HomeMy WebLinkAboutORD 1140ORDINANCE NO. 1140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS
TO TITLE 25 (ZONING) AND TITLE 26 (SUBDIVISIONS) OF
THE PALM DESERT MUNICIPAL CODE ADDING CHAPTER
25.112 RESIDENTIAL CONDOMINIUM CONVERSIONS,
AMENDING CHAPTER 25.24 PLANNED RESIDENTIAL
DISTRICT, AND CERTIFYING OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT
RELATES THERETO.
CASE NO. ZOA 06-02
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 28th day of June, 2007, hold a duly noticed public hearing to consider a
request by the City of Palm Desert for the above mentioned Zoning Ordinance
and Subdivision Ordinance Amendments; and
WHEREAS, the Planning Commission has recommended approval of
Case No. ZOA 06-02 by adoption of its Resolution No. 2445; 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
ORDINANCE NO. 1140
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
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 City Council did find the following facts and reasons to exist to justify
approval of the Zoning Ordinance Amendment:
1. Based on the entire record before the City Council and all written
and oral evidence presented to the City Council, the City Council
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 City Council, including all
written and oral evidence presented to the City Council, the City
Council 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 City Council and all written
and oral evidence presented to the City Council, the City Council
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 ORDAINED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the City Council in this case.
2
ORDINANCE NO. 1140
2. That it does hereby approve Ordinance No. 1140 , Exhibit "A",
attached hereto.
3. That it does hereby certify a Negative Declaration of Environmental
Impact, Exhibit "B", attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 12th day of July , 2007, by the following
vote, to wit:
AYES: BENSON, FINERTY, SPIEGEL, and BELLY
NOES: FERGUSON
y:IZh
ABSTAIN: NONE
ATTEST:
R CHELLE D. KLAS -)EN, City Cler
City of Palm Desert, California
0
ORDINANCE NO. 1140
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 Sate 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 is 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."
Section 4:
That the following Subparagraph H be added to Section 25.24.025
Conditional Uses:
H. Condominiums or condominium hotels converted from multi -family
dwelling units under Section 25.112 of the Palm Desert municipal code.
Section 5:
That the following chapter be added to Title 25 Zoning:
4
ORDINANCE NO. 1140
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
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
5
ORDINANCE NO. 1140
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 multi -family 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.
"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 or 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. In the event
that occupancy of the unit was first permitted more recently than thirty-six (36)
months prior to the first tenant notification, then "Eligible Tenant' means a tenant
who has had a valid lease or rental agreement since a date within thirty days of
the date on which occupancy was first permitted.
"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.
M
ORDINANCE NO. 1140
"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.
7
ORDINANCE NO. 1140
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 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. In addition, 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. In addition, the following general requirements
shall apply:
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
his/her designee demonstrates that existing off-street parking successfully meets
the needs of all dwelling units.
ORDINANCE NO. 1140
B. That all condominium conversion projects shall include provisions to
demonstrate compliance with the Palm Desert Energy Standards as provided in
Ordinance No. 1124, or as it 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.
9
ORDINANCE NO. 114n
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.
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 Los Angeles -Riverside -Orange 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 Los Angeles -Riverside -
Orange 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.
10
ORDINANCE NO. 1140
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
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 applicant's 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.
11
ORDINANCE NO. 1140
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:
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
12
ORDINANCE NO. 1140
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,
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 Proiects.
The Planning Commission/City Council shall not approve a Condominium
Conversion Project conditional use permit for same unless it finds all of the
following:
13
ORDINANCE NO. 1140
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 third 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 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
14
ORDINANCE NO. 1140
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.
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.
15
ORDINANCE NO. 1140
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.
LAURI AYLAIAN
DIRECTOR OF COMMUNITY DEVELOPMENT
July 12, 2007
DATE
16