HomeMy WebLinkAbout061219 SR CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: December 19, 2006
CASE NO: ZOA 06-02
REQUEST: Request for recommendation to City Council for approval of an
amendment to the Subdivision Ordinance, Title 26, and a zoning
ordinance amendment relating to residential condominium conversion
approvals.
APPLICANT: City of Palm Desert
NOTE: This is a complex issue which staff is introducing to Planning Commission.
Please review the draft ordinance because staff needs Commission input for
the final draft.
Also, staff will be scheduling meetings in the near future with major rental
property owners to gain their input toward the final draft ordinance.
Staff recommends that Case No. ZOA 06-02 be continued to a date
uncertain.
I. BACKGROUND:
September 26, 2006 Planning Commission directed staff to prepare a report and set
the matter of industrial/commercial and residential condominiums for public hearing.
At that time staff reported that the city presently has extremely little process for the
review of residential condominium conversions and that during the peak of the
residential conversion fever in early 2006, staff discussed residential conversions
with property owners representing at least 25% of the residential rental units in the
city.
It was also noted that the process to create commercial / office / industrial
condominiums could be clarified.
STAFF REPORT
CASE NO. ZOA 06-02
DECEMBER 19, 2006
IL DISCUSSION:
Staff and the City Attorney have prepared two draft ordinances. The first will
address issues related to Title 26, Subdivisions. The latter will address conversion
of existing residential rental units to residential condominiums.
Approval of newly constructed residential condominium units and non-residential
space as condominiums will continue to be handled through the precise plan /
conditional use permit process with appropriate maps.
A. AMENDMENT TO TITLE 26 - SUBDIVISIONS
This amendment has been prepared by the City Attorney to maintain
consistency between the "Subdivision" section of the Municipal Code and
anticipated changes to the 'Zoning" section (condominium conversion
ordinance).
Specifically, this amendment will require that conversion to condominiums
will require approval of a tentative and final map except in certain
circumstances where a parcel map may be used (i.e., the draft condominium
conversion ordinance would allow conversion of four (4) or fewer units via a
parcel map).
B. CONVERSION OF EXISTING RESIDENTIAL RENTAL UNITS TO
CONDOMINIUMS
The City presently has approximately 7,200 residential rental units.
Published reports indicate that the vacancy rate for these units is currently
3.7%. When the vacancy rate falls below 5%, finding a unit to rent becomes
more difficult and rent increases become greater.
According to RealFacts, an independent service which tracks vacancy rates
and rent increase rates, the vacancy rate in Palm Desert has dropped from
7.3% in the third quarter of 2005 to 3.7% in the third quarter of 2006 while
average rents have increased 7.6% over the year.
Eliminating more rental units from the pool will further lower the vacancy rate
making it more difficult for persons to find such housing. Lowering the
vacancy rate may also lead to higher rent increases in the future.
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STAFF REPORT
CASE NO. ZOA 06-02
DECEMBER 19, 2006
Current code has little criteria for the review of condominium conversions.
The only area is parking. Condominium units are required to provide an extra
one half parking space per unit than similar rental units. There is no
requirement for the inspection of structural conditions, consideration of
tenant displacement impacts, mitigation of those impacts or the need to
preserve rental housing in the city.
The draft ordinance addresses these issues and others as follows:
1. All conversion projects shall conform to the zoning district in which it
is located at time of approval.
2. Tenant and neighboring property owner notification of the public
hearing is required.
3. Tenants must be given the exclusive right to purchase their unit.
4. The applicant must provide a detailed tenant relocation plan
containing information related to relocation and moving assistance,
payment of relocation fee, give special consideration to "Special
Category Tenants" as defined, and other matters.
5. A condition on all approvals will require that the proponent shall
provide a top to bottom building inspection of each unit, conducted by
a certified, bonded and insured inspection service, and make that
report available to all prospective purchasers.
6. Maintain affordability provisions for all units currently in housing
agreements.
7. Provide an Affordable Housing Implementation Plan (AHIP) showing
how the project will meet the affordable housing needs of the city.
8. Limits the conversion of projects for which a Certificate of Occupancy
has been issued in the previous six months.
9. Prohibits conversions when the average rental vacancy rate in the city
during the 12 previous months is below 5% or if the conversion would
result in the vacancy rate being below 5%.
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STAFF REPORT
CASE NO. ZOA 06-02
DECEMBER 19, 2006
10. Exempts projects containing four(4)or fewer units from the provisions
of item 9 above.
III. ANALYSIS:
In the General Plan the City commits to providing housing for all economic
segments of the community. The existing vacancy rate for rental housing is
extremely low (3.7%). The conversion of any units in the current rental pool to
condominiums will lower the vacancy rate even further unless new apartment
projects are built.
Other than RDA projects, the only rental housing approved in the city in the past
three years is the 260-unit Ryan Ogalnick project at Cook Street and Frank Sinatra
Drive.
The draft ordinance proposes to preserve rental housing in the city by prohibiting
the conversion of existing units when vacancy rates fall below a specified threshold
which staff proposes to set at 5%.
When the average vacancy rate is above 5%, which could be expected to occur
when new apartment projects get constructed or when the rental housing market
softens, then conversions could be processed.
The draft ordinance also proposes to protect public health, safety and welfare
through the imposition of structural inspections of the units and review of tenant
displacement impacts with appropriate mitigation required.
IV. CEQA REVIEW:
The proposed amendments have been reviewed for compliance with CEQA and the
Director of Community Development has determined that a Negative Declaration
of Environmental Impact should be certified.
V. RECOMMENDATION:
That the Planning Commission, by minute motion, continue Case No. ZOA 06-02
to a date uncertain.
