HomeMy WebLinkAbout24594RESOLUTION NO. 24594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
31848 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN
RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON
DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF
SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH,
RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of April 7, 2004, recommended approval of Tentative Traer Map 31848, subject to
conditions; and ·
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City''),
at its meeting of May 5, 2004, approved Tentative Tract Map 31848 subject to conditions;
and
WHEREAS, Tentative Tract Map 31848 was extended by action of the City
Council, and by matter of law, from 2006 through 2019; and
WHEREAS, Avalon 1150, LLC, a Delaware limited liability company, (hereinafter
the "Subdivider''), has filed with the City a final map for the second and final phase of
Tentative Tract Map 31848, identified as Tract Map 31848, in accordance with Section
66458 of the California Government Code; and
WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs; an
easement for public purposes over Lots "A" though "P" inclusive for public street, utilities
and sewer purposes; an easement for public purposes shown as "10 PUE", along and
adjacent to Lots "B" through "P"; an easement for sidewalk and public utility and sewer
purposes over Lots "Q" through ''W" and
WHEREAS, required Works of Improvements have not been completed by the
Subdivider as of the filing of Tract Map 31848, and the Subdivider has requested that the
City enter into a Subdivision Improvement Agreement with the Subdivider to secure the
cost of public improvements in accordance with Section 66462 of the California
Government Code; and
WHEREAS, the Subdivider has requested deferral to start construction of the
Works of Improvement to coincide with completion of 50% of the residential units within
the first phase of Tentative Tract Map 31848 (i.e. Tract Map 31848-1), or January 31,
2023, whichever occurs first; and ·
Resolution No. 24594
Page2
WHEREAS, the construction of the Works of Improvement will occur beyond two
years from the date the final map for the second and final phase of Tentative Tract Map
31848, identified as Tract Map 31848, is recorded; and
WHEREAS, the Subdivider has requested to secure the Works of Improvements
through a lien upon the property to be divided, created by a contract between the
Subdivider and City; and
WHEREAS, the City finds that it would not be in the public interest to require the
installation of the Works of Improvement sooner than two years after the recordation of
the final map for the second and final phase of Tentative Tract Map 31848, identified as
Tract Map 31848.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The final map for the second and final phase of Tentative Tract Map
31848, identified as "Tract Map 31848," is in substantial conformance with the approved
Tentative Tract Map 31848. ·
SECTION 3. Tract Map 31848, is in conformance with the General Plan.
SECTION 4. Tract Map 31848, conforms to all requirements of the Subdivision
Map Act of the State of California.
SECTION 5. In accordance with Section 66477.1 of the California Government
Code, the offers of dedication to the public on Tract Map 31848 shall be accepted by the
City Clerk, subject to improvement, who shall certify acceptance by signature on the map
thereof. --
SECTION 6. Tract Map 31848 is hereby approved for purposes therein defined.
SECTION 7. The City Council hereby finds that it would not be in the public
interest to require the installation of the Works of Improvement sooner than two years
after the recordation of Tract Map 31848.
SECTION 8. The Works of Improvement have been estimated to cost
$11,200,000 and shall be secured in accordance with Chapter 9.65 of the Palm Springs
Municipal Code.
Resolution No. 24594
Page 3
SECTION 9. In lieu of bonds, the City Council hereby agrees to accept as security
for the Works of Improvement a lien upon Tract Map 31848 created by contract between
the Subdivider and the City, pursuant to Section 66499(a)(4) of the California Government
Code.
SECTION 10. The City Council hereby approves a Subdivision Improvement
Agreement for Tract Map 31848 with the Subdivider, and , pursuant to Section 66499(b)
of the California Government Code, upon recordation the Subdivision Improvement
Agreement shall create a security interest and lien attached to Tract Map 31848 and have
the priority of a judgment lien in the amounts necessary to complete the Works of
Improvement, until such time as replacement securities are submitted to and accepted by
the City pursuant to Section 13 .
SECTION 11. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
SECTION 12. The City Clerk shall cause to have recorded the Subdivision
Improvement Agreement with the Riverside County Recorder.
SECTION 13. Pursuant to the provisions of the Subdivision Improvement
Agreement , Subdivider shall submit replacement securities acceptable to the City, in the
amounts required by Chapter 9.65 of the Palm Springs Municipal Code , prior to
commencing construction of the Works of Improvement. The City Clerk is hereby
authorized to accept replacement securities and to record a document evidencing
elimination of the security interest and lien attached to Tract Map 31848.
ADOPTED THIS 15 T DAY OF MAY , 2019 .
David H . Ready , Esq ., Ph
City Manager
ATTEST:
Reso lution No . 24594
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J . Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24594 is a full , true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 151 day of May, 2019 , by
the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
Councilmembers Holstege , Middl eton , Roberts , and Mayor Moon
None
Mayor Pro Tern Kors
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official sea l of the
City of Palm Springs , California , this Yh day of -X,c--a.. , 76 t ':\