HomeMy WebLinkAbout7/3/2002 - STAFF REPORTS (2) DATE: JULY 3, 2002
TO: COMMUNITY REDEVELOPMENT AGENCY
FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
PUBLIC HEARING APPROVING AMENDMENT NO. 1 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH GARDEN SPRINGS APARTMENTS, A
CALIFORNIA LIMITED PARTNERSHIP TO FACILITATE THE APPLICATION FOR
LOW INCOME HOUSING TAX CREDITS AND THE DEVELOPMENT AND
CONSTRUCTION OF THE GARDEN SPRINGS APARTMENTS, LOCATED AT THE
SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL ROAD
RECOMMENDATION:
It is recommended that the Agency approve Amendment No. 1 to a Disposition
and Development Agreement with Garden Springs Apartments, A California
Limited Partnership, extending the Developer's opportunity to apply for two
additional Low Income Housing Tax Credit rounds for the construction of a low-
income apartment complex, referred to as the Garden Springs Apartments, at
the southeast corner of Indian Canyon Drive and San Rafael Road.
SUMMARY:
This amendment modifies the Disposition and Development Agreement
between the Community Redevelopment Agency and Garden Springs
Apartments to allow the developer to apply for two additional rounds of Low
Income Housing Tax Credits,
The Disposition and Development Agreement, approved June 13, 2001,
provided Agency assistance to the Garden Springs Apartments in the amount of
$1,000,000. The Agency purchased the 3.63 acre site from the developer and
will contribute it back to the project, when necessary, to assist with the Low
Income Housing Tax Credit application process. In addition, once construction
on the apartments has commenced, the Agency would pay the developer five
payments of $100,000 each, at each 20% completed. Finally, the Agency and
the City agree to reduce the utility undergrounding requirement to cap the
developer's undergrounding budget at $150,000. The Agency would cover the
difference between any necessary undergrounding and the $150,000. In return,
the Developer agreed to proceed with the LIHTC application and the
restructuring of the financing, and, once funded, to construct the project as
proposed and approved by the City Council in January, 2000. The developer
also dismissed litigation against the City of Palm Springs related to this project.
BACKGROUND:
Agency members are familiar with the Garden Springs Apartments project,
which was approved on January 19, 2000. The original DDA, which was
approved in order to settle a lawsuit by the Developer against the City,
committed the Agency to providing up to $1,000,000 in financial assistance,
plus relief from the utility undergrounding costs required by the City's ordinance.
G CC, 6
CBM is now trying to restructure the project financing in order to complete the
project. The Developer has applied twice for 9% credits (LIHTC) but has so far
been unsuccessful. The 9% program is the most favorable form of affordable
housing financing because it creates substantial equity in the project, thereby
reducing the debt load. The tax credit investors receive their return on
investment through a discount paid to the developer for the credits. Since the
tax credit equity does not seek a return, the lower debt means the project can
serve lower income households. Even receiving a LIHTC allocation will leave a
gap in the project, partly as a result of the lengthy carry period on the project.
The most recent LIHTC round, announced on May 29, 2002, showed that the
project was only one point short of qualifying (out of 150). Staff recommends
approving the amendment to allow the Developer to make two more
�aplications. f
I
J`OHN S. RAYMOND j
b,irecrf }}ommunity & Economic Development
r
APPROVED— e '
Executive Director
ATTACHMENTS:
1. Resolution
2. Dispostion and Development Agreement 11Wc « �2� OE
3. Public Hearing Notice
REVIEWED BY DEPT. OF FINANCE
C ca.- Gal.
Garden Springs Apartments Amendment No. 1
July 3, 2002
Page 2
FIRST AMENDMENT To DISPOSITION AND DEVFI QPMFNT ArRFFMFKIT
This First Amendment to Disposition and Development Agreement (the "First
Amendment") is entered into by and between the Community Redevelopment Agency of the
CITY OF PALM SPRINGS, a public body, corporate and politic ("the Agency") and GARDEN
SPRINGS APARTMENTS, a California Limited Partnership ("Developer"), and is intended by
the parties hereto to settle fully and finally certain differences between them arising out of
litigation between the Developer and the City of Palm Springs, and extend the term of the DDA
to allow the Developer two more additional applications for Low Income Housing Tax Credit
("LIHTC") funding.
RRFQITAI SS
WHEREAS, the Agency and Developer entered into that certain Disposition and
Development Agreement dated June 14, 2001, which was approved by the Agency Board
pursuant to Resolution No. 1129 and 1130 on June 13, 2001, (the "Original DDA"), to settle
litigation between the Developer and the City with respect to the development of certain real
property located in the City of Palm Springs and more particularly described in the Original
DDA for the purpose of providing affordable housing; and
WHEREAS, The Original DDA, settled litigation between the Developer and the City by
the Agency agreeing to purchase the project site and contribute it back to a future project;
make up to $500,000 in progress payments after the commencement of construction on the
Project; and, cap the Developer's liability for the cost of utility undergrounding at $150,000. In
return the Developer was allowed to make application twice for LIHTC funding; and
WHEREAS, as of the date of this First Amendment, the Developer has made
application twice for LIHTC funding with the assistance of the Agency staff; the Agency has
acquired fee title to the site for$500,000; the Agency has budgeted an additional $500,000 for
progress payment; and
WHEREAS, the Agency has interest in the ultimate success of the Developer in
funding and constructing the project;
WHEREAS, the Developer stipulates that the Agency has complied with all terms under
the DDA and now desires to release the City and Agency from any further claims or actions
related to the litigation or the Original DDA; and
WHEREAS, THE agency and Developer now desire to enter into this First Amendment
to the DDA for purposes of extending the term of the DDA to allow the Developer to make two
additional applications for Low Income Housing Tax Credits; and
WHEREAS, Developer hereby acknowledges that the above recitals are true and
correct, and admits and waives any right to challenge its obligations as set forth in this First
Amendment in the event any litigation arises regarding the subject matter of this First
Amendment.
Garden Spring Amendment No.1 to DDA -1-
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and based upon the foregoing recitals and the terms,
conditions, covenants, and agreements contained herein, the parties hereto agree as follows:
Section 1. Developer and Agency agree that the following shall be added in bolded type
as additional language in the Disposition and Development Agreement.
§401.....The Agency shall proceed with the acquisition of the Site from Developer
pursuant to Section 402 in anticipation of a successful Tax Credit application in the 2001
funding cycle. If Developer is not successful in obtaining Tax Credit financing after a second
application in the 2002 funding cycle, and in subsequent applications in July 2002 and early
2003, or if Developer has not secured adequate Housing Program Funds from other sources
reasonably acceptable to Agency, then this Agreement shall terminate and Agency shall retain
title to the Site and to all plans, drawings, and other documents prepared by Developer for the
Project.
Attachment No 3 schedule of Performance
7. On or before (September 1,] 2001; provided that if Developer is not successful in
obtaining an award from the Tax Credit Allocation Committee in the 2001 or 2002 funding
cycle, the Developer shall submit a third second application in the July 2002 funding cycle,
and in the first cycle of 2003, if necessary. All times listed in this Schedule of Performance
shall be extended to the extent necessary to provide for the second application.
Section 2. Agency's Execution. The Agency shall execute this First Amendment within
thirty (30) days of the execution by Developer.
Section 3. Dispute Release. In consideration for this First Amendment, the City, Agency
and Developer hereby release and forever discharge each other from any and all claims,
demands, causes of action, obligations, damages, attorneys' fees, costs and liabilities of any
nature whatsoever, relating to the Dispute.
Section 4. Discovery of Different or Additional Facts. The parties acknowledge that they
may hereafter discover facts different from or in addition to those they now know or believe to
be true with respect to the claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 3
of this First Amendment, and they expressly agree to assume the risk of the possible discovery
of additional or different facts, and agree that this First Amendment shall be and remain
effective in all respects regardless of such additional or different facts.
Section 5. Non-Admission of Liability. The parties acknowledge and agree that this First
Amendment is a settlement of potentially disputed claims. Neither the fact that the parties
have settled nor the terms of this First Amendment shall be construed in any manner as an
admission of any liability by any party hereto, or any of its employees, or any affiliated
person(s) or entity/ies.
Section 6. The DDA is Deemed Modified to the Extent Inconsistent With the Provisions
of This First Amendment. Except as provided herein, the DDA continues unmodified and in
full force and effect.
Garden Springs Amendment No.1 to DDA -2-
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the undersigned have executed this Third
Amendment, and have initialed each page hereof, on the dates set forth below.
Dated: 2002 GARDEN SPRINGS APARTMENTS, a California
limited partnership
By:
Its
By:
Its
Dated: 2002 AGENCY
By:
Chairman
ATTEST:
By:
Assistant Secretary
APPROVED AS TO FORM:
BURKE WILLIAMS & SORENSEN, LLP
By:
Agency Counsel
Garden Springs Amendment No.I to DDA -3-
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On 2001, before me, personally
appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On 2001, before me, personally
appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Garden Springs Amendment No Ito DDA -4-
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On 2001, before me, personally
appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Garden Spnogs Amendment No.I to DDA -5-
DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY,
a public body, corporate and politic
and
GARDEN SPRINGS APARTMENTS,
a California limited partnership
(Garden Springs)
IRV#11895 v3
J. (§210)Deed of Trust.
The term"Deed of Trust" shall refer to that deed of trust and assignment of rents attached
hereto as Attachment No. 8, securing Developer's obligations to complete and operate the
Project.
