El Dorado Palm Springs, Ltd. v. City of Palm Springs
Opinion
Opinion
Hollenhorst, J.
Appellant El Dorado Palm Springs, Ltd. (El Dorado), is the owner of a 377-unit mobilehome park in Palm Springs. On September 28, 2000, it filed a petition for writ of mandate to compel approval by respondent City of Palm Springs (City) of its application for a tentative subdivision map. The application, which was initially filed in 1993, sought to subdivide the units within the mobilehome park as the requisite first step in converting the park from a rental mobilehome park to a resident-owned park. Upon subdivision, the parcels would be sold to the current mobilehome owners, or others, to complete the conversion. The application was finally accepted as complete in 1999.
The Palm Springs Planning Commission approved the application for subdivision subject to a number of conditions, and it recommended that the Palm Springs City Council (City Council) approve the application. After several delays, the City Council conditionally approved the application after adding three further conditions.
El Dorado contends that the City Council lacked the authority to impose the three further conditions. The three conditions generally require (1) the use of a “Map Act Rent Date,”…