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STAFF REPORT
CASE NO. ZOA 06-02
DECEMBER 19, 2006
VI. ATTACHMENTS:
A. Draft resolutions
B. Legal notice
Prepared by: Reviewed and Approved by:
ebe Smith Phil Drell
Planning Manager Director of Community Development
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5
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF AMENDMENT TO CERTAIN
CHAPTERS TO TITLE 26 OF THE MUNICIPAL CODE OF THE
CITY OF PALM DESERT, CALIFORNIA, DEALING WITH
SUBDIVISIONS.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
day of 19th day of December, 2006, hold a duly noticed public hearing on the above noted
amendment; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No.
06-78," in that the Director of Community Development has determined that the project is a
Class 5 Categorical Exemption for the purposes of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission did
find the following facts and reasons to exist to justify recommending approval of said
Amendment:
1. The amendment is consistent with the general plan and is required pursuant to
the adoption of the Residential Condominium Conversion Ordinance.
NOW,THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That it does hereby recommend to the City Council approval of Amendment to
Title 26, Exhibit A attached hereto.
PASSED,APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this day 19th of December, 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES K. LOPEZ, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
Section 1: That Section 26.08.210 of the Code of the City of Palm Desert, California, be and
the same is hereby repealed.
Section 2: That Section 26.08.395 be and the same is hereby added to the code of the City
of Palm Desert, California, to read as follows:
"Section 26.08.395 -- Subdivision. Subdivision means the definition
provided in Section 66424 of the Government Code of the State of
California as the same exists or may hereafter be amended."
Section 3: That Chapter 26.54 be and the same is hereby added to Title 26 of the Code to
read as follows:
Chapter 26.54 - Conversion to Condominiums
"Chapter 26.54.010 - Requests
Except as may be provided for in Chapter 25.112
A tentative and final map shall be required for all conversions of any existing units
either residential or commercial as are required in Section 66426 of the
Government Code of the State of California except as provided therein as the
same currently exists or may hereafter be amended.
In addition, the Planning Commission shall recommend and Council shall find
that the conversion of such units are in accordance with the General Plan of the
City of Palm Desert, California, and in accordance with and not violate of the
Housing Element of the General Plan of the City of Palm Desert, California."
PLANNING COMMISSION RESOLUTION NO. _
AN RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO CITY COUNCIL APPROVAL OF AN
AMENDMENT TO TITLE 25 (ZONING) OF THE PALM
DESERT MUNICIPAL CODE ADDING CHAPTER 25.112
RESIDENTIAL CONDOMINIUM CONVERSIONS.
CASE NO. ZOA 06-02
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 19th day of December, 2006, hold a duly noticed public
hearing to consider a request by the City of Palm Desert for the above mentioned
Zoning Ordinance Amendment; and
WHEREAS, the current Palm Desert Zoning Code does not provide
specific procedures for review of condominium conversions of existing rental
stock related to inspection of structural conditions, tenant displacement and
relocation mitigation, and the preservation of rental housing within the city; and
WHEREAS, the conversion of apartment units to condominiums within the
City presents a potential threat to the public health, safety and welfare in that the
City currently has an estimated vacancy rate for rental housing of less than 5%,
according to an independent survey of apartment vacancies in the City of Palm
Desert; and
WHEREAS, it is important to provide a method to address tenant
displacement and relocation, preserve rental housing, and ensure converted
structures will meet current code provisions to protect the public health, safety
and welfare of the community; and
WHEREAS, the City has studied the economic and market impacts of
converting apartment units to condominiums and recognizes that amendments to
the City's Zoning Code are necessary to address these impacts and to ensure
that the conversion of apartments to condominiums complies with all federal,
state and local laws; and
WHEREAS, the Residential Condominium Conversion Ordinance will
ensure that the conversion of apartments to condominiums complies with the
goals and policies of the City's General Plan, including the goals and policies
pertaining to encouraging affordable housing and providing a variety of housing
opportunities; and
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 06-78" in that the Director of
PLANNING COMMISSION RESOLUTION NO.
Community Development has determined that the project will not have a
significant negative impact on the environment and a Negative Declaration has
been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did find the following facts and reasons to exist to
justify recommendation of approval of the Zoning Ordinance Amendment:
1. Based on the entire record before the Planning Commission and all
written and oral evidence presented to the Planning Commission,
the Planning Commission finds that the proposed Ordinance will
provide a method for the inspection and examination of structural
conditions, mitigation measures related to tenant displacement and
relocation, and the preservation of rental housing.
2. Pursuant to California Government Code Section 65867.5(b), and
based on the entire record before the Planning Commission,
including all written and oral evidence presented to the Planning
Commission, the Planning Commission hereby finds that the
Residential Condominium Conversion Ordinance is consistent with
the goals and policies of the City's General Plan, specifically the
goals and policies pertaining to encouragement of affordable
housing and providing a variety of housing opportunities.
3. Based on the entire record before the Planning Commission and all
written and oral evidence presented to the Planning Commission,
the Planning Commission finds that the public health, safety and
welfare will be best served by the adoption of the Residential
Condominium Conversion Ordinance set forth herein, because this
Ordinance will ensure that structures converted from rental units to
condominium units will meet current code standards, and help
preserve Palm Desert's stock of rental housing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the Planning Commission in this case.
2. That it does hereby recommend approval to the City Council of
ZOA 06-02, Exhibit "A" attached hereto.
3. That it does hereby recommend certification of a Negative
Declaration of Environmental Impact, attached as Exhibit "A"
hereto.
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PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 19th day of December, 2006, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES K. LOPEZ, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
CHAPTER 25.112
RESIDENTIAL CONDOMINIUM CONVERSIONS
SECTIONS:
Section 25.112.010 Purpose.
Section 25.112.020 Definitions.
Section 25.112.030 General Requirements.
Section 25.112.040 Tenant Notifications and Public Hearing Notice.
Section 25.112,050 Standards for Condominium Conversions.
Section 25.112.060 Tenant Purchase Option.
Section 25.112.070 Tenant Relocation Plan.
Section 25.112.080 Consumer Protection Provisions.
Section 25.112.090 Applications for Condominium Conversions.
Section 25.112.100 Affordable Housing,
Section 25.112.110 Tentative Map Review Procedures.