K. (&211)Effective Date.
The Effective Date of this Agreement shall occur after public hearing and approval
hereof by the Agency, and shall mean the date this Agreement is executed on behalf of Agency.
L. (M2)Enforced Delay.
The term "Enforced Delay" shall mean any delay described in Section 903 caused
without fault and beyond the reasonable control of a parry, which delay shall justify an extension
of time to perform as provided in Section 903.
M. (&213)Escrow.
The term"Escrow" shall mean the escrow established pursuant to this Agreement for the
conveyance of title to the Site from Agency to Developer.
N. (§214)Escrow Agent.
The term "Escrow Agent" shall mean Chicago Title Escrow Company, located at 475
East Tahquitz Canyon Way, Palm Springs, and empowered hereunder to act as the Escrow Agent
for this transaction. The Escrow Agent contact shall be Dawn Martin.
O. (§215)Low Income Household.
The term "Low Income Household" shall mean a household whose annual household
income does not exceed eighty percent (80%) of area median income for Riverside County,
adjusted for applicable household size, as computed in accordance with the Community
Redevelopment Law and the regulations promulgated pursuant thereto or incorporated therein,
including, without limitation, all regulations promulgated pursuant to Health and Safety Code
Section 50093, or any successor statute.
P. (§216)Manager's Unit.
The term "Manager's Unit" shall mean the one (1) unit of the Project that shall be
designated by Developer as a residence for a "Qualified Manager." The Manager's Unit shall
not be an income-restricted Unit.
Q. (&217)Project.
The term "Project" shall mean all of the improvements required to be constructed by
Developer on the Site pursuant to this Agreement, including, but not limited to, construction of
buildings, glass and concrete work, landscaping, construction of parking areas, and related
IRV#11895 v3 -3- G"en Springs DDA
b. Any mortgage, deed of trust, or other form of conveyance for
restructuring or refinancing of any amount of indebtedness described in subsection (a) above,
provided that the amount of indebtedness incurred in the restructuring or refinancing does not
exceed the outstanding balance on the debt incurred to finance the acquisition of and
improvements on the Site, including any additional costs for completion of construction, whether
direct or indirect, based upon the estimates of architects and/or contractors.
c. The granting of easements to any appropriate governmental agency or
utility or permits to facilitate the development of the Site.
d. A sale or transfer resulting from or in connection with a reorganization
as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or
otherwise, in which the ownership interests of a corporation are assigned directly or by operation
of law to a person or persons, firm or corporation which acquires the control of the voting capital
stock of such corporation or all or substantially all of the assets of such corporation.
e. A sale or transfer of 49% or more of ownership or control interest
between members of the same immediate family, or transfers to a trust, testamentary or
otherwise, in which the beneficiaries consist solely of immediate family members of the Trustor
or transfers to a corporation or partnership in which the immediate family members or
shareholders of the transferor have a controlling majority interest of 51% or more.
f. A sale or transfer to a Qualified Tax Credit Investor; provided that
such Qualified Tax Credit Investor shall be in a non-managing role.
4. Restrictions After Completion. It is hereby acknowledged by Developer and
Agency that the Site is being conveyed to the Developer by the Agency at below market value.
Therefore, subsequent to the issuance of the Certificate of Completion, Developer may not sell,
transfer, convey, hypothecate, assign or lease all or any portion of its interest in the Site without
complying with any transfer restrictions contained within the Deed or the Regulatory Agreement,
as applicable.
IV. Q400) ACQUISITION AND DISPOSITION OF THE SITE
A- ($401)Housing Program Funds
The parties acknowledge that Developer intends to finance the acquisition and
development costs for the Project with Tax Credit financing, coupled with the Agency Financial
Assistance described in Section 403. Developer shall diligently apply for and pursue such Tax
Credit Financing at the earliest feasible opportunity, taking into account all applicable rules and
requirements. Developer may also pursue funding from other government-sponsored subsidized
housing funds. All of the foregoing financing shall be referred to herein collectively as "Housing
Program Funds." Developer shall demonstrate to Agency's reasonable satisfaction by the dates
set forth in the Schedule of Performance that Developer has secured a bona fide award,
commitment or reservation of Housing Program Funds in an amount sufficient to provide for the
acquisition, development, and operation of the Project.
IRV#11895 A _8_ Garden Springs DDA
Developer shall make an initial application for Tax Credit financing in June 2001, for a
possible award of Tax Credit financing in August 2001. The parties acknowledge that Tax
Credit financing is a highly competitive process and that Developer's initial application may not
be approved. Therefore, if the Developer is not successful in obtaining Tax Credit financing in
the 2001 funding cycle, the parties agree that Developer shall make a second application for Tax
Credit financing in the 2002 funding cycle. In that event, this Agreement shall remain in effect
and the parties agree to cooperate as necessary to increase the likelihood of a successful
application in 2002 including amending this Agreement if necessary. The dates in the Schedule
of Performance shall be extended as necessary to allow for the second application. Agency
agrees to assist Developer with its applications for Housing Program Funds in any manner
reasonably necessary; provided that such assistance shall not require the Agency to contribute
any financial assistance to the Developer or the Project other than the Agency Financial
Assistance described in Section 403, and further provided that such assistance shall not require
the Agency to devote an unreasonable amount of staff time or resources.
The Agency shall proceed with the acquisition of the Site from Developer pursuant to
Section 402 in anticipation of a successful Tax Credit application in the 2001 funding cycle. If
Developer is not successful in obtaining Tax Credit financing after a second application in the
2002 funding cycle, or if Developer has not secured adequate Housing Program Funds from
other sources reasonably acceptable to Agency, then this Agreement shall terminate and Agency
shall retain title to the Site and to all plans, drawings, and other documents prepared by
Developer for the Project.
B. (§402) Acquisition of the Site.
1. Negotiated Purchase. By the time set forth in the Schedule of Performance,
Agency and Developer shall execute the Agency Purchase Agreement attached hereto as
Attachment No. 5 and shall open escrow for Agency's purchase of the Site from Developer.
Agency shall thereafter perform its due diligence with respect to purchasing the Site, including
any necessary environmental investigation work, in accordance with the Agency Purchase
Agreement. If and when all conditions to closing are satisfied or waived, Agency and Developer
shall close escrow and title to the Site shall be conveyed to Agency; provided, however that
nothing in this Agreement shall obligate Agency to acquire the Site if the conditions to closing
described in the Agency Purchase Agreement are not satisfied or waived, or to agree to any other
non-standard terms or conditions except as may be acceptable to Agency in its sole and absolute
discretion.
C. (&403)Disposition of the Site.
If Agency acquires the Site as set forth in Section 402, Agency shall convey the Site to
Developer and Developer shall acquire the Site from Agency, upon the terms and conditions
hereinafter set forth.
1. Purpose of Sale. Upon attaining required financing as described herein,
Developer agrees to develop the Site with sixty (60) rental units, twenty-nine (29) of which shall
be restricted for rental to persons of very low and low income, and a childcare center, all as
described in the Scope of Development.
IRV#11895 v3 -9- Garden Springs DDA
from failure to timely close escrow or take any other action unless such controversy has been
caused by the failure of the Escrow Agent to perform its responsibilities hereunder.
V. (§500)DEVELOPMENT OF THE SITE.
A. (W1) Scope of Development.
The Site shall be developed by Developer as provided in the Scope of Development, the
Planned Development District approved by City, the Regulatory Agreement, and the plans and
permits approved by Agency and City pursuant to Section 502.
B. (§502)Development Plans: Final Building Plans.
1, Proposed Development's Consistency With Plan and Codes. Agency warrants
and represents that the City's General Plan, Zoning Ordinance, and Redevelopment Plan permits
Developer's proposed development, and construction, operation, and use of the Site as provided
in this Agreement, including without limitation the Scope of Development, subject only to
approval of the Project pursuant to Health and Safety Code Sections 33433; provided that it is
expressly understood by the parties hereto that Agency makes no representations or warranties
with respect to approvals required by any other governmental entity or with respect to approvals
hereinafter required from City and Agency, Agency and City reserving full police power
authority over the Project. Nothing in this Agreement shall be deemed to be a prejudgment or
commitment with respect to such items nor a guarantee that such approvals or permits will be
issued within any particular time or with or without any particular conditions.
2. Development Plan. Concurrently with or prior to the approval of this
Agreement, the Agency has approved the Developer's Basic Concept Drawings, and the City has
approved the Planned Development District for the Project. On or before the date set forth in the
Schedule of Performance, Developer shall submit to the City all other necessary preliminary, and
thereafter final drawings and specifications for development of the Site in accordance with the
Scope of Development, and all in accordance with the City's requirements. The term
preliminary and final drawings shall be deemed to include site plans, building plans and
elevations, grading plans, if applicable, landscaping plans, parking plans, signage, a description
of structural, mechanical, and electrical systems, and all other plans, drawings and specifications.
