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HomeMy WebLinkAbout1F OCRCity Council Staff Re{Jorl DATE: February 11, 2021 CONSENT CALENDAR SUBJECT: APPROVAL OF AUTHORIZATION TO BID THE DEMOLITION OF PARTIALLY DECONSTRUCTED BUILDINGS ON THE PROPERTY LOCATED AT 1875 NORTH PALM CANYON DRIVE, CITY PROJECT 21- 03. FROM: BY: SUMMARY: David H. Ready, City Manager Development Services Department Public concern has increased over the blighted condition of the partially deconstructed buildings located at 1875 North Palm Canyon Drive. The Code Enforcement Department issued a notice of violation to the property owner to complete the demolition of the partially deconstructed buildings. The property owner failed to act on the notice of violation within the prescribed time limit. Staff is proposing to initiate a project to demolish and remove the buildings as they have become a health and safety hazard. Staff has investigated the costs to demolish the property and the total estimated cost is approximately $280,000. RECOMMENDATION: 1. Authorize Staff to advertise and solicit bids for the demolition of the partially deconstructed buildings located on 1875 North Palm Canyon Drive (APN 504-310- 027), City Project 21-03; and 2. Authorize the City Manager to execute all necessary documents. BACKGROUND: Entitlements for a hotel development on the subject site at 1875 North Palm Canyon Drive were granted by the Planning Commission in April 2017. In June of 2017, the property owner received the necessary permits to demolish certain buildings and deconstruct certain other buildings (see Figure 1). After receiving the permits from the Building Department, the owner's contractor was successful in demolishing two buildings, removing the existing pool, and deconstructing the remaining buildings leaving only the wood frame and the roof (see Figure 2). The property and the remaining deconstructed buildings have remained undeveloped since 2017. ITEM NO.l'AN$£Nf 1.f 2City Council Staff Report February 11, 2021 --Page 2 Demolition of Deconstructed Buildings on 1875 North Palm Canyon Figure 1. Figure 2. On July 21, 2020, the Code Enforcement Department issued a notice of violation (Case No. CE 190620) to the owner of the property, the notice of violation is included as Attachment 1. The notice of violation informed the owner of the following City of Palm Springs ordinance violation: City's Vacant Buildings/Blighted Property Ordinance (Palm Springs Municipal Code, Ch. 8.80.), as well as a public nuisance generally. 3City Council Staff Report February 11, 2021 --Page 3 Demolition of Deconstructed Buildings on 1875 North Palm Canyon The notice of violation informed the property owner that corrective measures were required and set a deadline of September 18, 2020 (60 days) to perform said corrective measures. STAFF ANALYSIS: The City Council has been concerned over abandoned and blighted buildings throughout the City. On September 24, 2020, the City Council approved an update to Chapter 8.80 of the City's municipal code to make it easier for the public to understand the requirements pertaining to vacant buildings and easier for the City to enforce. As of September 18, 2020, the owner of the property did not appeal nor perform any corrective measures required by the notice of violation. As such, the City Attorney's office moved to obtain a court issued abatement warrant. On January 20, 2021, the judge approved the abatement warrant and allowed for 30 days to execute the initial warrant. The initial warrant will allow the City and any potential contractors to perform a site visit on the property. The initial warrant will also allow for Staff to work with a vendor to provide a lead and hazards material survey. The warrant expires on February 19, 2021. With the City Council's approval, staff will advertise the project in the Desert Sun, and use PlanetBids, a third-party online procurement service to conduct bid solicitations. City staff will make the bid documents available free of charge to any prospective bidders. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the demolition of small structures, including up to three commercial buildings on sites zoned for such use; therefore, in the event the City Council directs staff to proceed with the Magruder Chevrolet Demolition, City Project No. 21-03, the project is considered categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. FISCAL IMPACT: There is no existing budget for this project. If the City Council authorizes staff to proceed with bidding, Staff recommends the City Council appropriate funds from the General Fund Balance to cover the demolition and abatement costs. At the time a contract award is presented to the City Council, Staff will present the actual budget required. All costs associated with the demolition will be appropriated from General Fund balance and will be recovered through a lien on the property. 