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Home My WebLink About2/21/2018 - STAFF REPORTS - 1.I QALM S O� pA. 'Pi s P ORPT[O T FOR��P Citv Council Staff Report DATE: February 21 , 2018 CONSENT CALENDAR SUBJECT: TERMINATION OF THAT CERTAIN SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITY FOR THE "STROKE ACTIVITY CENTER" DEVELOPMENT, PARCEL MAP 30581 FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY On January 18, 2006, the City Council approved Parcel Map 30581 creating 2 commercial parcels and approved a subdivision improvement agreement with Palm Springs Stroke Activity Center Foundation, a California Non-Profit Corporation, (Developer), securing the Developer's completion of a 5 feet wide sidewalk along Commercial Road associated with Parcel Map 30581. Following recordation of Parcel Map 30581, the 2 commercial parcels were merged, and the Developer has abandoned its proposal to develop the remaining portion of their property. Accordingly, they have requested release of their security, and this action will allow the Council to terminate the Subdivision Improvement Agreement and release the security. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THAT CERTAIN SUBDIVISION IMPROVEMENT AGREEMENT (A5216) WITH PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, AND AUTHORIZING RELEASE OF SECURITIES THEREFORE, ASSOCIATED WITH PARCEL MAP 30581 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST." BUSINESS PRINCIPAL DISCLOSURE.- Palm Springs Stroke Recovery Center was incorporated under the laws of the State of California, as filed, on October 12, 1979. The Center is organized and operates exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. The Center is managed by a Board of Directors consisting of: IT EM NO. 1.1. City Council Staff Report February 21, 2018- Page 2 Termination of PM 30581 SIA Robert Fey, President; Steve Abouaf; Kim Angel; Jay Horowitz; Nena McCullough, and Jacky Donnell. Beverly Greer is a nonvoting member of the Board of Directors, and functions as Secretary. Beverly Greer also serves as Chief Operating Officer of the Center and is responsible for the operations of the Center and reports to the Board of Directors in that capacity. STAFF ANALYSIS: At its meeting on July 24, 2002, the Planning Commission recommended approval of Tentative Parcel Map 30581, which was subsequently approved by the City Council, subject to conditions, on September 18, 2002, and subsequently extended by approval of Planning Commission and City Council. Tentative Parcel Map 30581 is located at the northeast corner of Alejo Road and Commercial Road as shown in Figure 1 — Vicinity Map. Department of Public Works and Engineering t Vicinity Maps z a S Z I E Alej Rd E Alm Rd i o " R Z Site M Rudy&e erra Way 500' Radius c 0 V m _3 Z CITY OF PALM SPRINGS PM 30581 Figure 1 — Vicinity Map 02 City Council Staff Report February 21, 2018- Page 3 Termination of PM 30581 SIA On January 18, 2006, the City Council adopted Resolution No. 21494, approving Parcel Map 30581 and an associated Subdivision Improvement Agreement, (SIA), with the Developer. Parcel Map 30581 created a subdivision of 2 commercial lots located at the northeast corner of Alejo Road and Commercial Road as shown in Figure 2. 7Dm.DL4lL3 xmOrrRrummm Jxo JaJs� 1 a)am of no=EAR D/ m caaa PARCEL MAP NO, 30581 KX A PWMN Or W S 1/2 Or 7NH E 1/4 Of EE3M 12 74S HJ5 SHY SLAM A,A MC Arts.RGA MWW A s �u oo o rwe n r u nr Of@ lJ m n rnnnmDNNw Im.J nr i PARCEL ALAPN0.130 �q m IPX M mKIY ROd. Il JWRAP404Rtl ryQp DIpII fiV .,mtl r®W r 'iIIV VNJi PANEL 3 Iu JM PANT(2 PAU1 I IL wx rP PAKS 3 w OSJINII I • 'C-'�\ PI mlAl IY{MM1D WIO irAL RIn OiM 1'✓NT yWX 1 I�rJlrvrx4glPtlNr LYIlI�} �\ xtlrtln Por sppn rJD�Ve:rr / 1- - '_ - eNLI MYYO�'PlrlrY r _IP_rYri tlmllm� _�a _.- ' rrmrrl A N P JJPPP+I A / IAf-r®rFY lluhmlullY (.evfT tlm IIvl / r mrvor r¢ .'I, •r4XJ Jwr nrbiT rD rJwxxr sYens rw.r ®NllftlVJJDXrM�X rtl FOJ tlL R1 1 Nr-�r16 r191C'Y.f.rPY IY PN PIWtls fs uP Lw V4" Itme erpDJrlrxrPl�>T11\r { 1K {W RP ; Xr.rXJP Xrrrwr tic Ev El. "xs-i�'�imu' itIIs dtlO ` ie � i r AAJJPSsIIRAIlRY2_ rl i PAK&P lACsr � iDc trt VT i 22� tt � � LJrrI JrrP: T Y J •` 4 --Pt WX MP tliyTrt WPi IltA1[ P+R� APD ,yIpx1 1 A ' JP]VY IInB wY.xq _ My/.�VtlDm 65[ M'Tl' Dm D9' DI �:tlt97 . r6.•IYM Prnrt nm v PYrJrt .m PAACaf1 W ANP Pp IJR6 •lf T1 IIm � rv7 iP[LY[ Figure 2 — Parcel Map 30581 Associated with Parcel Map 30581 was a requirement to construct a 5 feet wide public sidewalk along the frontage of Commercial Road, with an estimated cost of $5,000. At the time Parcel Map 30581 was approved by the City Council, the Developer had not constructed the sidewalk, and in accordance with Section 66462 of the California Government Code, the Developer requested that the City enter into the SIA securing the cost of the public sidewalk. 