. Any
required sewer improvements shall be secured, pursuant to a Subdivision
Improvement Agreement, or completed, prior to approval of a final map.
8. Provisions, acceptable to the City Engineer, for maintenance of the public
sewer easement, recorded January 8, 1971, as Instrument No. 71-4970,
shall be included in the Covenants, Conditions, and Restrictions (CC&R's)
required for this development. Notice shall be clearly included in the
CC&R's defining the restrictions of development within the easement
areas. The CC&R's shall advise the condominium owners of the City's
right to enter the site, clear and remove any and all improvements and/or
obstructions within the easement areas, and give the City the right to
charge all costs incurred in enforcing this provision to the Home Owners
Association. The CC&R's shall also advise the condominium owners of
the fact that the City is not required to replace in like kind, any landscaping
or other improvements within the public sewer easement areas in the
event repair or replacement of the existing sewer main is required, and
that the City shall be limited to leaving the property in a rough graded
condition following any such repair or replacement.
9. All on-site private sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
private sewer systerryacceptable to the City Engineer shall be included in
the Covenants, Con itions and Restrictions (CC&R's) required for this
project. reci
DRAINAGE
in a manner acceptable to the City Engineer and r an approved
drainage system. Stormwater r o be released directly to the
adjacent street rs intercepting and treating with approved Best
(SFHA), and is subject to the provisions of Chapte et. seq.
("Flood Damage Prevention") of the P Ings Zoning Code, and
applicable state and feder nd regulations. Specifically, a portion
of the pro rally located south of Calle de Las Nube, is located
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 7 of 9
Pao Rate Map (EIRM) for the G1W-
Of 224fft
Springs, California, Riverside County, Communi m er 060257
0009D, dated July 7, 1999. T s all comply with all applicable
local, state aws and regulations associated with development
,Om
93.17.00 et. seq. ("Flood Damage Prevention") of the Pal rings
Zoning Code, and applicable state and federal laws an ulations, the
placement of any new manufactured home, the r al and installation of
a replacement manufactured home, or the stantial improvement of any
existing manufactured home, loca (thin a special flood hazard area
(SFHA) must be elevated o ermanent foundation such that the lowest
floor of the manufac ome is elevated at least one (1) foot above the
base flood el on, and be securely fastened to an adequately anchored
found system to resist flotation, collapse or lateral movement. The
13. The applicant is advised that pursuant to federal regulations, the purchase
of flood insurance is mandatory for all Federal or federally-backed
financial assistance for the acquisition and/or construction of buildings in
special flood hazard areas or SFHA's. For existing structures currently
located in the SFHA, flood insurance will be required, unless the
structures can be protected against flooding in accordance with Chapter
93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs
Zoning Code, and applicable state and federal laws and regulations. The
applicant is advised to refer future owners of structures located in the
SFHA to www.floodsmart.gov for more information about mandatory flood
insurance. 1 h'�S 5e_c_V'%O0 '%S
�1� a ncl does ;, C4
ckn� acA-►on b e - C �lockl mnP �FPrp,/c
j ctnclGENERAL ,�ir�
underground all of the existing overhead utilities required by t kii6ihicipal
Code in the future upon request of the City of Palm S City Engineer
at such time as deemed necessary. The cove shall be executed and
notarized by the property owner andt5jilmrlirted to the City Engineer prior
to approval of a final map. A title report or a copy of a current tax
bill and a copy of a v grant deed shall be provided to verify current
property owne . A covenant preparation fee in effect at the time the
coven submitted shall be paid by the applicant prior to approval of a
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 8 of 9
15. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation
of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
and approved by the City Engineer (if required) shall ented with
record drawing "as-built" information rned to the Engineering
Division prior to issua a final certificate of occupancy. Any
modification anges to approved improvement plans shall be
MAP
17. The applicant 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.
18. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A 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 Division as part of the review of the
Map. The Final Map shall be approved by the City Council prior to
completion of condominium conversion process.
19. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. I
20. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the
following data: California Coordinate System, CCS83 Zone 6 (in U.S.
feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way,
and centerlines shown as continuous lines; full map annotation consistent
with annotation shown on the map; map number; and map file name.
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 9 of 9
G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN
(Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type
and format of G.I.S. digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
END OF CONDITIONS
Recorded at request of,and return to:
Riverside County Flood Control and DpC SS 2008--0555101
Water Conservation District ie/15/2008
1995 Market Street Customer Copy Label
Riverside CA 92501 The paper to which this label is
> affixed has not been compa'to
with the recorded document
Larry U Ward
County of Riverside
NO FEE (GOV. CODE 6103) Assessor, county Clerk d Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Palm Canyon Wash Levee, Stg 4 The undersigned grantor(s)declare(s)
Project No. 6-0-00040 DOCUMENTARY TRANSFER TAX S WONE _.
RCFC Parcel No. 6040-13
EASEMENT DEED
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
Hereafter referred to as"Grantor",hereby grants to PALMS SPRINGS INVESTMENT COMPANY,L.P.,a
California limited partnership,hereafter referred to as"Grantee",an easement for a private road andutility
purposes over that certain real property situated in the County of Riverside,State of California,described
in legal description attached hereto as Exhibit "A" and shown in Exhibit"B" and made a part hereof.
"' + _ including lint not limited to repair, replacement, reconstruction, and
sediment removal shall be borne by the Grantee. The grade of the area shall not be modified and shall be
maintained at the grade as depicted in Exhibit "C", so that the flow line shall not be obstructed. Any
modification within easement area,will require an encroachment permit through the Grantor.
The grantor shall be held harmless in all instances.
Per Agenda Item No. 11.5 on 9/30/2008
��-��`�J[F)f
Page-2-
Palm Canyon Wash Levee,Stg. 4
Project No.6-0-00040
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT:
Date October 13, 2008 By: 4
MARION ASHLEY,
Chairman
Board of Supervisors
STATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
Deputy
On October 13 ,2008,before me, Ca therine y the undersigned,as Clerk of the Board
of Supervisors of the Riverside County Flood Control and Water Conservation District,State of California,
personally appeared Marion Asbley personally known to me to be the person who executed this
instrument as the Chairman of the Board of Supervisors of said District,and acknowledged to me that the
Riverside County Flood Control and Water Conservation District executed it.
N,XW(-v ROMERO
tile-k of the Board of Supervisors
By: 17 709--�l -
uty (Seal)
09.30.08 11.5
EXHIBIT A
BEING A 60.00 FEET WIDE EASEMENT FOR ROAD AND WATER PIPELINE PURPOSES,
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
OVER, ACROSS AND UNDER A PORTION OF LOT 16 OF SECTION 29, TOWNSHIP 4
SOUTH RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 16, THENCE SOUTH 00'01'30"
EAST 506.12 FEET ALONG THE EASTERLY LINE OF SAID LOT 16 TO THE NORTHEAST
CORNER OF THE LAND DESCRIBED IN A GRANT DEED RECORDED IN BOOK 2343,
PAGE 223 OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID GRANT DEED NORTH 68'23'50" WEST
61.72 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 68'23'50" WEST 62.60
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 05'02'29" WEST 521.63 FEET TO
THE SOUTHERLY LINE OF SAID GRANT DEED;
THENCE SOUTH 68723'50" EAST 62.60 FEET ALONG SAID SOUTHERLY LINE TO POINT
THAT IS 111.18 FEET FROM THE SOUTHEASTERLY CORNER OF SAID GRANT DEED;
THENCE NORTH 05'02'29" EAST 521 .63 FEET TO THE NORTHERLY LINE OF SAID
GRANT DEED AND THE TRUE POINT OF BEGINNING.
CWL
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egLIFOR14%
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QUEY EL S 2988 DATE
EXHIBIT B
�. ��- POINT OF BEGINNING
NORTHEAST CORNER
LOT 16 S00'O1'30"E
506.12'
r-
s
1')32 w
2.60, sr�
� 2
z TRUE POINT OF BEGINNING
z
Q N w UD
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Z
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S6823 rr r8,
RIVERSIDE COUNTY FLOOD CONTROL. AND WATER CONSERVATION DISTRICT
R 1995 MARKET ST., RIVERSIDE, CA. 92501
�gl} VEyp9
J�ypF� PROJECT: CAALE ARRIBA ST. REALIGNMENT PARCEL. 6040-13A
�4 O THIS PLAT IS SOLELY AN AID IN LOCATING PREPARED BY: R.W.J.
s THE PARCEL DESCRIBED IN TH£
u�7 q' z ATTACHED DOCUMENT. IT IS NOT A PART SCALE: 1"=100'
7 Q' OF THE WRffTEN DFSCRIPTION THEREIN.
G APPROVED BY� DATE: 7/18/08
3TATE� DATE: SHEET 1 OF 1
it I
EXHIBIT IT «c»
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PROFILE OF CALLS DEL NORTE IN FLOOD CONTROL CHANNEL
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Or K/y
c�,aty r+,,ee Recorder
LARRY W. WARD P.0,Box 751
# COUNTY OF RIVERSIDE Riverside,CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER 1951)486-7000
"W%v riversideacr com
s
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number s) and wording below):
i
1
o � L45
I � 35
3a
5
I � i
I
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i
i
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�irJ��s�b� C�ouN�� F�ooa �onr7�ac ��� uJ�-rare b�sre►�r 1
t? '*L F-o,e
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Date:
Signature:
Print Name:
ACR 601 P-A54RE0(Rev.092005) Available in Alternate wrmais
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On October 13, 2008, before me, Catherine Foley, Board Assistant, personally appearwu Marion
Ashley, Chairman of the Board of Supervisors, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument; and that a copy of this paper, document or instrument has been delivered to the
chairperson.
I certify under the penalty of perjury under the laws of the State of California that the foregnina
pal agraph is true wid correct.
