Sapinish Inn v. Nara Bank CA4/1

I. FACTUAL BACKGROUND

Because this matter comes before us as a result of the court's sustaining cross-

defendants' demurrers, we take the factual background from the applicable cross-

complaint, exhibits attached thereto, and matters of which the court took judicial notice.

A. Subdivision Map Approval

On September 7, 2005, the City adopted Resolution No. 21388 conditionally

approving a tentative subdivision map permitting the subdivision of a 1.46-acre parcel for

a hotel and residential condominium units at the location of 640 North Indian Canyon,

Palm Springs (the project). The project also included a use permit authorizing multi-

family construction as a part of the project.

Among the conditions of approval was condition 5 requiring Spanish Inn to be

"responsible for the design and construction of the street improvements required to

implement the 'Movie Colony Traffic Calming Program' [Traffic Program]." Condition

3 stated, "The Engineering Division has estimated the total cost of the 'Movie Colony

Traffic Calming Program' at approximately $362,000 with an estimated fair share of the

$111,000 assigned to the proposed development."…