HomeMy WebLinkAbout2095ORDINANCE NO. 2095
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING SECTION
94.08.10 OF THE ZONING CODE AND APPROVING A
DEVELOPMENT AGREEMENT WITH DTPS B-3, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, RELATED TO
THE ENTITLEMENTS FOR A MIXED -USE DEVELOPMENT
INVOLVING 45 RESIDENTIAL CONDOMINIUM UNITS AND
RETAIL ON BLOCK B OF THE DOWNTOWN PALM
SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER
OF BELARDO ROAD AND MUSEUM WAY; 200 NORTH
BELARDO ROAD.
City Attorney's Summary
This Ordinance approves a Development Agreement for a
term ending July 31, 2030, unless otherwise terminated or
modified as set forth in the Development Agreement, vesting
the discretionary entitlements associated with a mixed -use
building with 45 residential condominium units and retail on
Block B of the Downtown Palm Springs Specific Plan,
identified by Case No.'s 3.3908 MAJ and TTM 37935.
THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. On December 2, 2009, the City Council adopted Resolution No. 22625 certifying
an Environmental Impact Report (SCH No. 2008061084), approving a Mitigation
Monitoring and Reporting Program and adopting a Statement of Overriding
Considerations ("Specific Plan EIR"), for the Museum Market Plaza Specific Plan and
enacted Ordinance No. 1764, thereby approving the Museum Market Plaza Specific Plan
which covers the land use, development standards and design guidelines for the Museum
Market Plaza Specific Plan area.
B. On October 17, 2012, the City Council certified an Addendum to the Specific Plan
EIR (Addendum #1), and approved a Conformity Review for implementation of a revised
Downtown Revitalization Plan entitled "Downtown Palm Springs" as conforming to and
being consistent with the approved Museum Market Plaza Specific Plan.
C. On March 2, 2016, and reaffirmed on April 6, 2016, the City Council adopted
Resolution No. 23977, certifying an Addendum to the Specific Plan EIR (Addendum #2),
renaming the Specific Plan as the Downtown Palm Springs Specific Plan ("Specific Plan"),
' and finding that Addendum #2 prepared for the Specific Plan appropriately described the
impacts of the Downtown Palm Springs Specific Plan.
Ordinance No. 2095
Page 2
D. DTPS B-3, LLC, a California limited liability company, ("Applicant") filed
applications with the City, in accordance with the Specific Plan and pursuant to Section
94.04.00 of the Zoning Code for a Major Architectural Application (Case 3.3908 MAJ) and
Title 9 of the Municipal Code for a Tentative Tract Map (Case TTM 37935), to allow the
construction of a mixed -use building with 45 residential condominium units and ground
floor retail at the northeast corner of Belardo Road and Museum Way and a one -lot
subdivision of a 0.84-acre lot for, condominium purposes for said mixed -use building
("Project'). These applications were conditionally approved by City Council Resolution
Nos. 24845 and 24846 ("Entitlements"), effective on May 3, 2021 for two years, and
extended by the Planning Commission through May 3, 2024.
E. The Applicant filed an application with the City, pursuant to.Section 94.08.00 of the
Zoning Code, for a Development Agreement (Case DA-2023-0008) to establish terms
and obligations on the Project, including a request to vest and extend the Entitlements
through July 31, 2030.
F. On February 28, 2024, a public hearing to consider Case DA-2023-0008 was held
by the Planning Commission in accordance with applicable law. At said meeting, the
Planning Commission carefully reviewed and considered all of the evidence presented in
connection with the hearing on the application, including, but not limited to, the staff report,
and all written and oral testimony presented, and voted 7 to 0 to recommend conditional
approval to the City Council, after determining that the application met required findings
' in Section 94.08.00(A)(12)(b) of the Zoning Code, as'follows:
1. 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 provides more time to complete a portion of
the overall redevelopment of the former Fashion Plaza with a mixed -use building
consisting of residential condominiums and retail. The proposed development
would provide residential options downtown and street -facing retail, which is
consistent with the following policies:
• General Plan Policy LU10.2: Encourage development of housing and
mixed -use land uses Downtown to increase activity in this area.
• Downtown Palm Springs Specific Plan, Guiding Principle I.CA.: A
balance of commercial and residential development which assures the
success of the area by increasing the number of homes in the
downtown, thereby increasing the customer base of the commercial
uses.
