HomeMy WebLinkAbout22326 - RESOLUTIONS - 7/30/2008 RESOLUTION NO, 22326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING,
AND OTHERWISE SETTING ASIDE APPROVAL OF
RESOLUTION NO. 21714 RELATING TO A 51 UNIT
BOUTIQUE HOTEL AT THE SOUTHWEST CORNER OF
TAHQUITZ CANYON WAY AND CAHUILLA ROAD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On or about September 20, 2006, the City Council adopted Resolution No 21714
approving Planned Development District 322 for the development of a 51-unit boutique
hotel at the corner of Tahquitz Canyon Way and Cahuilla Road in the City of Palm
Springs, California (the "Palm Hotel")-
B, Subsequent to the Council's adoption of this Resolution, Advocates for Better
Community Development initiated a lawsuit against the City challenging the City's
approval of the Palm Hotel on several grounds- The Superior Court of Riverside County
ultimately determined that the City Council did not make an express finding relating to
over-height structures as required under the City's Municipal Code and issued a
preemptory writ of mandate instructing the City to "set aside [its] resolution approving
the Palm Hotel project' reconsider [its] action . . . and take any further action
enjoined on [it] by law . . .."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESOLVES:
SECTION 1. The City of Palm Springs hereby vacates, rescinds, and otherwise sets
aside approval of Resolution No. 21714 approving the Palm Hotel project.
SECTION 2. The City Attorney shall submit a copy of this resolution to the Superior
Court of Riverside County in satisfaction of the requirements of the peremptory writ of
mandate.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JULY, 2008.
David H. Re - anager
ATTEST:
?Ymes Thompson, City Clerk
Resolution No. 22326
July 30, 2008
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 22326 is a full, true and correct coy, and was adopted at a regular
meeting of the Palm Springs City Council on the 30T day of July, 2008, by the following
vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, Gity Clerk d�����2c�O�
City of Palm Springs, California
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