HomeMy WebLinkAbout2A Staff CorrespondenceCity of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
Tel: 760.323.8206 • Fax: 760.322.8332 • TDD 760.864.9527 •
www.palmspringsca.gov
Meeting Date: September 9, 2021
To: Honorable Mayor Holstege and City Council
SUBJECT: Item 2A — Modified Resolution / Aloe Palm Canyon L.P.
Attached is an updated redline and clean version of the resolution finding that the public interest
and convenience require the sale of certain real property and setting a hearing date for protests.
49 )C1 IzoZ(
ITEM No.__�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, FINDING THAT THE
PUBLIC INTEREST AND CONVENIENCE REQUIRE THE
SALE OF CERTAIN REAL PROPERTY, DECLARING ITS
INTENT TO SELL SUCH PROPERTY, AND SETTING A
HEARING DATE FOR CONSIDERATION OF PROTESTS
WHEREAS, the City of Palm Springs ("City") currently owns in fee that certain real
property generally located at 1479 N. Palm Canyon Drive, Palm Springs, California,
92262 (APN: 505-182-010) and legally described in Exhibit "A" attached to this resolution
and incorporated by reference herein ("Property"); and
WHEREAS, the City desires to sell the Property by entering into a Disposition and
Development Agreement ("DDA") with Aloe Palm Canyon L.P., a California limited
partnership, to construct a senior affordable housing
development with 71-units, communal amenities and related narking and _landscaae
improvements ("Project"),- and
WHEREAS, the Project will be developed on two contiguous parcels that are
largely vacant, one of which is the Property and the other is a parcel owned by the
Successor Agency to the former Community Redevelopment Agency of the City of Palm
Springs (APN: 505-182-004) ("SA Property"), which together consist of approximately one
and seventy-five one hundredths (1.75) acres of real property ("Site"); and
WHEREAS, California Government Code Sections 37420 through 37430
authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale of
public buildings and sites, it may adopt a resolution so finding and giving notice of its
intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such
resolution shall fix a time for hearing protests to the property conveyance, provide for
publication of notice of the hearing, fix the time when the City will take final action
regarding the property conveyance, and contain an accurate description of the property
to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed
disposition of the Property was presented to the City's Planning Commission as Case No.
5.1520 PD-390, and at a duly noticed public hearing held on January 13, 2021, the
Planning Commission found that the conveyance of the Property is in conformance with
the City's General Plan; and
55575.18175"^'°� 434283547.3
Resolution No.
Page 2
WHEREAS, the City wishes to declare its intent to dispose of and convey the
Property pursuant to the terms of the DDA, fix a time for the hearing of any protests to the
disposition, provide for publication of the notice of said hearing, and fix the time for final
action on the disposition of the Property and approval of the DDA; and
WHEREAS, on January 14, 2021, the City Council found the Project exempt
pursuant to Sections 15192 and 15194 of the CEQA Guidelines, as an affordable housing
development processed in accordance with Senate Bill No. 35 (2017), involving no
discretionary review and meeting thresholds necessary to qualify for an exemption under
Section 15194 of the CEQA Guidelines; and
WHEREAS, the City prepared a Notice of Exemption and filed the exemption with
the Office of Planning and Research pursuant to Public Resources Code section 21152.1
and the Riverside County Clerk within five working days of Project approval.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and
correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council of the City hereby finds and
determines that public convenience and necessity require the sale of the Property. The
factors demonstrating that the public convenience and necessity require the sale of the
Property include, but are not limited to the following: for purposes of economic
development, the Site will be developed with a new two-story residential mixed -use
development consisting of seventy-one (71) rental units (with sixty-nine (69) reserved for
low income seniors), communal amenities and related parking and landscape
improvements, which will assist the City in meeting its regional housing needs allocation,
create jobs within the City, alleviate conditions of economic and physical blight in the City,
and create an increase in sales and property taxes, all of which benefit the health, safety
and welfare of the City.
SECTION 3. Declaration of Intent to Sell: Fixing of Hearing. The City Council
of the City hereby declares its intent to sell the Property pursuant to the DDA and fixes
September 30, 2021, at 5:30 P.M. or as soon thereafter that the matter can be heard at
a public hearing conducted by teleconference, pursuant to Executive Order N-29-20 if
extended , as the date, time and location for hearing any protests to the proposed sale of
the Property, approval of the DDA, and as the final action date. There will be no in -person
public access to City Hall Council Chambers as permitted by the Governor's executive
order. Members of the public may view the City Council meeting live at the City's website
at www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).
SECTION 4. Publication and Posting. In compliance with California
Government Code Section 37423, the City Council of the City hereby directs City staff to
publish this resolution at least once in a daily newspaper prior to September 30, 2021,
and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous
places upon the Property prior to September 30, 2021.