4City Council Staff Report February 11, 2021 --Page 4 Demolition of Deconstructed Buildings on 1875 North Palm Canyon SUBMITTED: inn Fagg, AICP\ Director of Development Services David H. Ready,Ph.o City Manager Attachments: 1. Notice of Violation CE 190620 Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 5Attachment 1 6NOTICE OF VIOLATION CITY OF PALM SPRINGS Police Department 200 South Civic Drive, PO Box 1830, Palm Springs CA 92263 DELIVERED VIA POSTING ON SUBJECT PROPERTY, & FIRST-CLASS MAIL AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED TO INTERESTED PARTIES Date of Issuance: July 21, 2020. Case No.: CE190620. Subiect Property: 1875 North Palm Canyon Drive Palm Springs, California 92262 APNs: 504-310-027; 504-310-027-6 Legal Description: PARCEL 1 OF PARCEL MAP NO. 12937, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 94, PAGES 51 TO 53, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Compliance Deadline: September 18, 2020 (60 Days). Interested Parties: See attached mailing list. To All Interested Parties: This Notice of Violation is issued pursuant to Chapter 11. 72 of the Palm Springs Municipal Code ("PSMC)" and California Health and Safety Code ("HSC") section 17980 et seq. It has been determined by officials for the City of Palm Springs ("City") that your property at the address identified above ("Subject Property") contains unlawful conditions that constitute a public nuisance and that pose a substantial danger to the health, safety, and general welfare of -1 of6-SSS7S ISISS\33108023.2 7the occupants, the surrounding community, and the public. These unlawful conditions are in violation of multiple provisions of law, including, but not limited to, the PSMC and the HSC. The following unlawful conditions have been identified on the Subject Property (this may not be an exhaustive list of all violations and the City of Palm Springs retains the right to identify further violations as they are discovered): CODE DESCRIPTION Vacant Buildings/ Blighted Property: PSMC The Subject Property contains incomplete or 8.80.200 partially constructed buildings and numerous Substandard Building/ General Dilapidation unsafe public nuisance conditions that pose a ' or Improper Maintenance: HSC risk to the health and safety of the community 17920.3(a)14; HSC 17920.3{c); HSC and the general public. The structure located 17920.3(k); CBC 116.1 on the Subject Property is manifestly unsafe due to incomplete construction and improper Substandard Building/ Structural Hazards: maintenance. The structure is uninhabitable. HSC 17920.3(b)(1); HSC 17920.3(b)4 Resume and complete construction to abate the violations, or demolish the structure on premises. Property Maintenance Required/ Removal of The Subject Property contains exterior Junk, Debris, and Other Materials: PSMC accumulations of junk, debris, construction 93.19.00 (Zoning Code) materials, personal property, refuse, waste Substandard Building/ Exterior matter, and/or improperly stored building materials. An accumulation of these items is a Accumulations Constituting Fire, Health, or fire hazard and can serve as a harborage for Safety Hazard: HSC 17920.3(j) vermin. Remove all junk, debris, construction materials, personal property, refuse, waste matter, and improperly stored building materials from premises. Property maintenance required/ The Subject Property contains overgrown Landscaping: PSMC 93.19.00 (Zoning Code) weeds, and dead vegetation that constitute a Substandard Building/ Exterior fire, health, or safety hazard. Dead vegetation Accumulations Constituting Fire, Health, or increases the intensity of and facilitates the Safety Hazard: HSC 17920.30) spread of fire. Maintain landscaping throughout the premises. Remove all dead/dry vegetation and overgrown weeds. -2of6-SSS7S 18155\33108023.2 8CODE DESCRIPTION The Subject Property contains inadequate weather protection which constitutes a health and safety hazard. Inadequate weathering can result in water damage, wind damage, and other weather related damages that can bring Substandard Building/ Faulty Weather about the wear and deterioration of the Protection: HSC 17920.3(g)2; 17920.3(9)3 structure located on the Subject Property. Resume construction to rehabilitate, repair, or demolish the structure on the premises. Should the structure remain on the property, I properly weatherproof all exterior walls, roofs, foundations, floors, windows, and doors. ! Uniform Code for the Abatement of The building has been substantially Dangerous Buildings. Section 3021 (as demolished/destroyed and has remained in a ' incorporated by PSMC 11. 72.160) state of partial demolition/destruction for well (12) Whenever the building or structure has over six months. The building itself remains been so damaged by fire, wind, earthquake o open, which amounts to an attractive nuisance flood, or has become so dilapidated or at which unlawful activities can occur. deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. ( 18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. Pursuant to the PSMC and HSC, the structures on the Subject Property are dangerously substandard and constitute public nuisances. Therefore, pursuant to PSMC sedion 11. 