Section 25.112.120 Findings — Condominium Conversion Projects.
Section 25.112.130 Planning Commission/City Council Determination.
Section 25.112.140 Lapse of Conditional Use Permit for Condominium
Conversion Projects.
Section 25.112.150 Exemptions.
Section 25.112.010 Purpose.
The purpose of this Chapter is to:
1. Provide standards and criteria for regulating the conversion of rental
housing to residential condominium units or rental housing to a
condominium hotel, community apartment or stock cooperative types
of ownership and for determining when such conversions are
appropriate;
2. Mitigate any hardship to tenants caused by their displacement; and
3. Provide for the public health, safety and general welfare.
Section 25.112,020 Definitions.
"Condominium" means condominium projects, community apartment projects
and stock cooperatives, as defined in Section 1351 of the California Civil Code.
"Condominium Conversion Project" means a project for which a valid map and
conditional use permit application have been submitted to the city after the
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PLANNING COMMISSION RESOLUTION NO.
adoption of this Ordinance to divide one or more parcels of real property into
condominiums/condominium hotels and the creation of separate ownership of
the units therein with a separate interest in the space within all structures
thereon. This shall not apply to those conversion projects for which a valid map
was approved by the City prior to adoption of this ordinance.
"Condominium Hotel" or "Condotel" means any condominium hotel that is
intended for transient use and is subject to Chapter 3,28 Transient Occupancy
Tax. A condominium hotel is a commercial use and can only be located within a
commercial zone or residential zone with approval of a conditional use permit. A
condominium hotel is not considered a residential property and may not be used
as a permanent place of residence. Conversion of rental units to a condominium
hotel shall be subject to Chapter 25.112 Residential Condominium Conversions.
"Disabled Person" means persons defined in United States Code, Title 42,
Section 423 and shall also include handicapped persons, as defined in the
California Health and Safety Code, Section 50072.
"Eligible Tenant" means a tenant who has had a valid lease in a unit that is
proposed to be converted in connection with a Condominium Conversion Project
for a minimum of thirty-six (36) months prior to the first tenant notification prior to
filing the application for a Condominium Conversion Project pursuant to Section
66427.1(b) of the Subdivision Map Act.
"Low Income" means income does not exceed eighty percent (80%) of the then-
current area median household income of the County of Riverside adjusted for
family size by the State Department of Housing and Community Development in
accordance with adjustment factors adopted and amended from time to time by
the United States Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937.
"Moderate Income" means income does not exceed one hundred twenty percent
(120%) of the then-current median household income of the County of Riverside
adjusted for family size by the State Department of Housing and Community
Development in accordance with adjustment factors adopted and amended from
time to time by the United States Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing Act of 1937.
"Organizational Documents" means the declaration of restrictions, articles of
incorporation, by-laws and any contracts for the maintenance, management or
operation of all or any part of a Condominium Conversion Project.
"Senior Citizen" means any person who is sixty-two (62) years of age or older.
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PLANNING COMMISSION RESOLUTION NO.
"Special Category Tenants" means those Eligible Tenants, which also qualify as
disabled, senior citizen, Low Income, or Very Low Income individuals as defined
under California law.
"Subdivision Map Act" means those provisions set forth in Government Code
section 66410 et seq., as amended or superseded.
"Unit" means the particular area of land or airspace that is designed, intended or
used for exclusive possession or control of individual owners or occupiers.
"Vacancy Rate" means the number of vacant apartment dwelling units being
offered for rent or lease in the City of Palm Desert shown as a percentage of the
total number of apartment dwelling units offered for or under rental or lease
agreement in the City. Said vacancy rate shall be as established by a public or
private service that monitors apartment vacancies within the City.
"Very Low Income" means income that does not exceed fifty percent (50%) of
the then-current area median household income of the County of Riverside
adjusted for family size by the State Department of Housing and Community
Development in accordance with adjustment factors adopted and amended from
time to time by the United States Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing Act of
1937.19.64.020
Section 25.112.030 General Requirements.
A. Where Permitted. If approved under the provisions of this chapter
and Title 25 (Zoning), Condominium Conversion Projects may be allowed in any
district in which residential uses are permitted, including specific plan areas,
subject to the approval of a conditional use permit, a tentative map, and all other
provisions and requirements of this Chapter.
B. Review Responsibilities. Condominium Conversion Projects shall
be approved by the Planning Commission pursuant to a conditional use permit.
A tentative and final tract map shall be required for all subdivisions creating five
(5) or more condominiums, five (5) or more parcels as defined in Section 783 of
the California Civil Code, a community apartment project containing five (5) or
more parcels for the conversion of a dwelling to a stock cooperative containing
five (5) or more dwelling units or for the creation of five or more condotel units.
A parcel map shall be required for all subdivisions creating four (4)
or fewer condominiums, four (4) or fewer parcels as defined in Section 783 of the
California Civil Code, a community apartment project containing four (4) or fewer
parcels, or for the conversion of a dwelling to a stock cooperative containing four
(4) or fewer dwelling units.
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PLANNING COMMISSION RESOLUTION NO.
C. Applicable Standards. Condominium Conversion Projects shall
conform to: (1) The applicable standards and requirements of the zoning district
in which the project is located at the time of approval; (2) Chapter 25.112 of the
Palm Desert Municipal Code; and (3) all other applicable local, state, and/or
federal laws and codes.
Section 25.112.040 Tenant Notification and Public Hearing Notice
A. The applicant for a Condominium Conversion Project shall be
responsible for notifying existing and prospective tenants of the proposed
conversion in accordance with Sections 66452.8 and 66452.9 of the Subdivision
Map Act. The applicant shall provide each tenant with a copy of all City Staff
Reports on the application pursuant to Government Code 66452.3. The applicant
shall give notice to tenants residing in units proposed to be converted that a final
map for the proposed conversion has been approved in accordance with Section
66427.1(b) of the Subdivision Map Act. If the Condominium Conversion Project
is approved, the applicant shall give all tenants written notice of the termination
of their tenancies in accordance with Section 66427.1 of the Subdivision Map
Act.
