HomeMy WebLinkAbout12/7/2005 - STAFF REPORTS (10) E. Recommendations in Priority Order
1. The City needs to increase its focus on measuring all of the segments of total response
time. The emphasis needs to be on keeping dispatch and crew turnout times as small as
possible or total performance will never approach 90 percent in six minutes.
2. The City should adopt into its General Plan Safety Element modern fire deployment
measures that use percent of completion goals for the distribution and concentration of
fire crews.
3. The City should not allow significant new northern edge growth without new Station
#446 and the re-location of Station #443. In Citygale's experience for new
developments, it would be reasonable for new station #446 to open by about the
cumulative 400°i occupied unit, or about a 1,000 new residents from this point forward.
4. The City should obtain "bridge" fiscal support from the northern developments to add a
P firefighter (3 total firefighters needed) to Engine #443 and Truck#441 before building
permits are issued outside the footprint of the currently developed City.
5. The City should require residential fire sprinklers in all new construction in new, edge
area subdivisions until the new Station 9446 and re-located Station #443 are on-line and
firefighter staffing in the city raises to 18 per day.
6. Obtain developer contributions to build new Station Six at Site #8.
7. Obtain developer contributions to re-locate Station #443 to Site #6 The re-location of
Station#443 should not occur until new Station#446 is on line.
8. The remaining fire stations staffed with 2 firefighters (#444 and #445 should eventually
be increased to three personnel at each station (Captain, Engineer, Firefighter/Paramedic)
as funding allows, in order to increase their first-due effectiveness as well as that of the
multi-unit response to serious structure fires or rescues in the southern half of the city.
F. Next Steps
1. Start tracking dispatch and fire crew turnout time performance monthly and report it to
the individual shifts so turnout times can improve.
2. Have the Fire Chief and command staff absorb the findings and statistical data in this
report and return to the City Council with updated fire deployment measure
recommendations.
3. The City Council should direct staff to obtain developer contributions towards the
increase of daily staffing first to 15 and then to 18 for effective coverage in the northern
half of the city. New development also should be contributing to the physical
construction costs of re-locating Station#443 and new station#446.
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"41FORN,P COMMUNITY REDEVELOPMENT AGENCY
STAFF REPORT
DATE: December 7, 2005 New Business
SUBJECT: APPROVE A CONSTRUCTION STAGING LICENSE AGREEMENT FOR
THE SHORT-TERM USE OF THE SITE WITH CENTURY CROWELL
COMMUNITIES FOR CONSTRUCTION STAGING FOR THE MOUNTAIN
GATE II PROJECT; AUTHORIZE THE RELEASE OF A REQUEST FOR
PROPOSALS FOR MODERATE-INCOME, FOR-SALE HOUSING ON
THE AGENCY-OWNED GARDEN SPRINGS APARTMENTS PARCEL
AND APPOINT AN AGENCY SUBCOMMITTEE TO SERVE ON THE
REVIEW PANEL; AND, AUTHORIZE STAFF TO COMMENCE
CREATING A PARCEL FOR THE RELOCATION OF FIRE STATION NO.
3 ON THE SITE
FROM: David H. Ready, Executive Director
BY: Community & Economic Development
SUMMARY
This series of actions sets in place the process of issuing and evaluating a Request for
Proposals for the former Garden Springs Apartments site, for the purpose of developing
for-sale, moderate-income homes (town homes) on the site; beginning the process of
carving a .8 acre parcel at the northeast corner of the site for the purpose of relocating
Fire Station No. 3; and, approving a Construction Staging License Agreement with
Century Crowell Communities, LP for the short term use of the site for construction
staging.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING A
CONSTRUCTION STAGING LICENSE AGREEMENT BETWEEN CENTURY
CROWELL COMMUNITIES, LP AND THE COMMUNITY REDEVELOPMENT
Item No. R " 3 .
AGENCY, APPROVING A SHORT-TERM LICENSE AGREEMENT FOR
CONTRUCTION STAGING ON THE GARDEN SPRINGS APARTMENT SITE,
NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD"
2. AUTHORIZE THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTE
ALL DOCUMENTS RELATED TO THE AGREEMENT
3. AUTHORIZE STAFF TO FINALIZE AND ISSUE A REQUEST FOR
PROPOSALS FOR THE DEVELOPMENT OF THE SITE WITH MODERATE-
INCOME, FOR-SALE HOUSING
4. APPOINT A SUBCOMMITTEE OF THE AGENCY TO SERVE ON THE RFP
REVIEW PANEL
5. AND, AUTHORIZE STAFF TO PROCEED WITH THE CREATION OF A .8
ACRE PARCEL AT THE NORTHEAST CORNER OF THE SITE FOR THE
PURPOSE OF RELOCATING FIRE STATION NO. 3.
STAFF ANALYSIS:
In 1999 the Garden Springs Apartment site was proposed by the Developer, CBM
Group of Auburn, California, as 60 low- and very low-income apartment units, including
28 two-bedroom units, 24 three-bedroom units, and 8 four-bedroom units ranging in size
from 904 square feet to 1,403 square feet. The 60 units were to be contained in four
Iwo-story buildings, with each building containing from 12 to 16 units. The project, while
receiving several reductions in development standards and a density bonus required
under Section 65915 of the California Government Code, contained significant
architectural and landscaping upgrades as well a day care center and tot lot. This
project would have helped the City meet its requirements to provide affordable housing
tinder California law.
