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HomeMy WebLinkAbout24278 RESOLUTION NO. 24278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36725 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH FAR WEST INDUSTRIES FOR PROPERTY LOCATED ALONG NORTH PALM CANYON DRIVE, SOUTH OF ALVARADO ROAD AND WEST OF DE ANZA ROAD, IN SECTION 3, TOWNSHIP 3 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of December 10, 2014, recommended approval of Tentative Tract Map 36725 ("TTM 36725"), 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 36725, subject to conditions, for the subdivision of 5.2 acres into 46 Condominium Residential units; and WHEREAS, on October 4, 2016, Far West Industries, a California Corporation (hereinafter the "Subdivider"), timely filed a final map for TTM 36725 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 36725; 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 36725 the following: an easement for public utility purposes, easements shown as "PSE" (Private Street Easement); and sewer purposes, for public utility with right of ingress and egress of service and emergency vehicles and personnel. An easement for public utility purposes shown on map as "5' PUE" for public utility and sewer purposes; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of the final map for TTM 36725, 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, on January 7, 2015, the City Council adopted Resolution No. 23742 adopting the Mitigated Negative Declaration; and Resolution No. 24278 Page 2 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 36725 is in substantial conformance with the approved Tentative Tract Map 36725. SECTION 3. Tract Map 36725 is in conformance with the General Plan. SECTION 4. Tract Map 36725 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 36725 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 36725 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 36725 is hereby approved for purposes therein defined. ADOPTED THIS 19T" DAY OF JULY, 2017. C David H. Ready, Esq., Ph. . City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24278 Page 3 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. 24278 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, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk