HomeMy WebLinkAbout24280 RESOLUTION NO. 24280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
31095 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH GRIT
DEVELOPMENT, LLC, FOR PROPERTY LOCATED
ALONG WEST VIA ESCUELA, SOUTH OF RACQUET
CLUB ROAD AND NORTH OF CHINO CANYON ROAD, IN
SECTION 3, TOWNSHIP 3 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of September 26, 2007, recommended certification of the Final Environmental Impact
Report ("FEIR") for, and approval of Tentative Tract Map 31095 ("TTM 31095"), subject
to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of November 7, 2007, adopted Resolution No. 22063, certifying the FEIR,
adopting a Statement of Overriding Considerations, and approving TTM 31095, subject
to conditions, for the subdivision of 30.4 acres into 45 single family residential lots; and
WHEREAS, the initial expiration date of TTM 31095 was November 7, 2009; and
WHEREAS, through four separate legislative acts adopted by the State of
California from 2008 through 2013, the state granted automatic extensions of time to
valid Tentative Tract Maps, further extending the expiration date of TTM 31095 to
November 7, 2016; and
WHEREAS, on May 9, 2016, Grit Development LLC, a California limited liability
company, (hereinafter the "Subdivider"), timely filed a final map for TTM 31095 with the
City in accordance with Section 66456 of the California Government Code the City
Engineer received a timely filing of a final map for TTM 31095; 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 31095 the following: easements for street and public utility
purposes over lots "D" and "E" for Sanborn Way and Chino Canyon Road; easements
for public utility purposes, and right of ingress and egress and emergency vehicles and
personnel over Lots "F" through "K", inclusive, identified as "private streets"; easements
for sewer, water and public utility purposes together with the right of ingress and egress
Resolution No. 24280
Page 2
for emergency vehicles over Lot "L"; and easements (15' wide) for public utility, sewer,
water and storm drainage purposes identified as "P.U.E." over Lots 1, 2, 3, 7, 8, 9, 10,
36, and 45; and
WHEREAS, required public improvements have not been completed by the
Subdivider as of the filing of the final map for TTM 31095, 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, pursuant to California Public Resources Code Section 21166, when
an environmental impact report has been prepared for a project pursuant to the
California Environmental Quality Act ("CEQA"), no subsequent or supplemental
environmental impact report shall be required by the lead agency or by any responsible
agency, unless one or more of the following events occurs: (a) Substantial changes are
proposed in the project which will require major revisions of the environmental impact
report; (b) Substantial changes occur with respect to the circumstances under which the
project is being undertaken which will require major revisions in the environmental
impact report; or (c) New information, which was not known and could not have been
known at the time the environmental impact report was certified as complete, becomes
available; and
WHEREAS, the City has evaluated the certified FEIR for TTM31095 adopted
November 7, 2007, and has determined that none of the conditions identified in Public
Resources Code Section 21166 have occurred, and has concluded that no additional
environmental analysis of TTM 31095 is required pursuant to CEQA.
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. Tract Map 31095 is in substantial conformance with the approved
Tentative Tract Map 31095.
SECTION 3. Tract Map 31095 is in conformance with the General Plan.
SECTION 4. Tract Map 31095 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 31095 shall be accepted by
the City Clerk, subject to improvement, who shall certify acceptance by signature on the
map thereof.
Resolution No. 24280
Page 3
SECTION 6. The City Council hereby approves a Subdivision Improvement
Agreement for Tract Map 31095 with the Subdivider, 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 31095 is hereby approved for purposes therein defined.
ADOPTED THIS 19T" DAY OF JULY, 2017.
David H. Ready, Esq., .
ATTEST: City Manager
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Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 24280 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 July 19, 2017, by
the following vote:
AYES: Councilmembers Kors, Mills, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Roberts
La-L'a
Kathleen D. Hart, MMC
Interim City Clerk