03 City Council Staff Report February 21, 2018- Page 4 Termination of PM 30581 SIA Accordingly, pursuant to the terms of the SIA, the Developer filed Certificate of Deposit No. 4719004659 in the amount of $5,000 with the City to guarantee construction of the sidewalk. In 2013, the Developer elected not to pursue development of the second commercial parcel created by Parcel Map 30581, and filed for recordation a Parcel Merger — reverting to acreage the previously subdivided parcels. The Developer has requested that the City release the $5,000 security required as a condition of the City's approval of Parcel Map 30581, in light of the fact that the related subdivision has been abandoned and the property reverted to acreage. In order to accommodate the Developer's request, the Council will need to terminate the SIA associated with Parcel Map 30581, thereby releasing the Developer from any obligation to construct the public sidewalk along Commercial Road. The area in question is shown in the following photo: I 1 Staff recommends the Council terminate the SIA associated with Parcel Map 30581, and release the Certificate of Deposit for $5,000 guaranteeing construction of the public sidewalk. Staff notes that there have been no requests from the public to construct missing sidewalks along Commercial Road, which remains generally vacant land with the exception of a commercial business park and the Fed Ex distribution facility located at the north end of Commercial Road, as shown on the following page. 04 City Council Staff Report February 21, 2018- Page 5 Termination of PM 30581 SIA IKEMIME r i « MID Op It r � - uMi• .- - .' o • • ' • The Developer retains ownership of vacant land behind the Center, and the City will continue to have an opportunity to impose a requirement to construct the public sidewalk along Commercial Road at any time in the future that the Developer, or its successors, applies to the City for any land use entitlements for the property. 05 City Council Staff Report February 21, 2018- Page 6 Termination of PM 30581 SIA ENVIRONMENTAL IMPACT: The requested City Council action is not a 'Project' as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: The requested action will authorize termination of the SIA associated with Parcel Map 30581, thereby releasing the Developer from any obligation to construct the public sidewalk along Commercial Road and allowing for the release of security in the amount of $5,000. In the absence of financial security to complete the public sidewalk, to the extent the need occurs for the City to construct the sidewalk in the near future, the City would be responsible for its cost. SUBMITTED i M.44 Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S. City Engineer Assistant City Manager David H. Ready, City Manager Attachment: 1. Resolution 06 Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THAT CERTAIN SUBDIVISION IMPROVEMENT AGREEMENT (A5216) WITH PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, AND AUTHORIZING RELEASE OF SECURITIES THEREFORE, ASSOCIATED WITH PARCEL MAP 30581 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of July 24, 2002, recommended approval of Tentative Parcel Map 30581, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of September 18, 2002, approved Tentative Parcel Map 30581 subject to conditions; and WHEREAS, Tentative Parcel Map 30581 was subsequently extended by approval of the Planning Commission and City Council; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of January 18, 2006, adopted Resolution No. 21494, approving Parcel Map 30581 and a related Subdivision Improvement Agreement, (Agreement No. 5216), with Palm Springs Stroke Activity Center Foundation, a California Non-Profit Corporation, (hereinafter the "Developer'), in accordance with Section 66462 of the California Government Code; and WHEREAS, in accordance with Section 4.1 of the Subdivision Improvement Agreement, the Developer was required to submit subdivision improvement securities in the amount of $5,000 to guarantee construction of a public sidewalk along Commercial Road required for and associated with Parcel Map 30581; and WHEREAS, the Developer filed with the City Clerk a performance bond in the amount of $5000 to guarantee construction of the public sidewalk, in accordance with the Subdivision Improvement Agreement; and WHEREAS, on August 15, 2013, the Developer filed for recordation with the Riverside County Recorder that certain Parcel Merger No. 13-04, legally merging the two commercial parcels created by Parcel Map 30581; and 08 Resolution No. Page 2 WHEREAS, the Developer no longer intends to develop the remaining portion of their property and will not complete construction of the public sidewalk, and has requested that the City release the security held by the City to guarantee its construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution. Section 2. The Subdivision Improvement Agreement, (Agreement No. 5216), with Palm Springs Stroke Activity Center Foundation, a California Non-Profit Corporation, associated with Parcel Map 30581 approved on January 18, 2006, by Resolution No. 21494, is hereby terminated. Section 3. The City Clerk is hereby authorized to release the Security Instrument previously filed with the City Clerk to guarantee construction of the Works of Improvement associated with Parcel Map 30581, identified as Certificate of Deposit No. 4719004659 in the amount of$5,000. Section 4. The City Clerk, following adoption of this resolution, shall record this Resolution with the Riverside County Recorder, to provide constructive notice of the City's termination of Subdivision Improvement Agreement, (Agreement No. 5216), recorded on June 30, 2006, as Document No. 2006-0476543. ADOPTED THIS 21s' day of February, 2018. David H. Ready, City Manager ATTEST: Anthony Mejia, City Clerk 09 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 21, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, City Clerk City of Palm Springs, California 10