HomeMy WebLinkAboutOrd 1346 - DA 02-01 Amnd 3 - Stone Eagle 2nd Reading�.r!!gad-cR.11Yi�`s�hf+3^elayck4r:ew••,nc.xu�c�
ORDINANCE NO. 13� 6�,01rt'`EL�
AN ORDINANCE OF THE CITY COUNCIL OF TH n=cGRT
CALIFORNIA, CONSIDERING APPROVING A THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT)
LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE
TERMINATION OF OLD STONE TRAIL (APN: 652-090-002)
CASE NO: DA 02-01 Amendment No. 3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 281h day
of February 2019, hold a duly noticed public hearing to consider the request by Eagle 605,
LLC, for approval of the above -noted project request; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 151h day of January 2019, hold a duly noticed public hearing to consider the request by
Eagle 605, LLC, for a recommendation to the City Council for approval of the above -noted
project request; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, a further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, in that the Director of Community Development has determined
that the project will not have a negative impact on the environment and that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did find
the following facts and reasons, which are outlined in the staff report, exist to justify the
approval of said request:
1. The Development Agreement (DA) provides the City and the developer with a
higher degree of certainty of how the project will be developed, what associated
fees and improvements will be required, and assurance of consistency with City
policies, ordinances, regulations, and exceptions allowed as part of the DA.
2. Limiting grading and protecting natural resources are goals of both the City's R-H
General Plan Designation and the City's Hillside Planned Residential (HPR) zoning
district. As proposed, this project accomplishes two goals by reducing the overall
number of units within the Stone Eagle Development, and by designing the
proposed development into the existing terrain of the hillside such that grading is
minimized. There is no specific plan for this area.
ORDINANCE NO.
3. The vacant property is located within the City of Palm Desert and located adjacent
to the existing Stone Eagle Development. The site has vehicle access points via
Old Stone Trail. The pads have been located to blend with the natural terrain of
the property to the greatest extent feasible. Similar sites have been successfully
developed as single-family homes as is proposed here, demonstrating that these
sites are physically suitable for the proposed development
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That the City Council does hereby approve the project as proposed.
3. That Development Agreement 02-01 Amendment No. 3, Exhibit "A" attached hereto,
by Ordinance No. is hereby approved.
4. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effect
thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 28th day of February 2019, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
SUSAN MARIE WEBER, MAYOR
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ORDINANCE NO.
Exhibit "A"
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City of Palm Desert
Attn: City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
FOR THE BENEFIT OF THE CITY OF PALM DESERT
-NO FEE-
6103 OF THE GOVT. CODE
Space Above This Line For Recorder's Use
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
This Third Amendment to Development Agreement (this "Amendment") is made and
entered into as of this day of , 2019, by and between the CITY OF PALM
DESERT, a California municipal corporation ("City"), and STONE EAGLE, LLC ("Developer")
as successor -in -interest to DESTINATION DEVELOPMENT CORPORATION, a California
corporation ("DDC"), and Eagle 6.5, LLC ("Eagle"), the owner in fee of the Additional Property
(as hereinafter defined) (City and Developer and Eagle are, collectively, "the Parties"),
pursuant to the authority of Section 65864 et seq. of the Government Code of the State of
California.
RECITALS
A. City and DDC enter into that certain Development Agreement, dated as of
November 14, 2002, and recorded on March 11, 2003, as Document No. 2003-
172463, in the Official Records of Riverside County, California (the
"Agreement"). The Agreement was entered into to facilitate the development
of certain real property ("Site") more particularly described in the Agreement.
B. Subsequently, City and Developer entered into "First Amendment to the
Development Agreement 02-01" dated September 27, 2007 (Riverside County
Document #2007-0663645, recorded October 29, 2007), and "Second
Amendment to the Development Agreement 02-01" dated March 27, 2008
(Riverside County Document # 2008-0404071, recorded July 24, 2008).
The Developer now desires to make an additional approximately 7.7± acres
("Additional Property"), subject to the Agreement as amended by this
Amendment. All 7.7± acres of the Additional Property are located within the
City. The Additional Property is described as Tentative Parcel Map No. 37331
and is shown on Exhibit A-7 attached hereto. The Agreement (as amended)
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ORDINANCE NO.
sets forth the maximum number of residential dwelling units (each a "DU")
which is permitted on the Site. Of the maximum number of 60 DUs (plus one
caretaker residence) permitted on the Site, 44 have been developed, leaving
16 DUs plus the caretaker residence not yet developed. The Additional
Property will be allocated and entitled to use four (4) of the remaining 16 DUs,
one for each lot in the Additional Property. The Site will have twelve (12) DUs
plus the caretaker residence remaining for development after (and in addition
to) the allocation of the four (4) DUs to the Additional Property.
D. Eagle holds fee title to all of the Additional Property.
E. The Additional Property was annexed into the Site and the Stone Eagle
Owners' Association on by recordation of instrument number
F. City and Developer now desire to extend the term of the Agreement by ten (10)
years to February 27, 2029.