Final drawings will be in sufficient detail to obtain a building permit. Said plans, drawings and
specifications shall be consistent with the Scope of Development and the various development
approvals referenced hereinabove, except as such items may be amended by City (if applicable)
and by mutual consent of Agency and Developer. Plans (concept, preliminary and construction)
shall be progressively more detailed and will be approved if a logical evolution of plans,
drawings or specifications previously approved. Plans in sufficient detail to obtain all
discretionary land use approvals, including for site plan approval, conditional use permit, and
other actions requiring Planning Commission approval, shall be submitted and processed
concurrently for the Site.
3. Developer Best Efforts to Obtain Approvals. Developer shall exercise its best
efforts to timely submit all documents and information necessary to,obtain all development and
building approvals from the City in a timely manner. Not by way of limitation of the foregoing,
IRV#11895 V3 _21_ Garden Springs DDA
personal service upon the Executive Director or Secretary of Agency, or in such other manner as
may be provided by law.
In the event that any legal action is commenced by Agency against Developer, service of
process on Developer shall be made in such manner as may be provided by law and shall be
valid whether made within or without the State of California.
C. (003)Rights and Remedies are Cumulative.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either party of one or more of its rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
D. (&804)SSpecific Performance.
In addition to any other remedies permitted by this Agreement, if either party defaults
hereunder by failing to perform any of its obligations herein, each party agrees that the other
shall be entitled to the judicial remedy of specific performance, and each party agrees (subject to
its reserved right to contest whether in fact a default does exist) not to challenge or contest the
appropriateness of such remedy. In this regard, Developer specifically acknowledges that
Agency is entering into this Agreement for the purpose of assisting in the redevelopment of the
Site and not for the purpose of enabling Developer to speculate with land.
E. (&805)Right of Reverter.
The Agency shall have the right, at its option, to reenter and take possession of the Site or
any portion thereof with all improvements thereon and to terminate and revest in the Agency the
estate conveyed to the Developer, if after conveyance of the estate and prior to the recordation of
the Certificate of Completion, the Developer(or its successors in interest) shall:
1. Fail to commence construction of the improvements as required by this
Agreement, if such failure is in violation of the Schedule of Performance, for a period of 90 days
after written notice to proceed from the Agency, provided that the Developer shall not have
obtained an extension or postponement to which the Developer may be entitled pursuant to this
Agreement; or
2. Abandon or substantially suspend construction of the improvements for a
period of 90 days after written notice of such abandonment or suspension from the Agency,
provided that the Developer shall not have obtained an extension of time to which the Developer
may be entitled pursuant to this Agreement; or
3. Assign or attempt to assign this Agreement, or any rights herein, or transfer,
or suffer any involuntary transfer of, the Site, or any part thereof, in violation of this Agreement,
and such violation shall not be cured within one hundred twenty (120) days after the date of
receipt of written notice thereof by the Agency to the Developer.
1RV#11895 A _35_ Gardm Springs DDA
Developer: Garden Springs Apartments
Attn:
Copy to: Selzer, Ealy, Hemphill& Blasdel, LLP
777 E. Tahquitz Canyon Way, Suite 328
Palm Springs, CA 92262
Attn: Emily Perri Hemphill, Esq.
B. (&902)Nonliability of City and Agency Officials and Employees,• Conflicts of
Interest: Commissions.
1. Personal Liability. No member, official, employee, agent or contractor of
City or Agency shall be personally liable to Developer in the event of any default or breach by
Agency or for any amount which may become due to Developer or on any obligations under the
terms of the Agreement; provided, it is understood that nothing in this Section 902 is intended to
limit Agency's liability.
2. Financial Interest. No member, official, employee or agent of City or Agency
shall have any financial interest, direct or indirect, in this Agreement, nor participate in any
decision relating to this Agreement which is prohibited by law.
3. Commissions. Neither the Agency nor the Developer has retained any broker
or finder or has paid or' given, and will not pay or give, any third person any money or other
consideration for obtaining this Agreement. Neither party shall be liable for any real estate
commissions, brokerage fees or finders fees which may arise from this Agreement, and each
party agrees to hold the other harmless from any claim by any broker, agent, or finder retained
by such party.
C. (003)Enforced Delay: Extension of Times of Performance.
Time is of the essence in the performance of this Agreement.
Notwithstanding the foregoing, in addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be in default where delays or
defaults are due to war; insurrection; strikes; lock-outs; riots, floods; earthquakes; fires;
casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions;
freight embargoes; lack of transportation; subsurface conditions on the Site and unknown soils
conditions; governmental restrictions or priority litigation; unusually severe weather; inability to
secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier;
acts of the other party; acts or the failure to act of a public or governmental agency or entity
(except that acts or the failure to act of Agency or City shall not excuse performance by Agency
unless the act or failure is caused by the acts or omissions of Developer); or any other causes
IRV#11895 v3 _38- Garden Springs DDA
beyond the reasonable control or without the fault of the party claiming an extension of time to
perform. In the event of such a delay (herein "Enforced Delay"), the party delayed shall
continue to exercise reasonable diligence to minimize the period of the delay. An extension of
time for any such cause shall be limited to the period of the enforced delay, and shall commence
to run from the time of the commencement of the cause, provided notice by the party claiming
such extension is sent to the other party within ten(10) days of the commencement of the cause.
The following shall not be considered as events or causes beyond the control of
Developer, and shall not entitle Developer to an extension of time to perform: (i) Developer's
failure to obtain financing for the Project (except as provided in Section 401)�,--and (11)
Developer's failure to negotiate agreements with prospective users for the Project or the alleged
absence of favorable market conditions for such uses.
Times of performance under this Agreement may also be extended by mutual written
agreement by Agency and Developer. The Executive Director of Agency shall have the
authority on behalf of Agency to approve extensions of time not to exceed a cumulative total of
one hundred eighty(180) days with respect to the development of the Site.
D. (&904)_Books and Records.
1. Developer to Keep Records. Developer shall prepare and maintain all books,
records and reports necessary to substantiate Developer's compliance with the terms of this
Agreement or reasonably required by the Agency.
2. Right to Inspect. Either party shall have the right, upon not less than seventy-
two (72) hours notice, at all reasonable times, to inspect the books and records of the other party
i
pertaining to the Site as pertinent to the purposes of this Agreement.
3. Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Developer, its employees, agents and subcontractors,
in the performance of this Agreement, shall be delivered to Agency in the event of a termination
of this Agreement, and Developer shall have no claim for additional compensation as a result of
the exercise by Agency of its rights hereunder. The Agency shall have an unrestricted right to
use such documents and materials as the owner of the same. Developer makes no warranty or
representation regarding the accuracy or sufficiency of such documents for any future use by
Agency, and Developer shall have no liability therefor.
E. (005) Assurances to Act in Good Faith.
Agency and Developer agree to execute all documents and instruments and to take all
action, including deposit of funds in addition to such funds as may be specifically provided for
herein, and as may be required in order to consummate conveyance and development of the Site
as herein contemplated, and shall use their best efforts, to accomplish the closing and subsequent
development of the Site in accordance with the provisions hereof. Agency and Developer shall
each diligently and in good faith pursue the satisfaction of any conditions or contingencies
subject to their approval.
F. (&906) Interpretation.
IRV#11895 v3 -39- Gardm Springs DDA
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply. The Section
headings are for purposes of convenience only, and shall not be construed to limit or extend the
meaning of this Agreement. This Agreement includes all attachments attached hereto, which are
by this reference incorporated in this Agreement in their entirety. This Agreement also includes
the Redevelopment Plan and any other documents incorporated herein by reference, as though
fully set forth herein.
G. (&907)Entire Agreement. Waivers and Amendments.
This Agreement integrates all of the terms and conditions mentioned herein, or incidental
hereto, and this Agreement supersedes all negotiations and previous agreements between the
parties with respect to all or any part of the subject matter hereof. All waivers of the provisions
of this Agreement, unless specified otherwise herein, must be in writing and signed by the
appropriate authorities of Agency or Developer, as applicable, and all amendments hereto must
be in writing and signed by the appropriate authorities of Agency and Developer.
H. (§908) Severability.
In the event any term, covenant, condition, provision or agreement contained herein is
held to be invalid, void or otherwise unenforceable, by any court of competent jurisdiction, such
holding shall in no way affect the validity or enforceability of any term, covenant, condition,
provision or agreement contained herein.
I. (§909)Effect of Redevelopment Plan Amendment.
Pursuant to the provisions of the Redevelopment Plan for modification or amendment
thereof, Agency agrees that no further amendment to the Redevelopment Plan which changes the
uses or development permitted on the Site, or changes the restrictions or controls that apply to
the Site, or otherwise affects the Site, shall be made or become effective as to the Site without
the prior written consent of Developer. Further amendments to the Redevelopment Plan
applying to other property in the Project Area shall not require the consent of Developer.