B. All Other Notices. The applicant shall give all other notices
required by applicable federal, state and local law, except that all City pubic
hearing notices shall be given as prescribed in Section 25.86 et. al. and Section
26.20.110 of the Palm Desert Municipal Code.
Notwithstanding the provisions of Section 25.86 and Section
26.20.110, all public hearing notices given pursuant to this Chapter shall include
notice to all current tenants.
C. Evidence of Tenant Notification. The applicant shall submit
evidence in writing to the Director of Community Development, certified under
penalty of perjury, that all applicant-required notification specified in subsections
(A) and (B) of this Section have been satisfied.
Section 25.112.050 Standards for Condominium Conversions.
Condominium conversions shall conform to the applicable local, state, and
federal laws in place at the time of the conversion, subject to any valid,
applicable exceptions thereto.
Additional General Requirements
A. That any above ground utility lines serving the project shall be
placed underground.
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PLANNING COMMISSION RESOLUTION NO.
B. That all condominium conversion projects shall include provisions
to demonstrate compliance with the Palm Desert Energy Standards as provided
in Ordinance No. 1124 as may be amended.
C. Surveying. Permanent lot stakes and tags shall be installed at all
lot corners by a California licensed surveyor or civil engineer unless otherwise
required by the Director of Public Works.
Section 25.112.060 Tenant Purchase Option.
The property owner shall provide each tenant of a rental unit to be converted
pursuant to this Chapter with an exclusive right to purchase his or her respective
unit in accordance with Section 66427.1 of the Subdivision Map Act.
Section 25.112.070 Tenant Relocation Plan.
The applicant shall submit a tenant relocation plan containing and complying with
the following:
A. A detailed report describing the relocation and moving assistance
information to be given to each tenant. The report shall state in detail what
assistance will be provided for Special Category Tenants.
B. The applicant shall provide a tenant information handout and a
questionnaire to each tenant with an envelope, postage prepaid, addressed to
the Community Development Department. The questionnaire shall include
questions regarding tenant income, length of tenancy, age, disability, and
household size, and shall request that the tenant return the completed form
directly to the Community Development Department.
Section 25.112.080 Consumer Protection Provisions.
In addition to the tenant protection provisions set forth in the Subdivision Map Act,
the applicant shall comply with the following provisions, as conditions of any
condominium conversion use permit for a Condominium Conversion Project
approved pursuant to this Chapter:
A. Relocation assistance. The applicant shall offer to each Eligible
Tenant a plan for relocation to alternate housing. The relocation plan shall
provide for the following:
1 . Assistance to each Eligible Tenant in locating alternate
housing, including but not limited to, providing availability reports where
necessary.
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PLANNING COMMISSION RESOLUTION NO.
2. Payment of a relocation fee to each Eligible Tenant who
does not choose to purchase a condominium unit. The payment shall be a one-
time lump sum cash payment of at least one thousand five hundred dollars
($1,500.00) in 2006 (calendar year) dollars. An otherwise Eligible Tenant is not
entitled to a relocation fee pursuant to this subsection if the tenant has been
evicted for just cause. In addition, a cash payment of actual deposit costs shall
be made to each Eligible Tenant who does not choose to stay for utility deposits
and hook-up costs.
3. In the case of Eligible Tenants who are also Special
Category Tenants as defined in Section 25.112.020 herein, the applicant shall
provide to the displaced Special Category Tenant, in addition to the relocation
fee specified in Section 25.112.080(A)(2) above, a one-time lump sum payment
not to exceed a total of one thousand dollars ($1,000.00) in 2006 dollars, of the
first month's rent in the alternate housing, if required upon moving in; and the
transfer to the new complex of all key, utility, and pet deposits to which the
Special Category Tenant is entitled upon vacating the unit.
4. The relocation assistance payments referenced in
subsections (A)(2) and (A)(3) above shall be paid at the time the tenant vacates
the unit.
5. The applicant's offer to each Eligible Tenant of relocation
assistance shall be free of any coercion, intimidation, inducement or promise not
herein specified and shall not cause the tenant to vacate in advance of a
timetable or schedule for relocation as approved in the application for approval of
conversion.
B. Antidiscrimination. The applicant or owner of any condominium unit
within a project shall not discriminate in the sale, or in the terms and conditions
of sale, of any dwelling unit against any person who is or was a lessee or tenant
of any such dwelling unit because such person opposed, in any manner, the
conversion of such building into a condominium.
Section 25.112.090 Applications for Condominium Conversions.
After preliminary applications are accepted for further discretionary review, the
applicant shall submit all the information required for a conditional use permit
application and a tentative map pursuant to this code. In addition, the applicant
shall submit information demonstrating that the project as a whole will be in good
repair on the interior and the exterior when offered for sale.
Recognizing that the conversion of existing structures which have been
previously occupied and constructed as rental units presents unique problems to
present tenants and future buyers, the application for a Condominium
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PLANNING COMMISSION RESOLUTION NO.
Conversion Project conditional use permit shall include the following information
in addition to that required by other sections of this Code:
A. Pest Inspection Report. A report by a California-licensed structural
termite and pest control specialist certifying whether or not all attached and
detached structures are free of infestation and structural damage caused by
pests and dry rot.
B. Building History Report. A building history report identifying the
date of construction of all elements of the project and permit history.
C. Plot Plans. Plot plans and elevations, fully dimensioned, indicating
the type and location of all buildings and structures, parking and landscape
areas, signs and any other plans which may be deemed necessary by the
Director of Community Development, screening, landscape and irrigation plans
shall be included in the plans.
D. As a condition of approval, all condominium conversion projects
shall be required to provide at its cost each buyer with a Housing Inspection
Report prepared by a certified, bonded and insured home inspection service.
