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HomeMy WebLinkAbout24932RESOLUTION NO. 24932 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 Resolution No. 24932 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 Palm Springs City Council 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 Palm Springs City Council 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 Palm Springs City Council hereby directs City staff to publish this resolution at least once in a daily newspaper prior to September 30, 2021, Resolution No. 24932 Page 3 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. 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. ATTEST: ONY \JL MEJ"TY CLERK L " 6441� JUSTI LIFTON, CI ANAGER Resolution No. 24932 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. 24932 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: Councilmembers Garner, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: Councilmember Kors ABSTAIN: None IN WITNESS WHEREOF, I have hereunjo set my hand and affixed the official seal of the City of Palm Springs, California, this i S day of �ko he✓ , & , . CA—n'thony J. 10ejia, ity Clerk City of Palm`Springs, California Resolution No. 24932 Page 5 EXHIBIT "A" TO RESOLUTION NO. 24932 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.