G. City and Developer now desire to amend the Agreement in the manner set forth
herein pursuant to Section 1000 of the Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises
of the Parties, the Parties hereto agree as follows:
AGREEMENT
Effective Date. This Amendment shall become effective on the date which is two (2)
business days after the date which is thirty (30) days after the date of final adoption by the
City of the ordinance approving this Amendment ("Effective Date"). From and after the
Effective Date, all references to the Agreement shall automatically be deemed to mean the
Agreement as amended by this Amendment.
Defined Terms. All capitalized terms used but not defined herein shall have the
meaning set forth in the Agreement.
Effect on Additional Property. This amendment will bind the Additional Property upon
the effective date since Eagle is a party hereto. In addition, the Additional Property shall be
subject to and bound by the Original Agreement set forth in Recital A and the First and Second
Amendments set forth in Recital B.
Expansion of Site. From and after the Effective Date, the Site will be expanded to add
thereto the Additional Property, consisting of an additional approximately 7.7± acres within
the City, and thereafter the term "Site" as used in the Agreement shall be deemed to include
both the original Site as defined in the Agreement as originally entered into, and the Additional
Property.
Revised Exhibits. On the Effective Date: (i) Exhibit A-7 attached to this Amendment
shall be included with Exhibit A attached to the Agreement: (ii) Exhibit C attached to this
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ORDINANCE NO.
Amendment shall be substituted for Exhibit C attached to the Agreement; and (iii) Exhibit D
attached to this Amendment shall be substituted for the Exhibit D attached to the Agreement.
Extension of Term. The Term of the Agreement currently expires on February 27,
2019. The Parties hereto hereby agree to extend the Term for an additional period of ten
(10) years to February 27, 2029.
Covenants Run With Land. It is specifically understood and agreed by and between
the Parties hereto that the Agreement and this Amendment shall not be severable from
Developer's and Eagles' interests in the Site, including the Additional Property, and the
provisions of the Agreement as amended by the Amendment shall constitute covenants which
shall run with the Site or any portion thereof upon the recordation against the Site, including
the Additional Property, of the Agreement and this Amendment, and thereafter the benefits
and burdens of the Agreement as amended by this Amendment shall bind and inure to all
successors in interest to the Parties.
Interpretation. This Amendment shall be interpreted to give each of the provisions their
plain meaning. The Recitals are incorporated into this Amendment.
Entire Aqreement. This Amendment is executed in duplicate originals, each of which
is deemed to be an original. This Amendment consists of seven (7) pages and three (3)
exhibits, which constitute the entire understanding of the Parties as to the matters set forth in
this Amendment.
Status of Aqreement. Except as modified by this Amendment, the terms and
provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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ORDINANCE NO.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date
and year first above written.
"CITY"
Effective Date:
, 2019
"DEVELOPER"
CITY OF PALM DESERT, a California
Municipal Corporation
By:
(Mayor, City of Palm Desert)
Attest:
City Clerk
Approved as to form:
City Attorney
STONE EAGLE, LLC
a Delaware limited liability company
Date of Submission by Developer: By:
"EAGLE"
, 2019
, 2019
X
EAGLE 6.5, LLC
By:
Robert J. Lowe, its
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ORDINANCE NO.
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On before me, , a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
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ORDINANCE NO.
EXHIBIT A-7
TENTATIVE PARCEL MAP 37336
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF PALM
DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
The Southeast quarter of Government Lot 2 in the Northwest quarter of Section 31, Township
5 South, Range 6 East, San Bernardino Meridian according to the official plat thereof.
Excepting therefrom that portion lying North of the South line of and its Easterly extension of
Tract No. 20024, in the City of Palm Desert, as shown by Map on file in Book 211, Page(s)
90 through 94, inclusive of Maps, in the Office of the County Recorder of Riverside County,
California.
Excepting therefrom that portion conveyed to the Coachella Valley County Water District by
deed recorded August 23, 1971, as Instrument/File No. 94950 of Official Records.
APN: 652-090-002
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ORDINANCE NO.
EXHIBIT D
BUILDING HEIGHTS AND SETBACKS
The following development standards shall apply for TPM 37336:
Minimum Buildinq Setbacks:
All custom lot setbacks will be reviewed on the individual merits of the submitted site plan. At
a minimum, the following setbacks shall be maintained.
Front Yard Setbacks: Fifteen (15) Feet
Rear Yard Setbacks: Ten (10) Feet
Interior Side Yard Setbacks: Five (5) Feet
Buildinq Heiqhts:
Residential buildings or structures shall not have a height exceeding twenty-six (26) feet from
the approved finished pad elevation. Roof -mounted equipment must be placed within said
height limitations and shall be screened from view. Chimney height and other projections
required by building codes will be examined on a case -by -case basis. Visual impacts and
privacy views to or from adjacent structures will be considered.
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