The project was originally approved by City Council on January 19, 2000. In February,
2000 the Developers requested Community Redevelopment Agency assistance,
specifically related to the cost of undergrounding the utility lines that surround the
property. The undergrounding portion was part of the Engineering Conditions of
Approval when the City Council approved the project. The estimated cost of the
undergrounding, as calculated by the Developer's utility consultant, was $650,300 and
later revised to over $900,000.
The project was delayed from February into April, 2000 because of a citizen's petition
asking to overturn the approval. The decision not to place the issue on a special
election ballot, based on California law, was made by the Council in April, 2000 but
project construction did not get underway until nearly the end of June. By early August,
the general partner determined that because of the IRS' absolute December 31, 2000
completion deadline for receipt of their 9% tax credits it was more financially prudent to
shut down the project than to continue and risk losing the tax credits.
Agency staff worked with the Developer on restructuring the financing of the project. In
2001 the Agency agreed, through a Disposition and Development Agreement, to pay
the Developer $500,000 for the 3.63 acre site as well as an additional $500,000 spread
over five payments once the construction on the project commenced. The DDA was
structured according to a Settlement Agreement negotiated by the City and Garden
Springs Apartments to settle litigation brought by the Developer against the City of Palm
Springs. The Agency agreed to contribute the land to the project when the project was
fully funded, all permits were obtained, and the Developer was prepared to commence
construction. The Agency retained reverter rights if the Developer failed to proceed or
complete the project. In addition, the Agency agreed to assist the Developer in applying
for Low Income Housing Tax Credits.
The Developer sought since August, 2000 to restructure the project financing in order to
complete the project. The Developer reapplied for 9% tax credits (LIHTC), and Agency
financial participation in the project was to have made the developer's LIHTC
application much stronger and make the project more likely to be built. However, the
DDA expired without the Developer ever successfully restructuring the financing and
moving forward on the project. The Agency closed on the purchase of the land in
September, 2001, which means it must convey it for development by September, 2006
under state redevelopment law, which limits the time an agency may hold land acquired
with Low-Mod Setaside Funds to no more than five (5) years; therefore, the Agency
must dispose of or cause the development of a low or moderate income project by
September 2006.
Based on informal direction from the Agency, staff was prepared in early 2004 to issue
an RFP for the development of the site for for-sale, moderate income housing. Because
the parcel is zoned R-2, the product would have needed to be condominiums, town
homes, or some other form of attached housing. That RFP is essentially ready to go
and is included here for the Agency's review and feedback in terms of product type,
housing priorities, etc. Additionally, the Agency will be asked to appoint an ad hoc
subcommittee to provide direction to staff in the evaluation of the RFP responses.
The reason the RFP was not released earlier in 2004 was that the issue of the
relocation of Fire Station No. 3 arose based on the development of the large single
family home tracts in the north end, such as Mountain Gate Palm Springs Village,
Desert Highland and K. Hovnanian's Four Seasons project. The City commissioned a
five minute response study through the firm of City Gate, which developed a list of
preferred sites for a future relocated station, given that P.S. Village is required by its
conditions of approval to provide a site for a fire station.
The preferred site, under a new spacing plan that would include a Fire Station No. 6
near Vista Chino and Gene Autry Trail, is at the corner of Indian Canyon Drive and San
Rafael Road, the Garden Springs site. Access up and down San Rafael would allow
the Fire Department access to Sunrise Way and to Highway 111 and properties located
there.
As part of a Condition of Approval, Palm Springs Village was required to sprinkler its
homes unless it was determined through the City Gate study that its project was located
within the 5-minute response time from a fire station. Staff would seek to recover a
portion of the avoided sprinklering costs for the construction of a new subdivision on the
site in return for relocating the fire station.
Based on that information, staff then asked Sanborn A & E to create a legal description
of a fire station site based on the site requirements provided by the Fire Department. If
the Agency authorizes staff to move forward on creating the parcel, we will create a
Grant Deed and agreement between the Agency and City that conveys the parcel to the
City at fair market value.
Staff proposes that, rather than the City paying the Agency for the parcel, that such an
agreement forgive a debt made by the Agency to the City of $205,000 as a result of the
sale of a 1.23 acre City-owned parcel to the Agency for the Vista Sunrise project on
Vista Chino Road, if the appraisal supports such an action. Those actions would come
back to the Agency and City Council in a future public hearing.
That Note was made by the Agency in July, 2003, as part of the Disposition and
Development Agreement with Vista Sunrise Apartments LP and McCormack, Baron and
Salazar. The City acquired the parcel from the Agency in October 2001 as a way of
helping the Agency comply with the same provision in Redevelopment Law limiting the
Agency to owning property for no more than 5 years. The Agency was already
negotiating for the parcel at that time with Vista Sunrise and did not want to dispose of
the parcel for non-housing uses.
Finally, Century Vintage Homes has made a request for temporary use of the site for its
project storage bins, construction offices, water tower and self contained fuel pump for
its Mountain Gate II project. They would need the lot for up to a year; staff has
proposed a License Agreement for a period of up to 10 months at a cost of $1,246.00
per month — the $246.00 per month is the Agency's cost of the site fencing and the
extra $1,000.00 per month is consideration for the temporary use of the site. The
License Agreement allows the Agency to terminate the use for any reason with 30 days
notice, and the 10 months brings us to the statutory limit before the Agency needs to
take some action on the conveyance of the land, or make a finding by resolution that it
must hold the property for longer (as it did with several Desert Highland Infill lots during
the time we were developing the Infill Program).
