HomeMy WebLinkAbout23030RESOLUTION NO. 23030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
REVERSION OF AN APPROXIMATELY 24.4 ACRES OF
VACANT LAND TO ACREAGE LOCATED AT THE
NORTHEAST CORNER OF FARRELL DRIVE AND
BARISTO ROAD (TENTATIVE PARCEL MAP 36387).
WHEREAS, Brandenburg Family Associates (Applicant) has filed an application
with the City pursuant to Section 9.66 of the Palm Springs Municipal Code and Section
66499.11 through 66499.20 of the Subdivision Map Act, for a reversion to acreage,
TPM 36387, to remove parcel lines for a previously approved 24.4-acre subdivision of
vacant land located northeast corner of Farrell Drive and Baristo Road (2705 East
Tahquitz Canyon Way), Zone PD-71A, Section 13; and
WHEREAS, notice of the public hearing of the Planning Commission of the City
of Palm Springs to consider TPM 36387, was given in accordance with applicable law;
and
WHEREAS, on September 14, 2011, the Planning Commission reviewed the
proposed project and voted to recommend approval of the project to the City Council;
and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider TPM 36387 was given in accordance with applicable law; and
WHEREAS, on April 1, 2009, a meeting was held by the City Council 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 the project is categorically exempt
under Section 15305(c) 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
FINDS AS FOLLOWS:
Section 1. The City Council finds that Tentative Parcel Map 36387 is
Categorically Exempt from environmental review pursuant to Section 15305(c) (Class 5—
Minor Alterations in Land Use Limitations) of the California Environmental Quality Act.
Resolution No. 23030
Page 2
Section 2. Pursuant to Section 9.66 of the Palm Springs Municipal Code and Section
66499.11 through 66499.20 of the Subdivision Map Act, subdivided real property may
be reverted to acreage only if the legislative body finds that,
(a) Dedications or offers of dedication to be vacated or abandoned by the
reversion to acreage are unnecessary for present or prospective public
purposes; and
(b) Either
(1) All owners of an interest in the real property within the subdivision
have consented to reversion; or
(2) None of the improvements required to be made have been made
within two years from the date the final or parcel map was filed for
record, or within the time allowed by agreement for completion of
the improvements, whichever is the later, • or
(3) No lots shown on the final or parcel map have been sold within five
years from the date such map was filed for record.
Section 3. The City Council finds that there are no dedications or offers of
dedication to be vacated or abandoned by the reversion to acreage, and all owners of
an interest in the real property within the subdivision have consented to the reversion.
Therefore, the proposed reversion is consistent with the required findings.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council approves Tentative Parcel Map 36387, a reversion to acreage for approximately
24.4-acres of vacant land located at the northeast corner of Farrell Drive and Baristo
Road, subject to those conditions set forth in the attached Exhibit A.
ADOPTED this 5th day of October, 2011.
David H. Rea anager
ATTEST:
mes Thompson, City Clerk
Resolution No. 23030
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. 23030 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 October 5, 2011, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk � oil If'Oj j
ity of Palm Springs, California
Resolution No. 23030
Page 4
EXHIBIT A
TPM 36387
Brandenburg Family Associates
Northeast corner of Farrell Drive and Baristo Road
(2705 East Tahquitz Canyon Way)
September 14, 2011
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.
PLANNING
ADMINISTRATIVE
ADM 1. Proiect Descriotion. This approval is for the project described per Case TPM
36387, except as modified by the conditions below;
ADM 2. Reversion to Acreage. This approval is for Tentative Parcel Map (TPM)
36387, reversion to acreage, located at 2705 East Tahquitz Canyon Way.
This approval is subject to all applicable regulations of the Subdivision Map
Act, the Palm Springs Municipal Code, and any other applicable City Codes,
ordinances and resolutions.
ADM 3. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 4. Indemnification. 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 TPM 36387. 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 or pay
Resolution No. 23030
Page 5
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 further indemnification hereunder, 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.
ADM 5. Time Limit on ADDroval. Approval of TPM 36387 shall be valid for a period of
two (2) years from the effective date of the approval, unless an extension is
granted by the Subdivision Map Act and / or the Planning Commission and
City Council. Extensions of time may be granted upon demonstration of good
cause.
ADM 6. Riaht to ADDeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00.
ENGINEERING DEPARTMENT
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
EUS
ENG 1. A Parcel 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 parcels and all lots
created therefrom, and copies of record documents shall be submitted with
the Parcel Map to the Engineering Division as part of the review of the Map.
The Parcel Map shall be approved by the City Council prior to recordation of
the Parcel Map.
ENG 2. Upon approval of a parcel map, the parcel map shall be provided to the City
in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submissiorf 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
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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.
ENG 3. In accordance with Palm Springs Municipal Code 9.66.080, upon recordation
of Parcel Map No. 36387, all remaining securities associated with the
Subdivision Improvement Agreement (A1666) for underlying Final Tract Map
10346 may be released.
END OF CONDITIONS