Said Housing Inspection Report to detail the structural condition and use life of
all elements of the property, including, but not limited to, foundations, roofs,
electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational
facilities, sound transmissions of each building, mechanical equipment, parking
facilities, and drainage facilities. Such report also shall describe the condition of
refuse disposal facilities, swimming pools, saunas, and fountains; stone and
brickwork; fireplaces, exterior lighting, appliances, mechanical equipment for
heating and cooling, interior and exterior paint and/or stucco.
Section 25.112.100 Affordable Housing.
In higher density multifamily residential developments, the City encourages
inclusion of affordable units. As part of the application package, the applicant
shall submit an Affordable Housing Implementation Plan (AHIP) showing how the
project will meet the affordable housing needs of the city.
Said affordable Housing Implementation Plan shall include specific information
concerning the demographic and financial characteristics of the project, including,
but not limited to, the following:
A. The square footage and number of rooms in each unit;
B. The rental rate history for each type of unit for the previous three
years;
C. The monthly vacancy rate for each month during the preceding
three years;
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PLANNING COMMISSION RESOLUTION NO.
D. A complete list of the number of tenants and tenant households in
the project, including the following information:
1. Households with persons 62 years or older;
2. The family side of households, including a breakdown of
households with children five years and younger, and between 5 and 18 years;
3. Households with handicapped persons;
4. The length of residence;
5. The age of tenants; and
6. The designation of low- and moderate-income households
and whether any are receiving federal or state rent subsidies.
When the subdivider can demonstrate that demographic
information is not available, this requirement may be modified by the Community
Development Director.
E. The proposed price of each of the units.
F. The proposed homeowners' association budget, detailed to include
fixed costs, operating costs, reserves, administration, and contingencies; and
G. A statement of intent as to the types of financing programs to be
made available, including any incentive programs for existing residents.
H. Signed copies from each tenant of the notice of intent to convert, as
specified in this chapter. The applicant shall submit evidence that a certified letter
of notification was sent to each tenant for whom a signed copy of such notice is
not submitted.
In the event that recorded covenants and/or affordable housing agreements
already exist for persons and families of Moderate Income, Low Income and/or
Very Low Income in a multi-family complex or development which an applicant
seeks to convert pursuant to this Chapter, the applicant is required, and must
demonstrate in its AHIP, that the Moderate Income, Low Income and Very Low
Income unit(s) will remain available to persons and families of Moderate Income,
Low Income and Very Low Income, either by the recordation of new affordability
covenants for the newly converted units, which shall be subject to prior review
and approval by the Director of Development Services and the City Attorney, or
by continuing to rent converted units to qualified Moderate Income, Low Income
and Very Low Income persons and families for the duration of the remaining
recorded covenants and/or affordable housing agreements.
11
PLANNING COMMISSION RESOLUTION NO.
Section 25.112.110 Tentative Map Review Procedures.
A. List of Tenants. In addition to the standard application requirements
for tentative maps, the applicant shall submit a complete mailing list of all tenants
occupying the subject property and two corresponding sets of address labels.
The Director shall mail a public hearing notice for the tentative map hearing to
each tenant on the mailing list and to property owners within 300 feet in
accordance with the procedures of the Subdivision Map Act and the Municipal
Code.
B. Tentative Map Review. Tentative maps shall be approved,
approved subject to conditions, or denied by the Planning Commission.
Decisions on tentative maps for Condominium Conversion Projects shall be
governed by the Subdivision Map Act and this Chapter.
C. Council Findings for Residential Conversions. A final map for a
condominium conversion shall not be approved unless the City Council makes all
of the findings set forth in Section 66427.1 of the Subdivision Map Act regarding
tenant notification, right to purchase and other requirements, as well as all other
applicable local, state, and federal laws.
Section 25.122.120 Findings - Condominium Conversion Projects.
The Planning Commission/City Council shall not approve a Condominium
Conversion Project conditional use permit for same unless it finds all of the
following:
A. That the Condominium Conversion Project is consistent with the
applicable findings specified in Section 25.72.070 of this code.
B. That the applicant does not seek to convert an apartment complex
or development, which received a Certificate of Occupancy for any unit, located
therein within the preceding six (6) months.
C. That the average rental vacancy rate in apartment dwelling units
within the City during the twelve (12) months preceding the filing of the
application is equal to or greater than five percent (5%). Upon submission of the
application, the Director of Community Development shall obtain, at Applicant's
sole expense, a written study or report from an objective, unbiased 3rd party
which provides such studies and/or reports as part of its ordinary course and
scope of business on a statewide or nationwide basis, which, in the Director's
reasonable opinion reflects, that the average rental vacancy rate in apartment
units then available in the City is five percent (5%) or higher. If the average
rental vacancy rate in the City during the twelve (12) months preceding the filing
of the application is less than five percent (5%) or if as a result of the approval of
said condominium conversion the vacancy rate would be less than five percent
12
PLANNING COMMISSION RESOLUTION NO.
(5%), the Condominium Conversion Project shall be denied unless the Planning
Commission/City Council determines that at least one of the following overriding
considerations exist:
1. Evidence has been submitted that at least fifty percent
(50%) plus one (1) of the Eligible Tenants have voted to recommend approval of
the conversion; or
2. That the evidence presented to the Planning
Commission/City Council as part of the application for the Project overwhelmingly
complies with the policies and intent of this Chapter. Applicants shall be able to
request that the Planning Commission/City Council allow for a Condominium
Conversion Project to be considered for approval where the vacancy rate and/or
tenant approval percentage requirements contained in subsections (C) and
(C)(1) herein have not been met but have been substantially complied with.
D. Conversions of projects containing four units or less shall not be
subject to the above vacancy rate provisions.
Section 25.112.130 Planning Commission/City Council Determination.
The Planning Commission shall hold a duly noticed public hearing on a
Condominium Conversion Project, and the decision of the Planning Commission
shall be final unless a timely appeal is filed.