From the land use side, Century will need to have a Conditional Use Permit approved
for the use prior to the License being finalized.
Therefore, the Agency is being asked to authorize the release of the RFP for affordable
(moderate-income) for sale housing on either the full site or a reduced-size site;
authorize staff to proceed with creating a parcel for a fire station at the northeast corner
of the site; appoint an ad hoc subcommittee to review the RFP responses; and, approve
a License Agreement for a period of 10 months with Century Vintage Homes for use as
a construction staging campus.
FISCAL IMPACT: Finance Director Reviewe� t
The Construction Staging License Agreement would pay the Agency's Low-Mod fund
$1,246 per month during its term. The RFP would lead to a DDA that could require the
Agency to consider some per-unit subsidy for the buyer: in the case of the Desert
Highland Infill program (single family homes) the cash subsidy to the buyers is up to
$28,000 each. Finally, the sale of a fire station parcel to the City would, at a minimum,
erase the Agency's debt of $205,000 to the City on the Vista Sunrise parcel and cost
perhaps another $100,000 or so (based on $10.00 per square foot).
.)'OHN S. RA OND, THOMAS J. 1n%',LSON,
irect of C munity & Assistant City'Manager—
Economic Development Development Services
DAVID H. READY,
Executive Director
ATTACHMENTS:
1. Resolution Approving Construction Staging License Agreement
2. Construction Staging License Agreement
3. Draft RFP for Moderate-Income For-Sale Housing
44. Plot Plan of Potential Fire Station Parcel
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING A CONSTRUCTION
STAGING LICENSE AGREEMENT BETWEEN
CENTURY CROWELL COMMUNITIES, LP
AND THE COMMUNITY REDEVELOPMENT
AGENCY, APPROVING A SHORT-TERM
LICENSE AGREEMENT FOR CONTRUCTION
STAGING ON THE GARDEN SPRINGS
APARTMENT SITE, NORTH INDIAN
CANYON DRIVE AND SAN RAFAEL ROAD
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs, that a Construction Staging License Agreement with Century
Crowell Communities, LP for the short term use of the Garden Springs Apartments site
at the southeast corner of North Indian Canyon Drive and San Rafael Road for
construction staging, is hereby approved and the Executive Director, or his designee, is
hereby authorized to execute on behalf of the Agency the necessary documents to
complete the approved purchase.
ADOPTED this day of 2005.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
By:
Assistant Secretary Executive Director
REVIEWED & APPROVED
CONSTRUCTION STAGING LICENSE AGREEMENT
THIS CONSTRUCTION STAGING LICENSE AGREEMENT ("Construction
Staging License") is made and entered into as of , 2005 by and
between the Community Redevelopment Agency of the City of Palm Springs, a public
body, corporate and politic (the "Agency") and Century Crowell Communities, LP (the
"Developer"), with reference to the following:
A. Agency is the Owner in fee simple of the real property located at 3130 North
Indian Canyon Drive in the City of Palm Springs, County of Riverside, bearing
APN Number 501-031-028, and is legally described in Exhibit "A" attached and
made a part hereof. Said property is hereafter referred to as the "Agency
Parcel." Pursuant to this Construction Staging License, and subject to the terms
and conditions set forth herein, the Agency is granting to the Developer to enter
upon and utilize the Agency's Parcel pursuant to the conditions set forth herein
for the purpose of facilitating construction staging during construction of the
Developer's housing project.
B. As consideration for the use of the Agency's Parcel pursuant to this Construction
Staging License, Developer has agreed to pay a License Fee equivalent to a fair
market lease of the licensed property for the temporary use of Agency's Parcel.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Definitions.
(a) The term "Permittees" means (a) all employees, agents,
contractors, visitors, invitees, and licensees of Owner and the Developer,
respectively; and (b) any person or entity legally entitled to the use and
occupancy of space in any improvements situated on the Owner's Parcel, and
their respective employees, agents, contractors, visitors, invitees, licensees,
and subtenants.
(b) The term "Party or Parties" means Owner or Developer, their
grantees, successors, and assigns who become owners of any portion of the
respective parcels. At such time as any person becomes an owner of any
portion of a parcel, he shall be deemed to be a Party to this Agreement and
shall be conclusively presumed to have taken subject to and assumed all of
the obligations and burdens set forth in this Agreement pertaining to the
parcel of which their property is a part and to have automatically granted and
conveyed all easements described in this Agreement to all other Parties, their
successors and assigns, immediately upon such Party's acceptance of
delivery of a deed granting and conveying any portion of a parcel to such
Party.
2. Consideration for License. In consideration of the granting of this
license, the Developer shall pay the amount of One Thousand Two
Hundred Forty Six Dollars ($1,246.00) per month for ten months from
the date of execution.
3. Grant of License.
3.1 Grant of License by Agency. Agency hereby grants to
Developer a license to enter upon the Agency's Parcel to
store their project storage bins, construction offices, water
tower and self contained fuel pump from the Mountain Gate
project. Such Grant of License shall be effective upon
Developer's receipt of an approved Conditional Use Permit
for the use as described in this agreement.
3.2 Term of License. The license granted to the Developer
pursuant to Section 2.1 above shall commence on
, 2005 and terminate in ten months from
the date of execution.
