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HomeMy WebLinkAboutCC RES 05-018ARESOLUTION NO. 05-18A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION, WHICH APPROVED, SUBJECT TO CONDITIONS, A PARCEL MAP CREATING A ONE -LOT SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191-SPACE INDIAN SPRINGS MOBILE HOME PARK LOCATED AT 49-305 HIGHWAY 74 (APN 652-120-007) CASE NO. PM 31862 WHEREAS, the City Council of Palm Desert, California, did on the 10th day of February, 2005, hold a duly noticed public hearing, which was continued to March 24, 2005, May 12, 2005, May 26, 2005, and June 23, 2005, to consider the appeal of INDIAN SPRINGS, LTD., a California Limited Liability Company, as it relates to the inclusion of Condition No. 5 of the Planning Commission Resolution No. 2319 which requires that the subdivider, prior to the sale of each unit, shall connect said unit to the public sewer system and provide evidence of same to the purchaser; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7`h and 29th days of December, 2004, hold duly noticed public hearings to consider the request of INDIAN SPRINGS, LTD., a California Limited Liability Company, for approval of PM 31862; and WHEREAS, the Planning commission of the City of Palm Desert, California, did by its Resolution No. 2319 approve PM 31862, subject to conditions; and WHEREAS, this timely appeal was filed by the applicant; 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. 04-106, "in that the Planning Commission has determined that the project is a Class 1 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 City Council did find the following facts and reasons to exist to justify the retention of condition No. 5 of Planning Commission Resolution No. 2319, subject to an additional condition, and the denial of the appeal; The Indian Springs septic system represents an existing health and safety condition that needs to be mitigated by a requirement of connection to the sewer system because: • It is a high density system, serving 191 units on a 34.7 acre site, resulting in 5.5 septic systems per acre whereas the general accepted standard is two systems per acre. RESOLUTION NO. 05-JL A • Septic systems, by their nature, threaten groundwater resources, because of pass through of nitrates and certain organic compounds. • The septic system is 35 years old, where the average useful life is 25 years. • The septic system has had a history of problems, poor maintenance, and repeated fai lures. • The Acting Assistant Executive Officer for the California Regional Water Quality Control Board testified that the system poses a threat to groundwater resources. Nitrogen builds up when septic tanks are not pumped regularly. Sandy soil in the desert area has a very high rate of infiltration. What you flush in the toilet will end up in groundwater within six months if it is 200 feet of depth to the groundwater. • Prior to 1998 only two of the 46 septic tank systems serving the park were accessible for pumping. Forty-four (44) systems were not pumped between 1972 and 1998. • Staff from the Coachella Valley Water District testified that the District inactivated about ten wells in the south Palm Desert area in the 1970's, 80's and 90's due to high concentrations of nitrates. • Correspondence from both the California Regional Water Quality Control Board and the Coachella Valley Water District documents the threat that septic systems pose to groundwater resources and recommend that septic systems be discontinued. • Testimony of the residents regarding a history of problems with the system. • Chapter 8.60 of the Palm Desert Municipal Code requires that residences on septic tanks be connected to the sewer prior to sale. WHEREAS, applicant has challenged the City's power to impose a sewer condition to a resident conversion under Government Code Section 66427.5. On the other hand, the evidence presented by applicant and ascertained at the public hearings leaves substantial doubt as to whether applicant's proposed conversion is, in fact, a "bona fide" resident conversion. Consequently, in abundance of caution, the sewer condition will be eliminated as a condition of the final map, if, and only if, applicant, prior to approval of the final map, presents sufficient evidence to the City that the proposed conversion is a bona fide resident conversion as contemplated by Government Code Section 66427.5. The City Council finds the following facts and reasons to impose that additional Condition No. 7: • In adopting AB930 (Stats 2002 Ch. 1143, §l), the legislature added the requirement that a subdivider "obtain a survey of support of residents of the mobile home park for the proposed conversions."; and that the survey "be considered as part of the subdivision map hearing". 