Loading...
HomeMy WebLinkAbout20289 - RESOLUTIONS - 3/6/2002 RESOLUTION NO. 20289 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON INDIAN CANYON DRIVE IN THE CITYOF PALM SPRINGS,CALIFORNIA, IDENTIFIEDASTHE PARKING LOT PORTION OF ASSESSORS PARCEL NUMBER 513-154-033 AND ASSESSORS PARCEL NUMBER 513-154-007, FOR THE PURPOSES OF CONSTRUCTING A DOWNTOWN PARKING STRUCTURE . WHEREAS, adequate parking has been a major problem forthe downtown for over three decades, and was even considered one of the blighting conditions that led to the creation of the Central Business District(CBD) Redevelopment Project Area in 1973 and has been a continuing issue in the development of the downtown; and WHEREAS, the City of Palm Springs has been investigating the acquisition of various interests in property, including fee interest, located along the west side of South Indian Canyon Drive between Baristo Road and Arenas Road, identified as a portion of Assessors Parcel Number 513-15.4-033 and Assessors Parcel Number 513-154-007 for the purposes of constructing a parking structure in the downtown (the "Project"); and WHEREAS, on March 6, 2002, after no less than 15 days written notice to the owner of the property referenced above and more specifically described and depicted in the legal ' descriptions and maps attached hereto as Exhibits"A-1"and"A-2"and Maps"B-1"and"B- 2", respectively, which legal descriptions and maps are incorporated herein by reference, the City Council of the City of Palm Springs held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project; and 2. Whether the project is planned or located in a manner which is most compatible with,the greatest public good and the least private injury; and 3. Whetherthe property proposed to be acquired is necessary for the project; and 4. Whether the offer required by Government Code Section 7267.2 had been given; and 5. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the properties more particularly described herein (the 'Property"), for the purposes of constructing a ' parking structure in the downtown (the "Project"); and 10 � Resolution 20289 Page 2 WHEREAS, the City of Palm Springs is authorized to acquire the Property under its own charter and Government Code Section 37350.5 and 40404. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION 1. The property to be acquired is located within the City of Palm Springs, County of Riverside, State of California, and is located on the west side of South Indian Canyon Drive between Baristo Road and Arenas Road, and otherwise identified as the parking lot portion of Assessors Parcel Number 513- 154-033 and Assessors Parcel Numbers 513-154-007. The Property the City seeks to acquire, and the Property,interests sought, consist of fee simple title interest to approximately 19,280 square feet of parking lot and 3,566 square foot parcel with a structure on it. SECTION 2. The public interest and necessity require the Project, in that the City's Downtown Parking Plan, including the imposition of an in-lieu parking fee for the development of new parking spaces,in the downtown, require the development of additional parking in the downtown: In addition, the acquisition of the Property described in as Exhibits "A-1" and "A-2" and Maps "B-1" and "B-2", respectively, is necessary for the Project because the work of the City Council subcommittee and Parking Think Tank has identified this site as the most impacted in the downtown by the shortage of parking. SECTION 3. It is further found and determined that said public improvement is ' planned and located in a manner which would be most compatible with the greatest public good and least private injury.' SECTION 4. The offer required by Government Code Section 7267.2 has been made to the record owner in a letter dated February 1, 2002. The City's acquisition agents have attempted to negotiate with the record owner, subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal procedures. SECTION 5. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the property pursuant to Code of Civil Procedure Sections 1240.510 and 1240.610. SECTION 6. The Project meets the criteria of a Class 32 categorical exemption under the California Environmental Quality Act under Section 15332 of the California Code as an In-Fill Development Projects. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this 'section: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with , applicable zoning designation and regulations. 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. /UCH Resolution 20289 Page 3 3. The project has no value as habitat for endangered, rare or threatened species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The site can be adequately served by all required utilities and public services. SECTION 7. The Planning Commission of the City of Palm Springs made a finding of the Project's general plan conformance pursuant to Section 65402 of the California Code at its February 27, 2002 meeting. The Project meets all applicable provisions of the City's General Plan and is a right of zone use under the City's Zoning Ordinance. All other development standards can be met or mitigated through the City's development process. SECTION 8. The lawfirm of Burke, Williams&Sorensen, City Attorney for the City of Palm Springs, is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the: opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of ' California,including, but not limited to,seeking orders for prejudgement possession of the property. Adopted this 6th day of. March 2002 AYES: Members Mills, 0den, Reller—Spurgin and Mayor Rleindienst NOES: None ABSENT: None TEST: Non CITY OF PALM SPRIN ALIFORNIA ��_ ✓ City Clerk City Manager REVIEWED & APPROVED: /Oc3 Resolution 20289 Page 4 EXHIBIT"A-1" , LEGAL DESCRIPTION OF SALOON PROPERTY ASSESSOR'S PARCEL NUMBER 513-154-007 LOT 18 OF BLOCK 28 OF PALM SPRINGS TOWNSTTE AS RECORDED IN MAP BOOK 9 AT PAGE 423,RECORDS OF SAN DIEGO COUNTY,CALIFORNIA,: SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD IF ANY. PREP Y SANB INC JO L. S ORNPLS.4146 0 -x28BENPCI,B 02R6/02 V. 29`:L NB s tb.LS4146 9 • EV•GI404 N� f CAI ivy Resolution 20289 Page 5 EXHIBIT"A-2" ' LEGAL DESCRIPTION OF 296 SOUTH PALM CANYON DRIVE PROPERTY LEGAL DESCRIPTION OF RESTRICTED PARCEL: ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP No. 13574 AS RECORDED IN PARCEL MAP BOOK 73 AT PAGE 52,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,THENCE SOUTH 890-53'-OT'WEST ALONG THE;SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF 145.35 FEET; THENCE NORTH 000-05'-27"WEST ADISTANCE OF 150.02I=, THENCE NORTH 890-52"-48"EAST A DISTANCE OF 145.34 FEET TO THE EAST LINE OF SAID PARCEL 1; THENCE SOUTH 00 05'-38"EAST ALONG SAID EAST LINE A DISTANCE OF 150.03 FEET TO THE POINT OF BEGINNING; SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD IF ANY. �d C Resolution 20289 Page 6 MAP "B-1" MAP OF SALOON/APARTMENT PROPERTY ' -- _ vv r Sv I a / I Y4 v Id n!. u — - - - © 3 22 SrO 08 $ s 154 2/ ® I a ® 20 4 ♦rat /d Y' O "•K) G 1 A 6 • 1 ao� O I O Q a /7 P /MlJ/d2 /Pr. I O9 `o ®0./TAc.& �I '-A(;' /MS1t 508 Q Por/ 4 09 zt $ ® o° 0.9/Ac.* N ''Q I L.M H ` R.SI wN)j LOTA _� �K7J cc I ab.f• ASSESSOR'S MAP BK.5/3 PG. /5 ' R/e/ERS/DE COUNTY, CALIF. DEC 0 11999 I Resolution 20289 Page 7 MAP "B-2" MAP OF 296 SOUTH PALM CANYON DRIVE PROPERTY 24 A — 2 I . Y3 I I[ d I 4Ar lU , ,. - - - - 08 K � n o w a �} 11 22 O 08 g + 154 2! s � o 20 4 4r sr Ltd r Y' O l]L Zt V7 /7 ® V 2 rwlS/!2 Ws. © 9 %`v ©4 O./7Ac..* h ' 'C a '"r" 508 v ?N75/51 INS,. Q Pori 09 b CA- 0.91Ac.aL �' Q ! s Su i3iEc't— co T10C(2.C6(_ ASSESSOR'S AIAPBK.5/3 PG. 15 RIVERS/DE COUNTY, CAL/F. DEC 0 ? 1999 Im