WITNESS my hand and official seal
Nancy Romero
Clerk of the Board of Supervisors
By:
puty
(SEAL)
THIS.4CKNOWLEDGEMENT 1S SUBM17TfED PURSUANT TO GOPERNMENT CODE§25103
Bob and Helga Slagle 11};0I ,,!'.!`._ 19 e 1 8R `a l+
155 Vista de la Montana ( Palm Springs, Ca 92264 1 1760) 666-1050
Cell: (760) 898-1211
Email: bobslacile@earthlink.net
July 17, 2010
City of Palm Springs
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way (P.O. Box 2743)
Palm Springs, CA 92263-2743
Subject: Public Hearing on Tentative Tract Map 34627, Palm Springs View
Estates Mobile Home Park, 6300 Bolero Drive
Mayor Pougnet and City Council Members:
We are unable to attend the subject meeting and would like to submit the
following comments for consideration_
PSVE Conversion Hearing TTM 34627, July 21, 2010
Comments on Staff Report Conditions of Approval, Exhibit A
Project Specific Conditions
Item 2. How will the HCD know the condition of the private utility systems and
determine the remaining useful life so that the DIRE can require suitable reserves
for future repairs and upgrades? Will the requirement for a maintenance
inspection for compliance with Title 25 involve internal investigation and testing of
the private utility systems, or will the submission of documents and visual
inspections be acceptable?
Administrative Conditions and Fire Department Conditions
Item 3 in the Administrative Conditions and Items 9 through 17 in the Fire
Department Conditions
These items apparently refer to proposed developments. Because the
mobilehome park physically exists, will these kinds of requirements allow the
project to be "grandfathered in?"
71P410
If so, to what extent is the city responsible for health and safety of its citizens?
For instance, if the HCD has the health and safety jurisdiction, do we call them
when our neighbor's home is on fire?
It should be noted that the fire station located near the comer of Golf Club Drive
and Bolero Drive is no longer operational.
From a traffic congestion viewpoint, It should also be noted that the north section
of the park has no auxiliary or visitor off-street parking although the attached map
apparently taken from the original tract map shows two off-street parking areas
(three spaces each) in the Vista de la Montana cul de sac near the pool and spa.
Also part of the vehicle storage area in the north section apparently was reduced
to accommodate an additional mobilehome pad (existing unit 142).
Engineering Conditions
Item 4. All-Weather Crossing of Palm Canyon Wash
Without ingress and egress to the north section of the park across the wash
when it is flooded and with any vehicle or other restriction for access to the rear
gate, the residents in this rather compacted area are trapped without an exit
route.
Although the wash is not involved, this is also true of the center and the south
sections where there is only one ingress and egress route. Again, should these
conditions meet the required health and safety standards, or will they be
66grandfathered in." Who will be responsible for the lawsuits should a disaster
occur that blocks these exits and residents (mostly elderly) cannot get out?
Sanitary Sewer
The residents have been told a sewer inspection was made recently. Will the
results of this inspection satisfy the city's requirements? Can the results be
realistically used by the HCD and DIRE to determine adequate financial reserves
for repairs and upgrades for proper operation of the park by the future resident
owners through the HOA?
Drainage Conditions
There is no adequate drainage system in the park and there have been a good
number of problems over the years. In one case, underground piping directs
runoff directly into the Palm Canyon wash. In another, sandbags are regularly
placed in the street to protect the mobilehomes and portable pumps are used to
remove runoff on several other locations. Will the lack of a drainage system be
"grandfathered in.?"
2
It should be noted that the requirement for flood insurance in special flood zone
hazard areas is not limited to federally-backed financial assistance, but is
required by conventional lenders as well.
Thank you for your consideration.
Sincerely,
Bob and Helga S agle
Attachment: Copy of original layout of park.
cc: Edward Robertson, Planning Department.
3
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Lavetta J Stephens
143 Vista de Oeste
Palm Springs, Ca. 92264
Email: jstephens2@dc.rr.com
Tel. 760=324-2217
July 17,2010
City of Palm Springs
James Thompson, City Clerk
3200 E Tahquitz Way (P.O.Box2743)
Palm Springs, Ca. 92263-2743
Subject: Public Hearing on Tenative Tract Map 34627
Palm Springs View Estates Mobile Home Park, 6300 Bolero Dr.,
Mayor Pougnet and City Council Members
I am unsure if 1 will be able to attend the meeting on July 21 and would like to submit the
following comments for consideration.
PSVE Conversion Hearing TTM 34627, July 21, 2010
Comments on Staff Report Condions of Approval, Exhibit A
Project Specfic Conditions
Item 2:
How will reserves be determined unless there are engineering inspections on all utilites, whose
life is near or past their usefullness?An above ground cursory inspection is certainly not
sufficient to determine, if there are now or soon to be, needed major repairs and or
replacement. Will HCD or DRE require these or the City or residents?
lem 3:
Fire Department Access
Since there is no public parking allowed on the street, will this be grandfathered in and left as
is? The park is already in existence, so new development statutes and requirements do not
apply. The original off street parking was usurped by the park owners to use as additional
pads for rent on the north side. The total spaces needed for the park may be in compliance,
but that does not after the fact that"there are absolutely no spaces available on the north
side".
We no longer have a fire department that is operating at Golf Club Dr. and Bolero and the
health and safety of park residents is now in more jeopardy. Will HCD be reponsible for this or
the city? We can hardly be expected to believe that HCD can repond to a fire. Thus, it is
imperative that fire hydrants be spaced properly.
Item4:
Because of the original layout of the park, only one ingress and egress is available for both the
north and south sides of the park. The north side is especially vulnerable to catastrophe
because the rear gate is not"knock down"or electric, which means the fire department is also
restricted. Added to this, is the fact that when wash is closed due to winter flooding, the north
side has no way to exit immediately in case of fire or maor earthquake. Health and safety
issue? Will the city be responsible for health and safety, or HCD after the conversion?
Sanitary Sewer:
The sewer system on the north side of park is fed to the pump at comer of Calle Arriba and
Vista de la Montana, pumped under the surface of the wash, back up the south side of the
bank in the wash, down to another pump and or sewer attachment at end of Bolero and then
into the sewer system. We were told that a recent inspection of sewer system was completed.
Have the city engineers seen this report and does it meet all of the proper codes and
requirements by the city? Would they satisfy the HCD and DIRE for use to determine future
reserves?
Can the city add as a condition that" all utilities must pass an engineering inspection"? It is not
enough to have HCD do an above ground "cursory' inspection. Will this fall under Tiltle 25 by
DRE?
Drainage Conditions:
The drainage on the north side of park, which is woefully ineffective, drains into a pipe that
dumps into the wash near the sewer pump at the corner of Vista de la Montana and Calle
Arriba. On the south side, sand bags are used near the entrance on Bolero Dr., and on
another street on the so. side, a small temporary pump is affixed in the drain and attached to a
hose to pump water back of the homes and onto the land adjacent to the sidewalk by the
bicycle path. Does this meet the cdy's health and safety codes ( mosquito breeding
ground,etc.). Will HCD address this? They haven't in the past, after a cursory inspection 2
years ago. Is this a tittle 25 issue?
Will this inadequate system also be grandfathered in?
If one could get a conforming loan, flood insurance would be required, not only for govT
backed loans, because part of the south side is in a flood plain.
Thank you for your attention and consideration to our concerns.
Sincerely,
Lavetta J Stephens
Attachment: Copy of Park Parking Regulations RE: Public Parking
cc: Edward Robertson , Planning Dept.
Palm Springs View Estates
6300 Bolero Drive
Palm Springs,California 92264
(760)328-7118—FAX(760)321-9674
PARKING
NOTICE
PLEASE BE ADVISED:
1. THE RULES AND REGULATIONS OF PALM SPRINGS VIEW ESTATES
PROHIBIT PARKING ON THE STREETS BECAUSE OF THE LOCAL FIRE
ORDINANCE. STREETS MUST BE KEPT CLEAR IN CASE OF AN
EMERGENCY.
2. PARKING IS ALLOWED AT EACH MOBILE HOME IN THE CARPORT
ONLY.
3. RESIDENTS ARE NOT ALLOWED TO PARK OVERNIGHT IN
DESIGNATED VISITOR PARKING AREAS.
4. VISITORS WHO CANNOT UTILIZE THE CARPORT PARKING MUST
PARK THEIR VEHICLES IN THE DESIGNATED VISITOR PARKING
AREAS.
S. VEHICLES PARKED ON THE STREET IN FRONT OF A MOBILE HOME
OVERNIGHT MAY BE TOWED AWAY AND IMPOUNDED AT THE
OWNER'S EXPENSE, Vehicle Code Section#22658,paragraph I of
subdivision A of Section 2265 of the Vehicle Code.
If you have any questions or emergency requirements regarding the above rules and
regulations,please contact the Managers. Naomi Stadt
Residenff Manager
Equal Housing Opportunity
CLEMENT E. LUMLEY
164 Vista de Oeste
Palm Springs, Ca 92264 ''
760 864-7153 Cell: 760 219-2321
Email: dudley1303Ldc.rncorr►
July 19, 2010
City of Palm Springs
James Thompson, City Clerk
3200 E Tahquitz Canyon Way(P. 0. Box 2743)
Subject: Public Hearing on Tentative Tract Map 34627,Palm Springs View Estates Mobile
Horne Park, 6300 Bolero Drive
Mayor Pougnet and City Council Members:
As a new resident of the Palm Springs View Estates Mobile Hone Park,
I would like to express my concerns with the conversion of our park.
Because the conversion process has been approved all that has taken place in these meetings
over the past several years in an attempt to prevent this process is behind us and we have to think
ahead to provide protection for the residents of the park who (in the great majority) are seniors
who would described as "low income".
If the present owners of the park do not comply with the Conditions as given under Title 25,the
new owners will face enormous financial exposure for the cost of repairing the Infrastructure of
the park which was build in the late 1960s.
The present owners need to provide adequate Reserve Funds prior to the conversion to cover
these contingencies.
Working with HCD inspections need to be made by the following professionals and a reserve
figure established.
1. Electrical Engineer(Underground electrical services)
2. Sanitary Engineer(Sewer system)
3. Civil Engineer(Water system and structural adequacy of streets)
Sincere
Clement E. Lumley
is
Palm Springs View Estates Homeowners Association
�x
6300 Bolero, Palm Springs, CA 92264
Y.
Mailing AME2ss 122 Via de Azulejos, Palm Springs, CA 92264-6366
760 202 2389 Email: CHackler@dc.rr.com
President, Cal Hackler
122 Via de Azulejos July 21, 2010
760 202-2389
Vice President,Arthur To: Mayor, Steve Pougnet
Hayward, Council-Persons: Rick Hutcheson, Ginny Foat, Chris Mills and Lee
97 Calle de Espacio Weigel
760 666 5144
Secretary,Vista Ruthe
40 Calle Del Sal Re: Case Number 34627
760 202 3601
On behalf of the homeowners of Palm Springs View Estates we want
Treasurer,Sheila Hamilton to thank you for all the assistance you have given to us fighting this
76600 21$4125 vista Oeste issue to the State Supreme Court.
