HomeMy WebLinkAbout1ECITY COUNCIL STAFF REPORT
DATE: January 13, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2054
VESTING A DEVELOPMENT AGREEMENT WITH DESERT AIDS
PROJECT FOR AN 18,500-SQUARE FOOT EXPANSION OF
COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR
TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and read by title only; and
adopt Ordinance No. 2054 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN
18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES
ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH
SUNRISE WAY."
BACKGROUND:
On December 9, 2021, the City Council introduced Ordinance No. 2054 for first reading,
as noted below:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to introduce Ordinance No. 2054 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN 18,500-SQUARE
FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING
ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE
WAY.”
City Attorney’s Summary: This Ordinance approves a Development Agreement for a term
of ten (10) years unless otherwise terminated or modified as set forth in the Development
Agreement, vesting the discretionary entitlements associated with an 18,500-square foot
building expansion, identified by Case No.'s 5.0934 PD 218 and 3.1047 MAJ.
Item 1E - 1
City Council Staff Report
January 13, 2022 -- Page 2
Second Reading of Ordinance Relating to Desert Aids Project
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Anthony J. Mejia
City Manager: Justin Clifton
ATTACHMENT:
Ordinance No. 2054.
Item 1E - 2
ATTACHMENT 1
Item 1E - 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VESTING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND DESERT AIDS PROJECT FOR AN
18,500-SQUARE FOOT EXPANSION OF COMMUNITY
HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR
TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE
WAY.
City Attorney's Summary
This Ordinance approves a Development Agreement for a term of ten
(10) years unless otherwise terminated or modified as set forth in the
Development Agreement, vesting the discretionary entitlements
associated with an 18,500-square foot building expansion, 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 Desert Aids Project, a California nonprofit public benefit corporation,
("Applicant") 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 (POD) in lieu of a Change of Zone (Case
5.0934 PD-281) to expand the POD boundaries, and establish development
standards to allow for the Vista Sunrise II, a 61-unit affordable housing project and
for site improvements to include an 18,500-square foot addition connecting the OAP
Building to the adjacent OAP 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 18,500-square foot
expansion to the health facilities for a period of ten (10) years, and such other terms
and conditions as provided therein.
Item 1E - 4
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 for the
Project was given in accordance with applicable law, and on November 17,
2021, 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
6 to 0, (1 recusal) 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 9,
2021, 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 was prepared for the Project and evaluated, and the
prior analysis found no impacts requiring further study. The City Council has
reviewed and considered the information in the Initial Study and has, by separate
resolution, certified the final Mitigated Negative Declaration in accordance with
CEQA.
Item 1E - 5
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 adopted
by the City Council on December 12, 2020 along with 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.
Item 1E - 6
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 an 18,500-square
foot building expansion of the health care facility serving 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 Desert Aids Project 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 Desert Aids Project, a California non-profit public benefit corporation,
Case No. 5.0934 PD 218 and 3.1047 MAJ" 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 94.08.12 to read as follows:
"Section 94.08.12 Desert Aids Project
A Desert Aids Project Development Agreement
1. Purpose. The purpose of this section is to establish a development
agreement to guide the orderly development and improvement of the Desert Aids
Project campus to 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.
Item 1E - 7
2. Adoption of Desert Aids Project Development Agreement. There is adopted
the Desert Aids Project Development Agreement, the text of which is set forth in the
document entitled "Development Agreement by and between City of Palm Springs and
the Desert Aids Project, a California nonprofit public benefit corporation to expand the
existing health care facility within the Desert Aids Project campus per Case No. 5.0934
PD 281 and Case No. 3.1047 MAJ", 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 Desert Aids Project Development Agreement shall be maintained in
accordance with all policies, requirements, regulations, and provisions set forth in the
Desert Aids Project Development Agreement. The developer's performance of its
obligations under the Desert Aids Project 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 Desert Aids Project Development Agreement "Development Agreement No.
??" or "DA," 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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS _____ DAY OF ______________, _________.
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1E - 8
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on _________ and adopted at a regular
meeting of the City Council held on __________ 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 ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1E - 9