55575.18175\34&3-- 234283547 3
Resolution No.
Page 3
SECTION 5. CEQA. The Palm Springs City Council previously
determined that the Project is exempt from CEQA as an affordable housing project that
meets criteria found in Sections 15192 and 15194 of the CEQA Guidelines. ,
;
adopted by Gity GounGil at a meeting held OR january 14, 2021, in GORReGtion with the
., and a Notice of
Exemption dated January 14, 2021 stating so was filed with the Office of Planning and
Research and the Riverside County Clerk following City Council's approval of the Planned
Development District Application, Case No. 5.1520 PD-390, for construction of the
Project. Because this Resolution implements the previously approved Project, which the
Palm Springs City Council previously determined to be exempt from CEQA, no further
environmental review is necessary.
SECTION 6. Severability. If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
SECTION 7. Effective Date. This Resolution shall become effective
immediately upon its adoption.
SECTION 8. Certification. The City Clerk of the City of Palm Springs shall
certify as to the adoption of this Resolution.
ADOPTED THIS 9TH DAY OF SEPTEMBER, 2021.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
55575.18175""'0�.-234283547 3
Resolution No.
Page 4
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
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 9, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 9th day of September, 2021.
ANTHONY J. MEJIA, MMC
CITY CLERK
55575.18175"^'1O64T.z34283547 3
Resolution No.
Page 5
EXHIBIT "A"
TO
RESOLUTION NO.
LEGAL DESCRIPTION OF PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A: ASSESSOR'S PARCEL NO: 505-182-010
ALL THAT REAL PROPERTY SITUATED IN THE COACHELLA VALLEY COUNTY
WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 10, IN THE TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, BY METES AND BOUNDS, COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 10; THENCE SOUTH 89°51' WEST,
353 FEET TO THE CENTER LINE OF THE COUNTY HIGHWAY; THENCE SOUTH
ON THE CENTER LINE OF THE COUNTY HIGHWAYS, 700.13 FEET;
THENCE SOUTH 89050' WEST 30 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89050' WEST, 205.88 FEET; THENCE SOUTH 0°10' EAST, 211.68
FEET;
THENCE NORTH 89050' EAST 205.30 FEET, MORE OR LESS TO THE WESTERLY
LINE OF SAID COUNTY HIGHWAY;
THENCE NORTH ON SAID WESTERLY LINE OF THE COUNTY HIGHWAY, 211.88
FEET MORE OR LESS, TO THE POINT OF BEGINNING.
55575.1817544 °��"'.'"'.'34283547.3
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12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, FINDING THAT THE
PUBLIC INTEREST AND CONVENIENCE REQUIRE THE
SALE OF CERTAIN REAL PROPERTY, DECLARING ITS
INTENT TO SELL SUCH PROPERTY, AND SETTING A
HEARING DATE FOR CONSIDERATION OF PROTESTS
WHEREAS, the City of Palm Springs ("City") currently owns in fee that certain
real property generally located at 1479 N. Palm Canyon Drive, Palm Springs, California,
92262 (APN: 505-182-010) and legally described in Exhibit "A" attached to this
resolution and incorporated by reference herein ("Property"); and
WHEREAS, the City desires to sell the Property by entering into a Disposition
and Development Agreement ("DDA") with Aloe Palm Canyon L.P., a California limited
partnership, to construct a senior affordable housing development with 71-units,
communal amenities and related parking and landscape improvements ("Project"); and
WHEREAS, the Project will be developed on two contiguous parcels that are
largely vacant, one of which is the Property and the other is a parcel owned by the
Successor Agency to the former Community Redevelopment Agency of the City of Palm
Springs (APN: 505-182-004) ("SA Property"), which together consist of approximately
one and seventy-five one hundredths (1.75) acres of real property ("Site"); and
WHEREAS, California Government Code Sections 37420 through 37430
authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale
of public buildings and sites, it may adopt a resolution so finding and giving notice of its
intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such
resolution shall fix a time for hearing protests to the property conveyance, provide for
publication of notice of the hearing, fix the time when the City will take final action
regarding the property conveyance, and contain an accurate description of the property
to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed
disposition of the Property was presented to the City's Planning Commission as Case
No. 5.1520 PD-390, and at a duly noticed public hearing held on January 13, 2021, the
Planning Commission found that the conveyance of the Property is in conformance with
the City's General Plan; and
WHEREAS, the City wishes to declare its intent to dispose of and convey the
Property pursuant to the terms of the DDA, fix a time for the hearing of any protests to
55575.18175\34283 547.3
Resolution No.