Social Co-Director, Karen I also want to thank Doug Holland, City Attorney for his assistance and
Kruger help and this also includes all the City staff that guided us and helped
121 Via de Azulejos us along the way.
760 202 4465
Since the last meeting before the City Council it was noted that the
Social Co-Director, Cory vast majority of the homeowners are not in favor of the Conversion
Pisciuneri and as of this date, that view has not changed.
87 Calle de Espacio
760 202 3451 The homeowners have potential financial and legal exposure that the
North Representative, Dick homeowner would assume if the homeowner purchases the pad their
Mathews home sits on.
160 Vista de Oeste
760 324 8123 The future of our financial well-being and our lifestyles are at stake.
Vacant, Central Representative The landowner believes they will make lot of money and in our belief
the landowner could care less of the homeowners but the landowner
South Representative,Walter just has to look at our neighbor, El Dorado Estates.
Reuter
97 Calle de Espacio A. Over sixty vacant lots. (Where did the previous owners go?)
760 666 5144 B. The failure of the gas system costing the HOA$180,000. And
requiring two increases in the monthly HOA fees.
C. The then park owner took control of the HOA and after 5 years
the homeowners finally took control of the HOA.
D. Unrest and animosity among the residents.
E. Sky rocketing rent increases for homeowners who are not
under state rent control.
F. One sale in the MLS over the past eighteen months.
These are just some of the issues in the Eldorado Estates and will face
us also including the following:
07121126,1 0
The homeowners is going to be forced upon us and in doing so we will
have to evaluate the following:
1, The price and terms of the sale including how they will get financing
in the climate.
2. A full disclosure of the conditions of the PSVE.
3. HQA fee amounts and financial and liability exposure.
4. PSVE repairs, improvements and upgrades to be made prior to the
conversion.
5. What are the reserve amounts for future PSVE infrastructure and
the utility system failures?
6. What are the market rents after the four year adjustment period?
7. What are the qualifications requirements for low-income status,
including what are the asset limitations?
8. What are the coach qualifications and what re the upgrade costs to
meet codes for financing requirements including the homes that are
in the flood zone?
9. What are the financing options and the terms for the buyer
qualifications?
10. What are the property tax implications?
11. What are the closing and financing costs to the homeowner?
We as home owners are going to be faced with these questions.
PSVE is over thirty years old and there is invisible issues:
A. There are many issues regarding PSVE have be registered to
management by homeowners including complaints to HCD.
B. Water lines are old and the main water lines will need to be
replaced in the near future. In the past year there have been
major breakdowns in the South and Central sections.
C. The private gas system needs to be inspected and the system
needs to be turned over the gas company. This way the gas
company will be able to do maintenance and the billing_ Gas
lines are exposed at lamp posts. Some of the gas lines for light
posts are pinched off.
D. The sewer system is suppose to be repairable with hookups
with the City and the individual homes but there is no manholes
and there is an abandoned, unlocked sewerage pump well at
the North Section and then there is a second hole also in the
North Section.
E. There is overhead electrical system the home at 64 is
connected to electric on the home at 65. The Clubhouse is
served by overhead electrical poles. High tension electric
distribution lines pass over homes on Calle Arriba in the north
section and perhaps also in the south section. Many of the
street lamps are substandard.
F. PSVE phone panel that is at the clubhouse is defective. There
are many phone failures and the underground conduit should
be inspected.
G. The streets need to be paved. The streets have beenpatched...
2
but the streets have not been paved in over 30 years.
H. The drainage comes partly from conduits that drain into the
wash and that includes Desert Water Agency pumping stating
overflow. The drainage in the south section is totally
inadequate. There is non-standard makeshift pumps have
been installed to remove flood water at two cul-de-sacs with no safety
locks. There is stagnant water that sits in the roadway that breeds the
West Nile Virus.
The aircraft noise is major. Airport Noise Contour on City maps, if
zoning is preceded by an "N" it is in zone, but the existing zone and
contours we believe are not up to date. There has been an expansion
at the airport to accommodate larger aircraft. There has not been an
evaluation for several years and needs to be done prior to the
conversion since the airport is two miles away.
There are much more, but wanted the City to understand what the
homeowners are faced with. Also, we would like this placed in the
record that includes HCD and DRE.
Thanking you in advance
Cal Hackler
President, PSVEHOA
cc: Doug Holland, City Attorney
PSVEHOA Board of Directors
3
GSMOL. Californian Page 7
ENCOURAGING COURT RULING
C UICf RULES decision had "acknowledged" that "re- states that the results of the required 31u--
T1 W THE RESMS OF quiring a conversion to be bona tide or vey> shall be considered by the local
RESIDENT SUPPORT SUR- supported bY t;esidetits is forbidden under agency reviewing the application cis part
state law., lip then argued that section of the subdivision neap hearing regiiiied
VEY MUST BE CONSIDERED 66427.5(e) simply required the County to by Government Code section 66427-51e).
LN DECIDING WHETHER TO deteril'liae that the Survey was"conducted Based on this plain and clear language,
APPROVE OR REJECT MO- ;u?q submitted"so it could be preserved for the Court finds that a local wine) cort-
court review in possible future litigation. sidering a subdivision applicatioir iaj,r
BILEROMF PARK SUBDIV - Assistant Santa Cruz County Government Code section 66427.5 1"3 rr-
SION CONVERSION Counsel,Jason Heath countered Mr.Cas- quired to consider(i.e., take into a6"Witit,
APPLICATION pariah's argument by pointing out that the deliberate on, weigh,etc.)the. result.) ( iiie
Sequoia decision only ruled that local reg- resident surrey in determining whriher to
By /1/UlJdlel/Ume (rW/Le/'s' I'lbrhts uladons vvere preempted by section approve, conditionally approve, car lc�ry
66427.5 and that it did not address the the application."
"U01,1/ey, Will ("vrestariti/le issue: of whether or not the County could Several weeps after Sania Ciuz
'`consider" die results of the resident sup- County's hearing, Mr. Ca-spartan again
After the veto of AB 566, and the dis- port survey in deciding to approve or re- made his same argument to a three.-judge
appointing appellate decision in Sequoia ject the:conversion application. Mr.Heath panel of the Second Appellate Di)Blua iii
v. Sonoma County, there is finally some then relied on the clear-directive contatied the case of Carson Harbor Uila,c i Cin
great news in our fight to stop the forced in subsection 66427.5(d) that floe County of Carson. At that hearing, like Ju.tgc
conversions of mobilehome parks to sub- was to "consider'the survey results when Burdick, the presiding justice respoaded
divisions that are pursued against the acting on a conversion application. He to Mr. Casparian that it was not possibL;
wishes of the residents of the parks. That also pointed out that AB 930's (section to interpret section 66427.5(d)'s direclit e
nc�`s is that,on Deceir►ber 30,2009,Santa 66427.5(d)and(e)) uneodified legislative that the results of a resident support sur-
Cl-ilz County Superior Court Judge, the intent section clearly states that it is the vey are "to be considered" by a luc:al Ju-
1-ioll. Paul P. Burdick, ruled that Govern- legislative intent of AB 930 that the sur- risdiction by simply determining that tli
nicnt Code section 66427.5 requires local veys are to be used to prevent non-bona survey was"conducted and submiEwd1 �u
jLi6,d1,.lions to consider the results of res- fide resident conversions,which it defined it would be available to a future ,omit.
i.lcnt support surveys,required by subset- as conversions that did not have resident The Appellate Court's decision in Cars,,n
tiuris 66427.5(e), in determining whether support. Harbor Village is scheduled to be the is-
tu apprutie: :;r,lcily inobiluhot"tie park sub- Judge Burdick agreed with Santa sued by March 1, 2010 and we are hoix-
di "uli� :l'siult applications. Cruz County that section 66427.5 required ful that it will be similar to Jud+w
Jud4sc Burdick's decision was is- a local jurisdiction to consider the results Burdick's Ahmur decision glven th,:
su,:d in the case of Paul Goldstone Trust of a resident support survey in determining ilarity in die arguments that were mad,. ib
U.T.D. v. County of Santa Cruz (Santa to approve or reject a conversion applica- both cases and how the judges respoad,:d
Cruz Superior Court Case Number CV tion. At the hearing, Judge Burdick re- to them. While we wait,we can celebrate
164458 - 2009). In that case, the Park sponded to Mr.Casparian's arguments by Judge's Burdick's decision that uttirn,s
o��ner's attorney, Thomas Casparian of verbally stating that it was not logically that GSMOL's efforts in sponsoring Ab
Richard CloSe's law firm, Gilchrist & possible to interpret section 66427.5(d)'s 930 several years ago, and successful])
Rutter, Filed a Writ of Mandate asking the directive that the survey results "are to be lobbying it through to enactment,have ti-
Court to overturn the decision of the Santa considered" by the local jurisdiction in nally provided us with the tools that arc
Cruz County Board of Stipervisors,which rnaking their decision to, instead, mean needed to stop the flood of forced cony er-
had rejected the conversion application of that they are merely to determine whether sions that would have inundated Califur-
Alimur Mobilehome Park:based on its res- or not the surveys were conducted and nia without those protections.
ident support survey's vote of 97 to 2 in submitted. Judge Burdick's subsequent For more information you :ere
opposition to the conversion. thereby, written decision then stated: welcome to contact me by telcphonin; n,c
demonstratin;z that it was a non-bona fide "The Court finds that Government at my office: 831-420-1238.
conversion,lacking resident support. Mr. Code section 66427.5, subsection (d)(5), Q 7l L i l Z�L�
Casparian argued that the recent Sequoia is clear and unambiguous on its face, andT ' ��
6 $$UK CALIFORNIAN NOV/DEC2006
President's Reporf..contirzuedirom Page I been so disappointed by the Governor's lack of
support, we felt compelled to "draw a line in the
Several statewide races showed similar swings, but mod' to send a message to the Governor, and other
not to the same dramatic extent as Prop 90. It elected officials, that if they want our support, we
appears supporters of Prop. 90 are already gearing up expect their support. They are OUR
for another attempt at some type of eminent REPRESENTATIVES! Time will tell if this was an
domain,,property rights measure for the election in effective strategy.