3.3 Revocable. Agency may terminate this Construction Staging
License Agreement at its sole discretion at any time upon
providing thirty (30) days written notice to Developer.
3.4 Condition of Agency's Parcel. Developer shall keep any
portion of Agency Parcel which is subject to this license, in
its original condition. In the event the Agency discovers
trash or debris, or any nuisance on Agency's parcel not
caused by Developer or its use of the Licensed area, Agency
shall give notice to Developer of such nuisance and
Developer shall promptly correct same.
4. Indemnity and Insurance. Each Party severally agrees to defend and
hold the other Party harmless from all claims and liabilities including
reasonable attorney's fees and costs of suit, resulting from any actual
or alleged accident, injury, loss or damage whatsoever occasioned to
any Person or to the property of any Person as shall occur on the
Agency Parcel of, or by reason of any act or omission of, such
indemnifying Party except from all contractors providing work on or
using the Agency's Parcel in accordance with the City's standard
requirements and as approved by the City Risk Manager. In addition,
in the event of any challenge to the validity of this Construction Staging
License Agreement, all legal costs and attorney fees for such defense
shall be borne by Developer.
5. Notices: The Community Redevelopment Agency
of the City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
Attn: Executive Director
With Copy to: Douglas C. Holland, Esq.
Walsh & Walsh
420 Exchange
Irvine, CA 92602
Developer: Jim Holas, Project Manager
Century Vintage Homes
5000 E. Calle San Raphael, Suite C5
Palm Springs, CA 92264
With Copy to: Kevin K. Randolph, Esq.
Best Best & Krieger LLP, Suite 400
P.O. Box 1028
Riverside, CA 92502-1028
Any notice delivered personally shall be effective upon delivery. Any notice given
by mail as above provided shall be effective forty-eight (48) hours after deposit in the
mails. Any party may change address for notice by giving written notice of such change
to the other party.
5. General Provisions.
5.1 California Law. This Construction Staging License Agreement
shall be interpreted, enforced and governed by and under the
laws of the State of California and applicable Federal laws.
5.2 Transfers. Nothing contained in this Construction Staging
License does, or shall be construed to, limit in any way the right
and ability of the Parties to transfer, sell or encumber their
respective properties.
5.3 Miscellaneous. This Construction Staging License Agreement
may be modified only by a written agreement signed by the
parties hereto. If any action or proceeding is commenced by any
Party to enforce the terms of this Construction Staging License
Agreement, the prevailing Party shall be entitled to recover from
the other Party to this agreement reasonable attorneys' fees and
costs in addition to any other relief awarded by the court. Time is
of the essence of the Construction Staging License Agreement.
The Parties' respective rights and remedies under this
Construction Staging License Agreement are cumulative with and
in addition to all other legal and equitable rights and remedies
which the Parties may have under applicable law.
[SIGNATURE PAGE FOLLOWS:]
"DEVELOPER"
(NAME)
By:
Name:
By:
Name:
"AGENCY"
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, a public body,
corporate and politic
By:
Its:
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Agency Counsel
EXHIBIT "A"
LEGAL DESCRIPTION
THE WESTERLY 275.00 FEET OF THAT PORTION OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING EASTERLY OF INDIAN
AVENUE, SHOWN AS LOT A ON MAP OF TRACT NO. 2085, AS SHOWN Y MAP ON
FILE IN BOOK 41 PAGE 50 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, LYING NORTHERLY OF SIMMS ROAD, SHOWN AS LOT B ON SAID
MAP OF TRACT NO. 2085 AND LYING SOUTHERLY OF SAN RAFAEL ROAD.
:SHOWN AS LOT G ON SAID MAP OF TRACT NO. 2085.
Community Redevelopment Agency of
The City of Palm Springs, California
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OA41 FORN`P
For-Sale Multi-Family Housing
for Moderate Income Families
Request for Qualifications and
Conceptual Proposals
December 16, 2005
I. BACKGROUND
The Community Redevelopment Agency of the City of Palm Springs is seeking housing
developers for the potential development of up to thirty attached single family homes or
condominiums in the north end of Palm Springs, California (see Attachment A with map
and legal description). The Agency currently owns the identified property and is seeking
a private developer interested in partnering to develop the property with for-sale
attached single family homes or condominiums for moderate-income households.
The property is located within the R-2 zone and is situated adjacent to developed single-
family home residential areas to the east and other multi-family projects to the south.
Most notable are a row of historic homes along the east property boundary known as the
"Donald Wexler Steel Homes." Property to the north is currently undeveloped, though a
proposal for market rate condominiums is moving through the entitlement process. The
Agency has determined that the property provides an opportunity to develop new, quality
"for sale" single family homes to help meet a need that is currently not being fully met
within the community. A previous affordable 60-unit rental housing project was
proposed on the property but ultimately was not developed for lack of project financing.
The Agency review of proposals submitted in response to this RFP will focus on the
proposals' fulfillment of three major policy objectives, which can be described as follows:
• To provide quality affordable home ownership opportunities in the City of Palm
Springs;
• To maximize the quality and affordability of the homes being developed;
• To create home ownership opportunities for low and moderate income
households living and/or working within the City of Palm Springs.
Minority- and women-owned firms and local developers and contractors are especially
encouraged to submit proposals for the Agency's consideration.
II. DEVELOPMENT OPTIONS & AGENCY ASSISTANCE
The Agency is seeking a developer that will provide quality housing opportunities for low
and moderate income families and enhance the overall quality of the surrounding
neighborhood through quality building design and landscaping. To ensure that the
housing being proposed is available to moderate income households, occupants of the
housing development shall meet the income guidelines outlined in Table No. 1 below.