When a timely appeal is filed to a decision of the Planning Commission, the City
Council shall hold a public hearing on a Condominium Conversion Project, and
the decision of the City Council shall be final and subject to appeal only by way
of writ of mandate to a court of appropriate jurisdiction. A Condominium
Conversion Project conditional use permit may be approved subject to such
conditions as the Planning Commission/City Council may prescribe.
Section 25.112.140 Lapse of Conditional Use Permit for Condominium
Conversion Project.
A. Notwithstanding the time periods prescribed in Section 25,72.110, a
conditional use permit for a condominium conversion shall lapse and shall
become void two years following the date on which the conversion conditional
use permit became effective, unless prior to the expiration of two years, either: (i)
separate property interests have been created and recorded for each unit; (ii) a
building permit has been issued and reconstruction or other work necessary as a
result of the conversion is commenced and diligently pursued toward completion
on the site which was the subject of the conversion permit application; or (iii) a
certificate of occupancy has been issued for the structure(s) which was the
subject of the conversion use permit application.
13
PLANNING COMMISSION RESOLUTION NO.
B. A conversion conditional use permit subject to lapse may be renewed
for an additional period of one year at the discretion of the Planning Commission,
provided that prior to the expiration date, a letter requesting renewal of the
conversion conditional use permit is filed with the Director of Community
Development.
Section 25.112.150 Exemptions.
For residential developments, the conversion of existing apartments to a
condominium project shall be exempt from the requirements of parkland
dedication or parkland in-lieu fees if, on the date of conversion, the apartment
complex is at least five (5) years of age and no additional dwelling units are to
be added as part of the conversion as provided in Section 66477(d) of the
Subdivision Map Act.
14
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT B
NEGATIVE DECLARATION
CASE NO: ZOA 06-02
APPLICANT/PROJECT SPONSOR:
City of Palm Desert
Department of Community Development
73-510 Fred Waring Drive
Palm Desert, California 92260
PROJECT DESCRIPTION/LOCATION:
A resolution amending Title 25 (Zoning) of the Palm Desert Municipal Code
adding Chapter 25.112 Residential Condominium Conversions.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect
on the environment. A copy of the Initial Study has been attached to document
the reasons in support of this finding. Mitigation measures, if any, included in the
project to avoid potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
Arn
15
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: Condominium Conversion Ordinance
2. Lead Agency and Name and Address:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
3. Contact person and Phone Number.
Stephen R. Smith, Planning Manager
Department of Community Development
(760) 346-0611 ext. 486
4. Project Location:
City of Palm Desert
5. Project Sponsor's Name and Address:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
6. General Plan Designation:
N/A
7. Zoning:
N/A
8. Description of Project: (Describe the whole action involved, including but not limited to later phases
of the project, and any secondary, support, or off-site features necessary for its implementation.
Attach additional sheet(s) if necessary.)
Adoption of an ordinance to establish a procedure for the processing of conversion
of existing residential rental housing to condominiums.
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings. Attach additional
sheet(s) if necessary.)
N/A
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement):
N/A
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
X Population / Housing
CITY(STANDARD)\SACUTB\2006\22628.1 PAGE 1 OF 15 FORM "J"
DETERMINATION(To be completed by the Lead Agency):
On the basis of this initial evaluation:
1 find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,there will not be a
significant effect in this case because revisions in the project have been made by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
El I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a"potentially significant" or"potentially significant unless mitigated"
impact on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant
to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,because all potentially
significant effects(a)have been analyzed adequately in an earlier FIR or NEGATIVE DECLARATION pursuant to
applicable standards,and(b)have been avoided or mitigated pursuant to that earlier FIR or NEGATIVE
DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project, nothing
further is required.
Signature Date
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved(e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based
on project-specific factors as well as general standards(e.g, the project will not expose sensitive receptors to pollutants,
based on a project-specific screening analysis).
All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well
as project-level, indirect as well as direct,and construction as well as operational impacts.
Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation,or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant If there are one
or more"Potentially Significant Impact' entries when the determination is made, an EIR is required.
"Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less than Significant Impact." The
lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
MY tSTANDARD)ISANTB2006A22628.1 Page 2 of 15 FORM "J"
Earlier analyses may be used where,pursuant to the tiering, program FIR, or other CEQA process,an effect has been
adequately analyzed in an earlier FIR or negative declaration. Section 15063(c)(3)(D). In this case,a brief discussion
should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
e) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts
(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should, where
appropriate, include a reference to the page or pages where the statement is substantiated.
Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion.
This is only a suggested form, and lead agencies are free to use different formats; however,lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format
is selected.
The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question;and
b) the mitigation measure identified,if any, to reduce the impact to less than significance.
SAMPLE QUESTION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AESTHETICS. Would the project:
a) Have a substantial adverse effect on
a scenic vista? �l
b) Substantially damage scenic
resources,including,but not limited El El El
to,tress,rock outcroppings,and
historic buildings within a state
scenic highway?
c) Substantially degrade the existing
visual character or quality of the site El
and its surroundings?
d) Create a new source of substantial
light or glare which would adversely El El E3 IN
affect day or nighttime views in the
area?
MY(STANDARDtSACitTBl2006t22628.1 Page 3 of 15 FORM "J„
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AGRICULTURE RESOURCES. In determining
whether impacts to agricultural resources are
significant environmental effects,lead agencies may
refer to the California Agricultural Land Evaluation
and Site Assessment Model (1997)prepared by the
California Dept. of Conservation as an optional model
to use in assessing impacts on agriculture and
farmland. Would the project:
a) Convert Prime Farmland, Unique ❑
El
Farmland, or Farmland of Statewide
Importance(Farmland),as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for El
agricultural use,or a Williamson S�
Act contract?
c) Involve other changes in the existing Pof
environment which,due to their El 1:1
I�
location or nature,could result in
conversion of Farmland, to non-
agricultural use?
