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HomeMy WebLinkAbout21894 - RESOLUTIONS - 5/16/2007 ' RESOLUTION NO. 21894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FROM MAY 19, 2007 TO MAY 19, 2008, FOR TENTATIVE TRACT MAP 32263 LOCATED AT 1301 MONTALVO WAY, ZONE M 1-P, SECTION 7. WHEREAS, Jeffrey Parker of RSM Arbours ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a one- year time extension to Tentative Tract Map 32263 to allow a subdivision at 1301 Montalvo Way, Zone M-1-P, Section 7, and WHEREAS, on May 9, 2007, a public meeting on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence ' presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Chapter 9.63.110 of Palm Springs Municipal Code, the City Council makes the following findings: a. No significant changes have occurred in the surrounding area and underlying zoning regulations that would suggest that the project is no longer in keeping with the neighborhood or the City's development policies. SECTION 2. The Engineering Department has added four additional conditions to Exhibit A. SECTION 3. The City Council hereby approves a one-year time extension for TTM 32263, subject to those conditions set forth in the attached Exhibit A. Resolution No. 21894 Page 2 ADOPTED THIS 16th day of May, 2007. , David H. Ready, Ci y an ATTEST: mes Thompson, City Clerk 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. 21894 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 16`h day of May, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. J mes Thompson, City Clerk Gity of Palm Springs, California 1 Resolution No. 21894 Page 3 ' EXHIBIT A TTM 32263 Time Extension 1301 Montalvo Way May 16, 2007 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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 1. TTM 32263 is limited to a time extension of one-year, expiring on May 19, 2008. 2. All Conditions of Approval for TTM 32263 approved on May 19, 2004 remain applicable. ADMINISTRATIVE 3. 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. 4. 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 TTM 32263. 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 the indemnification herein, 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. Resolution No. 21894 Page 4 ENGINEERING ' 1. The applicant shall provide tenant notification for subdivisions to be created from the conversion of rental or leased property into a condominium project in compliance with Government Code Sections 66427.1, 66452.8 and 66452.9. 2. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 3. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and shall be approved by the City Attorney prior to approval of a Final Map. 4. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. END OF CONDITIONS