Page 2
the disposition, provide for publication of the notice of said hearing, and fix the time for
final action on the disposition of the Property and approval of the DDA; and
WHEREAS, on January 14, 2021, the City Council found the Project exempt
pursuant to Sections 15192 and 15194 of the CEQA Guidelines, as an affordable
housing development processed in accordance with Senate Bill No. 35 (2017), involving
no discretionary review and meeting thresholds necessary to qualify for an exemption
under Section 15194 of the CEQA Guidelines; and
WHEREAS, the City prepared a Notice of Exemption and filed the exemption
with the Office of Planning and Research pursuant to Public Resources Code section
21152.1 and the Riverside County Clerk within five working days of Project approval.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and
correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council of the City hereby finds and
determines that public convenience and necessity require the sale of the Property. The
factors demonstrating that the public convenience and necessity require the sale of the
Property include, but are not limited to the following: for purposes of economic
development, the Site will be developed with a new two-story residential mixed -use
development consisting of seventy-one (71) rental units (with sixty-nine (69) reserved
for low income seniors), communal amenities and related parking and landscape
improvements, which will assist the City in meeting its regional housing needs
allocation, create jobs within the City, alleviate conditions of economic and physical
blight in the City, and create an increase in sales and property taxes, all of which benefit
the health, safety and welfare of the City.
SECTION 3. Declaration of Intent to Sell: Fixing of Hearing. The City Council
of the City hereby declares its intent to sell the Property pursuant to the DDA and fixes
September 30, 2021, at 5:30 P.M. or as soon thereafter that the matter can be heard at
a public hearing conducted by teleconference, pursuant to Executive Order N-29-20 (if
extended), as the date, time and location for hearing any protests to the proposed sale
of the Property, approval of the DDA, and as the final action date. There will be no in -
person public access to City Hall Council Chambers as permitted by the Governor's
executive order. Members of the public may view the City Council meeting live at the
City's website at www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).
SECTION 4. Publication and Posting. In compliance with California
Government Code Section 37423, the City Council of the City hereby directs City staff
to publish this resolution at least once in a daily newspaper prior to September 30,
2021, and to post this Resolution for not less than ten (10) days in at least three (3)
conspicuous places upon the Property prior to September 30, 2021.
5 5575.18175\34283547.3
Resolution No.
Page 3
SECTION 5. CEQA. The Palm Springs City Council previously determined
that the Project is exempt from CEQA as an affordable housing project that meets
criteria found in Sections 15192 and 15194 of the CEQA Guidelines, and a Notice of
Exemption dated January 14, 2021 stating so was filed with the Office of Planning and
Research and the Riverside County Clerk following City Council's approval of the
Planned Development District Application, Case No. 5.1520 PD-390, for construction of
the Project. Because this Resolution implements the previously approved Project,
which the Palm Springs City Council previously determined to be exempt from CEQA,
no further environmental review is necessary.
SECTION 6. Severability. If any provision of this Resolution is held invalid,
the remainder of this Resolution shall not be affected by such invalidity, and the
provisions of this Resolution are severable.
SECTION 7. Effective Date. This Resolution shall become effective
immediately upon its adoption.
SECTION 8. Certification. The City Clerk of the City of Palm Springs shall
certify as to the adoption of this Resolution.
ADOPTED THIS 9TH DAY OF SEPTEMBER, 2021.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
55575.18175\34283 547.3
Resolution No.
Page 4
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
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 9, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 9th day of September, 2021.
ANTHONY J. MEJIA, MMC
CITY CLERK
5 5575.18175\34283 547.3
Resolution No.
Page 5
EXHIBIT "A"
TO
RESOLUTION NO.
LEGAL DESCRIPTION OF PROPERTY
REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A: ASSESSOR'S PARCEL NO: 505-182-010
ALL THAT REAL PROPERTY SITUATED IN THE COACHELLA VALLEY COUNTY
WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 10, IN THE TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, BY METES AND BOUNDS, COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 10; THENCE SOUTH 89°51' WEST,
353 FEET TO THE CENTER LINE OF THE COUNTY HIGHWAY; THENCE SOUTH
ON THE CENTER LINE OF THE COUNTY HIGHWAYS, 700.13 FEET;
THENCE SOUTH 89050' WEST 30 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89050' WEST, 205.88 FEET; THENCE SOUTH 0010' EAST, 211.68
FEET;
THENCE NORTH 89050' EAST 205.30 FEET, MORE OR LESS TO THE WESTERLY
LINE OF SAID COUNTY HIGHWAY;
THENCE NORTH ON SAID WESTERLY LINE OF THE COUNTY HIGHWAY, 211.88
FEET MORE OR LESS, TO THE POINT OF BEGINNING.
55575.18175\34283 547.3