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HomeMy WebLinkAbout2037ORDINANCE NO. 2037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COACHELLA VALLEY HOUSING COALITION FOR THE DEVELOPMENT OF VISTA SUNRISE II SIXTY-ONE (61) UNIT APARTMENT BUILDING ALLOWING ENTITLEMENTS FOR FIVE (5) YEARS AND EXEMPTION OF FEES FOR THE PROJECT LOCATED AT 1695 NORTH SUNRISE WAY. City Attorney's Summary This Ordinance approves a Development Agreement for a term of five (5) years unless otherwise terminated or modified as set forth in the Development Agreement, vesting the discretionary entitlements associated with the Vista Sunrise 11 special needs housing apartments, identified by Case No.'s 5.0934 PD 218 and 3.1047 MAJ. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. The Coachella Valley Housing Coalition, a nonprofit public benefit corporation, ("Applicant") in association with the Desert Aids Project filed an application with the City, pursuant the Palm Springs Zoning Code (PSZC) Chapter 94 and State of California Governmental Code Sections 65350-65362 to modify the General Plan land use designation of the subject site from "Public/Quasi Public and Medium Density Residential" to "Mixed Use/Multi-Use" for the development known as the Desert Aids Project on a 13.2-acre campus, including a Planned Development District (PDD) in lieu of a Change of Zone (Case 5.0934 PD-281) to expand the PDD boundaries, and establish development standards to allow a reduced front yard setback to twenty-five (25') feet and increase in building height to thirty (30') feet for the residential building (Vista Sunrise II); a Major Architectural application (Case 3.1047 MAJ) for overall site improvements to include an 18,000-square foot addition connecting the DAP Building to the adjacent DAP Annex, site and landscape improvements, the construction of Vista Sunrise II (61-unit) special needs housing apartment building, and a reconfiguration and improved retention basin and dog park located at 1695 North Sunrise Way, (APN's 507-100-026,-041,- 042,-044,-045) ("Project"). B. On July 20, 2020, the Architectural Advisory Committee voted to recommend conditional approval of the Project to the Planning Commission. C. The Applicant has also submitted an application with the City (Case 5.0934 DA to vest the above -stated land use entitlements with respect to the 1.14-acre apartment housing portion of the Project for a period of five (5) years, exempting the housing Ordinance No. 2037 Page 3 portion from certain development fees, and such other terms and conditions as provided therein. D. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California has enacted California Government Code § 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. This Development Agreement has been processed and, considered in accordance with the procedures and requirements as set forth in the Development Agreement Statute. E. Pursuant to Government Code section 65865(c), the City of Palm Springs previously adopted Ord. 1829 § 3, 2013; Ord. 1294, 1988 [PSMC § 94.08.00], that set forth rules and regulations establishing procedures and requirements for consideration of development agreements. This Development Agreement has been processed and, considered, in accordance with the procedures and requirements as set forth in the City's Ordinances and Municipal Codes. F. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the proposed Development Agreement as well as the land use entitlements for the Project was given in accordance with applicable law, and on November 18, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project entitlements and Development Agreement for the Project, including but not limited to the staff report, and all written and oral testimony presented, and voted 5-0-1 (recuse, Song) to recommend approval of the proposed Project entitlements and Development Agreement for the Project, with recommendations for amendment, to the City Council. G. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the proposed Project and entitlements and Development Agreement was given in accordance with applicable law and on December 10, 2020, the City Council held a public hearing in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project and entitlements and Development Agreement for the Project, including but not limited to the staff report, all written and oral testimony presented, and the Planning Commission's recommendations. H. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Project resulting in a Mitigated Negative Declaration (MND). The City Council has reviewed and considered the information Ordinance No. 2037 Page 4 in the Initial Study and has, by separate resolution, certified the final Mitigated Negative Declaration in accordance with CEQA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and determinations reflected above are all true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. The Final Initial Study and Mitigated Negative Declaration and its Addenda are the controlling environmental documents for the Council's consideration of the Development Agreement for the Project. SECTION 3. The Development Agreement complies with the provisions of the Palm Springs Municipal Code PSMC § 94.08.00, as follows: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. The Development Agreement is consistent with the City of Palm Springs General Plan in that the Development Agreement conforms to the Mixed Use/Multi-Use land use designation. