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HomeMy WebLinkAbout24365RESOLUTION NO. 24365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36737 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA OLIVERA, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 199 WEST VIA OLIVERA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of November 12, 2014, recommended approval of Tentative Tract Map 36737 ("TTM 36737"), subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of January 7, 2015 approved TTM 36737, subject to conditions, for the subdivision of 5.2 acres into 46 condominium residential units; and WHEREAS, the expiration date of TTM 36737 was January 7, 2017; and WHEREAS, on September 15, 2015, Via Olivera, LLC, a California Limited Liability Company (hereinafter the "Subdividef), timely filed a final map for TTM 36737 with the City Engineer in accordance with Section 66456 of the California Government Code; and WHEREAS, pursuant to state law (California Government Code Section 66452.6 [the "Map Act"]), once the timely filing of a final map has been made to the City Engineer, all subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the Tentative Tract Map; and WHEREAS, the Subdivider has offered for dedication to the City of Palm Springs on the final map for TTM 36737 the following: Lot "A" to the City of Palm Springs for Road Purposes; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of the final map for TTM 36737, 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 Govemment Code. Resolution No. 24365 Page 2 NOW. 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. Tract Map 36737 is in substantial conformance with the approved Tentative Tract Map 36737. SECTION 3. Tract Map 36737 is in conformance with the General Plan. SECTION 4. Tract Map 36737 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 36737 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof. SECTION 6. The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 36737 with the Subdivides and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. SECTION 7. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. SECTION 8. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. SECTION 9. Tract Map 36737 is hereby approved for purposes therein defined. Resolution No. 24365 Page 3 ADOPTED THIS 7™ DAY OF FEBRUARY, 2018. ATTEST: lony J City Clerk David H. Ready, Esq. City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS ) ss. I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24365 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 7, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of ntho City Clerk