TABLE 1. AFFORDABILITY GUIDELINES'
Maximum Income Limits
CATEGORY NUMBER OF PERSONS IN HOUSEHOLD
1 2 3 4 t72,150
6 7 8
MODERATE
INCOME ANNUAL 46,750 53,450 60,100 6680 77,500 82,850 88,200
HOUSEHOLD INCOME
120%OF MEDIAN
Based on median income for Riverside County, adjusted for family size. Source: HUD FY 2002 Section 8
Income Limits effective January 1,2005.
The Agency proposes that the Developer construct up to thirty (30) homes on the lot at a
price affordable to moderate income households. The Redevelopment Agency would
create a buyer assistance program that would be available to buyers of the homes as
well to increase the affordability of the homes. Staff will analyze the Developer's pro
forma against the model pro forma for subsidized single family housing created by the
National Development Council (NDC). Within the pro forma are the following
assumptions: (1) that the Developer pays the appraised value for the lot; (2) that the
Developer is entitled to a developer profit; (3) that both hard and soft costs are part of
the project costs; and (4) that the Developer has set a home price that is competitive in
the market (at market or slightly below).
The subsidy provided by the Agency, per home, could be up to $25,000-$35,000; most
of that could be accomplished by the contribution of the per unit lot value to the buyer.
(The Developer will pay the Agency fair market value for the lot, though the terms could
be flexible so that the subsidy could then be passed on to the buyer.)
The buyer's subsidy would be included in the financing as a "silent second" loan. In
addition, Redevelopment Law requires that subsidized for-sale housing have a provision
that requires an "equity sharing" provision in the CC &Rs for a period of time.
An example of two mortgage scenarios is attached as Exhibit_; one includes a family at
the high end of the moderate income range and the other is a smaller household size.
The amount of purchase assistance provided by the Agency, if any, is negotiable and
will vary from homeowner to homeowner. Developers should obtain construction and
permanent mortgage financing from their own sources.
III. DEVELOPMENT GUIDELINES
The following development guidelines for the properties are intended to serve as
general parameters for design of the proposed homes. They are also meant to
ensure that appropriate amenities are incorporated into the proposed design and to
promote the completion of homes which meet the highest standards for quality.
o The properties must be constructed as single family attached homes or
condominiums in accordance with development guidelines for R-2 zoning.
o The architectural standards and construction quality of the units must be
commensurate with or higher than the City's established standards.
Construction shall be consistent with City building codes. The use of
alternative materials and/or construction methods to reduce costs are
encouraged, provided there is no reduction in the overall quality of design or
construction.
It shall be the sole responsibility of the developer to refine the RFP development
guidelines for their unique development through further research and discussions with
City staff (i.e., Planning, Engineering, Building and Safety, and Fire) to ensure full
compliance with all applicable State, County and City Codes, while achieving the highest
degree of quality housing. Development proposals shall be based on current municipal
codes, standards and policies and not on the necessity for adjusting existing
development standards in order for the development proposal to be viable.
IV. SUBMITTAL REQUIREMENTS
Five (5) copies of the comprehensive proposal shall be submitted to the Agency for
consideration and contain all of the required elements listed below:
A. DEVELOPER QUALIFICATIONS
1. Development Entity. Name and address of developer; phone and
fax numbers; e-mail address (if applicable). Identification of all
joint venture or limited partners with whom the Agency would
contract for development. Is the developer a subsidiary of, or
affiliated with, any other corporation(s) or firms? If yes, list each
such corporation or firm by name and address, specify its
relationship to the developer and such other corporation or firm.
2. Development Team. Identify the role of each development partner
in the implementation of the development. Identify and describe
role of key individuals in the development team (architects,
engineers, project manager, and others), who would be involved
in the implementation, including their relevant experience. Also
identify the party who will be responsible, and has the authority to
make decisions for the development team.
Include resume of the developer describing the qualifications of
the developer as well as recent housing development experience.
If the proposal is based upon a development team, the resumes of
each team member and their respective roles should be
submitted.
3. Developer Experience. The developer's previous relevant project
experience for projects of this type and size: A description of
three similar projects (date, location, land uses, size, architectural
features, role of development entity in the project, etc.). Include
photographs of recently completed projects with information on
location and date of the project.
4. Public/Private Partnerships. Include the names and phone
numbers of municipal references, if the developer has completed
a project with the assistance of another public entity. Include
information regarding experience in development and operation of
joint public/private partnerships, and time schedules from the
three most recent projects. Provide business references,
including Redevelopment Agency and/or City references, if
applicable, and two financial references. For each reference list
the name of a specific contact person, address, telephone
number, and nature of relationship.
5. Developer's Financial Capability
A. Include a statement of the developer's financial
qualification. Proposers should describe their ability to
raise equity/debt dollars including current relationships with
major lenders, and names and addresses of bank
references. Provide information regarding financing and
equity arrangements for the three projects listed as
developer's relevant experience.
B. DEVELOPMENT PROFORMA
1. Include a detailed proforma outlining the proposed hard, soft, and
financing costs associated with the proposed development.
2. Identify all sources of financing, including developer equity,
construction and permanent financing, as well as any proposed
Agency assistance.
3. Identify all other forms of proposed Agency and other
governmental assistance.
