HomeMy WebLinkAbout24618RESOLUTION NO. 24618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST
FOR THE REVERSION TO ACREAGE OF A PREVIOUSLY
SUBDIVIDED FINAL MAP 33162 FOR THE DEVELOPMENT
OF A 132-UNIT CONDOMINIUM COMPLEX AT THE
PEDREGAL DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF NORTH PALM CANYON DRIVE
AND TRAMWAY ROAD (CASE TPM 37673).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. On September 20, 2006, the City Council of the City of Palm Springs adopted a
Mitigated Negative Declaration and approved Case 5.1103-CUP, Tentative Tract Map
33162 and Major Architectural Application for the development of a 132-unit attached and
detached condominium complex.
B. The applicant, Palm Springs Modern Construction initiated the reversion to
acreage having met the criteria of Chapter 9.66.040 of the Municipal Code.
C. The Palm Springs Modern Construction, (the "Applicant") has filed an application
with the City for the reversion to acreage of a previously approved and recorded final map
33162 pursuant to the provisions of Chapter 9.66.040 of the City of Palm Springs
Municipal Code.
F. On May 8, 2019, a public hearing on the request was held by the Planning
Commission in accordance with applicable law.
G. On May 8, 2019, the Planning Commission unanimously voted to recommend
approval of the proposed reversion to acreage to the City Council.
H. On June 5, 2019, a public hearing on the request was held by the City Council in
accordance with applicable law.
I. A Mitigated Negative Declaration for the Pedregal project was previously adopted
by the City Council on September 20, 2006, in conjunction with the approval of Tentative
Tract Map 33162, Conditional Use Permit and Major Architectural Application for the
development of a 132-unit detached and attached condominium complex. A further
environmental analysis for the reversion to acreage will not be necessary since there are
no development proposals at this time.
J. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report and all written and oral testimony presented.
Resolution No. 24618
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS
FOLLOWS:
That the findings and determinations reflected above are true and correct and are
incorporated by this reference herein as the cause and foundation for the action taken by
and through this Resolution. Based upon the foregoing, the City Council hereby approves
the reversion to acreage of Final Map 33162 commonly known as the Pedregal; a
previously approved and recorded final map for the construction of a 132-unit detached
and attached condominium complex at the southwest corner of North Palm Canyon Drive
and Tramway Road, subject to the conditions attached as Exhibit A.
ADOPTED THIS 5T" DAY OF JUNE, 2019.
David H. Ready, Esq.
City Manager
ATTEST:
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City Clerk
Resolution No. 24618
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24618 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 5th day of June, 2019, by
the following vote:
AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Pro Tern Kors,
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 ZLi4-- day of :Zy; ,L.— 2c c e�
ony J. M M C
City Clerk
Exhibit A
CONDITIONS OF APPROVAL
Case No. Tentative Parcel Map 37673
Southwest Comer of North Palm Canyon Drive and Tramview Road
June 5, 2019
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS:
PLANNING DEPARTMENT:
PLN1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
PLN2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its legislative body,
advisory agencies, or administrative officers concerning Case TPM 37673. The
City of Palm Springs will promptly notify the applicant of any such claim, action,
or proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive further indemnification hereunder, except, the City's decision to settle
or abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
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City Council
Case TTM 37673
Page 2 of 2
June 5, 2019
PLN3. The applicant shall abide by the Settlement Agreement dated January 17, 2019,
as described in Exhibit "A" of said agreement.
END OF CONDITIONS
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