HomeMy WebLinkAbout23044 RESOLUTION NO. 23044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST
TO MODIFY FINAL TRACT MAP 34165 BY DELETING
CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C
RELATING TO THE INSTALLATION OF A LANDSCAPE
TRAFFIC MEDIAN ON AVENIDA CABALLEROS.
WHEREAS, Nexus Development (0 & M, LLC), ("Applicant") has filed an
application pursuant to Municipal Code Section 9.63.150 (Modification of Final
Recorded Maps). Pursuant this section, a Certificate of Correction may be issued for
the purposes of modifying or amending any final subdivision map. The applicant has
requested to modify final Tract Map 34165 by requesting the removal of the Conditions
of Approval 7a, 7b, and 7c, from the City Council's April 12, 2010 approval of the
Tentative Tract Map 34165 and the Planned Development District 5.1082 PDD 321
AMND, and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider the map correction request for Case 5.1082 AMND PDD 321 &
TTM 34165 AMND was given in accordance with applicable law; and
WHEREAS, on October 19, 2011, a public hearing on Case 5.1082 AMND PDD
321 & TTM 34165 AMND was held by the City Council in accordance with applicable
law; and
WHEREAS, 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.
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
on April 12, 2010, the City Council adopted a Mitigated Negative
Declaration for this project.
SECTION 2: Municipal Code 9.63.150 states that when a correction requires the
modification of a condition of approval, a public hearing shall be required
of the City Council and all of the following findings must be made:
1) Regarding the map or the property to which it pertains, there are
changes in circumstances which make any or all of the conditions
imposed upon the map no longer appropriate or necessary;
Although the goals of the Section 14 Specific Plan and the City General Plan state that
Avenida Caballeros should be an enhanced transportation corridor, the introduction of
Resolution No. 23044
Page 2
the proposed median on Avenida Caballeros is noted as an "optional" feature in the
Specific Plan. The applicant has provided the landscaped parkway along the east side
of Avenida Caballeros which is required by the Section 14 Specific Plan. The Council
has determined that the construction of the median island along the project frontage is
no longer appropriate or necessary at this time.
2) The proposed modifications will not impose any additional burden on
the present fee owners of the property to which the map pertains;
The applicant asserts that the imposition of the conditions of approval requiring the
landscape median causes an economic hardship. The requested removal of the
conditions will reduce the cost to the developer for improvements in the public right of
way; thus no additional burden is imposed on the present fee owners of the subject
parcel by the proposed deletion of Conditions 7a, 7b, and 7c.
3) The proposed modifications will not alter any right, title, or interest in
the real property to which the map pertains; and
The request to remove Conditions of Approval 7a, 7b, and 7c will not alter any title
interest or rights on the property to which the map pertains.
4) The final map, as modified, conforms to the provisions of state law and
the Palm Springs Municipal Code for the approval of subdivision or
parcel maps.
The proposed deletion of the three conditions of approval will not cause any non-
conforming condition with respect to the City's Municipal Code or State of California
Subdivision Map Act regulations.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case 5.1082 PD 321, TTM 34165 AMND; a request to
remove Conditions of Approval 7a, 7b, and 7c (relating to a proposed landscape traffic
median island from the south property line of the subject parcel to the southern edge of
the driveway into the Palomino tract) from Tract Map 34165.
ADOPTED THIS 161" DAY OF NOVEMBER, 2011.
David H. Ready, CRtyWanager
ATTEST:
ok-.ri.ct--
mes Thompson, City Clerk
Resolution No. 23044
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, California, hereby certify
that Resolution No. 23044 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 16t' day of
November, 2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
mes Thompson, City Clerk �2ld'f� t
ity of Palm Springs, California