?ODD. GSNiOL will monitor such measures and
hopes the NO OIL 90 coalition remains intact to fight Our GSMOL Political Action Committee (PAC)
any future threats to our lifestyle. chose to become more active in endorsing candidates
this year and supported several candidates with
The re-election of Governor Schwarzenegger leaves contributions from our PAC fund. We also made a
me with some anxiety and trepidation in anticipating substantial contribution to the "No on Prop 90"
what the next four years for us. The Governor has campaign. We think these contributions were good
demonstrated both a lack of understanding and lack investments in promoting support for our way of life
of support of our issues, while at the same time and ask for your help in replenishing our PAC fund.
accepting huge sums of money from community There is a spot on your membership application to
owners, including Chicago resident Samuel Zell, designate such a contribution. Thank You!
reported]}- worth 4.5 billion dollars. The Governor
and his staff seem to fail to appreciate the President Bush Signs the "Older
distinctions between a landlord/tenant relationship as XAmericans Act" Into Law
it exists in ati apartment complex, and that of a co- .
investor type of relationship that exists in a rental On Tuesday, October 17, the President signed into
manufactured-home community. He has repeatedly law H.R. 6197, the "Older Americans Act
vetoed our legislation, including a bill that would Amendments of 2006," which reauthorizes and
have helped ensure proper cleanup of sewage spills; amends the Older Americans Act (OAA). It will be
a bill only one Legislator opposed. If the Governor known as Public Law 109-365 and, among other
continues his pattern of indifference for Veterans and provisions, gives all levels of government authority,
other seniors, along with others of low income living and even responsibility to adopt measures to prevent
as captive investors in manufactured-home the abuse, neglect and exploitation of the elderly.
communities, more of our members will suffer and
some, no doubt, will lose those homes they own As a delegate to the 2005 '%klite House Conference
because the rent on the patch of dirt their home is on Aging last year, one of my priorities, as with a
attached to surpasses their monthly income. V4Thile majority of the other delegates, was to support a
many might think we have little chance of garnering reauthorization of the Older Americans Act. It gives
support of our bills so long as Governor S remains in elderly homeowners in manufactured housing
office, I think we need to remember that he did sign communities one more layer of protection against the
two of our bills into law this year. We do face a unfair and abusive business practices of some
challenge and will need to explore ways to better community owners and their agents. My hope is that
educate the Governor and his staff. City Councils, District Attorneys, Attorney Generals
and others will use the OAA to block such practices
The home office received a few calls and letters as unfair rent increases, conversion of 55+
objecting to the GSMOL Political Action communities to all-age, closure of communities for a
Committee's endorsement of Phil Angelides for change of use and condo conversion against the will
Governor. While I can appreciate the sentiments, I of homeowners. Any arbitrary and unfair act
ask that all members understand there were two committed by a community owner or their agents
principal reasons for the endorsement. First was the that causes fear, anxiety and/or depression and
pattern of non-support by the Governor and second despair of elderly homeowners should be considered
was a pledge of support by Mr. Angelides. We had a form of elder abuse.
-- 438 California ReTEstate Law
a
,r
- '� Dr. Furnish borrowed $425,000 from Talbert Financial secured by a note
/ and deed of trust. Talbert assigned the note and deed of trust to Summit
Financial Holdings. Dr. Furnish was never notified of the recorded assign-
ment and Talbert apparently continued to service the loan.
Dr. Furnish obtained a new loan from Dundee Securities that was to pay
off the existing loan. Continental Lawyers Title Co. (CLTC) acted as
escrow. Neither Talbert nor Summit was a party to the escrow. Although
the preliminary title report showed an assignment to Summit, CLTC paid
the loan off to Talbert. But Talbert failed to remit the proceeds to Summit.
Dr. Furnish filed Chapter 11 bankruptcy and ordered the property sold to
pay off Dundee and another secured creditor. The bankruptcy court
rejected Summit's claim because Dr. Furnish did not receive a notice of
the assignment and he had paid off Talbert. Summit sued CLTC, con-
tending that the escrow was negligent in paying Talbert rather than
Summit.
While the superior court awarded judgment to Summit, the court of
appeals reversed. On appeal, the California Supreme Court upheld the
court of appeals. It ruled that an escrow holder has a fiduciary duty only
to the parties to the escrow and that CLTC could not foresee any harm in
paying off Talbert as directed because there was no evidence that Talbert
would not remit the funds to Summit.
Case Study
In the case of In re Marriage of Ctoney (2001) 91 C.A.4th 429, the court
ruled that an escrow agent had a duty to disclose to its principal, First
American Title, and the purchaser that the seller had used alternative
names and that the agent's knowledge can be imputed to the principal.
(First American Title failed to check records as to liens for other names
used by the seller.)
The Elder Abuse Law. Welfare and Institutions Code 5eci1011
15610.30 (the elder abuse law) requires that escrow holders, realty agents,
and others report elder financial abuse, fraud, or undue: influence. The
county public guardian is authorized to take control of the eldcr's assCL,, iu
prevent such abuse.
Possession and Unless agreed otherwise, the seller retains possession until the Ciu,,C of
Risk of Loss escrow. The seller generally bears the risk of loss of the property. . n-,)
expenses incurred for the property are the seller's responslblllty unLd ihc:
close of escrow. Rents and other income also accrue to the seller until the
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RPO RA EO
V.
r'q`'porto" CITY COUNCIL STAFF REPORT
DATE: July 21, 2010 PUBLIC HEARING
SUBJECT: The Loftin Firm — Palm Springs View Estates Mobile Home Park Tentative
Tract Map 34627, for the conversion of an existing 184 unit rental mobile
home park into a condominium park for resident ownership on
approximately 25.9-acre parcel, located at 6300 Bolero Drive
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a proposed subdivision of an existing 184 unit rental
mobile home park into a condominium park for resident ownership on approximately
25.9-acre parcel. This item was previously reviewed by the Council at a public hearing
on June 20, 2007.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA
APPROVING TENTATIVE TRACT MAP 34627 FOR THE
CONVERSION OF AN EXISTING 184 SPACE RENTAL
MOBILE HOME PARK TO A CONDOMINIUM PARK FOR
RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO DRIVE
IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29"
PRIOR ACTIONS:
On May 9, 2007, the Planning Commission voted 5-0-2 (Commissioners Caffery and
Scott absent), to recommend denial of the Tentative Tract Map 34627 for the
conversion of a rental mobile home park to a condominium park for resident ownership.
The Commission was of the opinion that the applicant did not adequately address the
concerns that the Commission raised at the April 11, 2007 meeting (Meeting minutes
attached).
ITEM NO.�_
City Council Staff Report; July 21,2010
77M 34627-Mobile Home Conversion
Page 2 of 3
On June 20, 2007, the City Council reviewed the project and voted to uphold the
Planning Commission's recommendation to deny the proposal (Meeting minutes
attached). The applicant filed a petition with the Riverside County Superior Court to set
aside the Council's decision. The Superior Court, in a decision that was sustained by
the Appellate Court, ordered the City Council to set aside its decision to deny the
application and directed the City Council to conduct further proceedings and reconsider
the application without deviating from the state-mandated criteria for approving
mobilehome park applications.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA guidelines,
an Initial Study and a Negative Declaration was prepared for the proposed conversion
of the mobile home park community to resident ownership.
STAFF ANALYSIS:
Tentative Tract Map 34627 is a request for the conversion of an existing 184 space
rental mobile home park into condominium lots for resident ownership within an R-MHP
zoning designation. The subject property contains approximately 25.9-acres. The Palm
Springs View Estates Mobile Home Park will remain a mobile home park community.
All Resident Households will be afforded the opportunity to either (1) buy the space on
which their mobile home is situated, or (2) continue to rent the space on which their
mobile home is situated, then the rent increases will be set in accordance with the
provisions of California Government Code Section 66427.5.
Tenant impact Report
Under the Subdivision Map Act, Government Code Section 66427.5(b), the applicant is
required to report on the impact of the conversion upon residents of the Mobilehome
Park to be converted to resident ownership. The trial court determined that the
amended Tenant Impact Report (TIR) that the applicant submitted to the City Council in
2007 was timely and adequately disclosed and addressed the issues raised by the City
during the City's consideration of the application.
Resident Survey
Under the provisions of Section 66427.5 (d) of the Subdivision Map Act, the applicant is
also required to obtain a survey of support of the residents of the Mobilehome Park for
the proposed conversion to resident ownership. As noted above, the judicial decisions
rendered in the litigation between the City and the Applicant determined that state law
does not authorize the City Council to perform any qualitative review of the survey
results; the City Council is only allowed to inquire as to whether the survey was
performed. If the City Council determines that the survey was in fact performed, then
the requirement has been fully satisfied. The Applicant performed the survey and
submitted it to the City as part of its application material in 2007.
�a
G.
City Council Staff Report; July 21,2010
TTM 34627-Mobile Home Conversion
Page 3 of 3
Conclusions
The courts have determined that the scope of the City Council's review of a mobilehome
park conversion is limited to a determination of whether the applicant has complied with
the specific requirements of Section 66427.5 of the Government Code. The City
Council does not have any discretionary authority in this regard. For all practical
purposes, the City Council has a purely ministerial role in the review of such
applications. The applicant has performed each of the requirements of state law and
therefore the City Council does not have the discretion to deny the application. Staff
recommends that the City Council adopt the attached Resolution, approving Tentative
Tract Map 34627, subject to standard conditions of approval applicable to tentative
maps.
FISCAL IMPACT:
No fiscal impact.
r ' wing, Thomas Wil ,,Assistant City Manager
Dir ctor of P ng Services
David H. Ready, City er Doug Volland, City Attorney
Attachments:
1. Minutes of the Planning Commission
2. Minutes of the City Council
3. Draft Resolution and Conditions of Approval
4. Reduced Copy of Proposed Subdivision
S
9~'M° Department of Planning Services N E
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CITY OF PALM SPRINGS
CASE NO: TTM 34627 DESCRIPTION: To consider an application by
The Loftin Firm for Tentative Tract Map 34627 to
APPLICANT: The Loftin Firm convert an approximately 25.9 acre tract of 184
Palm Springs View Estates existing mobile home rental units to a resident-
Mobile home Park owned condominium mobile home park. The
subject site is located at 6300 Bolero Drive,
Zoned R-MHP, Section 29.
4
.. ................ ..
City of Palm Springs
Planning Commission Minutes of
a May 9,2007
All-
prod c , provile
the original site plan and the entry access point for large delivery trucks and the g
zone.
-George Arce, owner & developer Phase 11, thanked the Commissio staff for their
hard work and is looking forward to the development"
There being no further comments, the Public Hearin closed.
