HomeMy WebLinkAbout2054ORDINANCE NO. 2054
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 fora term often
(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.
Ordinance No 2054
Page 2
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.
Ordinance No 2054
Page 3
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.
The Development Agreement reflects the approved conditions of approval of the
Project which serve to insure the preservation of property values in the vicinity.
Ordinance No 2054
Page 4
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 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 94.08.12 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.
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
Ordinance No 2054
Page 5
existing health care facility 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 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 13TH DAY OF JANUARY 2022.
LISA MIDDLETON, MAYOR
ATTEST:
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ANTHONY J. MEJIA, MMC
CITY CLERK
Ordinance No 2054
Page 6
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. 2054 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on December 9, 2021, and adopted at a
regular meeting of the City Council held on January 13, 2022, by the following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and Mayor
Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this '154' day of rabnkaxLAoa Z�
ANTHONY J. MEJIA, MMC
CITY CLERK