1 (010) Time for Acceptance of Agreement by Agency.
This Agreement, when executed by Developer and delivered to Agency, must be
authorized, executed and delivered by Agency, not later than the time set forth in the Schedule of
Performance or this instrument shall be void, except to the extent that Developer shall consent in
writing to further extensions of time for the authorization, execution, and delivery of this
Agreement. After execution by Developer, this Agreement shall be considered an irrevocable
offer until such time as such offer shall become void due to the failure of the Agency to
authorize, execute and deliver the Agreement in accordance with this Section.
K. (011)Execution.
1. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, and such counterparts shall constitute one and the same instrument.
IRv#11895 A -40- Gudm Springs DDA
ATTACHMENT NO. 3
GARDEN SPRINGS DDA
SCHEDULE OF PERFORMANCE
Item To Be Performed Time for Performance Agreement
Reference
1. Developer executes and On or before June 13, 2001
delivers DDA to Agency
2. Agency holds public hearing on June 13, 2001
DDA
3. Agency approves or June 14, 2001 810
disapproves DDA and, if
approves, executes DDA
4. Developer and Agency shall On or before June 30, 2001
execute the Agency Purchase
Agreement and open escrow for
conveyance of the Site from
Developer to Agency
5. Developer shall apply for Tax On or before June 15, 2001; 401
Credit financing. provided that if Developer is
not successful in obtaining an
award from the Tax Credit
Allocation Committee in the
2001 funding cycle, the
Developer shall submit a
second application in the 2002
funding cycle. All times listed
in this Schedule of
Performance shall be extended
to the extent necessary to
provide for the second
application.j
6. Close of escrow for conveyance On or before [September 15j 402
of Site from Developer to 2001; provided that both
Agency parties' conditions to closing
have been satisfied or waived
pursuant to the Agency
OC#11895 v3 ATTACHMENT NO.3
TO GARDEN SPRINGS DDA
PAGE 1 OF 5
Item To Be Performed Time for Performance Agreement
Reference
Purchase Agreement
7. Developer shall demonstrate to On or before [September 1,] 401; 408
the reasonable satisfaction of 2001; provided that if
Agency evidence of awards, Developer is not successful in
commitments or reservations of obtaining an award from the
Housing Program Funds Tax Credit Allocation
Committee in the 2001
funding cycle, the Developer
shall submit a second
application in the 2002
funding cycle. All times listed
in this Schedule of
Performance shall be extended
to the extent necessary to
provide for the second
application
8. Open Escrow for the Within two (2) weeks after 404
conveyance of the Site from close of escrow for the
Agency to Developer conveyance of the Site from
Developer to Agency;
provided that Developer has
secured Housing Program
Funds (Event No. 7)
9. Developer provides Agency Within 90 days after award of 405.2; 408
with evidence of financial Tax Credit allocations, but
capability prior to issuance of building
permits
10. Agency approves evidence of Within 30 days after receipt by 405.2(a)
financial capability Agency
11. Developer secures financial Within 90 days after award of 405.1(d);
commitment Tax Credit allocations, but 408
prior to issuance of building
permits
12. Agency approves or Within 30 days after receipt by 405.1(d)
disapproves financial Agency 408
commitment and lender
13. Agency delivers to Developer Within 30 days after Agency 407.4
Preliminary Title Report acquires Site from Developer
OC#11895 v3 ATTACHMENT NO.3
TO GARDEN SPRINGS DDA
PAGE 2 OF 5
290 E Simms RD
3100 N Sunny View DR
3125 N Sunny View DR ='^�
3133 N Sunny View DR
300 E Molino RD
330 E Molino RD
Palm Springs, GA 92262
July 3, 2002
Dear Palm Springs City Council:
After reviewing the Disposition and Development Agreement ("DDA") by and between the Palm Springs
Community Redevelopment Agency("Agency") and Garden Springs Apartments ("Developer")dated
June 14, 2001, we have found that Amendment No. 1 to this DDA before you in tonight's council meeting
is in violation of the DDA, thus Amendment No. 1 should not be granted.
Amendment No. 1 is in violation of the DDA for the following reasons:
• The Agency's Executive Director may only grant time of performance extensions for"Enforced
Delays", and may not grant extensions for failure to securing project financing (See DDA Section
IX.C, §903)
• Only"Enforced Delays" are open to extensions (See DDA Section ILL, §212)
• Failure to obtain tax credit financing does not qualify as an "Enforced Delay", and does not entitle
the Developer to extensions of time to perform (See DDA Section IX.C, §903)
• The Developer has failed to secure project financing according to the Schedule of Performance
(See DDA Section IV A, §401 and Attachment No. 3, Schedule of Performance, Items No. 5 and
7)
• Since the Schedule of Performance was not met and the Agreement does not qualify for a time of
performance extension, the DDA is void (See DDA Section IX.J, §910 and Section WILE, §805)
In addition, Garden Springs Apartments is in violation of the City's General Plan and Zoning Ordinances.
Significant variances granted this project have not been disclosed, which is in violation of Section V.B of
the DDA, that states the Agency warrants and represents that the Developer is not in violation of the
General Plan and Zoning Ordinances. We urge the City Council to seek advice as to the legality of this
project's approval and to its non-disclosed variances.
We urge you to not approve Amendment No. 1, as it violates its Disposition and Development Agreement,
and furthermore, the project is based upon incomplete, non-disclosed data.
Sincerely,
Allen Canarutto,290 E Simms RD
Edward Barlow, 300 E Molino RD
David Blomster, 330 E Molino RD
Andrew Hewitt,3133 N Sunny View DR
Jim Isermann, 330 E Molino RD
Douglas Keeve,3165 N Sunny View DR
Kevin Lane,3125 N Sunny View DR
Hugh McKenna, 290 E Simms RD
Jim Moore,3100 N Sunny View DR
Shev Rush,3125 N Sunny View DR
Tony Wright, 3133 N Sunny View DR
Patrick Convey, 300 E Molino RD
Attachments ��
Current View: Palm Springs Affordable Housinq
Concentration around Garden Springs Apartments
Distance
from
Garden % of Total
Property Address # Units Springs Units
Sunnyview Villas 2950 N Indian Ave 44 0.09
Palm Springs View Apmts 500 W San Rafael DR 120 0.59
Palos Verdes Villas 392 E Stevens RD 98 1.27
Coyote Run Apartments 3601 N Sunrise -1410 1.32
Vista Del Monte 1207 E Vista Chino 52 1.4
Vista Serena 1201 E Vista Chino 60 1.46
Racquet Club 2383-E Racquet Club 9 1.78
Pacific Palms Apmts 423 S Calle El Segundo 140 2.88
Ranchero del Sol 303 S Calle El Segundo 86 2.88
..........
Tahquitz Court Apartments 2890 Tahquitz Canyon Way 108 4.11
Calle de Carlos 11 3721 E Calle de Carlos 4 5.49
Calle do Carlos 3989 E Calle de Carlos 4 6.14
Seminole Garden Apmts 2609 Linden DR 60 6.43
Future View: Palm Springs Affordable Housincl
Concentration around Garden Springs Apartments, with Sunrise Hacienda Apartments
Distance
from
Garden % of Total
Property Address #Units Springs Units
Sunrise Hacienda Apmts Sunrise at San Raphael 66 1.24
Sunnyview Villas 2950 N Indian Ave 44 0.09
Palm Springs View Apmts 500 W San Rafael DR 120 0.59
Palos Verdes Villas 392 E Stevens RD 98 1.27
Coyote Run Apartments 3601 N Sunrise 140 1.32
Vista Del Monte 1207 E Vista Chino 52 1.4
Vista Serena 1201 E Vista Chino 60 1.46
N"
. .. ............E.�.
Racquet Club 2383 E Racquet Club 9 1.78
Pacific Palms Apmts 423 S Calle El Segundo 140 2.88
Ranchero del Sol 303 S Calle El Segundo 86 2.88
..........
Tahquitz Court Apartments 2890 Tahquitz Canyon Way 108 4.11
Calle de Carlos 11 3721 E Calle de Carlos 4 5.49
Calle de Carlos 3989 E Calle de Carlos 4 6.14
Seminole Garden Apmts 2609 Linden OR 60 6.43
DATE: MARCH 20, 2002
TO: CITY COUNCIL
FROM: DIRECTOR OF COMMUNITY& ECONOMIC DEVELOPMENT
CREATION OF THE SUNRISE GATEWAY REVITALIZATION PLANNING AREA FOR THE
PURPOSE OF FOSTERING DEVELOPMENT OPPORTUNITIES IN THE CITY'S NORTH END
RECOMMENDATION:
It is recommended that the City Council adopt the Sunrise Gateway Revitalization Planning Area
for the purpose of creating a unified set of objectives and approaches to development in the north
end of Palm Springs.
SUMMARY:
The City and Community Redevelopment Agency have worked for decades to address the
challenges in fostering development in the north end. Problems such as inadequate
infrastructure and relatively low population densities have plagued commercial and residential
developers alike, resulting in unfinished residential projects and half-leased commercial
properties.
Building on the momentum generated by the Uptown area in looking at street scape and traffic
patterns, staff is proposing the creation of a study area that would encompass a broad section of
the north end of the City, from Palm Springs Country Club to Tramway Road. The area has all or
portions of two Redevelopment Project Areas, and a large section of undeveloped land, which
presents great opportunities. While the City is focused on the downtown as the economic engine
of the community, the quality of the development in this area will have a major impact on the
perceived quality of Palm Springs as a whole.
BACKGROUND:
This Revitalization Planning Area implements the current General Plan and Zoning Code, and no
new taxing, financing or regulatory powers are created. It is meant to constitute an approach to
development in the north end, consistent with our current goals and objectives. The Area is of
benefit to the entire City, as it looks at blighting conditions as well as development challenges.
The goal of the area is to increase t e pace of commercial development in the area, and to
facilit the resi ntial developme there as well.
hn S. aymo
Di of C—o•-m-- ity & Economic Development
ApprovedTy: � --//
City Manager
Attachments:
1. Resolution
2. Revitalization Plan
l'1r�
CITY OF PALM SPRINGS "
SUNRISE GATEWAY REVITALIZATION PLANNING AREA F
PROGRAM DESCRIPTION AND SUMMARY
Purpose
"Revitalization"is a term most-often used when referring to redevelopment that
improves a previously developed and perhaps declining neighborhood. However,
toward the purpose of encouraging development that is consistent with the objectives
of the General Plan, staff believes the designation of a"Neighborhood Revitalization
Area"for the unimproved or under-improved"Sunrise Gateway Revitalization Area"is in
the public interest. This designation could renew developer interest in the area and
thus stimulate growth that is contiguous to existing urban development. Additionally,
staff is aware of at least one funding program that provides additional rating points for
applications that are within such designated neighborhood revitalization areas.
This Revitalization Area plan is a planning study that would work with the existing
General Plan and Zoning designations, as well as the portions of the Redevelopment
Project Areas that fall within its boundaries, attempting to identify the development
opportunities that exist in the area to increase the level and pace of development in the
area. No changes to the General Plan, Zoning designdtions, or Redevelopment Project
Areas or plans are proposed as part of the creation of the Revitalization Area.i
There is also a need for a coordinated and comprehensive plan that details potential
cost-sharing options for infrastructure development, including streets, drainage
improvements, water lines, utility undergrounding, fire hydrants, and sewer
improvements.
Problem Description: Residential Development
The designated area suffers from a number of impediments to development: (1)
Though all of the area is contiguous to the existing developed portions of the City, the
area has not had the same economic vitality that exists in the central or southern
portions of the City, so there is a generalized deficiency in the infrastructure serving
significant portions of the area, as infrastructure in Palm Springs has typically been built
by private developers as development has occurred; (2) Portions of the infrastructure,
including streets, sewer lines, and sidewalks, are deficient or deteriorating and need to
be replaced; and (3) Even if the economy in the neighborhood improved, there remain
significant infrastructure-related cost barriers to development.
Specifically, the economic disadvantage is attributable partly to the proximity of the
Whitewater River and the effects of high wind on the neighborhood for several months
of the year, which has stifled the development of higher-end properties in the area until
recently, as the City has begun to build out other residential land. While there are a
few older properties in the area linked with the early history of Palm Springs, such as
the Racquet Club, as the City grew, the more expensive properties were built near the
central business district or on the south end of the city, in Las Palmas and the Movie
Colony as well as the Canyon, Deepwell, Mesa, and Los Compadres neighborhoods.
Development on the north end is largely constituted of single family tract homes and
condominiums, though generally not custom homes or estates, as can be found in
many other areas of the City.
/q��
Problem Description; Commercial Development
In part because the area is zoned mostly residential, relatively little commercial
development is found in the proposed area. The small amount of commercial
development there has suffered either from low population density—in the case of
neighborhood commercial (i.e. grocery), or from being at the very far end of the
Coachella Valley away from the population centers, in the case of destination retail (e.g
factory outlet stores). A small, single-lot-depth commercial corridor exists on Indian
Canyon Drive between San Rafael and Las Vegas Roads, zoned C-M, though an
equal-sized strip of G1 land between Las Vegas and Tramview Roads is vacant with
the exception of a few derelict properties. A 20-acre C-M parcel at the northeast comer
of Indian Canyon Drive and San Rafael Road remains vacant, partly because of the
expense of undergrounding the overhead utility lines that traverse the property, as well
as constructing the street improvements necessary to subdivide the property.
The key commercial corridor in the Sunrise Gateway Revitalization Area is the area
along Palm Canyon Drive, from Tramway Road to Racquet Club Road. One of the
signature commercial properties in Palm Springs, the Albert Frey-designed Tramway
gas station, is located at the northern end of that strip but has, over its recent history,
never been a successful location for a gas station or any other commercial use.
Nevertheless, its striking architecture has made it a symbol of the local
histuric/architectural preservation movement and is well-known world wide.
With the exception of Tuscany Plaza, a half-leased commercial center(its anchor
tenant, the national discount clothing chain Loehmann's, recently filed Chapter 11 and
closed the store) at Racquet Club and North Palm Canyon Drive, the corridor is
generally characterized by vacant lots and low-density commercial uses and generally
presents an unattractive entrance to the City. The history of Tuscany Plaza is
emblematic of the commercial struggles in the area: once anchored by Loehmann's, it
was home to several upscale factory outlet stores, including Mikasa and Dansk. The
center was squeezed, however, by the tremendous growth in two retail nodes:
Cabazon and Palm Desert. It actually lost most of its factory outlet tenants before the
closure of Loehmann's. Outlet retailers have moved to Cabazon (the 1-10 freeway) to
reach the Los Angeles drive-in market, or to Palm Desert/Rancho Mirage to reach the
maximum Coachella Valley regional retail market.
Development Opportunities
Notwithstanding the slow development history of the area, there is vacant industrial
land as well as a few significant commercial parcels located along the Palm Canyon
Drive corridor in addition to the abundant residential land. Well-designed projects that
would take advantage of the high traffic counts, as well as proximity to the Palm
Springs Aerial Tramway, could potentially succeed as a "welcome plaza." Adding to
that a cultural element that would educate the visitors about the City's rich historical
(e.g. Native American and Hollywood-oriented) heritage and world-class architectural
treasures could potentially make such such a center a true destination point for visitors
from throughout the Coachella Valley.
STUDY AREA BOUNDARIES
The Sunrise Gateway Revitalization Area is described as those properties within the
following area:
Beginning at the intersection of Sunrise Way and Racquet Club Road, the
Revitalization Area is that land on the west side of Sunrise until the intersection of
Sunrise Way and San Rafael Road, where the boundary continues east along the
southern border of Section 36 of Township 3 South Range 4 East until it meets the
boundary of Redevelopment Project Area 9-C, bending to the southeast until it reaches
the eastern border of Section 1 of Township 4 South Range 4 East, turning north along
the east boundary(which it shares with the project area), then turning west at the
intersection of Section 1 and Section 36 and continuing to follow the Project Area
boundary until it reaches the Chino Canyon Levee and the line separating the "W"
(Watercourse)zone from the R-1-C zone, following that zoning line through the
remainder of Section 36 and all the way through Sections 35 and 34 until it reaches the
west boundary of Section 34, where the line turns south along the west boundary of
Section 34 until it reaches Tramway Road In Section 3 of Township 4 South Range 4
East, then turning northeast along Tramway Road until it reaches the boundary of
Redevelopment Project Area 9-A, following the boundary east and then southeast until
it reaches Racquet Club Road, whereby it continues along Racquet Club Road to the
point of origin.
A map of the Area is attached as Exhibit"A."
PUBLIC FACILITIES IN THE AREA
Public facilities within or in the vicinity of the Sunrise Gateway Area include the James
O. Jessie Desert Highland Unity Center(including a Headstart Daycare Center), Desert
Highland Park, Victoria Park, the Palm Springs Visitors Center, Fire Station No. 4 and
Vista Del Monte School. The General Plan would require that the developers of the
largest potential project, approximately 300 acres north of San Rafael Road and east of
Indian Canyon Drive, be responsible for the development of an additional elementary
school and community park. There is also a Neighborhood Park designation on
approximately one acre north of the Coyote Run project, though the park has not been
constructed.
GENERAL PLAN &ZONING DESIGNATIONS
General Plan
The intent of the Sunrise Gateway Revitalization Planning Area is to help the area
achieve the goals and objectives of the City's General Plan as it relates to that specific
area,within the current zoning code and other development restrictions. The Goals
and Objectives in the Land Use portion of the City of Palm Springs' General Plan, as
well as the implementing policies, are as follows:
Goals
Page 3 L,
117A7
3.A. A physical environment which provides for the housing, employment,
business, service, recreational, social, cultural, educational and
entertainment needs of the City's residents and visitors,while
maintaining and enhancing the high quality of life as a world-class resort.
3.B. A physical environment through the City's land uses which preserves
existing unique physical, economic and social assets and provides for
new development opportunities which complement and are compatible
with and enhance these assets.