AIR QUALITY. Where available,the
significance criteria established by the applicable air
quality management or air pollution control district
may be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct El El
implementation of the applicable air
quality plan?
b) Violate any air quality standard or
contribute substantially to an El 13 El
existing or projected air quality
violation?
c) Result in a cumulatively
considerable net increase of any El ED
criteria pollutant for which the
project region is nonattainment.
under an applicable federal or state
ambient air quality standard
(including releasing emissions
which exceed quantitative
thresholds for ozone precursors)?
CITY(STANDARDASACVTB(20 0 612 26 28.t Page 4 of 15 FORM "I"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
d) Expose sensitive receptors to
substantial pollutant concentrations?
e) Create objectionable odors affecting
a substantial number of people?
BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect, El
�{
either directly or through habitat Kl
modifications, on any species
identified as a candidate,sensitive.
or special status species in local or
regional plans,policies,or
regulations, or by the California
Department of Fish and Game or
U.S.Fish and Wildlife Service?
b) Have a substantial adverse effect on
any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies, regulations or by the
California Department of Fish and
Game or U.S.Fish and Wildlife
Service?
e) Have a substantial adverse effect on El
federally protected wetlands as
defined by Section 404 of the Clean
Water Act(including,but not
limited to, marsh,vernal pool,
coastal,etc.)through direct removal,
filling, hydrological interruption,or
other means?
d) Interfere substantially with the El
movement of any native resident or r�
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors,or
impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
CITY(STANDARDMACUTBt26W'22628.1 Page 5 of 15 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan,or other approved local,
regional,or state habitat
conservation plan?
CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change El El
in the significance of a historical
resource as defined in § 15064.59
b) Cause a substantial adverse change El ❑
in the significance of an
archaeological resource pursuant to
§ 15064.5?
C Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
d) Disturb any human remains, El El El
tc-x
including those interred outside of �7
formal cemeteries?
GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to El El
potential substantial adverse effects,
including the risk of loss,injury or
death involving:
it Rupture of a known earthquake El
�{
fault,as delineated on the most 7
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure,
including liquefaction?
iv) Landslides? El El El
b) Result in substantial soil erosion or El El El
the loss of topsoil? l�2
MY(STANDARD)vSACVTsv20o6v22628.1 Page 6 of 15 FORM "7"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
c) Be located on a geologic unit or soil El 11
that is unstable,or that would
become unstable as a result of the
project,and potentially result in on-
or off-site landslide, lateral
spreading,subsidence, liquefaction
or collapse?
d) Be located on expansive soil,as El EJ
defined in Table 18 1 B of the
Uniform Building Code(1994),
creating substantial risks to life or
property?
e) Have soils incapable of adequately El E3 El
rye'
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not
available for the disposal of waste
water?
HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the El El El
public or the environment through
the routine transport, use,or
disposal of hazardous materials?
b) Create a significant hazard to the El El El 1-771
public or the environment through SG
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
c) Emit hazardous emissions or handle El
hazardous or acutely hazardous
materials, substances,or waste
within one-quarter mile of an
existing or proposed school?
d) Be located on a site which is El El E3 Rr
included on a list of hazardous
materials sites compiled pursuant to
Government Code section 65962.5
and,as a result, would it create a
significant hazard to the public or
the environment?
CITY(STANDARD)ASACAJTB,2006\22628.1 Page 7 of 15 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) For a project located within an y
airport land use plan or, where such El El El
�1
a plan has not been adopted,within
two miles of a public airport or
public use airport, would the project
result in a safety hazard for people
residing or working in the project
area?
f) For a project within the vicinity of a ❑
private airstrip, would the project u�
result in a safety hazard for people
residing or working in the project
area?
g) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a
significant risk of loss, injury or El El
death involving wildland fires,
including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with
wildlands?
HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards
or waste discharge requirements? El El El
b) Substantially deplete groundwater El ❑
supplies or interfere substantially
with groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of the
local groundwater table level(e.g.,
the production rate of pre-existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
c) Substantially alter the existing El El El
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, in a
manner which would result in
substantial erosion or siltation on-or
off-site?
CITY(STA< DARD')ASACUTBi2006122628.t Page 8 of 15 FORM "T'
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
d) Substantially alter the existing ❑
El
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river,or
substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on-or off-site?
e) Create or contribute runoff water 1y5
which would exceed the capacity of El
�!
existing or planned storm water
drainage systems or provide
substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade }may
water quality? El El
X�l
g) Place housing within a 100-year ❑ ❑ wit
flood hazard area as mapped on a �t
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard
area structures which would impede
or redirect flood flows?
if Expose people or structures to a
significant risk of loss, injury or !�
death involving flooding, including
flooding as a result of the failure of
a levee or dam?
j) Expose people or structures to
inundation by seiche,tsunami,or
mudflow?
LAND USE AND PLANNING. Would the
project:
a) Physically divide an established
community? El 110
CITY(STANDARD)ASACUTB\2006A22628_I Page 9 of 15 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
b) Conflict with any applicable land
El El El
use plan, policy, or regulation of an
agency with jurisdiction over the
project(including,but not limited
to the general plan, specific plan,
local coastal program,or zoning
ordinance)adopted for the purpose
of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat El El
conservation plan or natural
community conservation plan?
MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
to Result in the loss of availability of a El ED
locally-important mineral resource
recovery site delineated on a local
general plan,specific plan or other
land use plan?
NOISE. Would the project result in:
a) Exposure of persons to or generation ]
of noise levels in excess of l�
standards established in the local
general plan or noise ordinance,or
applicable standards of other
agencies?
b) Exposure of persons to or generation
of excessive groundborne vibration
or groundborne noise levels?
c) A substantial permanent increase in El ❑ �(
ambient noise levels in the project
vicinity above levels existing
without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in
the project vicinity above levels
existing without the project?
CITY(STANDARD)ASACVTBl2006\1-2628.1 Page 10 of 15 FORM "I"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted,within
two miles of a public airport or
public use airport, would the project
expose people residing or working
in the project area to excessive noise
levels?
t} For a project within the vicinity of a El El El
{�
private airstrip, would the project S�
expose people residing or working
in the project area to excessive noise
levels?