4. Idenitify all anticipated non-financial assistance such as street,
utility, parking or other improvements are to be constructed at the
Agency's expense.
5. Identify, if possible, the maximum feasible home price that a buyer
would/could pay in the Desert Highland Gateway neighborhood in
today's housing market.
C. SITE PLAN
1. Include a basic typical site plan showing the footprint and layout of
all proposed building on the properties, parking areas, and the
location of any proposed amenities (such as pools, courtyards,
social gathering areas, etc.) All site plans shall be clearly
dimensioned.
2. The site plan can be typical and does not need to be specific to
the identified lot for the purposes of the RFP.
D. FLOOR PLAN AND ARCHITECTURAL DRAWINGS
1. Include a dimensioned floor plan for each proposed home model
indicating total square feet and number of bedrooms.
2. Include an architectural elevation for each home model (if
available). If the developer does not have an architectural
elevation but has completed a similar model, a photograph of the
similar house may be substituted.
E. SUPPORTING TEXT
1. Include a concept summary of the proposed development.
2. Include a proposed construction schedule.
3. Identify any particular constraints or other barriers to developing
this project, how the Developer should respond to those barriers,
and what the City/Agency should be expected to do during the
project to address those.
V. EVALUATION CRITERIA
An in-house review committee will review all proposals received by the Agency and
proposals will be evaluated on the basis of the following criteria:
DEVELOPER QUALIFICATION
The developer must demonstrate sufficient experience and resources to obtain
private financing and implement their proposal in an expedient manner.
ARCHITECTURAL AND LANDSCAPE DESIGN
An attractive high quality development is desired for the subject properties. The
aesthetic character of the proposal and the developer's ability to create attractive
finished products, as demonstrated through examples of previous work similar to
this proposal, will be given careful consideration.
ECONOMIC FEASIBILITY
The likelihood of success is a very important consideration for each proposal.
The economic feasibility of the proposals should be primarily based on the
developer obtaining construction and permanent mortgage financing from private
sources, rather than relying solely upon Agency financial assistance, with the
exception of"gap financing".
PURCHASE PRICE
The proposed purchase price of lots owned by the Agency will be an important
consideration.
Staff will notify all applicants of the selected proposal within ten (10) days after approval
of the Agency Board. The Agency retains the right to reject all proposals.
VI. SCHEDULE
Request for proposals distributed and available..................... Friday, December 16, 2005
Deadline for receipt of proposals...............................4:00 P.M., Friday, February 8, 2006
Consultant short list ...............................................................Wednesday, March 6, 2006
Interviews................................................................................................To be scheduled
Contract award......................................................................... Wednesday, April 5, 2006
The requirements of this section are mandatory and failure to comply will deem the
proposal as non-responsive. The following criteria shall be observed:
❑ The proposal should not exceed 20 pages, single sided (8Yz" by 11") including all
site and building plans, staff resumes and references, and cover letter.
❑ Four (4) original proposals are required. Facsimile (fax) proposals will not be
accepted.
❑ The proposal shall include the name of the Developer submitting the proposal,
mailing address, telephone number, and the name of the individual to contact for
further information.
❑ The prospective Developer shall designate by name the project manager to be
employed. Substitution of the project manager by the selected Developer will not
be allowed without prior approval by the City of Palm Springs.
❑ All proposals must be received in the City of Palm Springs, Department of
Community and Economic Development, by 4:00 P.M., Friday, October 27, 2002.
Proof of receipt before the deadline is a City of Palm Springs, Department of
Community and Economic Development date stamp. Proposals must be
submitted to:
John S. Raymond
Director of Community & Economic Development
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
❑ Specific questions regarding this Request for Proposals should be directed to:
Curt Watts.
Redevelopment Administrator
(760) 323-8260
CurtW@ci.palm-springs.ca.us
❑ Each proposal must include:
"Development Proposal", shall include the following items:
♦ Technical proposal — describe your project, including plans and specifications,
renderings, project schedule, and costs;
♦ Resumes and related experience; include relevant experience date, name of
agency, and reference name/contact information;
♦ The maximum feasible price that can be paid for each lot and still meet the test of
affordability;
♦ A proposal on Agency financial assistance to the buyers to meet a standard
Return on Investment for the Developer and the maximum allowable mortgage
under the income guidelines.
VII. RESPONSIBILITY OF PROPOSER
All Developers shall be responsible. If it is found that a Developer is found irresponsible
(e.g. has not paid taxes, is not a legal entity, does not have a business license,
submitted a proposal without an authorized signature, falsified any information in the
proposal package, etc.), the proposal shall be rejected.
VIII. DEVELOPER SELECTION
❑ Each proposal will be reviewed by an evaluation group to determine if it meets the
proposal requirements. Failure to meet the requirements for the Request for
Proposals may be cause for rejection of the proposal.
❑ The evaluation group may ask for formal oral presentations by the selected
Developers. The City reserves the right to waive the requirement for formal
presentations, and to make final sections determined upon review of the work
proposals only.
❑ A final selection of the Developers will be determined following review of all work
proposals and/or formal oral presentations.
❑ The selected Developers will work closely with City staff throughout the duration of
the contract. A development firm will be selected for final negotiation of a contract
based upon the following factors:
♦ Project Understanding: Degree of understanding of infill housing development,
municipal government and development activities— (25%).
♦ Scope of Work: Quality of proposed project, including the floor plans,
architecture, landscaping, and amenity package — (25%).