3.C. A physical environment through the City's land uses which maintains and
enhances the City's role as a business, economic and cultural center in
the Coachella Valley and a major tourist destination.
3.D. A physical environment through the City's land uses which establishes
Palm Springs as a unique and special place in the southern California
region with a downtown area which is characterized by its"village"
environment wherein social and pedestrian interactions are promoted to
enhance tourism and the small-town experience enjoyed by its residents.
Obiective
3.1 New land use development which is reflective of and complements the
overall pattern and character of existing uses, offers opportunities for the
intensification of key"targeted" sites and mitigates any adverse impacts.
Policies
3.1.1. Ensure that all development in each zone adheres to or exceeds all
requirements and standards specified for that zone. 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.
3.1.2. Encourage the exchange of public and private lands in order to
consolidate holdings and to eliminate dysfunctional parcels in order to
permit the orderly development and conservation of areas appropriate
for each function of the land.
3.1.3 Limit development, in terms of total numbers of dwelling units and
ancillary uses, to the capacity of the infrastructure needed to support the
City's residents and visitors safely at maximum occupancy.
3.1.4 Allow modification of permitted uses and/or development standards for
(a) development projects which expand existing facilities or introduce
new uses which are considered to be of significant importance
(municipal revenue, tourism, historical use, socially valued use, etc.),
(b) contribute significant benefits to the City, and/or
(c) whose architectural design is of unusual merit and will enhance the
City, provided that:
Page 4
/17 A ;--
a. Impacts of the modifications can be mitigated,
b. the use of additional height will reduce the impacts of bulk along
the sidewalk, street and adjacent properties, increase the ground
level open space, result in a structure of variable heights and/or
create additional view corridors, provided that the additional
height does not adversely impact adjacent uses, and
C. the modifications shall be reviewed with public hearings by the
community and approved by the Planning Commission and City
Council in conjunction with a Conditional Use Permit, Planned
Development District or Specific Plan application.
3.1.5 Require that new development mitigates impacts on the City's housing,
schools, public open space, child care facilities and other public needs.
3.1.6. Ensure adequate public review and input for all development projects
which potentially impact the community.
3.1.7 Ensure that development in each land use neighborhood and district
respects the integrity of that district.
3.1.8. Ensure that development does not overwhelm natural features,
especially the washes and the views of the mountains.
3.1.9. Development regulations and standards shall apply to all lands, whether
located on public or private streets.
3.1.10 No land shall be modified for buildings prior to the approval by the City of
a grading plan for the proposed structure bases on an approved
site/master plan.
Obiective
3.2 In-fill growth in those areas which have already undergone substantial
development prior to encouraging development in outlying areas.
Policies
3.2.1 Infilling is to be encouraged within the currently developed portions of
the City; the extension of urban growth (residential development at a
density equal to or greater than one unit per acre, commercial sites in
excess of one acre, and non-agricultural industrial development) into
undeveloped areas will be phased logically according to the following
development criteria:
A) availability of services (including streets, water, sewer and
emergency services);
B) logical extension of services;
C) contiguity with existing development; and
D) conformance with an approved Specific Plan or Planned
Development District or other City approval.
Page 5
in AL
3.2.2 Potential developable areas of 300 acres or larger(or a portion of such
area) shall be subject to the approval of an area plan prior to
development. Such plan may take the form of either a Planned
Development District of Specific Plan. Proposals for each planning area
shall be designated as a total unit prior to the approval of any partial
development within that unit; individual structures or land uses which
may interfere with proper development of a planning area should not be
approved.
3.2.3. Prior to the adoption of the required Area Plan, non-intrusive, self-
contained and-serviced uses may be allowed where infrastructure
development is not necessary. This allowance may include such uses
as caretaker's residences, limited agriculture, primitive campgrounds,
excursions and very-low-density residential on lots of record of 16o acres
or greater.
The Circulation Element envisions Palm Canyon Drive, Indian Canyon Drive, and
Sunrise Way as major thoroughfares in the north-south direction, with Racquet Club
Road and San Rafael Road as secondary thoroughfares in the east-west direction.
Zoning
Refer to the attached zoning map. The area includes residential, commercial, industrial
and public land zoning districts that are consistent with the land use designations of the
Palm Springs General Plan Land Use Element.
Zoning Districts include almost every zoning category in Palm Springs, including R-1-A,
R-1-C, R-1-D, R-2, R-3, R-G-A (6), R-MHP, C-1, C-M, M-1, 0-5, and U-R. There are
several Planned Development Districts within the area. A portion of the area includes
Indian Land, as well a portion of the Airport noise cone. These calculations do not
include any of the Planned Development Districts (PDD) in the area; there are at least
nine PPDs in the proposed area. A summary table showing approximate acreages by
zoning district and development status follows:
Approximate'Residential Land'in Sunrise Gateway Revitalization Area
Status R-1-A R-1-C R-1-D R-2 R-3 R-G- R- Totals
A(6) MHP
Developed 15 260 45 40 0 10 30 400
Undeveloped 5 700 15 65 20 20 0 825
Totals 20 960 60 105 20 30 30 1225
Page 6
14.417
Approximate Non-Residentfal':Land in Sunrise Gateway Revitalization Aria
Status C-1 C-M M-1 0-5 U-R Totals
Developed 15 10 30 0 0 55
Undeveloped 15 20 10 60 50 155
Totals 30 30 40 60 50 210
PREVIOUS AND CURRENT DEVELOPMENT PROPOSALS
Several subdivision applications have recently been approved within the area, but few
lots have resulted due to the need for infrastructure. There are several other
development proposals that have been approved by the City but have not been
constructed, or that lingered during the recession of the 1990's before finally being built
out. These projects include:
a) Broxmeyer RV Resort. Located at Gateway Drive and Highway 111. A Preliminary
Planned Development District application for a 348 recreational vehicle resort with
36 single family lots,,and 18-hole executive golf course and support facilities. A
Preliminary Planned Development;District was approved by the City Council, but no
indication was given by developer when the project will be constructed.
b) Odyssey Development. A 60-acre hotel/resort/gaming project proposed at the
northwest corner of Tramway Road and Highway 111. The project was cancelled in
1997 due to lack of financing.
c) Cathton Holdings. Includes Planned Development District 210. A 330-acre master
planned community proposed for San Rafael Road east of Indian Canyon Drive.
Developer interest, based on market conditions, has been minimal until recently.
Project may move forward within next two years.
d) Commercial/Industrial Development on Indian Canyon Drive or in Desert Highland.
New development on Indian Canyon Drive includes Desert Fountain Gas, a
commercial gas supplier,which reconstructed its facility after a devastating fire; a
developer that remodeled a vacant gasoline service station into a mini-mart; and the
development of the closed Lumberman's lumber and hardware store into All-Valley
Document storage. Development on the east side of Indian Canyon Drive has been
less successful, as the costs of installing improvements pursuant to a subdivision
map, as well as dealing with Southern California Edison's transmission and
distribution lines, has made the development too costly for the current market.
e) Vintage Palms, Development was originally approved in 1990 but project was
foreclosed by lender. Project was purchased in 1998 and is finally being built out.
Homes are new, market-rate single-family homes.
f) Palm Springs East, a gated single-family home development proposed by Burnett
Development and located around the Palm Springs Country Club, was submitted
and approved by the City of Palm Springs (Planning Commission approval in
December 2001, Council approval February 2002). The tentative map contains a 1149
Page 7
total of 238 lots and represents the first large-scale residential venture proposed in
the City in over ten (10) years. Additionally, the developer has proposed an
additional 163 homes in a separate tract, Palm Springs West, located across
Sunrise Way from the first development. Both developments propose market-rate
single-family homes on private streets in gated developments. The developer will
bear some market risk because the area in which it is building was previously
designated for the development of affordable housing, and contains four separate
projects aimed primarily at the affordable housing market: Sunrise Village Mobile
Home Park, Golden Sands Mobile Home Park, Coyote Run, and Sunrise Norte.
g) Garden Springs Apartments, A Tax-Credit funded 60-unit apartment development,
the project faced extraordinary costs for the undergrounding of utilities. The project
faced some additional delays that were not the fault of the developer who, as a
result, was forced to surrender the tax credits. The Agency has entered a
Disposition and Development Agreement that assists with the development of the
project,
INFRASTRUCTURE DEFICIENCIES
• Circulation. To accommodate the additional development along Sunrise, the
intersection of San Rafael Road and Sunrise Way sha(I be signalized. In addition,
Sunrise Way north of San Rafael will get a landscaped median island to help
manage the additional local traffic in the area. Indian Canyon Drive through the
area will undergo a significant increase in traffic over the next ten years as
downtown development, especially the development of a new Indian Casino,
occurs. Several streets in the area, mostly in the Desert Highland neighborhood,
have undergone construction or reconstruction in the past two years: a 400-foot-
long section of Radio Road, which was an unpaved path in the middle of an
industrial park; and the reconstruction of Tramview Road (and the sewers in the
street), which was severely damaged by the tamarisk trees planted on the north
side of the street as a windbreak. Additional street improvements in the Highland
Gateway area, as warranted, could be funded through Community Development
Block Grant(CDBG)funds or through redevelopment tax increment.