72.200 and HSC section 17980.6, you are hereby ordered to repair, demolish or abate all code violations on the Subject Property, including, but not limited to, all unlawful conditions identified herein. Work to abate these unlawful conditions must begin Immediately and must be completed within 80 calendar days from the date of this Notice of Violation ("Compliance Deadline") or you will be subject to further legal action. Repair, demolition or abatement of some of the unlawful conditions identified above may require you to obtain air quality, building, and demolition permits. You are obligated to obtain 1 Copy enclosed. -3of6-SSS7S.181SS\33108023 2 9these permits in time to complete the rehabilitation of the Subject Property by the Compliance Completion Deadline. The legal consequences for failure to initiate rehabilitation or demolition and correct the unlawful conditions identified above by the Compliance Deadline may include abatement (i.e., demolition) by the City or its contractors, misdemeanor criminal penalties, further administrative fines, a civil (court) action, an application for the appointment of a receiver over the Subject Property, or any combination of the foregoing. Furthermore, should the violations listed above not be remedied within the time period specified in this notice, you will be charged a fee equal to the City's actual cost and expense of abatement, which shall include all fees and costs incurred by the City in obtaining voluntary or involuntary compliance, including, but not limited to, subsequent inspection costs, staff time. abatement costs, overhead, and legal expenses, including attorneys' fees. The City may record a nuisance abatement lien or may make the cost of abatement a special assessment against the Subject Property. A current schedule displaying fees for enforcement activities are as follows: (1) general staff and inspection time@ $101.00 per hour, and (2) City Attorney time@ $200 per hour. Pursuant to HSC section 17980 .6( c), you are hereby notified that you cannot retaliate against lessees of the Subject Property pursuant to Civil Code section 1942.5. Pursuant to HSC section 17980(d), you are hereby notified that. in accordance with Revenue and Taxation Code sections 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in this taxable year for the Subject Property. In accordance with Chapter 11. 72 of the PSMC, this Notice of Violation may be appealed to a hearing officer. Any such appeal must be in writing and filed with the City Clerk within 10 days following the date this Notice of Violation was issued. The notice of appeal must set forth the appellant's full name and mailing address, the specific action appealed from. the grounds for the appeal and the relief sought; and must include payment to the city clerk of the appeal fee, as set in the comprehensive fee schedule. Absent a contrary determination incident to an appeal. the responsible party remains obligated to comply with this Notice of Violation. If you have any questions regarding this Notice of Violation, you may contact the undersigned. Fernando Gomez Code Compliance Officer City of Palm Springs 760-323-8116, extension 8752 -4of6-SSS7S ISISS\33108023 2 10PROOF OF SERVICE BY MAIL OF NOTICE OF VIOLATION I, F emando Gomez, DECLARE THAT: I AM A CITIZEN OF THE UNITED ST A TES OVER THE AGE OF EIGHTEEN YEARS; THAT I AM EMPLOYED WITHIN THE COUNTY OF RIVERSIDE, CALIFORNIA, BY THE CITY OF PALM SPRING AND MY BUSINESS ADDRESS IS: 200 South Civic Dr, Palm Springs, CA 92262; THAT I DELIVERED VIA POSTING ON SUBJECT PROPERTY, & MAILED VIA FIRST-CLASS MAIL AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED TO INTERESTED PARTIES, A NOTICE OF VIOLATION; THAT SUCH NOTICE WAS MAILED IN THE MANNER PRESCRIBED BY LAW TO ALL PROPERTY OWNERS OR PERSONS HOLDING LEGAL INTEREST ON THE ATTACHED MAILING LIST; AND THAT SUCH NOTICE WAS DEPOSITED, POST AGE PREPAID, IN THE UNITED ST A TES MAIL, AT THE FOLLOWING ADDRESS: 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 AT 3:30 PM, ON THIS 21 DAY OF JULY, 2020. I DECLARE, UNDER PENAL TY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT AND WAS EXECUTED ON JULY 21, 2020 AT Palm Springs, CALIFORNIA. -5 of6-SSS7S.18ISS\33108023.2 11MAILING LIST 1875 N. Palm Canyon Partners 11, LLC 1875 North Palm canyon Drive Palm Springs, California 92262 1875 N. Palm Canyon Partners II, LLC % James Turco 100 Spectrum Center Drive, Suite 530 Irvine, California 92618 JM Investment Group, LLC % James Turco 100 Spectrum Center Drive. Suite 530 Irvine, California 92618 The Evergreen Advantage, LLC % Califomia TD Specialists Attn: Patricia Matamoros 8190 East Kaiser Boulevard Anaheim Hills, California 92808 