POPULATION AND HOUSING. Would the
project:
a) Induce substantial population El
growth in an area,either directly
(for example, by proposing new
homes and businesses)or indirectly
(for example,through extension of
road or other infrastructure)?
b) Displace substantial numbers of El El
existing housing, necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of El El
y�
people,necessitating the
construction of replacement housing
elsewhere?
PUBLIC SERVICES. Would the project:
a) Result in substantial adverse
physical impacts associated with the
provision of new or physically
altered governmental facilities, need
for new or physically altered
governmental facilities,the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response limes or
other performance objectives for
any of the public services:
Fire protection? El El
CITY(STANDARD)ASAC^JTBt7 00 612 2 62s.i Page I l of 15 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
Police protection? ❑
Schools? El El
�y
Parks? El
Other public facilities? El El El
by
RECREATION. Would the project: f�
a) Increase the use of existing EJ
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
b) Does the project include recreational EJ ❑ ❑ TQ'
facilities or require the construction SST'
or expansion of recreational
facilities which have an adverse
physical effect on the environment?
TRANSPORTATION/TRAFFIC. Would the
project:
a) Cause an increase in traffic which is El El El
substantial in relation to the existing
traffic load and capacity of the street
system(i.e.,result in a substantial
increase in either the number of
vehicle trips,the volume to capacity
ratio on roads,or congestion at
intersections)?
b) Exceed,either individually or El El ❑ tq
cumulatively,a level of service S�
standard established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic ❑ El
patterns, including either an increase
in traffic levels or a change in
location that results in substantial
safety risks?
d) Substantially increase hazards due El 0
to a design feature(e.g., sharp
curves or dangerous intersections)
or incompatible uses (e.g.,farm
equipment)?
CrrY(STANDARD)\SACJTBv2006v22628.t Page 12 of 15 FORM "P'
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) Result in inadequate emergency ram(
access? R El El
t) Result in inadequate parking El El El
capacity? �J
g) Conflict with adopted policies, �(
plans, or programs supporting El El 11
!�
alternative transportation(e.g., bus
turnouts,bicycle racks)?
UTILITIES AND SERVICE SYSTEMS. Would
the project:
a) Exceed wastewater treatment
requirements of the applicable El El El
Regional Water Quality Control
Board?
b) Require or result in the construction El El ❑
of new water or wastewater
treatment facilities or expansion of
existing facilities,the construction
of which could cause significant
environmental effects?
c) Require or result in the construction
of new storm water drainage
facilities or expansion of existing
facilities,the construction of which
could cause significant
environmental effects?
d) Have sufficient water supplies
available to serve the project from El El
existing entitlements and resources,
or are new or expanded entitlements
needed? In making this
determination,the City shall
consider whether the project is
subject to the water supply
assessment requirements of Water
Code Section 1091 O,et,sea. (SB
610).and the requirements of
Government Code Section 664737
(SB 221).
MY(STANDaRD)tsnevTB�2006�22628.1 Page 13 of 15 FORM `J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) Result in a determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate capacity
to serve the projects projected
demand in addition to the provider's
existing commitments?
f) Be served by a landfill with h5
sufficient permitted capacity to El El
�Y
accommodate the project's solid
waste disposal needs?
g) Comply with federal, state,and local El
statutes and regulations related to
solid waste?
MANDATORY FINTDINGS OF SIGNIFICANCE
a) Does the project have the potential ram'
to substantially degrade the quality
of the environment,substantially
reduce the habitat of a fish or
wildlife species;cause a fish or
wildlife population to drop below
self-sustaining levels;threaten to
eliminate a plant or animal
community;substantially reduce the
number or restrict the range of an
endangered,rare or threatened
species;or eliminate important
examples of the major periods of
California history or prehistory?
b) Does the project have the potential
to achieve short-term environmental
goals to the disadvantage of long-
term environmental goals?
c) Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the effects of
other current projects,and the
effects of probable future projects.)
CITY(STANDARDMACVTB=,2006,22628.I Page 14 of 15 FORM "7"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
d) Does the project have environmental EJ El El
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
CRY(sTANDARD)1SACUT6\2006122628.1 Page 15 of 15 FORM "T"
RESPONSES TO ENVIRONMENTAL CHECKLIST FORM
CASE NO. ZOA 06-02
BACKGROUND:
The proposed ordinance, if adopted, will establish a procedure for the review of
conversions of existing rental housing units to condominium units. This ordinance will apply
to existing rental units only. It will not apply to newly constructed housing units.
The purpose of the ordinance is to preserve a certain level of rental housing stock in the
city consistent with the General Plan goals, to provide information relating to structural
conditions of the units to be converted and review levels of tenant displacement and
provide relocation measures to mitigate impacts related thereto.
As a result of the above, all criteria in the Environmental Checklist Form will have no
physical environmental impacts except as follows:
Population and Housing b) and c):
The ordinance, if adopted, will preserve a certain minimum amount of rental housing units
in the city. When the vacancy rate in rental housing in the city is below a specified
threshold, owners of rental units will not be able to obtain approval of applications to
convert rental units to condominiums.
Failure to adopt the ordinance could result in the conversion of significant quantities of
rental housing with the potential to displace significant numbers of renters necessitating
the construction of replacement rental housing elsewhere.
The ordinance itself is the mitigation to address these potential impacts.
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOAO8'n2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a zoning ordinance amendment relating to commercial/industrial and
residential condominium approvals.
SAID public hearing will be held onTuesday, December 19, 2008, at 0:00 pm. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at theobovoaddrenobetw/eenthohouroof0:0Vam. and5:0Vp.no. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered tothe Manning Commission at, or prior to, the public
hearing.
PUBLISH: Desert Sun PH/UPDRELL, Secretary
December 7, 1VOG Palm Desert Planning Commission
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