Commissioner Hutcheson requested a bring staff address any traffic calming
devices installed on Cerritos and C " oad" Mr" Fuller responded traffic speed bumps
have been installed on Cerritos ad and further stated that both of these streets are
collector roads (designed to nect neighboring roads to major roads).
Vice Chair Hochan noted this project is an enhancement for this area because this
site is used as mping ground.
M/S/ ce Chair Hochanadel/Ringlein, 5-0, 2 absent/Scott/ C
Conditions ot Approval.
NOTE: The Planning Commission considered a request by The Loftin Firm
for a continuation of this item to the meeting of June 13, 2007. The
Planning Commission decided to proceed and hear the case.
7. Case TTM 34627 -An application by The Loftin Finn on behalf of the owners
to subdivide the existing 184 space rental mobile home park, Palm Springs
View Estates Mobile Home Park, for condominium purposes. The site is an
approximate 25.9-acre tract and is located at 6300 Bolero Drive, Zoned R-
MHP, Section 29, APN-s: 681-310-018, 681-270-003, and 007. (Project
Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the
staff report dated May 9, 2007. He reported this case was continued from the April 11 th
meeting to allow the applicant time to furnish an updated Tenant Impact Report (TIR)
and have the City Attorney present at this meeting.
Vice Chair Hochanadel requested staff address the state's jurisdiction and the
Commission's role in reviewing this project. Mr. Lowndes responded the Commission's
role is to identify all the criteria has been met. He indicated the fire conditions have
been satisfied by the fire department, however, the easement concern has not been
addressed.
5
City of Palm Springs
Planning Commission Minutes of
May 9,2007
Chair Marantz opened the Public Hearing.
-Jon Rodrigue, The Loftin Firm representing the applicant, stated the concerns with the
flow and pressure of the fire hydrant and access to the rear gate have been resolved.
Mr. Rodrigue provided further details relating to location of the easement and the
Tenant Impact Report.
-Dick Matthews, Palm Springs, stated a discrepancy with the distance of the fire hydrant
and requested further study of the rental program.
-Bob Slagle, Palm Springs, addressed concerns with the Tenant Impact Report,
-Judy Farrell, Palm Springs, voiced concerns with economic displacement of the
tenants.
-Arlene Battishill, Palm Springs, addressed concern for more renters protection
especially tenants on fixed-incomes.
-Harold Baumea, Palm Springs, stated a discrepancy with the street names on the map
and problems with sewer back-up and the sidewalk widths.
-Eddie Scott, Palm Springs, stated a concern with the sidewalk widths, sewer problems
and the economic displacement of the tenants.
-Jon Rodrigue, applicant rebuttal, addressed the conversion process, the opportunity to
purchase and inspections conducted by the state on the infrastructure of mobile home
11ar-
-Jean Stevens, Palm Springs, addressed re-zoning of the mobile home park and a
problem with home loans for low income residents.
-Tom Bennett, Palm Springs, voiced concern for more protection of the elders.
There being no further comments, the Public Hearing was closed.
Vice Chair Hochanadel requested clarification on the process of the sewer survey. Mr.
Rodrigue responded the sewer survey is currently under process and the cost is
$50,000.
Marcus Fuller, Assistant Director of Public Works, summarized staff s decision to
recommend denial, based on the Tenant Impact Report (TIR) submitted last year, it
should include 1/2 of the mobile home park is within a flood zone, emergency access is
prevented and the road is not on an easement of record.
Vice Chair Hochanadel requested staff address city liability. Staff responded that
currently the mobile home park is under state control and once converted into resident
ownership it is under local control.
Commissioner Hutcheson stated he felt Mr. Fuller summarized it well and there are too
many unanswered questions. He made a motion to deny the project.
M/SIC (Hutcheson/Ringlein, 5-0, 2 absent/Scott/ Caffery) To recommend denial to the
City Council.
6
6
City of Palm Springs
Planning Commission Minutes of
April 11,2007
existing single-family dwelling addition constructed without permi ithin
the required 15 foot setback located at 1590 Paseo El Mirad ne R-1-C,
Section 11, APN: 507-122-004. (Project Planner: Da ' ewell, Planning
Technician)
Edward Robertson stated after discussion the applicant's attorney there was a
mutual agreement to continue this ite finitely pending a meeting between staff and
the applicant.
Chair Marantz opene Public Hearing, and there being no appearances, the Public
Hearing was clo
M/S/ tcheson/Vice Chair Hochanadel, 6-0, 1 abstain/Caffery) To continue, to an
7. Case TTM 34627 -An application by The Loftin Firm on behalf of the owners
to subdivide the existing 184 space rental mobile home park; Palm Springs
View Estates Mobile Home Park, into a condominium park. The site is an
approximate 25.9-acre and is located at 6300 Bolero Drive, Zoned R-MHP,
Section 29, APN;s: 681-270-003, 681-270-007 & 681-310-018. (Project
Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the
staff report dated April 11, 2007. He stated that all residents will be afforded the
opportunity to either buy the space on which their mobile home is situated or continue to
rent the space.
Chair Marantz requested staff address condition #7 regarding portions of the mobile
home park which are not provided with a sewer system. Marcus Fuller, Assistant
Director of Public Works, responded that the records for this mobile home park, built in
the late 1960's, could not confirm that all of the park is connected to the public sewer
system. Therefore he recommended condition is proposed.
Chair Marantz opened the Public Hearing:
.The following persons spoke in support of the proposed project:
-Jon Rodrigue and Jacob Gould, representing the applicant, The Loftin Firm, provided
an overview of the mobile home park using a power point presentation. Mr. Rodrigue
provided further details relating to the benefits of the conversion process, the relevant
agencies, the Tenant Impact Report (TIR), City Rent Control vs. State
Rent, the emergency access and the sewer system.
S
City of Palm Springs
Planning Commission Minutes of
April 11,2007
The following persons spoke in opposition of the proposed project..
-Bob Slagle, Palm Springs, voiced concerns on a separate TIR hearing and
summarized discrepancies on the application.
-Cal Hackler, Palm Springs, voiced concern with errors on the table for the low-income,
survey date; and indicated 66% of residents do not support the conversion.
-Dick Matthews, Palm Springs, voiced concerns relating to the wash easement
and indicated this would place a hardship on the owners.
-Erma Orsino, Palm Springs, concerned with the airplane noise which has affected the
resale value.
-Eddie Scott, Palm Springs, requested delay in approval of this project; spoke about
substandard lots and overhead utility lines.
-Don Leeker, Palm Springs, submitted photographs pertaining to the run-off water with
mosquitoes in this area affecting health & safety.
-Melinda Woolley, Palm Springs, voiced concerns with the displacement of many
residents.
-Tom Bennett, Palm Springs, stated most of the residents are in their golden years and
requested postponement of the project.
There being no further appearances the Public Hearing was closed.
Craig A. Ewing stated he spoke with the City Attorney regarding the Community
Facilities District and indicated this condition need to be imposed since no new units are
being created.
Chair Marantz noted her concerns with the 40 year facility and the infrastructure
problems.
Commissioner Ringlein requested the applicant address the tenants right to continue to
rent indefinitely. Jon Rodrigue provided further details relating ownership of land, the
condominium overly and the renter's and owner's rights.
Chair Marantz stated she did not feel she has enough information to make a decision at
this point.
Commissioner Caffery clarified the Commission's role for this project is acceptance of
the findings staff has provided. He summarized the findings and noted all the questions
and concerns which have been brought up are State regulated. Craig A. Ewing
responded that the internal improvements of the park are regulated by the State which
prevent local involvement. Commissioner Caffery suggested a continuance with the
City Attorney present to provide the Commission with the law. Otherwise he felt the
conditions of approval met the findings.
6
City of Palm Springs
Planning Commission Minutes of
April 11,2007
Craig A. Ewing stated if there is an area of uncertainty on the Commissions part relating
to an updated Tenant Impact Report (TIR) this may be an issue to explore at a future
meeting.
Commissioner Hutcheson stated he prefers further clarification regarding the
easement rather than adding a condition.
M/S/C (Caffery/Scott, 7-0) To continue, to an indefinite date, as amended:
*The City Attorney to be present.
*The City Attorney to advise the Commission on the submittal of an updated Tenant
Impact Report.
*Clarification on the easement location.
A recess was taken at 3:32 p.m. The meeting resumed at 3:43 p.m.
proposed General Plan Amendment to reclassify existing land use of
and M15 to GC (General Commercial) and a Change of Zone from R- (6)
and R-2 to Planned Development District (PD-332) to establish ne esign
standards and guidelines for the development of a retail com rcial and
office complex to be located at 3201 North Indian Canyon Dri , Zoned R-G-
A-6 and R-2, Section 3, APN's: 504-121-005; 006 and 010 roject Planner:
Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background ormation as outlined in the
staff report dated April 11, 2007.
Chair Marantz requested staff address the surr riding areas and questioned the area
toward the west of this property and the s acks. Staff responded that the property
towards the west is a single family reside and the remaining parcels are vacant.
Chair Marantz opened the Public aring.
-William Kleindienst, WWC Mills Architects, provided details pertaining to the
distance from the resid ial area, landscaping, height, the elevator shaft, the
meandering bike pa and setbacks. He summarized a request for modification and/or
deletion of condi ' s.
-Khris Benz, s e in support of this project; stating this project will revitalize this area
of the city.
-Phillip il, Palm Springs, spoke in support of this project, and stated this area is in
nee commercial services.
u er commen s, e u is earing was c ose .
City Council Minutes
June 20, 2007
Page 7
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVIC
NO. 4_" Motion Councilmember Mills, s y Mayor Pro Tem
Pougnet and carried 4.1 on a rol e.
AYES: Co ber Foat, Councilmember Mills, Mayor Pro Tern
ugnet, and Mayor Oden.
Gulloch.
1.E, THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES
MOBILEHOME PARK TENTATIVE TRACT MAP 34627, FOR THE
CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILEHOME
PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP
ON AN APPROXIMATE 25.9-ACRE PARCEL, LOCATED AT 6300
BOLERO DRIVE:
Fred Lowndes, Associate Planner, provided background information as
outlined in the staff report dated .June 20, 2007.
Councilmember McCulloch requested staff address the Applicant request
to continue the Item.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
JON RODRIGUE, Representing Applicant, requested a continuance to
work with the residence group on Infrastructure and a moderate income
program, provided background information and incorporated information
provided to the City Council as a part of the public hearing, and addressed
the concerns of the residences.