♦ Firm Qualifications/Consultant References: Past experience in municipal
government-sponsored projects and other infill projects in distressed
neighborhoods (25%).
♦ Project Managers/Staff Qualifications: Qualifications of the staff assigned to
manage and provide plan-check services — (25%).
IX. INSURANCE REQUIREMENTS
The Disposition and Development Agreement between the Community Redevelopment
Agency of the City of Palm Springs and the Developer will contain provisions and
insurance requirements as follows:
5.1 Insurance, The Contractor shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive general liability
insurance written on a per occurrence basis. The policy of insurance shall be in an amount not
less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property
damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and
$1,000,000 products and completed operations and property damage limits of $500,000 per
occurrence. If the Contract Sum is greater than $100,000, the policy of insurance shall be in an
amount not less than $5,000,000 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such
amount as will fully comply with the laws of the State of California and which shall indemnify,
insure and provide legal defense for both the Contractor and the City against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a
per occurrence basis in an amount not less than either (i) bodily injury liability limits of $500,000
per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per
occurrence and $500,000 in the aggregate or (ii) combined single limit liability of $1,000,000.
Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d) Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions
Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per claim
and in the aggregate with respect to loss arising from the actions of the Contractor performing
professional services hereunder on behalf of the City.
All of the above policies of insurance shall be primary insurance and shall name the City, its
officers, employees and agents as additional insureds, except that the City shall not be named as
an additional insured for the Worker's Compensation Insurance nor the Professional Errors and
Omissions Insurance. The insurer shall waive all rights of subrogation and contribution it may
have against the City, its officers, employees and agents and their respective insurers. All of said
policies of insurance shall provide that said insurance may not be amended or canceled without
providing thirty (30) days prior written notice by registered mail to the City. In the event any of
said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit
new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work
or services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
All certificates shall name the City as additional insured (providing the appropriate endorsement),
be signed by an authorized agent of the insurer, and shall contain the following "cancellation"
notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration
date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate
holder named herein"
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor's activities or the activities of any person
or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of
this Agreement, the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Contractor is required to
maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the
work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or
arising from Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, whether or not there is concurrent passive or active
negligence on the part of the City, its officers, agents or employees but excluding such claims or
liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees,who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or
employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Contractor hereunder;
and Contractor agrees to save and hold the City, its officers, agents, and employees harmless
therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages or other claims arising out of
or in connection with the negligent performance of or failure to perform the work, operation or
activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its officers, agents or employees
in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
5.3 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall
be satisfactory only if issued by companies qualified to do business in California, rated "A" or
better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Register, and only if they are of a financial category Class VII or better, unless such requirements
are waived by the City Manager or designee of the City ("City Manager") due to unique
circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from the
City Manager or designee; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the City Manager to the City Council of City within ten
(10) days of receipt of notice from the City Manager.
R-2 Zoning Standards
92.03.01 Uses permitted.
A. Uses Permitted.
Building, structures and land shall be used and buildings and structures shall hereafter
be erected, altered or enlarged only for the following uses. All uses shall be subject to
the standards in Section 92.03.03.
1. Permanent single-family dwelling subject to the standards of the R-1-A zone (Section
92.01.00);
2. Multiple-family dwellings;
3. Hotels (provided that no more than ten (10) percent of the guest rooms contain
kitchen facilities);
4. Accessory buildings and uses customarily incidental to the permitted uses and located
on the same lot therewith;
5. Video/amusement machines as an accessory use subject to the provisions of Section
93.16.00;
6. Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs
Municipal Code.
B. Similar Uses Permitted by Commission Determination.
The commission may, by resolution of record, permit any other uses which it may
determine to be similar to those listed above and not more obnoxious or detrimental to
the public health, safety and welfare or to other uses permitted in the zone, as provided
in Section 94.01.00. All uses shall be subject to the standards in Section 92.03.03.
C. Uses Permitted by Conditional Use Permit.
The following uses may be permitted subject to approval of a conditional use permit, as
provided in Section 94.02.00.
1. Accessory apartments subject to the provisions of Section 93.18.00;
2. Assisted living facilities and convalescent homes, subject to the provisions of Section
94.02.00(H)(7);
3. Child care centers;
4. Churches;
5. Country clubs, golf courses, tennis and swimming clubs;
6. Hospitals;
7. Hotels in which more than ten (10) percent of the guest rooms contain kitchen
facilities;
8. Private education institutions;
9. Professional offices, provided:
a. The subject site must be located fronting on a major thoroughfare as indicated on the
city"s general plan,
b. The only allowable sign shall be an identification sign for the building complex, with
public convenience signs as necessary,
c. All development standards of Section 92,08.03 can be met;
10. Public parking areas, not as an accessory to uses permitted in this zone, pursuant to
Section 93.06.00, and as follows:
a. The property proposed for off-street parking use shall abut a commercial zone or on
an alley which is the boundary with such zone, and extends not more than one hundred
fifty (150) feet from the boundary;
11. Public parks and recreation areas at locations indicated on the general plan;
12. Public schools at locations indicated on the general plan;
13. Restaurant, in conjunction with hotel, provided the site shall have a minimum area of
one hundred twenty thousand (120,000) square feet; or provided, the hotel contains a
minimum of thirty (30) guest rooms;
14. Spas as an accessory use to a hotel subject to the following standards:
a. For hotels with under fifty (50) rooms, the facility is to serve hotel guests only.