2 \Robert.Hargreaves'My Documents\Palm Desert Resolution No.-05-18A final.doc RESOLUTION NO. 05-18A • In §2 of AB930, the legislature stated "It is the intent of the legislature to address the conversion of a mobile home park to resident ownership that is not a bona fide resident conversion, as described by the Court of Appeal in Eldorado Palm Springs, Limited v. City of Palm Springs (2002) 96 Cal. App. 4th 1153. The court in this case concluded that the subdivision map approval process specified in Section 66427.5 of the Government Code may not provide local agencies with the authority to prevent non -bona fide resident conversions. The court explained how a conversion of a mobile home park to resident ownership could occur without the support of residents and result in economic displacement. It is, therefore, the intent of the Legislature in enacting this act to ensure that conversions pursuant to Section 66427.5 of the Government Code are bona fide resident conversions." • The survey of support submitted by the applicant showed that, of the 191 spaces, there were 76 responses. Twenty-seven indicated support; 13 indicated opposition; and 36 declined to state. The demonstrated level of support (14%) is insufficient to conclude, on that basis alone, that the conversion is bona fide. • The testimony from residents at the public hearing indicated that residents do not generally support the conversion process in absence of a commitment by the applicant to install a sewer. • Members of the board of directors of the resident homeowners association stated that they do not recollect that there was an agreement between the association and the park owner regarding the conduct of the survey of support as required by Government Code §66427.5(d)(2). • The inclusion of condition 7 will help ensure, prior to the approval of the final map, that the contemplated conversion process will in fact be a bona fide resident conversion, as follows: A. The City understands a "bona fide resident conversion" to be a good faith conversion reasonably likely to result in a reasonable number of resident ownerships. B. Evidence of a bona fide conversion may include, but not be limited to : 1. A survey of support showing that a reasonable number of the residents support the conversion process; 2. An agreement by the applicant to offer the spaces to current residents at fair market value or less. (Failure of the applicant to offer the spaces 3 'Robert.Hargreaves\My Documents\Palm Desert Resolution No.-05-18A final.doc RESOLUTION NO. 05-18A at a reasonable price would cast considerable doubt as to whether applicant intends to convert a substantial number of spaces); and/or 3. Any other such evidence that applicant may offer as to the bona fide nature of the contemplated conversion process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the appeal to the inclusion of Condition No. 5 in Planning Commission Resolution No. 2319 is hereby denied and the approval of PM 31862, subject to conditions, is upheld to the extent consistent with this resolution and, with the addition of Condition No. 7 (Exhibit "A" attached). PASSED, APPROVED, and ADOPTED at a special meeting of the Palm Desert City Council, held this 7th day of July, 2005, by the following vote, to wit: AYES: KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: BENSON and CRITES ABSTAIN: NONE AYOR PRO-TEMPORE ATTEST: CHELLE . AS8 , CITY CLERK CITY OF PALM DESERT, CALIFORNIA 4 �Robert.Hargreaves\My Documents\Palm Desert Resolution No.-05-18A final.doc RESOLUTION NO. 05-18A EXHIBIT "A" Condition of Approval No. 7 is added to read: 7. Condition No. 5, (the Sewer Condition), will be removed if, prior to the approval of the final map, applicant establishes to the reasonable satisfaction of City that applicant's project will result in a "bona fide resident conversion" as required by Government Code Section 66427.5. City understands "bona fide resident conversion" to mean a conversion likely to result in the ownership by current residents of a reasonable number of the lots. Evidence of a bona fide resident conversion may include, but not be limited to: (1) a survey of support showing support by a reasonable number of current residents; (2) a commitment by applicant to sell lots to current residents at fair market value or less; and/or (3) other evidence submitted by the applicant. 5 \Robert.Hargreaves\My Documents\Palm Desert Resolution No. -05-18A final.doc