• Downtown Palm Springs Specific Plan, Guiding Principle I.C.5.: The
development of residential units which relate synergistically to the
commercial development around them, and encourage a pedestrian
' lifestyle with little use for the automobile.
Ordinance No. 2095
Page 3
The Agreement would aid the City in achieving the above policies and is consistent
with policies in the General Plan and Downtown Palm Springs Specific Plan. '
2. 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.
The site associated with the Project is located within the Central Business
District zone of the Downtown Palm Springs Specific Plan, which authorizes
mixed -use buildings with multi -family dwellings/condominiums and retail as
permitted, pursuant to Table III-1. The Agreement would authorize previously
granted entitlements to proceed at a future time that doesn't extend beyond July
of 2030. These entitlements consist of a Major Architectural Review Application
approved by City Council Resolution No. 24845 for the construction of a mixed -
use building on Block "B" of the Downtown Palm Springs Specific Plan, and the
Tentative Tract Map Application approved by City Council Resolution No. 24846
for a one -lot subdivision for condominium purposes. The Agreement doesn't seek
to permit other uses that would not otherwise be inconsistent with the Downtown
Palm Springs Specific Plan.
3. The development agreement is in conformity with public convenience,
general welfare and good land use practice.
The Agreement facilitates the future development of Block B of the '
Downtown Palm Springs Specific Plan. The Project will provide new opportunities
for residential and retail downtown as part of the overall redevelopment of the
former Fashion Plaza, while the applicant resolves a legal dispute impacting the
financial feasibility of the project. This will provide greater certainty with costs
associated with the Project, assuring expeditious completion of the development
after commencement of construction and reducing exposure to public .
inconveniences with a delayed construction project. Once completed, the Project
will improve_ the general welfare of the immediate surrounding by activating a
vacant site and will complete another component of the Downtown Palm Springs
Specific Plan in accordance with good land use practice.
4. The development agreement will not be detrimental to the health, safety and
general welfare.
The Project will be built in accordance with current uniform building codes
with access to all necessary utilities and public services, ensuring the health, safety
and general welfare are protected. Moreover, the terms of the Agreement would
not result in detrimental impacts.
5. The development agreement will not adversely affect the orderly
development of property or the preservation of property values. '
Ordinance No. 2095
Page 4
The Agreement would allow the future development of an entitled site to be
' developed with a project found to be consistent with the Downtown Palm Springs
Specific Plan. Property values are not expected to be impacted by the approval of
the Development Agreement, as the site will remain vacant and subject to the city's
Property Maintenance Standards ordinance (Section 93.19.00 of the Palm Springs
Zoning Code).
G. A notice of public hearing of the City Council of the City of Palm Springs, California
to consider Case DA-2023-0008 was given in accordance with applicable law and on
March 14, 2024, 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 application, including but not limited to the staff report, and all written
and oral testimony presented.
H. 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 Section 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,
considered, and approved in accordance with the procedures and requirements as set
forth in the Development Agreement Statute.
' I. Pursuant to Government Code Section 65865(c), the City of Palm Springs
previously adopted Zoning Code Section 94.08.00, that set forth rules and regulations
establishing procedures and requirements for consideration of development agreements.
This Development Agreement has been processed, considered, and approved in
accordance with the procedures and requirements as set forth in the City's Ordinances
and Municipal Codes.
J. The City Council finds that no further environmental review is required (Public
Resources Code section 21166; CEQA Guidelines section 15162). No changed
circumstances, changes in the environment or changes in regulations have occurred
since the certification of the EIR or the adoption of the addenda. Based on the
requirements of the Public Resources Code and the CEQA Guidelines, no additional
environmental analysis is required for this Agreement and the mitigation measures
previously imposed within the EIR will apply.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing findings 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.
Ordinance No. 2095
Page 5
Section 2. The Specific Plan EIR for the Project is the controlling environmental
document for the Council's consideration of the Development Agreement. '
Section 3. The Development Agreement complies with the provisions of the Palm
Springs Zoning Code Section 94.08.00, as set forth in Recital F of this Ordinance.