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. c. The Development Agreement is in conformity with public convenience, general welfare and good land use practice. The Development Agreement is in conformance with established City goals, objectives, and regulations outlined in the City's General Plan, the Specific Plan, and the City's Zoning Ordinance. d. The Development Agreement will not be detrimental to the health, safety and general welfare. The Development Agreement is not detrimental to the health, safety, and welfare of the community in that all established zoning and development standards continue to be applicable. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. Ordinance No. 2037 Page 5 The Development Agreement reflects the approved conditions of approval of the Project which serve to insure the preservation of property values in the vicinity. SECTION 4. The Development Agreement is hereby approved in exchange for the following mutual benefits: a. The Development Agreement will assure adequate public facilities at the time of development. b. The Development Agreement will facilitate the construction of sixty-one (61) units of special needs housing serving low, and very -low income residents of the City. c. The Development Agreement will assure development in accordance with City's land use policies and goals d. The Development Agreement will provide for orderly growth consistent with the City's General Plan, and other public policies. e. The Development Agreement is intended to provide certainty in the development approval process by vesting the permitted uses, densities and intensity of use with respect to the housing project on the subject property. f. The execution of the Development Agreement furthers the public health, safety and general welfare of the community. SECTION 5. Approval of the Coachella Valley Housing Coalition (Vista Sunrise II) Development Agreement. The City Council hereby approves the Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Coachella Valley Housing Coalition, a California non-profit public benefit corporation, Case No. 5.0934 PD 218 and 3.1047 MAX and authorizes execution thereof by the City Manager. The provisions of this section shall apply to all property described on Exhibit "A" SECTION 6. The Palm Springs Zoning Code § 94.08 is hereby amended by adding Section 94.08.11 to read as follows: "Section 94.08.11 Vista Sunrise II A. Vista Sunrise II Development Agreement 1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of a 1.14-acre vacant parcel located within the Desert Aids Project campus which is located at 1695 North Sunrise Way (APN 507-100-041) in the City of Palm Springs as legally described on Exhibit "A" of the Development Agreement, attached to the Ordinance codified in this section and incorporated herein by reference. The property is part of the mixed -use Desert Aids Project campus providing a variety of medical services and special needs housing. Hereafter, the property shall also be designated "Development Agreement Ordinance No. 2037 Page 6 No. 7" or "DA7" which shall be an overlay designation incorporating the restrictions of the "Vista Sunrise II Development Agreement". The Vista Sunrise II Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Vista Sunrise II Development Agreement provides for ultimate development of a sixty-one (61) unit special needs housing apartment building serving low and very -low income residents and is consistent with the General Plan objectives, policies, and programs of the City. 2. Adoption of Vista Sunrise II Development Agreement. There is adopted the Vista Sunrise II Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Coachella Valley Housing Coalition, a California nonprofit public benefit corporation to be built within the Desert Aids Project campus per Case No. 5.0934 PD 281 and Case No. 3.1047 MAX, included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the Development Agreement and incorporated herein by reference. 3. Property Development and Other Standards. The property which is subject to the Vista Sunrise II Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Vista Sunrise II Development Agreement. The developer's performance of its obligations underthe Vista Sunrise II Development Agreement shall be subject to annual review as provided therein. SECTION 7. The Official Zoning Map of the City of Palm Springs is hereby amended by reclassifying the property from Case 5.0934 PD 281 to being subject to the Vista Sunrise II Development Agreement "Development Agreement No. 7" or "DA7," all of that real property described in Exhibit "A". SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. Ordinance No. 2037 Page 7 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 14TH DAY OF JANUARY, 2021 CHRISTY H LSETGE, MT�OR U NTHONY J. ME4lA- CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 2037 is a full, true and correct copy, and was introduced at a regular meeting on December 10, 2020, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 14, 2021, by the following vote: AYES: Councilmembers Garner, Mayor Holstege NOES: None ABSENT: None ABSTAIN: None Kors, Woods, Mayor Pro Tern Middleton, and IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1 day of re j .-z, , rZ "2_ i thony J. Met a C it rk City of Palm S rings, California