• Utility Undergrounding. The area lies on one of the main routes for electrical power
to enter the City from the grid, especially from the Dever Station and the Garnet
Substation. Several parcels in the area, especially those located along or near
Indian Canyon Drive, are required by the City's Utility Undergrounding Ordinance to
bury the lines that traverse their property before development can occur. In many
cases, utility undergrounding can cost$400 per linear foot, and developers are
required to underground more than their own frontage, since the requirement is to
underground to "the first pole beyond the property line."
• Flood Control and Drainage. The area is in the City's Master Plan of Drainage
Improvements. Development requires the payment of a $6,511 per acre fee to the
City for flood control improvements. The Area has some proximity to flood hazards
as its northern border is a dike separating the Whitewater River from the rest of the
City. Recently, however, the Army Corps of Engineers "hard-lined"the channel,
creating a concrete dike for additional stability and protection in the case of a flood.
Water. Water line extensions and additional wells and/or storage facilities may be
Page 9 //j�
needed to provide domestic water and fire flows for the planned expansion of the
largest projects. In addition, there has been an ongoing problem in the Desert
,Highland area related to the shortage of fire hydrants in the area; this problems is
being addressed by the City through the CDBG program.
Sewer. The area is served by the City of Palm Springs' sewer system. The Golden
Sands Mobile Home Park was just connected to the City's sewer system in late
2001, however, after operating on its own septic system for the life of the park. The
Park was the last large development in Palm Springs not hooked up to the City's
sewer system. New development is responsible for the installation of new trunk
lines and laterals.
HOUSING ELEMENT/AFFORDABLE HOUSING PLAN COMPLIANCE
The City has drafted a revised Housing Element and the Community Redevelopment
Agency adopted a new Affordable Housing Plan on October 17, 2001. Both
documents encourage the removal of barriers to the development of safe and decent
housing in Palm Springs. The City is part of the Southern California Association of
Governments and the Coachella Valley Association of Government's Regional Housing
Needs Assessment process. That process allocated a fair share of the regional
housing needs to each municipality in Southern California. Palm Springs was allocated
a regional fair share of 1,502 new housing units to be constructed in the City between
1998 and 2005.
CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The purposes of this Revitalization Plan are to identify opportunities and resources to
assist development in the Plan area. Therefore, it is largely a planning and feasibility
document, with a Statutory Exemption under Article 18 of the California Environmental
Quality Act(Section 15262), related to Feasibility and Planning Studies, which states:
"A project involving only feasibility or planning studies for possible future actions
which the agency, board, or commission has not approved, adopted, or funded
does not require the preparation of an EIR or Negative Declaration but does require
consideration of environmental factors. This section does not apply to the adoption
of a plan that will have a legally binding effect on later activities.°
This plan suggests several approaches to revitalization in the area, none of which are
prescriptive or regulatory. It does not amend or suggest amending current zoning, nor
changing any General Plan designations on property. An EIR was conducted on the
adoption of the General Plan, as well as the adoption of the two Redevelopment
Project Areas. Any significant project, such as the development of a subdivision or
master planned community, would be subject to CEQA.
RECENT PUBLIC PROJECTS WITHIN THE REVITALIZATION AREA
Several streets in the area, mostly in the Desert Highland neighborhood, have
undergone construction or reconstruction in the past two years:
• A 400-foot-long section of Radio Road, which was an unpaved path in
the middle of an industrial park was paved by the Community
Page IT /U
Redevelopment Agency in 1999;
The reconstruction of Tramview Road (and the sewers in the street),
which was damaged by the tamarisk trees planted on the north side of
the street as a windbreak, is under way. The City's Sewer Fund will pay
for the sewer line replacement; CDBG is funding the street
improvements.
A major remodel of Victoria Park, including $125,000 in new playground
equipment, was undertaken in 2001.
Golden Sands Mobile Home Park connected to the City's sewer system
in late 2001. While this was a privately-funded project, the Park was the
last large development in Palm Springs not hooked up to the City's
sewer system and was required to do so by the City.
• A significant public art project, an 88'x 13' mural on the wall of the
Desert Highland Unity Center, was funded by the City's Public Arts
Commission and completed in 1998.
The Community Redevelopment Agency recently completed+he first
round of its Neighborhood Revitalization Program for single-family
rehabilitation. Ten (10) homes in the Sunrise Gateway Revitalization
Planning Area were substantially rehabilitated as part of this program.
The CDBG program recently completed a program of fire hydrant
installation in the Desert Highland neighborhood. Five additional
hydrants were installed in the neighborhood to increase the level of fire
protection services.
A traffic signal was installed at the intersection of Racquet Club Road
and Sunrise Way to manage the additional traffic through the area.
FINDINGS
The Sunrise Gateway Area contains or is conveniently located near schools,
day care centers, parks, employment centers and other necessary public and
quasi-public facilities; and
Numerous development applications within the Sunrise Gateway Area have
been approved but not occurred, or have only partially developed; and
Additional commercial development in the area could improve economic
conditions throughout the City by creating additional property tax increment, as
well as new spending power for the commercial facilities located on the north
end; and
Residential development in the area could provide nearby housing
opportunities for those working within the City or elsewhere in the Coachella
Valley, including the expansion of the downtown and the Spa Casino; and
Page 10
A balance of commercial development and residential development, including
both market rate housing and affordable housing, is essential for the continued
success of the revitalization area and the entire City.
RECOMMENDED ACTIONS
General
Designate this Revitalization Area in order for certain grant applicants to
leverage and successfully obtain better grant application funding opportunities.
• Encourage and support residential and industrial development within the
Sunrise Gateway Revitalization Area that is consistent with the goals and
objectives of the Land Use Element and the Circulation Element of the City
General Plan.
Incorporate the work of the City's Historic Site Preservation Board, as well as
private preservation organizations like the Historic Site Preservation
Foundation and the Palm Springs Modern Committee, in recognizing and
promoting the significant historical and architectural resources in the area,
including the Racquet Club, the Frey gas station, the Donald Wexler-designed
steel homes, and the numerous Alexander homes in the area.
Infrastructure
Link the design of the Indian Canyon Drive streetscape to a modified version of
that proposed and designed for the Uptown area (Alejo to Vista Chino).
Develop a priority list for Redevelopment Agency- and CDBG-funded public
improvements in qualified areas, including the portions of Merged Project Area
#1 and low-income census tracts that lie within the area.
• Pursue federal and state funding that could be used for infrastructure
expansion and modernization within the Sunrise Gateway Revitalization Area.
• Work with the development community to develop innovative and equitable
ways to fund infrastructure, including 1913 and 1915 Assessment Districts,
utility undergrounding districts, Rule 20A funding, Community Facilities Districts
and benefit assessment districts.
Housing
• Encourage developers to apply for federal and state funds for the development
of affordable housing, including Low Income Housing Tax Credits, HOME
funds, and HELP (Housing Enabled by Local Partnerships) by requiring the
leverage of other federal and state funds in order to receive Community
Redevelopment Agency Low/Mod Housing funds.
• Use City and Redevelopment Agency resources to acquire land for affordable
housing and other appropriate development uses.
Page 11
Develop a viable strategy of residential single-family infill for the Desert
Highland Gateway neighborhood, using City- and Agency-owned land as a
catalyst to development.
• Develop a viable strategy for converting non-conforming residential land uses
in the Desert Highland Gateway neighborhood
Commercial/Industrial Development
• Make use of the Arts Commission's selection of gateway signage elements at
the key locations of Palm Canyon Drive and Tramway Road, as well as Indian
Canyon Drive and Tramview Road to unify the area and tie it into design
elements found elsewhere in the City.
• Develop a program of unified industrial park signage and identification for
those commercial and industrial properties on Oasis, Del Sol, Radio, San
Rafael and Las Vegas Roads.
Public Facilities
Give consideration to the area in the location, disposition or expansion of public
facilities or resources in the area, such as the Palm Springs Visitors Center, the
James O. Jessie Desert Highland Unity Center, the Crocker library, or Victoria
Park or Fire Station No. 4.
�h8 Page 12
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Community Redevelopment Agency of the City of
Palm Springs and the City of Palm Springs will hold a Public Hearing in the City Council
Chambers, located at 3200 Tahquitz Canyon Way, Palm Springs, California 92262, beginning at
7:00 p.m., Wednesday, July 3, 2002, to consider the following:
Amendment No. 1 to a Disposition and Development Agreement ("DDA") between Garden
Springs Apartments and the Community Redevelopment Agency of the City of Palm Springs,
for a project located on the east side of
Indian Canyon Drive at San Rafael Road
Palm Springs, California 92262
The Community Redevelopment Agency of the City of Palm Springs ("Agency")
proposes to amend a DDA with Garden Springs Apartments for the purpose of developing a 60-
unit low-income apartment complex at the southeast corner of Indian Canyon Drive and San
Rafael Road. The DDA originally was part of the settlement of litigation brought by Garden
Springs Apartments. It committed the Agency to providing up to $1,000,000 in Agency Low
Income Housing Setaside funds over a period of three years. The partnership intends to apply
for Low Income Housing Tax Credits under Article 42 of the IRS Code.
