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HomeMy WebLinkAboutRes No 2445PLANNING COMMISSION RESOLUTION NO. 2445 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 AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO. 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 which was continued to April 17 and May 15, 2007, 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 Tess 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 PLANNING COMMISSION RESOLUTION NO. 2445 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 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. 2 PLANNING COMMISSION RESOLUTION NO. 2445 3. That it does hereby recommend certification of a Negative Declaration of Environmental Impact, Exhibit "B", attached hereto. "" PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of May, 2007, by the following vote, to wit: WM AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2,4_,_,..t...: M. CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 2445 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 4 PLANNING COMMISSION RESOLUTION NO. 2445 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 or rental agreement in a unit that is proposed to be converted in connection with a Condominium Conversion Project either since a date within thirty days of the date on which occupancy was first permitted, or for a minimum of thirty-six (36) months prior to the first tenant notification, whichever is longer, 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. 5 PLANNING COMMISSION RESOLUTION NO. 2445 "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. 6 PLANNING COMMISSION RESOLUTION NO. 2445 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 all condominium conversion projects provide off-street parking as required for condominium projects by 25.58.300 of the Palm Desert Municipal Code, unless a parking study performed to the satisfaction of the City Manager or 7 PLANNING COMMISSION RESOLUTION NO. 2445 his/her designee demonstrates that existing off-street parking successfully meets the needs of all dwelling units. 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 survey monuments shall be installed at all parcel / lot corners of a map required per this division by a California licensed land surveyor or registered civil engineer authorized to practice land surveying, in accordance with Section 66495 of the Government Code. 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 a 90-day right of first refusal 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: 8 PLANNING COMMISSION RESOLUTION NO. 2445 1. Assistance to each Eligible Tenant in locating alternate housing, including but not limited to, providing availability reports where necessary. 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, escalated annually by the Consumer Price Index for Riverside County. 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, escalated annually by the Consumer Price Index for Riverside County, 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 9 PLANNING COMMISSION RESOLUTION NO. 2445 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 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. Scaled plot plans and elevations indicating the type and location of all buildings and structures, parking and landscape areas, signs and any other plans that may be deemed necessary by the City Manager or his/her designee. 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 an architect or structural engineer licensed by the State of California and in good standing with the California Architects Board or the Board for Professional Engineers and Land Surveyors, respectively. 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 assist in meeting 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: 10 PLANNING COMMISSION RESOLUTION NO. 2445 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; 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 City Manager or his/her designee. 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. 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, 11 PLANNING COMMISSION RESOLUTION NO. 2445 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 City Manager or his/her designee 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. 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 City Manager or his/her designee 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 twelve (12) months. C. That the average rental vacancy rate in apartment dwelling units within the City during the twenty-four (24) months preceding the filing of the application is equal to or greater than five percent (5%). Upon submission of the application, the City Manager or his/her designee shall obtain, at Applicant's sole expense, a written study or report from an objective, unbiased 3ra party which 12 PLANNING COMMISSION RESOLUTION NO. 2445 r.o 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 reasonable opinion of the City Manager or his/her designee 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 twenty-four (24) 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 (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) PLANNING COMMISSION RESOLUTION NO. 2445 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. 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 City Manager or his/her designee. 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. 2445 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. i-� y' 'May 15, 2007 LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 15 PLANNING COMMISSION RESOLUTION NO. 2445 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 err 8. Description of Project: (Describe the whole action involved, including but not limited to later phases „e 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)\SAC\JTB\2006\22628.1 PAGE 1 OF 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. El 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. El 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 EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. t/4- /3, ' G Signature Date 1110& 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). CITY (STANDARD)\SACUTB\2006\22628.1 Page 2 of 15 FORM '7" PLANNING COMMISSION RESOLUTION NO. 2445 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR 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. c) 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 Issues: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ,� ❑ ❑ ❑ ,N ❑ ❑ Ojil ❑ ❑ ❑ CITY (STANDARD)\.SACVTB\2006\22628.1 Page 3 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: tom 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: WIN a) Convert Prime Farmland, Unique 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 agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their 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 implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any 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)? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact El ❑ ❑ TS ❑ ❑ ❑ ❑ ❑ ❑ �( ❑ ❑ ❑ ra ❑ ❑ ❑ ❑ ❑ ❑ CITY (STANDARD)\SACVTB\2006\22628.1 Page 4 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO, 2445 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Expose sensitive receptors to 0 0 0 14. substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ a substantial number of people? BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat 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? c) Have a substantial adverse effect on 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 movement of any native resident or 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? ❑ ❑ ❑ K ❑ ❑ ❑ 14 ❑ ❑ ❑ ❑ ❑ ❑ Ig ❑ ❑ ❑ CITY (STANDARD)\SACUTM2006122628.1 Page 5 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: 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 in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change 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, including those interred outside of formal cemeteries? GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most 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? h) Result in substantial soil erosion or the Toss of topsoil? Potentially Significant Impact Less Than Significant With Less Than Mitigation Significant Incorporated Impact ❑ ❑ ❑ No Impact ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ [ ❑ 0 0 lit ❑ 0 0 ❑ 0 ❑ ❑ ❑ ❑ ❑ 0 0 fA O 0 0 521 ❑ ❑ ❑ �( CITY (STANDARD)\SACUTB\2006122628.1 Page 6 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: c) Be located on a geologic unit or soil 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 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 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 public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle 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 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? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑kfis ❑ ❑ ❑ O O 0 )4 CITY (STANDARD)\SACUTB\2006\22628.1 Page 7 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: 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 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 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 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? b) Substantially deplete groundwater 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 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? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ rsr ❑ 0 0 X 0 0 0 Td ❑ ❑ 0 7 a ❑ ❑ g ❑ ❑ ❑ 1' ❑ ❑ ❑ CITY (STANDARD)\SACUTB\2006\22628.1 Page 8 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: d) Substantially alter the existing 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 which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 1) g) Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a 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? i) 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? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ Xi ❑ 0 ❑ 4 ❑ 0 0 El ❑ ❑ 0 TH ❑ ❑ ❑ fg 0 0 0 CEI ❑ ❑ ❑ )81 CITY (STANDARD)1SACVTB12006122628.1 Page 9 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: um. b) Conflict with any applicable land 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 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? b) Result in the loss of availability of a 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 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 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? Less Than Signi ficant Potentially With Less Than Significant Mitigation ' Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ tid ❑ ❑ ❑ )21 ❑ ❑ ❑ ❑ ❑ ❑ 71 ❑ 0 0 'F- CITY (STANDARD)1SACVTB12006122628.1 Page 10 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: 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? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? POPULATION AND HOUSING. Would the project: a) Induce substantial population 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 existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of 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 times or other performance objectives for any of the public services: Fire protection? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ 0 0 ❑ 0 gl ❑ ❑ ❑ 2r ❑ Jg 0 0 ❑ i4 0 ❑ ❑ ❑ ❑ 7. MO ❑ ❑ ❑ V ma CITY (STANDARD)\SAC\ITB\2006\22628.1 Page 11 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: Police protection? Schools? Parks? Other public facilities? RECREATION. Would the project: a) Increase the use of existing 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 facilities or require the construction 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 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 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ rgt O ❑ ❑ F ❑ ❑ ❑ 14 CITY (STANDARD)\SACUTB\2006\22628.1 Page 12 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact e) Result in inadequate emergency 0 ❑ ❑ E access? f) Result in inadequate parking 0 D 0 `{� capacity? /" g) Conflict with adopted policies, ❑ 0 ❑ Ni plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction 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 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 10910, et. seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). ❑ ❑ ❑ �J ❑ ❑ ❑ 151 ❑ D ❑ )Z] ❑ D ❑ CITY (STANDARD)\SACUTB\2006\22628.1 Page 13 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: 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 project's projected demand in addition to the provider's existing commitments? t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential 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.) Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ �c ❑ ❑ ❑ Kt ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ NI CITY (STANDARD)\SACUTB\2006\22628.1 Page 14 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 Issues: d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ CITY (STANDARD)\.SACUTB\2006\22628. I Page 15 of 15 FORM "J" PLANNING COMMISSION RESOLUTION NO. 2445 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.