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 assure -development in accordance with City's land
use policies and goals.
c. The Development Agreement will provide for orderly growth consistent with the City's
General Plan,;and other public policies.
d. 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 subject property.
e. The execution of this Agreement furthers the public health, safety and general welfare
of the community.
f. The Development Agreement will allow legal commitments by Developer over and '
above those allowed by state law and the Palm Springs Municipal Code requirements.
g. The Development Agreement will provide certainty for continuation of development
within the Specific Plan area, which included public street systems and sidewalks, a
public park, public parking, art installations and other amenities greatly enhancing the
City of Palm Springs and its residents, and promotes the economic health of the
community and success of downtown businesses.
h. The Development Agreement will assist with creating job opportunities within the City.
i. The Development Agreement will further the live/work atmosphere in downtown where
residents can access community businesses and economic opportunities in the heart
of the City without the need for vehicular transportation.
Section 5. Approval of the DTPS B-3, LLC Development Agreement. The City Council
hereby approves the DTPS B-3, LLC Development Agreement, the text of which is set
forth in the document entitled "Development Agreement by and between City of Palm
Springs and DTPS B-3, LLC, a California limited liability company," and authorizes
execution thereof by the City Manager. The provisions of this section shall apply to all
property described in Exhibit "A" attached to the Development Agreement.
Section 6. The Palm Springs Zoning Code Section 94.08 is hereby amended by adding
Section 94.08.10 to read as follows: I
Ordinance No. 2095
Page 6
"Section 94.08.10 DTPB B-3, LLC Development Agreement
' A. DTPS B-3, LLC Development Agreement
1. Purpose. The purpose of this section is to establish a development agreement
to guide the orderly development and improvement of that portion of the city previously
developed as the Desert Fashion Plaza and now identified as Block B of the Downtown
Palm Springs Specific Plan, which is located north of Museum Way, south of Andreas
Road, east of Belardo Road and west of Palm Canyon Drive, in the Northeast One -
Quarter of Section 15, Township 4 South, Range 4 East, San Bernardino Base and
Meridian,' -in the City, of Palm: Springs as legally described as Exhibit "A" of the
Development Agreement, attached to the Ordinance codified in this section and
incorporated herein by reference. The property is designated as part of the Downtown
Palm Springs Specific Plan which allows for a mix of approved land uses including
Commercial, Retail, High Density Residential, Open Space/Public Space and Resort
development generally consistent with the Central Business District ("CBD") land use
designation in the general plan, as applicable. Hereafter, the property shall also be
designated as "Development Agreement No. 6" or "DA6" which shall be an overlay
designation incorporating the restrictions of the "DTPS B-3, LLC Development
Agreement." The DTPS B-3, LLC Development Agreement provides for ultimate
development of a new six -story, 73,300-square foot mixed -use building of up to 60-feet
in height with forty-five residential condominiums and ground floor retail space, and is
consistent with the General Plan and Specific Plan objectives, policies and programs of
the City.
' 2. Adoption of DTPS B-3, LLC Development Agreement. There is adopted the
DTPS B-3, LLC Development Agreement, the text of which is set forth in the document
entitled "Development Agreement by and between City of Palm Springs and DTPS B-3,
LLC, a California limited liability company," 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. All pr'operty which is subject to the
DTPS B-3, LLC Development Agreement shall be maintained in accordance with all
policies, requirements, regulations, and provisions set forth in the DTPS B-3, LLC
Development Agreement. The developer's performance of its obligations under the DTPS
B-3, LLC 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 from CBD to being subject to the DTPS B-3, LLC Development Agreement
"Development Agreement No. 6" or "DA6," all of that real property described in Exhibit "A"
attached to the Development Agreement.
Section 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
' (30) days after passage.
Ordinance No. 2095
Page 7
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 28TH DAY OF MARCH 2O24
FIMIAyG
•
ATTEST:
BRENDA P EE, MMC, CERA
CITY CLERK
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Ordinance No. 2095
Page 8
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 2095 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on March 14, 2024, and adopted at a regular
meeting of the City Council held on March 28, 2024, by the following vote:
AYES:
Councilmembers
deHarte
NOES:
None
RECUSED:
Mayor Bernstein
ABSENT:
None
ABSTAIN:
None
Garner, Holstege, and Middleton; and Mayor Pro Tern
IN WITNESS WHEREOF, I have here�u t�, o set my hand and affixed the official seal of the
i
City of Palm Springs, California, this day of April 2024.
BRENDA PREE, MMC, CERA
CITY CLERK
Ordinance No. 2095
Page 9
Exhibit A
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Ordinance No. 2095
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EXHIBIT A
REAL PROPERTY DESCRIPTION
Parcel 3 as shown on Parcel Map 36446, as per Map recorded in Book 238, Pages 31
through 34 of Maps, records of Riverside County, California.
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