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HomeMy WebLinkAboutRes No 1558PLANNING COMMISSION RESOLUTION NO. 1558 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENANT IMPACT REPORT AND A 104 LOT TENTATIVE TRACT MAP TO SUBDIVIDE AN EXISTING MOBILE HOME PARK INTO A RESIDENT -OWNED CONDOMINIUM PARK, VIA A "ONE" LOT SUBDIVISION, LOCATED ON THE WEST SIDE OF PORTOLA AVENUE BETWEEN MAGNESIA FALLS DRIVE AND RUTLEDGE AVENUE. CASE NO. TT 27409 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1992, hold a duly noticed public hearing to consider the request of PORTOLA PALMS MOBILE HOME PARK for the project described above; 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. 80-89," in that the director of community development has determined that the project qualifies as a Class 1 categorical exemption; 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 approval of the tentative tract map: 1. That the proposed tentative tract map is consistent with the Subdivision Map Act. 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 commission in this case. 2. That Tentative Tract Map No. 27409 and the Tenant Impact Report attached hereto as Exhibit "A" are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of February, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NONE NONE DOWNS CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, S'ec7ary Palm Desert Planni Commission JW/tm PLANNING COMMISSION RESOLUTION NO. 1558 CONDITIONS OF APPROVAL CASE NO. TT 27409 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. No existing residents shall be relocated as a result of this tentative tract map. 4. A permanent location for the trash enclosures at the southwest corner of the property shall be established and approved by the department of community development. Department of Public Works: 1. Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval prior to city council approval and recordation. Riverside County Fire Department: 1. Required improvements shall be provided to the satisfaction of the fire marshal. JW/tm 2 TENANT IMPACT REPORT DATED: January 10, 1992 The Portola Palms Mobilehome Park Acquisition Association, Inc., the subdivider of the Portola Palms Mobilehome park located at 43-155 Portola Avenue, Palm Desert, California, hereby files the Tenant Impact Report, as required by Section 66427.4 and 66427.5 of the Government Code, in conjunction with the filing of the application for a Tentative Map covering subject project. The Portola Palms Mobilehome Park Acquisition Association, Inc., the non-profit mutual benefit corporation organized by the residents of the Portola Palms Mobilehome park for the purpose of purchasing and converting the park to a condominium project, has elected to avoid the economic displacement of all nonpurchasing residents in following the manner described in Section 66427.5 of the Government Code as follows: A. As to nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees and charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal to be conducted in accordance with nationally recognized appraisal standards, in equal annual increases over a four year period. a. The market value of each lot/space in a park varies according to, but not limited, to the following attributes: 1. Size of pad 2. Size of lot 3. View available from lot 4. Location of lot in park 5. Noise factor & other environmental factors 6. Location relative to park amenities 7. Other considerations b. Subdivider shall hire a MAI appraiser to determine the relative value of each lot/space as compared to the total value of the park. The relative value for each lot/space shall be expressed as a percentage of the total value of the park as a whole. c. The average purchase price for all the lots/spaces in the park shall be computed by dividing the park purchase price by the number of lots/spaces in the park. The above computation will then be interpolated to provide the percentage of the average purchase price to total purchase price. This will be referred to as the average purchase price percentage. d. The difference between the average purchase price percentage for each lot/space in the park, as set forth in "c." above, and the relative value percentage, referred to in "b" above, shall be referred to as price deviation percentage. e. The MAI appraiser shall also be hired to determine the average market level of rents in mobilehome parks in the market area where the park is located, assuming no rent control ordinances impact rental levels. The resultant average market level of rents in the area will then be multiplied by the price deviation percentage. The result of this computation will result in the appraised market level rent applicable to each lot/space. B. As to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the California Health and Safety Code, the monthly rents, including any applicable fees or charges for use of any preconversion amenities, may increase from preconversion rent by an amount equal to the average monthly increase in rents in the four years immediately preceding the conversion, but in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period, as applicable to the Los Angeles -Long Beach reporting areas. C. In the conversion process for the Portola Palms Mobilehome park, the Subdivider will be required to borrow funds from the following sources to close escrow for the purchase of the park from its current owners: source of funding estimated amount interest rate 1. Financial Institution $3,600,000.00 2. State of California-MPROP funds 850,000.00 3. City of Palm Desert-RDev Funds 464,000.00 totals 4,914,000.00 10.0 % 3.0 % DEPARTMENT OF REAL ESTATE REGULATIONS PROHIBIT THE USE OF PROSPECTIVE PURCHASERS' FUNDS TO PURCHASE THEIR LOTS/SPACES TILL SUCH TIME AS THE DEPARTMENT OF REAL ESTATE HAS ISSUED ITS PUBLIC SUBDIVISION REPORT ON THE PROJECT. The obligations to the financial institutions will be repaid from the proceeds of escrow for the sale of individual lots/spaces. The obligations to the State and the City of Palm Desert will be rolled over to provide the funding needed for assistance to low income residents in the park. These obligations will accrue monthly interest payments in an amount estimated at $35,000.00 per month, equal to $246.00 per unit per month. In addition to these monthly payments on interest, the Homeowners Association will incur costs and expenses of approximately $80.00 per unit per month for the administration and maintenance of the Common Areas in the park. In addition to the above two items, real property taxes in an estimated amount of $15.00 per unit per month will also accrue. In order to cover all the costs incurred during the conversion period, each resident in the park will be required to pay $341.00 per month per space, or a prorated amount thereof till such time as the escrow for the purchase of their space closes. The rents applicable to nonpurchasers, as set forth in "A" and "B" above, shall commence on the first day of the month following the expiration date of the 90 day first right of refusal period following the issuance by the Department of Real Estate of its Public Subdivision Report on the project, as provided by Section 66427.1(d) of the Government Code. D. Disposition of nonpurchasers' lots/spaces: The "unsold" spaces occupied by nonpurchaser households, shall first be offered for sale to the City of Palm Desert, then to the Homeowners' Association that will be organized at a later stage of the conversion process, then to individual residents who reside in other lots/spaces in the park, and then to the General Public. A:TENIMPR1.PPM