Mayor Oden requested the Applicant address the timing of a continued
public hearing.
Councilmember Font requested the Applicant address how the residents
could support the conversion without knowing the price.
Councilmember Pougnet commented on the request for continuance on
the basis of the development of a moderate income impact program.
JUDY FARRELL, Palm Springs, stated there are no benefits for the
homeowners, and in opposition of the conversion.
PATTI SHALLIES, Palm Springs, spoke In opposition to the conversion of
the park to resident ownership.
City Council Minutes
June 20,2007
Wage 8
HAROLD SAUMEA, Palm Springs, commented on issues of jurisdiction,
access and emergency access, and In opposition to the conversion.
t
JAMIE MURO, Palm Springs, spoke in opposition to the conversion of the
park to resident ownership.
ERMA ❑RSINO, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
ROBERT WALSH, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
GORDEN DODDS, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
VESTA RUTH, Palm Springs, read a letter from a resident In opposition to
the conversion of the park to resident ownership.
DICK MATHEWS, Palm Springs, commented on the deficiencies on the
application and title, spoke in opposition to the conversion of the park to
resident ownership.
KRISTEN DOBIS, .Palm Springs, commented an the relationship of the
residents to the Loftin Group, spoke in opposition to the conversion of the
park to resident ownership.
CAL HACKLER, President Palm Springs View Estates, commented on the
financial impact to residents and rent control, spoke in opposition to the
conversion of the park to resident ownership.
ARLENE BATTISHILL, commented on the jurisdiction of the wash parcel
and road, spoke in opposition to the conversion of the park to resident
ownership.
JEAN STEPHENS, commented on the recent improvements at the park,
spoke in opposition to the conversion of the park to resident ownership.
BOB SLAGLE, Palm Springs, commented on jurisdiction issues, road and
utility easements, spoke in opposition to the conversion of the park to
resident ownership.
JOHN EMINGER, commented on the homeowners association, reserves,
spoke in opposition to the conversion of the park to resident ownership.
JACKIE EMINGER, commented on disclosure, and spoke in opposition to
the conversion.
City Council Minutes
June 20, 2007
Page 9
WENDIE BUSIG-KOHN, requested the City Council not displace people.
JOHN RODRIGUE, Rebuttal, requested the City Council review the
written materials that address the concerns of the residents.
No further speakers coming forward, the public hearing was closed.
Mayor Aden commented on the previous discussion with El Dorado Park,
the impacts to the residents and the moderate income program,
commented on the .tenant impact report, the review by the Planning
Commission, and requested the Applicant review several issues of the
application.
Councilmember McCulloch requested the City Attorney address the action
that is being taken by the City Council and the disclosure of materials that
were presented after the application was filed.
Councilmember Mills requested the City Attorney address if the City can
deny a map for public safety issues and how it relates to a Mobile Home
Park, requested staff address the condition with respect to a 10-year
program for rent control.
ACTION: Adopt 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."
Motion Councilmember Foat, seconded by Mayor Oden and
unanimously carried on a roll call vote.
The City Council recessed at 8:33 P,M.
The City Council reconvened at 8:46 P.M.
PALM SPRINGS GENERAL PLAN:
Ken Lyon, Associate Planner, provided bac information as
outlined in the staff report dated June 20
Councilmember Foat re staff address the tracked changes version
of the General !'
Co ember Mills requested staff address if staff is recommending the
anges in the tracked changes edition, and requested. of
R�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 34627, FOR THE SUBDIVISION OF AN
EXISTING 184 UNIT RENTAL MOBILE HOME PARK ON
APPROXIMATELY 25.9-ACRE PARCEL INTO A
CONDOMINIUM PARK . LOCATED AT 6300 BOLERO
DRIVE, ZONED R-MHP, SECTION 29.
WHEREAS, The Loftin Firm (the "Applicant") has filed an application with the City
pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract
Map 34627; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Tentative Tract Map 34627 was given in accordance with applicable
law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comment
in accordance with CEQA; and
WHEREAS, the subdivider has complied with the requirements of Government Code
Section 66427.5(b) (the "Law") and the City Council, pursuant to judicial decisions
relating to this application, does not have any discretion to qualitatively evaluate and
review the subdivider's submission and has merely a ministerial role to play in the
review of a mobilehome conversion under the Law; and
WHEREAS, notice of 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 July 21 2010, a public hearing on the application for project was held by
the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1:
An Initial Study and a Negative Declaration was prepared pursuant to the California
I �
Environmental Quality Act (CEQA) and the CEQA guidelines, the City Council hereby
adopts the Negative Declaration for Tentative Tract Map 34627.
Section 2:
Resolution No. 21941 denying the proposed tentative map is set aside and repealed.
Section 3:
Tentative Tract Map Case No. TTM 34627 for the conversion of the existing 184 lot
rental Mobile home Park to a resident owned condominium park is approved as
required under the Law subject to the attached conditions of approval in Exhibit A
ADOPTED THIS 21" day of July, 2010
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
14
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. 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 March 15t 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT A
Tentative Tract Map 34627
CONDITIONS OF APPROVAL
6300 Bolero Drive
July 21, 2010
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, 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.
PROJECT SPECIFIC CONDITIONS
1. The existing gate that serves that portion of Palm Springs Estates Mobile
home Park that is located north of the Palm Canyon Wash shall be retrofitted
to open electronically so that the resident can enter and leave without getting
out of their vehicles and be a minimum width of 14 feet. An access code shall
be given to emergency services (Fire / Police/ ambulance).
2. Prior to the recordation of the CC&R's, the property owner shall obtain a
maintenance inspection for compliance with Title 25 of the California Code of
Regulations which governs the interior of mobile home parks such as utilities,
roads, the common areas and facilities, including without limitation such Title
25 requirements that apply to the park as marking lot lines, and all violations
of Title 25 shall be remedied. Proof of remediation shall be confirmed in
writing from HCD or such other entity or agency that performed the inspection
and a copy of same provided to the City of Palm Springs.
ADMINISTRATIVE:
3. 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.
4. The owner 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
O
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 2 of 9
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 Case TTM 34627. 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 judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
5. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs,
walls, and fences between the curb and property line, including sidewalk or
bikeway easement areas that extend onto private property, in a first class
condition, free from waste and debris, and in accordance with all applicable
law, rules, ordinances and regulations of all federal, state, and local bodies
and agencies having jurisdiction at the property owner's sole expense. This
condition shall be included in the recorded covenant agreement for the
property if required by the City.
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal
Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be
based upon the total building permit valuation as calculated pursuant to the
valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of
total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the
Public Arts Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access
and viewing.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with
Government Code Section 66477 (Quimby Act), all residential development
t,
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 3 of 9
shall be required to contribute to mitigate park and recreation impacts such
that, prior to issuance of residential building permits, a parkland fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park improvement fees.
The parkland mitigation amount shall be based upon the cost to acquire
and fully improve parkland.
POLICE DEPARTMENT:
8. Developer shall comply with Section II of Chapter 8.04 of the Palm
Springs Municipal Code.
FIRE DEPARTMENT:
9. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points &
fire hydrants.
10. Fire Department Access: Fire Department Access Roads shall be
provided and maintained in accordance with Sections 901 and 902 CFC.
(902.1 CFC)
MINIMUM ACCESS ROAD DIMENSIONS:
• The Palm Springs Fire Department requirements for two-way
private streets, is a minimum width of 24 feet, unless otherwise
allowed by the City engineer. No parking shall be allowed in either
side of the roadway.
11. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in
width when in the open position and equipped with a Knox (emergency
access) key switch. A Knox key operated switch shall be installed at
every automatic gate. Show location of switch on plan. Show
requirement in plan notes.
12. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways shall be provided so that no portion of the exterior wall of
the first floor of any building will be more than 150 feet from such roads.
(902.2.1 CFC)
13. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require
an unobstructed vertical clearance of not less than 13 feet 6 inches. This
will include clearance from vegetation and trees. (902.2.2.1 CFC)
16
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 4 of 9
14. Road Design: Fire apparatus access roads shall be designed and
constructed as all weather capable and able to support a fire truck
weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside
turning radius is 30 feet, with an outside radius of 45 feet.
15. Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed
within 250 feet of all combustible construction. No landscape planting,
walls, or fencing is permitted within 3 feet of fire hydrants, except
groundcover plantings. (1001.7.2 CFC)
16. Water Systems and Hydrants: Underground water mains and fire
hydrants shall be installed, completed, tested. Installation, testing, and
inspection will meet the requirements of NFPA 24 1995 edition. Prior to
final approval of the installation, contractor shall submit a completed
Contractor's Material and Test Certificate to the Fire Department. (9-2.1
NFPA 24 1995 edition)
17. Fire hydrant systems: Following Fire Department selection of hydrant
locations, plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to
construction. (901.2.2.2 CFC). All fire hydrants shall be installed in
accordance with Desert Water Agency specifications and standards. No
landscape planting, walls, fences, signposts, or aboveground utility
facilities are permitted within 3 feet of fire hydrants, or in line with hose
connections.
ENGINEERING:
1. The Engineering Division recommends that if this application is approved,
such approval is subject to the following conditions being completed in
compliance with City standards and ordinances.
2. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
CALLE ARRIBA (PRIVATE STREET)
3. The applicant shall provide proof of legal rights to use the existing private
access road across the Palm Canyon Wash. The Grant Deed referred to
on Tentative Tract Map 34627, recorded October 6, 1958, in Book 2343,
Page 222, reserved an easement for road and water pipeline purposes
over the easterly 60 feet of that property currently identified by Assessor's
Parcel Number (APN) 681-270-020. The easement was reserved for
benefit of Lawrence and Martha Crossley; no grant of easement to
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 5 of 9
successors or assigns has been provided or established. The applicant
shall also address the fact that Calle Arriba is not physically located within
the easterly 60 feet of the property identified by APN 681-270-020, and
shall obtain an appropriate easement over the current location of Calle
Arriba; or, upon verification of the legal rights to the easement reserved in
the Grant Deed recorded October 6, 1958, in Book 243, Page 222, shall
relocate Calle Arriba within the record easement. The applicant shall
demonstrate legal rights of access across the property identified by APN
681-270-020 prior to approval of a final map.
