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HomeMy WebLinkAboutTT 4489-1 HIGHWAY 111 FRED WARING DRIVE RESIDENTIAL 1977 INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the City Council FROM: Director of Public Works SUBJECT: Tract 4489-1 (Monumentation Bond) DATE: March 9, 1978 Recommendation: Adopt a motion authoriz' the City Clerk to send a letter to the Count o Rn de releasing the Monumen- tation Bonds for Trac4 Discussion: The monuments for Tract 4489-1 have been completed. Therefore, I recommend that the bond be released. t APPLICATION FOR USE CERTIFICATE - ItSCEIVE To: Zoning Administrator © 19�? City of Palm Desert AUG 3 45-275 Prickly Pear Lane 0j4f4kl41'AL SERVICES Palm Desert, CA 92260 �� OF, PAM DESERT, Re: Use Certificate - Tract 4489-1 Dear Sir: Eagle Development Company hereby makes application for a Use Certificate under Section 25. 42-2 of the Zoning Ordinance of the City of Palm Desert. Tract 4489-1 is located southwesterly of Highway 111, northeasterly of Painter' s Path and easterly of Avenue 44. The proposed use is a planned residential development in accordance with Conditional Use Permit No. 1371 and Variance No. 1171 granted by the County of Riverside. Plans for this project were submitted to the Design Review Board with an application filed July 6, 1977. The proposed use of the project is in conformity with the Zoning Ordinance of the City of Palm Desert for the following reasons. Section 25. 5-3 provides: "Notwithstanding the provisions of this Article or any other provisions of this Ordinance, no new or addi- tional variance, conditional use permit or license shall be required for any land use heretofore authorized by the City of Palm Desert or the County of Riverside by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the above mentioned governmental entitlement, and provided further that conditions thereof are complied with and that substantial construction has begun on a portion of the project. " In March of 1972 the County of Riverside issued Conditional Use Permit No. 1371 and Variance No. 1171 and approved all of Tract 4489, a Final Tract Map encompassing Tract 4489-1 having been filed in November of 1973. Since the issuance of the Conditional Use Permit, Variance and approval of Tentative and Final Tract Maps there has been substantial reliance on those government entitlements and substantial construction has begun on a portion of the project. Zoning Administrator Page Two In September of 1974 and again in September of 1975 the City Council of the City of Palm Desert made findings to this effect and found that the Conditional Use Permit and Variance referred to were valid and in effect. All of the conditions ` to the Conditional Use Permit, Variance and Tract Map for Tract 4489=1 . have been complied with and the proposed project as delineated on the plan submitted to the Design Review Board is identical to the one in the plans approved in connection with the grant of the Conditional Use Permit and Variance in all material respects. Accordingly, the proposed project conforms with the Zoning Ordinance of the City of Palm Desert by virtue of Section 25. 5-3 and the applicant requests that the Use Certificate be issued as required by Section 25. 42-2. Respectfully submitted, EAGLE DEVELOPMENT C MPANY n OFFICE OF THE RAY T. SULLIVAN, JR. COUNTY COUNSEL DEPUTIES COUNTY COUNSEL RIVERSIDE COUNTY J OEL BRAND JAMES H. ANGELL 3535 TENTH STREET, SUITE 300 W.W. MILLER ASSISTANT RIVERSIDE, CALIFORNIA 92501 STEVEN A.BROILES PETER H. LYONS GERALD J. GEERLINGS TELEPHONE (714) 787-2421 JERRY A. SCHEER SENIOR DEPUTY (] LOYAL E. KEIR July 26, 1977 GERALD BLANKENSHIP.JR. ROBERT WESTMEYER EDWARD D. PALMER "�aJLd L.THOMAS KRAHELSKI WILLIAM C.KATZENSTEIN The Honorable Edward Mullins A 1 G 1 1977 WILLIAM P. J. AVIS DS T Mayor of Palm Desert IMOTHY J.DAMS D IANE K. BARTOLF 45275 Prickly Pear Lane WEiN G,I;y HALL Palm Desert, California 92260 Re: Morgan-Mitsubishi Development Co. (Developer) Federal Insurance Company (Surety) Improvements Relating to Tract 4489-1 (Palm Desert Area) Dear Sir : This is to advise you that the developers of the above-listed subdivision, which since the incorporation of Palm Desert has been within your jurisdictional boundaries, have failed to complete those improvements which they agreed to construct as a condition of approval of the subdivision by the County. As a result they are currently in default as far as their contractual obligations are concerned. A review of the files of the County regarding this subdivision reveals the following information. The subdivision is located at the junction of Highway 111 and 44th Avenue and was filed in late 1971 as Tract No. 4489-1. The developer was and is Morgan- Mitsubishi Development Co. and the Surety is Federal Insurance Company. As a part of the approval of the subdivision by the Board of Supervisors on October 30, 1973, the developer executed the necessary agreements and obtained the required bonds from the Surety. The agreements provided that the developer would, within one year of approval of the subdivision by the Board of Supervisors, construct and set the required survey monuments and tie points. Surety bonds were obtained from the Federal Insurance Company to guarantee the completion of the work. As of July 6, 1977, these improvements have not yet been completed. The surety bonds guaranteeing completion of -the improvements are still in effect. However, in our opinion, suit will have to be filed if the improvements are to be completed since demand letters from this office have produced no response from either the developer or the Surety. Section 66413 of the Government Code provides that "when any area in a subdivision as to which a final map has been finally approved - 1 The Honorable Edward Mullins Page Two July 26, 1977 by a board of supervisors and filed for record pursuant to this division, is thereafter annexed to a city, the final map and any agreements relating to such subdivision shall continue to govern such subdivision. " Thus, the agreements and bonds continue to govern even though the City of Palm Desert is now incorporated. It is our conclusion that the County no longer has the interest necessary to require the completion of the improvements since the subdivision is now within the city limits of Palm Desert. Neverthless, we have no objection to the City, if it chooses to file suit, naming the County of Riverside as a co-plaintiff since Section 66413 of the Government Code does not clearly indicate which entity is entitled to file suit to force completion of the improvements. In short, if the City determines that it desires to enforce its rights and require the completion of the subdivision improvements we suggest that the matter be referred to the City Attorney for appropriate action. Very truly yours, Ray T. Sullivan, Jr . County Counsel gy� ��Pi1�Zli. Robert Westmeyer Deputy County Counsel RW:nlp