Facilities located in hotels with more than fifty (50) rooms and located on a major
thoroughfare may be permitted to serve clients who are not hotel guests.
b. The hotel has a minimum of fifteen (15) guest rooms.
c. Staff shall be licensed and trained in the particular programs provided in accordance
with Chapter 5.34 of the Municipal Code.
d. Such facility shall comply with Chapter 5.34 of the Municipal Code.
15. Time-share projects subject to the provisions of Section 93.15.00; provided the
subject site must be located fronting on a major or secondary thoroughfare as indicated
on the city"s general plan;
16. Video/amusement arcades as a secondary use in conjunction with a resort hotel
subject to the provisions of Section 93.16.00.
(Ord. 1590 §§ 5, 2000: Ord. 1553 (part), 1998; Ord. 1551 (part), 1998; Ord. 1418 (part),
1992; Ord. 1347 (part), 1990; Ord. 1300 (part), 1988; Ord. 1294 (part), 1988)
92.03.03 Property development standards.
The following property development standards shall apply to all land and buildings in the
R-2 zone, except that any lot created in compliance with applicable laws and ordinances
in effect at the time of its creation may be used as a building site.
A. Lot Area.
Each lot shall have a minimum lot area of twenty thousand (20,000) square feet.
B. Lot Dimensions.
All lots hereafter created shall comply with the following minimum standards and lots
now held under separate ownership or of record shall not be reduced below these
standards.
1. Width.
a. Interior lots shall have a minimum width of one hundred thirty (130) feet.
b. Corner lots siding on a local/collector street shall have a minimum width of one
hundred forty (140)feet.
c. Reversed corner lots siding on a local/collector street shall have a minimum width of
one hundred forty-five (145)feet.
d. Corner or reversed corner lots siding on a state highway or major thoroughfare shall
have a minimum width of one hundred seventy (170) feet; corner or reversed corner lots
siding on a secondary thoroughfare shall have a minimum width of one hundred sixty
(160) feet. When siding on a service road, it shall be not less than one hundred and
thirty (130) feet.
e. Cul-de-sac or curve lots shall have an average width of one hundred thirty (130) feet.
2. Depth.
a. Lots facing on a local/collector street shall have a minimum depth of one hundred fifty
(150)feet.
b. Lots facing on a major thoroughfare shall have a minimum depth of one hundred
seventy-five (175) feet; facing on a secondary thoroughfare shall have a minimum depth
of one hundred sixty-five (165) feet. When facing on a service road, it shall be not less
than one hundred thirty (130) feet.
c. Lots backing on a state highway or major thoroughfare shall have a minimum depth of
one hundred ninety (190) feet; lots backing on a secondary thoroughfare shall have a
minimum depth of one hundred eighty (180) feet.
C. Density.
There shall be a minimum of three thousand (3,000) square feet of lot area for each
dwelling unit. In determining the number of units allowed, any footage over three
thousand (3,000) square feet shall qualify the property for an additional unit. (Maximum
allowable; provided all other ordinance requirements relating to such standards as
parking, open space, setbacks, etc., are met.)
D. Building Height.
Buildings and structures erected in this zone shall have a height not greater than twenty-
four (24) feet and shall not exceed more than two (2) stories. (See Yards (subsection E
of this section)when R-2 property abuts R-1 property).
E. Yards.
The provisions of the R-3 Zone, Section 92.04.03(E) shall apply, except as otherwise
provided. For properties which front on Tahquitz Canyon Way, see Special setbacks,
Section 93,01.02.
1. All buildings that exceed fifteen (15) feet in height shall be required to have a twenty-
five (25) foot setback from the property line of any existing adjacent single story
development.
2. When R-2 zoned property abuts R-1 zoned property, all structures within one hundred
fifty (150) feet of the R-1 zone boundary line shall have a height of not greater than
fifteen (15) feet and shall not exceed more than one (1) story. This setback line may vary
by fifty (50) feet if the average setback is one hundred fifty (150) feet and the planning
commission determines that no detrimental effects will result.
F. Distance Between Buildings.
The provisions of the R-3 zone, Section 92.04.03(F) shall apply.
G. Walls, Fences, Landscaping.
1. Where an R-2 development abuts an R-1 zone, a masonry wall six (6) feet in height
and screen landscaping shall be erected and maintained between such uses and the R-
1 zone.
H. Access.
The provisions of Section 93.05.00 shall apply.
I. Off-street Parking.
The provisions of Section 93.06.00 shall apply.
J. Off-street Loading and Trash Areas.
The provisions of Section 93.07.00 shall apply.
K. Signs.
The provisions of Section 93.20.00 shall apply.
L. Coverage.
For R-2 developments that include any structures that exceed eighteen (18) feet in
height and one (1) story, lot area coverage for buildings or structures shall not exceed
thirty (30) percent of the total lot area.
M. Antennas.
The provisions of Section 93.08.00 shall apply.
N. Public Art.
The provisions of Section 93.11.00 shall apply.
(Ord. 1553 (part), 1998; Ord. 1294 (part), 1988)
92.03.04 Performance standards.
The minimum of fifty (50) percent of a site shall be developed as usable landscaped
open space and outdoor living and recreation areas, with an adequate irrigation system.
(Ord. 1294 (part), 1988)
92.03.05 Property maintenance standards.
All properties shall be subject to property maintenance standards established in Section
93.19.00. (Ord. 1294 (part), 1988)
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