HomeMy WebLinkAbout21386 - RESOLUTIONS - 9/7/2005 RESOLUTION NO. 21386
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT WITH PALM SPRINGS
MARQUIS, LLC, WHICH INCLUDES A FINANCIAL IMPACT
MITIGATION FEE, AN AGREEMENT BY THE APPLICANT
TO PAY CERTAIN INFRASTRUCTURE, LANDSCAPE,
LIGHTING AND MAINTENANCE EXPENSES, AND
MEMORIALIZING PROPERTY EXPECTATIONS OF THE
CITY AND DEVELOPER
WHEREAS, the CITY OF PALM SPRINGS (the "City"), a municipal corporation, and
PALM SPRINGS MARQUIS, LLC, a California limited liability corporation (the
"Developer") may enter a Development Agreement pursuant to Article 2.5 of Chapter 4 of
Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code
and Section 94.08 of the Palm Springs Municipal Code; and
WHEREAS, on April 14, 2004, the City approved the following land use approvals: (1)
Conditional Use Permit No. 5.0975, (2)Tentative Tract Map 31905 forthe development of
an 86 unit timeshare project located at 190 South Calle Encilia, and (3) Variance No.
6.473; and,
WHEREAS, the Planning Commission at the same meeting found the project to be
categorically exempt from CEQA per Section 15332 (In-Fill Development); and
WHEREAS, the grant of development rights hereunder is consideration for Developer's
good faith efforts to complete the development of a resort timeshare project composed of
86 ownership units, which will benefit the City by creating new jobs in the community and
will aid in the revitalization of the tourist trade; Developer shall pay all City development
fees, including Quimby park fees, which will assure that all costs of the Project will be
mitigated; and moreover,to the extent timeshare units are being developed in lieu of hotel
units and to pay for certain infrastructure improvements and to pay for landscaping,
lighting and other public maintenance expenses, Developer agrees that a Financial
Impact Mitigation Fee ("FIM Fee") shall be paid to the City; and
WHEREAS, the term "FIM Fee" shall mean the fee which shall be paid on timeshare
intervals so that these units contribute to the payment for City services as would hotel
units and will pay for Project costs including infrastructure costs, payment for
maintenance of public landscaping, lighting and improvements, access to trails on City
property, and to pay for other service enhancements and obligations of the Developer;
WHEREAS, on April 27, 2005, the Planning Commission of the City (the "Planning
Commission"), after giving notice pursuant to Government Code Sections 65090, 65091,
1 65092, 65094, and 65864, held a public hearing on Developer's application for this
Agreement, and has found on the basis of substantial evidence that the Agreement is
consistent with all applicable plans, rules, regulations and official policies of the City; and
Resolution No. 21386
Page 2
WHEREAS, on September 7, 2005, the City Council of the City (the "City Council"), after
giving notice pursuant to Government Code Sections 65090, 65091, 65092, 65094, and '
65864, held a public hearing on Developer's application for this Agreement, and has
found on the basis of substantial evidence that the Agreement is consistent with all
applicable plans, rules, regulations and official policies of the City; and
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE 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 Planning
Commission found the project to be categorically exempt from CEQA per Section 15332
("infill development") and that the adoption of the Development Agreement does not
create any additional environmental impact.
SECTION 3. The Developer proposes to construct a project of 86 vacation ownership
units (time shares); underground parking; water features and other amenities; and other
landscaping and on-site improvements.
SECTION 4. The Developer is required to make certain street improvements in keeping
with City codes. Such offsite improvements, such as reconstructing curb, gutter and
sidewalks along Arenas Road and Caile Encilia, are imperative to this project, which
improves a blighted parcel in Merged Redevelopment Project Area#2 (formerly Tahquitz ,
Andreas) and will increase tax increment to the Agency and development fees, transient
occupancy tax and sales tax collections to the City. In addition, the Developer agrees to
impose and collect a Financial Impact Mitigation Fee (FIM Fee)on the owners of intervals
in the project to offset a portion of the City's cost and burden of the project.
SECTION 5. The City agrees, through this Development Agreement to encourage the
Community Redevelopment Agency to undertake capital improvement projects in
proximity to the Project.
SECTION 6. Based on foregoing reasons, the City Council hereby approves the
Development Agreement, which is incorporated herein by this reference.
ADOPTED this 7th day of September, 2005.
David H. Ready, City Ma��ge
ATTEST:
/ /m� 1 es Thompson, City Clerk
Resolution No. 21386
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No.
21386 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 September 7, 2005, by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
/Ja°mes Thompson, City Clbrk
ity of Palm Springs, California