4. The applicant shall improve the Calle Arriba crossing of the Palm Canyon
Wash to meet or exceed a 100-year storm event. An "all weather"
crossing shall be constructed. The applicant shall be responsible for
submitting improvement plans and for securing approvals and an
Encroachment Permit for required improvements within the Palm Canyon
Wash from the Riverside County Flood Control & Water Conservation
District. The Calle Arriba improvements shall be secured, pursuant to a
Subdivision Improvement Agreement, or completed, prior to approval of a
final map.
SANITARY SEWER
5. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
6. The applicant shall demonstrate that all buildings are connected to the
public sewer system by means of an existing on-site private sewer
system. Evidence shall be provided through as-built plans and/or digital
video showing the existence of an on-site private sewer system serving
the entire property identified within Tentative Tract Map 34627. Evidence
demonstrating that all buildings are connected to the public sewer system
shall be provided to the City Engineer, prior to approval of a final map.
7. Any portion of the property identified within Tentative Tract Map 34627
that is not currently provided with public sewer service by means of an on-
site private sewer system connected to a public sewer main shall require
construction of an on-site private sewer system meeting current City
standards. Sewer plans shall be submitted to the Engineering Division for
review and approval. Private on-site sewer mains for residential projects
shall conform to City sewer design standards, including construction of 8
inch V.C.P. sewer main and standard sewer manholes. Sewer manhole
covers shall be identified as "Private Sewer". A profile view of the on-site
private sewer mains is not necessary if sufficient invert information is
20
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 6 of 9
provided in the plan view, including elevations with conflicting utility lines.
Plans for sewers other than the private on-site sewer mains, i.e. building
sewers and laterals from the buildings to the on-site private sewer mains,
are subject to separate review and approval by the Building Division. Any
required sewer improvements shall be secured, pursuant to a Subdivision
Improvement Agreement, or completed, prior to approval of a final map.
8. Provisions, acceptable to the City Engineer, for maintenance of the public
sewer easement, recorded January 8, 1971, as Instrument No. 71-4970,
shall be included in the Covenants, Conditions, and Restrictions (CC&R's)
required for this development. Notice shall be clearly included in the
CC&R's defining the restrictions of development within the easement
areas. The CC&R's shall advise the condominium owners of the City's
right to enter the site, clear and remove any and all improvements and/or
obstructions within the easement areas, and give the City the right to
charge all costs incurred in enforcing this provision to the Home Owners
Association. The CC&R's shall also advise the condominium owners of
the fact that the City is not required to replace in like kind, any landscaping
or other improvements within the public sewer, easement areas in the
event repair or replacement of the existing sewer main is required, and
that the City shall be limited to leaving the property in a rough graded
condition following any such repair or replacement.
9. All on-site private sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
private sewer system acceptable to the City Engineer shall be included in
the Covenants, Conditions and Restrictions (CC&R's) required for this
project.
DRAINAGE
10. All stormwater runoff across the property shall be accepted and conveyed
in a manner acceptable to the City Engineer and released to an approved
drainage system. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMP's).
11. A portion of the property is located within a special flood hazard area
(SFHA), and is subject to the provisions of Chapter 93.17.00 et. seq.
("Flood Damage Prevention") of the Palm Springs Zoning Code, and
applicable state and federal laws and regulations. Specifically, a portion
of the property, generally located south of Calle de Las Nube, is located
within a designated SFHA identified by Zone AO (Depth 3) as shown on
21
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 7 of 9
the current Federal Insurance Rate Map (FIRM) for the City of Palm
Springs, California, Riverside County, Community Panel Number 060257
0009D, dated July 7, 1999. The applicant shall comply with all applicable
local, state and federal laws and regulations associated with development
occurring within a SFHA.
12. The applicant is advised that, pursuant to the provisions of Chapter
93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs
Zoning Code, and applicable state and federal laws and regulations, the
placement of any new manufactured home, the removal and installation of
a replacement manufactured home, or the substantial improvement of any
existing manufactured home, located within a special flood hazard area
(SFHA) must be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated at least one (1) foot above the
base flood elevation, and be securely fastened to an adequately anchored
foundation system to resist flotation, collapse or lateral movement. The
base flood elevation specified for this property is 3 feet.
13. The applicant is advised that pursuant to federal regulations, the purchase
of flood insurance is mandatory for all Federal or federally-backed
financial assistance for the acquisition and/or construction of buildings in
special flood hazard areas or SFHA's. For existing structures currently
located in the SFHA, flood insurance will be required, unless the
structures can be protected against flooding in accordance with Chapter
93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs
Zoning Code, and applicable state and federal laws and regulations. The
applicant is advised to refer future owners of structures located in the
SFHA to www.floodsmart.gov for more information about mandatory flood
insurance.
GENERAL
14. The record property owner shall enter into a covenant agreeing to
underground all of the existing overhead utilities required by the Municipal
Code in the future upon request of the City of Palm Springs City Engineer
at such time as deemed necessary. The covenant shall be executed and
notarized by the property owner and submitted to the City Engineer prior
to approval of a final map. A current title report or a copy of a current tax
bill and a copy of a vesting grant deed shall be provided to verify current
property ownership. A covenant preparation fee in effect at the time the
covenant is submitted shall be paid by the applicant prior to approval of a
final map.
22
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 8 of 9
15. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation
of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
16. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as-built" information and returned to the Engineering
Division prior to issuance of a final certificate of occupancy. Any
modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
MAP
17. The applicant 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.
18. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A Title Report prepared for subdivision guarantee for
the subject property, the traverse closures for the existing parcel and all
lots created there from, and copies of record documents shall be
submitted with the Final Map to the Engineering Division as part of the
review of the Map. The Final Map shall be approved by the City Council
prior to completion of condominium conversion process.
19. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall
be approved by the City Attorney prior to approval of a Final Map.
20. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the
following data: California Coordinate System, CCS83 Zone 6 (in U.S.
feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way,
and centerlines shown as continuous lines; full map annotation consistent
with annotation shown on the map; map number; and map file name.
2
Planning Commission Draft Conditions of Approval July 21, 2010
TTM 34627 Page 9 of 9
G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN
(Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type
and format of G.I.S. digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
END OF CONDITIONS
24
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CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
a'
4
OEM
City Council
Meeting Date: July 21, 2010
Subject: Palm Springs View Estates MHP — TTM 34627
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 Notice of Public Hearing was published in the Desert Sun
on July 10, 2010.
1 declare under penalty of perjury that the foregoing is true and correct.
1C�AM I-D
Kathie Hart, CMC
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 Notice of Public Hearing 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 July 8, 2010.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on July 8, 2010, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (115 notices)
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
28
NEIGHBORHOOD COALITION REPS
Case TTM 34627 MODCOM AND MR PETE MORUZZI
Palm Springs View Estates HISTORIC SITE REP PALM SPRINGS MODERN COMMITTEE
Mobile Home Park P.O. BOX 4738
PHN for CC Meeting 07.21.10 PALM SPRINGS,CA 92263-4738
CITY OF PALM SPRINGS CASE TTM 34627
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