The general partner in the project is CBM Group. The has amenities, including a day
care center and tot lot.
All interested persons are invited to attend the Public Hearing and express opinions on
the item listed above. If you challenge the nature of the proposed action in court, you may be
limited to raising only those issues you or someone else raised at the Public Hearing described
in this notice, or in written correspondence delivered to the City Clerk, at the address listed
above, at or prior to the Public Hearing.
Members of the public may view this document and all referenced documents in the
Community Redevelopment Department, City Hall, and submit written comments to the
Community Redevelopment Agency at or prior to the Community Redevelopment Agency
Meeting at or prior to the public hearing described in this notice.
Further information, including a copy of the Amendment and Resolution, prepared in
accordance with Health and Safety Code Section 33433, is available in the Office of the City
Clerk, at the above address.
PATRICIA A. SANDERS, City Clerk
PUBLISHED: June 19 and June 26, 2002
fi�
RESOLUTION NO.
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING THE SUNRISE GATEWAY
REVITALIZATION PLANNING AREA
WHEREAS, private sectorjobs, are an important component of a diverse and vibrant
economic base for the City; and
WHEREAS, attracting businesses to the City and encouraging existing manufacturing and
commercial businesses to undertake expansion that results in a significant economic benefit to
the City provides a community benefit; and
WHEREAS, the development of housing within the community, for residents of all income
levels, is an objective of the City and is reinforced by the policies of the State of California; and
WHEREAS, it is in the public interest and consistent with the City charter to develop or access
economic incentive programs that diminish the disincentive caused by the cost of developing
or replacing infrastructure, as well as the direct cost of development; and
WHEREAS, such economic incentive programs serve a public purpose and provide for the
general welfare of the community by securing a diverse economic base for the City; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the
Sunrise Gateway Revitalization Planning Program is adopted, and that the Council further
finds:
Section 1. The Sunrise Gateway Area contains or is conveniently located near schools,
day care centers, parks, employment centers, and other necessary public and
quasi-public facilities; and,
Section 2. Numerous development applications within the Sunrise Gateway Area have
been approved but not occurred, or have only partially developed; and,
Section 3. Additional commercial development in the area could improve economic
conditions throughout the City by creating additional property tax increment, as
well as new spending power for the commercial facilities located on'the north
end; and,
Section 4. Residential development in the area could provide nearby housing opportunities
for those working within the City or elsewhere in the Coachella Valley, including
the expansion of the downtown and the Spa Casino; and
Section 5. A balance of commercial development and residential development, including
both market rate housing and affordable housing, is essential for the continued
success of the revitalization area and the entire City.
Section 6. The creation of such a Revitalization Planning Area shall be of benefit to
property owners, business owners, and residents in the area.
ADOPTED this day of . 2002.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
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PROOF OF PUBLICATION This is space for County Clark's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
- County of Riverside
1 am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen ------------------------------------------
years,an no a p to or interested in the No 1833)' � � , d t party y CITY OF PALM SPRINGS
above-entitled matter.I am the principal clerk Of a NOTICE OF PUBLIC HEARING
printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN,that the Community
Redevelopment Agency of then itywtl will hold a
lm
COMPANY a newspaper of general circulation, Sir rigs and the city of Palm Sp n to
PUbhc Heariny in the Cdy Council ha b-Is,alm
printed and published in the city of Palm Springs, cared at 200 Tolltz Canyony,
u s,
County of Riverside,and which newspaper has been vvfe nd os California 92262, beginning at 7.00 p.m,
day,duty 3, 2002, to consider the follow-
adjudged a newspaper of general circulation by the ing
Amendment No t to a Dis csihcn and -Develop-
between Court Of The County Of Riverside,State Of menc Agreement ('DDA') between Garden
California under the date of March 24,1988.Case Springs Apartments and the Community g.,for
cement Agency of the City of Palm Spnn9
Number 191 236;that the notice,of which the roleot located on the east side of Indian Canyon
�nve �.
annexed is a printed copy(set in type not smaller at San Rafael HoadPalm Springs, California
92262
than non pariel,has been published in each regular The Community Redevelopment
edevelopment Agency of the
and entire issue of said newspaper and not in any City of Palm Sprm ("Agency") prop oees to
mend a a DDA with Garden Sprm s Apartments
supplement thereof on the following dates,to wit: f i the purpose of developing a �o-unit low-in- ,
.Tune 20111,26th come apartment complex at the southeast corner
of Indian Canyon Drioe and San Rafael Read.The
Duo bro ghltybyaGaidenfSpfmgttle Pent of htiga-
__________________________________________________________ s Apartments
It
committed the Agency to providing up to
$1
,n00,000 in Agency Law Income Flouring Se-
----------------------_-------_---------___-----------_____ ta"de funds over a Period of three years. The
dnership intends to apply toi Low Income
All in the year 2002 Mpousing Tax Credits under Article 42 of the IRS
I certify(or declare)under penalty of perjury that the code.
foregoing Is true and correct. The general partner In the Project is CBM Group.
g g The. has amenities, Including a day care center
27th and tat lot.
Dated at Palm Springs,California this--------------(lay publicil interested
ig ar�d express opiniisons are, invited ons ouattend
tire e I m
,Ilene listed above. If you challenge the nature of the
-proposed action In court, you may be limited to
of---------------------------------------2002 raising only those issues you or someone else
raised at the Public Hearing described in this no-
tice,City er in wnithe address
listed
a eve, t to the
✓ry`-Il'J l/ City Clerk,at the address listed above, at or prior
to the Public Hearing
y
Members of the public may view this Community
nt
Signature and all referenced documents y the and s u m
Redevelopment Department,tarty Hall,and submit
written comments to the Community Redevelop-
ment Agency at or truer to the Commonit ode-
' valopment Agency 6Aeehng at o, prior to tic pub-
�� Ile hearing described in this notice
AmenFurther information,and pan, Including a copy of the
Amendment end Resolution, prepared in actor-
I dance with Health and Safety Code Section
or the is av .01di in the Office of the City Clerk,
.he above address
PATRICIA A. SANDERS, City Claik
PUB: June 20, 26, 2002 _.--_ _____ _- I,
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
FIRST AMENDMENT TO A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH GARDEN SPRINGS APARTMENTS, A
CALIFORNIA LIMITED LIABILITY PARTNERSHIP PROVIDING
FOR THE EXTENSION OF THE AGREEMENT TO ALLOW FOR
TWO ADDITIONAL APPLICATIONS FOR LOW INCOME
HOUSING TAX CREDITS, IN 2002 AND 2003
-------------------
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs,
California ("Agency") is constituted under the Community Redevelopment Law (California
Health and Safety Code Section 33000 et. seq.) to carry out the purpose as the
redevelopment in the City of Palm Springs ("the City"); and
WHEREAS, the Agency and Developer entered into that certain Disposition and
Development Agreement, which was approved by the Agency Board pursuant to Resolution
No. 1129 on June 13, 2001 (the "Original DDA"), with respect to the provision of Agency
financial assistance and the development of certain real property located in the City of Palm
Springs with low-income housing units and more particularly described in the Original DDA;
and
WHEREAS, the Developer was required to apply for Low Income Housing Tax Credits
("LIHTC") under Article 42 of the Internal Revenue Code, and was given two opportunities to
do so under the terms of the DDA; and
WHEREAS, the Agency and Developer now desire to enter into this First Amendment
to the DDA for purposes of facilitating two additional applications for LIHTC funding by the
Developer or the Agency; and
WHEREAS, a Notice of Public Hearing concerning this Amendment to the Disposition
and Development Agreement was published in accordance with applicable law; and
WHEREAS, the Agency has considered the staff report, and all the information,
testimony and evidence provided at its regularly scheduled meeting of July 3, 2002.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the
Community Redevelopment Agency finds as follows:
a) The City Council adopted a Mitigated Negative
Declaration for the project based on the preparation of an
Initial Study and the recommendation of the Planning
cca. b►- G
Project.
b) The Agency finds that the Planning Commission
adequately discussed the potential significant
environmental effects of the proposed project (land use,
traffic/circulation, parking, air quality, noise, aesthetics,
geology/soils, water quality, drainage, public utilities, public
safety, archaeological/historic resources and light and
glare). The Community Redevelopment Agency further
finds that the Mitigated Degative Declaration reflects its
independent judgment.
SECTION 3. The proposed project is consistent with the Community
Redevelopment Agency's Five Year Implementation Plan/Housing
Compliance Plan, insofar as this project will provide for the
development of 60 housing units for low-income families.
SECTION 4. Based on foregoing reasons, this First Amendment to the
Disposition and Development Agreement is hereby approved and
incorporated herein by this reference.
SECTION 5. The Executive Director is authorized to execute all necessary
documents, in a form approved by the Agency Counsel.
ADOPTED this day of , 2002.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Chairman
REVIEWED &APPROVED