SSS7S.18ISS\331080l3 2 -6 of6-1875 N. Palm Canyon Partners II ,LLC 2 Park Plaza, Suite 840 Irvine, California 92614 Xueling Zhang 19668 Three Oaks Lane Walnut, California 91789 Dong Li 19668 Three Oaks Lane Walnut, California 91789 The Evergreen Advantage, LLC % Dan Zuckerman 1424 4th Street, Suite 1n Santa Monica, California 90401 121197 ABATEMENT OF DANGEROUS BUILDINGS 301 -Chapter3 DEFINITIONS SECTION 301 -GENERAL For the purpose of this code, certain terms, phrases. words and their derivatives shall be construed as specified in either this cha~ ler or as specified in the Building Code or the Housing O>de. Where terms are not defined, they shall have their ordinary K· cepred meanings within the context with which they are used. Webster~ Third New lnlernationol Dictionary of the Engli.flaLcm· guage, Unabridged, copyright 1986, shall be construed as provid-ing ordinary accepted meaninp. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the mas-"'-uline. BUILDING CODE is the Uniform Building Code promul-gated by Che International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. SECTION 302 -DANGEROUS BUILDING For the purpose of this code, any building or structure which has any or all of the conditions or defeds hereinafter described shall be deemed to be a dangerous building, provided that such condi-tions or defecas exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 1. Whenever any door, aisle. passageway. stairway or other means of e.xit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of file or pan-ic. 2. Whenever the waWng surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever lhe stiess in any materials, member or portion thereof. due to all dead and live loads, is mo.re than one and one half times the working stress or stRsses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the struciural strength or stability theieof is materially less than it was before such catastrophe and is le&, than tbe minimum requirements of the Building Code for new buildings of similar structure, purpose or location. S. Whenever any portion or member or appurtenance theJeof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, or any member. appur-tenance or ornamentation on the exterior thereof is not of suffi-cient strellglh or stability, or is not so anchored, attached or fastened in place sou to be capable of resisting a wind prcasure of one balfof that specified ia the Building Code for new buildings of sjmilar structu~. purpose or locadon wi1hou1 exceeding the work-ing stresses permitted in 1he Building Code for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled or settled ro such an extent that walls or oaher structuml portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty con-struction; (iii) the removal. movement or instability of any ponion of the ground necessary for the purpose of supporting such build-ing; (iv) the de1erioration, decay or inadequa~y of its foundation; or (v) any other cause, is likely to partially or completely collapse. 9. Whenever, for any reason, the buiJding or stnu.1ure, or any pnnion thereof, is manifestly unsafe for the purpose for which it is being used. 10. Whenever the exterior wal~ or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 11. Whenever the building or structu~, exclusive of the foun-dation. shows 33 percent or more damage or deterioration of its supporting member or members, or SO percent damage or deterio-ration of its nonsupporting members, enclosing or outside walls or coverings. 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) eoable persons to resort thereto for the purpose of committing un-lawful or immoral acts. 13. Whenever any building or structure bas been constructed, exisas or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, u specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or struc:1Ure of buildings. 14. Whenever any building or structu.re which, whether or not erected ill accordance with all applicable laws and otdinuces, has in any nonsupporting part, member or portion less than SO percent, or in any supporting part, member or portion less than 66 pe~nt of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-sesisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is deter~ mined by the health offtc:erto be unsani1ary, unfit for human habi-tation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsoles-cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is de-termined by the fire marshal to be a rue hazud. 17. Whenever any building orstructure is in such a condition u ro constitute a public nuisance known to the common law or in eq-uity jurisprudence. 8 1318. Whenever any portion of a building or structure remains on a site after the demolition or destNCtion of the building or struc• lure or whenever any building or structure is abandoned for a peri• od in exceu of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public . • 1997 ABATEMENT OF DANGEROUS BULDINGS