'ERIFICATION NOTICE 4-4?-D ATTN SECRETARY-TTM 34627 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
GUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA
JDIANS-0-0 INDIANS
2401 DINAH SHORE DRIVE
PALM SPRINGS,CA 92264
MS.SUE LOFTIN
THE LOFTIN FIRM
PONSORS 5760 FLEET STREET,STE. 110
CARLSBAD,CA 92008
009600605 009600613 009608068
CATHEDRAL GOLF CATHEDRAL GOLF CATHEDRAL GOLF
68311 PASEO REAL 68311 PASEO REAL 68311 PASEO REAL
CATHEDRAL CITY,CA 92234 CATHEDRAL CITY,CA 92234 CATHEDRAL CITY,CA 92234
009702376 009716620 009746811
DANFORD,HERMAN DAVID& HOWARD,DELORES A OXFORD,WILLIAM H
C 3 OLYN
VISTA 140 CALLE ARRIBA 168 VISTA DE OESTE
153 VISTA DE S, A 92264 A PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264
PALM SPRINGS,CA 92264
009720441
009720149 KEN WOOD ELECTRIC ILDRETILDRET WEMSTROM,CHARLES G&SHARON HH,BOYD
PO BOX 2842 R TRUST 163 VISTA DE OESTE
BIG BEAR LAKE,CA 92315 141 CALLE ARRIBA PALM SPRINGS,CA 92264
PALM SPRINGS,CA 92264
681260012 681260015 681270003
M S HOMEOWNERS ASSN CITY OF PALM SPRINGS PALM SPRINGS INV
2000 GOLF CLUB DR PO BOX 2743 1667 E LINCOLN AVE
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92263 ORANGE,CA 92865
681270018 681270020 681281014
CITY OF PALM SPRINGS RIVERSIDE COUNTY FLOOD CONT MONTEALEGRE,RAMON
PO BOX 2743 1995 MARKET ST PO BOX 1211
PALM SPRINGS,CA 92263 RIVERSIDE,CA 92501 PALM SPRINGS,CA 92263
681281015 681281016 681281017
VOWEL,JAMES& DONNA WELMAS,CHASE.D&MELODY S REYNO,JUNE&FREDDIE
BOX 179 2182 MARGUERITE ST 10169 PRESLEY ST
> PALM SPRINGS,CA 92264 SAN DIEGO,CA 92126
681281018 681281019 681282001
BOTLEY,ROBERT L&LEONA ROY,ARTHUR&WESSIE MAE TRUST CLIPPER,HENRY D&JOSEP14INE
2210 MARGUERITE ST 2230 MARGUERITE ST TRUST
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 2225 MARGUERITE ST
PALM SPRINGS,CA 92264
681282002 681282003 681282004
JAHRIES,CRAIG R&SALLY A F CLIPPER,PATRICIA I PURNELL,RICKY D
2207 MARGUERITE ST 2193 MARGUERITE ST 2171 MARGUERITE ST
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264
681282005 681282006 681282035
DAVIS,DAVID E D1AZ,MICHAEL,A WASH,ADDIE
2159 MARGUERITE ST 255 N EL CIELO RD 140 2146 LAWRENCE ST
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264
681282036 681282037 6§1182038
ARREGUIN,LUIS FLO.RES,PEREZ HECTOR M�'I�CALF,CHARLES&JEAN TRUST
2168 LAWRENCE ST 2180 LAWRENCE ST 568 W SUNVIEW AVE
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262
681282039 681282040 681283001
FIELD,DOUGLAS TENNERIELLO,ANGELA SPIZMAN,KATHLEEN
2200 LAWRENCE ST 2220 LAWRENCE ST PO BOX 513
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 CUBA,MO 65453
681283002 681283003 681283004
WILLIAMS,CALLIE MEJIA,LEOBARDO R&RUFINA WILLIAMS,CHARLES R
2199 LAWRENCE ST 2175 LAWRENCE ST 2157 LAWRENCE ST
PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264
681283005 681342001 681342002
WILLIAMS,CHRISTOPHER K FINKLE,ALAN&KATHLEEN COPELAND,JIMMIE
2139 LAWRENCE ST 505 CUSTER ST 6147 ARROYO RD 2
PALM SPRINGS,CA 92264 SPEARFISH, SD 57783 PALM SPRINGS,CA 92264
681342003 681342004 681342005
CHRISTENSEN,CAROLYN MAHLER,HARVEY I&CYNTHIA TRETHART,MELVYN&KATHRYN
27 NORTHWOODS LN 7205 LITTLER CT 251 CITADEL MEADOW BAY NW
LA CRESCENTA,CA 91214 MOORPARK,CA 93021 ,
681342006 681342007 681342008
MALLERNEE,ERWIN COPELAND,MARION R&JENNIFER NOLAN,LINDA M&MARY M ETAL
PO BOX 815 6147 ARROYO RD 7 1000 S ORANGE GROVE BLVD 10
DARRINGTON, WA 98241 PALM SPRINGS,CA 92264 PASADENA,CA 91105
681342009 681342010 681342011
BISNAR,DENNIS C&DIANNA R DAVIS,MICHAEL J&PATRICK A PFEIFFER,BRUCE L&VICTORIA L
2728 DEERFORD ST 26086 JODI CT TRUST
LAKEWOOD,CA 90712 MORENO VALLEY,CA 92555 409 MEADOW LN
MONROVIA,CA 91016
681342012 681342013 681342014
SMEDLEY,DERRICK S&SNAER WHITE,JACQUELINE ANN COLAVECCHIA,JOSEPH
YVONNE 2740 E WASHINGTON AVE 6181 ARROYO RD 3
5138 VININGS ESTATES WAY SE ORANGE,CA 92869 PALM SPRINGS,CA 92264
MABLETON,GA 30126
681342015 681342016 681342017
ARONY,JACLYN K PATT,DENN.IS M GRAY,DAVID W&MARIE M
3641 WOODCLIFF RD 6181 ARROYO RD 1 507 W ACACIA AVE
SHERMAN OAKS,CA 91403 PALM SPRINGS,CA 92264 EL SEGUNDO,CA 90245
681342018 681342019 681342020
C.LARK,JAMES L&OROLYN R PALMQIIIST,SUSAN L PECKHAM,M ANTHONY III TRUST
TRUST 6176 ARROYO RD 3 6301 WINSLOW DR
17225 SUPERIOR ST PALM SPRINGS,CA 92264 HUNTINGTON BEACH,CA 92647
NORTHRIDGE,CA 91325
681342021 681342022 68/342023
CORDOVA,GARY &BIRDIE A RESORT PLANNING DELLAMAR,MARILYN
5457 OXFORD DR 38855 DECATUR BLVD 210 6134 ARROYO RD 7
CYPRESS,CA 90630 LAS VEGAS,NV 89103 PALM SPRINGS,CA 92264
681342024 681342025 681342026
FINCI,AL&ROSE TRUST OT1'OSON,DWIGHT GREGORY CARRILLO,HECTOR ETAL
3463 LISA PL 517 RIDGE DR 731 BROOKSTONE RD 204
SHERMAN OAKS,CA 91403 REBER CITY,UT 84032 CHULA VISTA,CA 91913
681342027 681342028 681342029
QUARANTA FAMILY LIVING TRUST ELMORE,OWEN EUGENE& STOINOFF,LAVELLE M TRUST
20311 VIA GUADALUPE ELWANDA R TRUST 2021 SW MAIN ST 66
YORBA LINDA,CA 92887 7920 BLUE LAKE DR PORTLAND,OR 97205
SAN DIEGO,CA 92119
681342030 681342031 681342032
GRIMES,ANDREW R SCHLESINGER,SEYMOUR&JEAN HARRIS,M A&MARTHA A
388 S LAKE AVE TRUST 2822 NE ALAMEDA ST
PASADENA,CA 91101 908 INVERNESS DR PORTLAND,OR 97212
RANCHO MIRAGE,CA 92270
681342033 681342034 681342035
BELL,STEVE R MCGRANE,DOROTHY L TRUST BAGLEY,WILLIAM J
6105 MONTECITO DR 183 916 N 1ST AVE A 1610 PARK AVE E 1
PALM SPRINGS,CA 92264 ARCADIA,CA 91006 BREMERTON, WA 98337
681342036 681342037 681342038
SELTZER,SHERWIN RESSLER,JOHN DAVID&JAMES BUE,PATRIZIA LO
6105 MONTECITO DR 1$6 ANDREW TRUST 4609 W CARBON ST
PALM SPRINGS,CA 92264 1230 E SYCAMORE AVE TORRANCE,CA 90503
ORANGE,CA 92866
681342039 681342040 681342041
LOCKS,RONALD&SANDRA M COHEN,HARVEY H&JACKIE L GERMAIN,BENJAMIN&MARIA
TRUST TRUST TRUST
32168 BEACHLAKE LN 81129 AVENIDA SOMBRA 10826 FRANKLIN AVE
WESTLAKE VILLAGE,CA 91361 INDIO,CA 92203 CULVER CITY,CA 90230
681342042 681342043 681342044
DAHL,JAYNE WISHOFF,NORMAN&M J TRUST TRELLES,MANUEL M
6135 MONTECITO DR 6 1555 CLEVELAND RD 15 ALEXANDRIA
PALM SPRINGS,CA 92264 GLENDALE,CA 91202 IRVINE,CA 92614
681342045 681342046 681342047
MURRAY,WILLIAM&MURIEL CICCONE,MAURINE TRUST PALFERY,RONALD
4329 VISTA DE LAGO WAY 13928 GALE AVE 6175 MONTECITO DR
FAIR OAKS,CA 95628 HAWTHORNE,CA 90250 PALM SPRINGS,CA 92264
681342048 681342049 681342050
GRAHAM,JULIE A BRONSTEIN,JUDITH MCCREADY,ROY G& IRENE
1900 N KENWOOD ST 212 N SYBIL RD 13081 ESTES CIR
BURBANK,CA 91505 PALM SPRINGS,CA 92262 WESTMINSTER, CA 92683
681342051 681342052 681342053
BARRY,JAMES&SHAREEN YOUNG,GARY VELLA,GERALD J&SH.EILA A
1152 BALBOA AVE 6175 MONTECITO DR A 9416 SAVAGE RD
BURLINGAME,CA 94010 PALM SPRINGS,CA 92264 HOLLAND,NY 14080
681342054 681342055MAiURO,EDWARD C&JANE7.D 681342056
WILLIAMS,MICHAEL R&JOANN ETAL RASCHKOW,WANDA
6150 MONTECITO DR 2 6150 MONTECITO DR 4
PALM SPRINGS,CA 92264 7901 COWAN AVE PALM SPRINGS,CA 92264
LOS ANGELES,CA 90045
681342057 681342058 681342059
STEENIEBOP TRUST ZINTGRAFF,ROBERT E ESCOE,PHILIP&DELIA TRUST
16021 NE 93RD ST 30824 LA MIRANDA UNT 122 9313 DEBRA AVE
VANCOUVER, WA 98682 RCH.O STA MARG,CA 92688 NORTH HILLS,CA 91343
681342060 681342061 681342062
HESSE,MAYNARD O&GERTRUDE L GAWLIK,LEON P&KERI SUE MORGAN,THOMAS A&TONYA
TRUST 5832 HACIENDA DR 453 33RD ST
5101 PASEO DEL PAVON HUNTINGTON BEACH,CA 92647 MANHATTAN BEACH,CA 90266
TORRANCE,CA 90505
681342063 681342064 681342065
FRIEDMAN,RICHARD A&LEMIRA LEE,MCDANIEL UN T MCCULLOR DANIEL T
TRUST 8 WARM SANDS PL 6164 MONTECITO DR 4
133 S OAKHURST DR 201 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264
BEVERLY HILLS,CA 90212
681342066 681342067 681342068
HUNCKLER,STEPHEN P&BARBARA JOHNSON,RONALD LEE TRUST ADAMS,GREG F&BART L
S 2620 2ND AVE 4D 1309 PTARMIGAN LOOP
6242 SURFPOINT CIR SAN DIEGO,CA 92103 PARK CITY,UT 84098
HUNTINGTON BEACH,CA 92648
681342069 682282005DAVIS,DAVID E 687050003
COMMON LOT 2159 MARGUERITE ST USA 687
' PALM SPRINGS,CA 92264
687050018 687050039
USA 687 USA 687
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 34627
PALM SPRINGS VIEW ESTATES MOBILE HOME PARK
6300 BOLERO DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of July 21, 2010. The City Council meeting begins at 6:00
p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by The Loftin Firm for Tentative Tract
Map 34627 to convert an approximate 25.9 acre tract of 184 existing mobile home rental units to
a resident-owned condominium mobile home park located at 6300 Bolero Drive, Zone R-MHP;
Section 29.
ENVIRONMENTAL DETERMINATION: An Initial Study and a Negative Declaration was
prepared under the guidelines of the California Environmental Quality Act (CEQA) and will be
reviewed by the City Council at the meeting. Members of the public may view this document in
the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs,
between the hours of 8:00 a.m. to 11.00 a.m. and from 2:00 p.m. to 6:00 p.m. Monday through
Thursday, and submit written comments at, or prior, to the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at the City Hall between the hours of 8.00
a.m. to 11:00 a.m. and from 2:00 p.m. to 6:00 p.m. Monday through Thursday. Please contact
the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to
review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward 0. Robertson, Planning Services Department at
(760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
lme�sTh_o�mpson, City Clerk
?9
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CITY OF PALM SPRINGS
CASE NO: TTM 34627 DESCRIPTION: To consider an application by
The Loftin Firm for Tentative Tract Map 34627 to
APPLICANT: The Loftin Firm convert an approximate 25.9 acre tract of 184
Palm Springs View Estates existing mobile home rental units to a resident-
Mobilehome Park owned condominium mobile home park located at
6300 Bolero Drive, Zone R-MHP, Section 29.
30