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HomeMy WebLinkAboutRes No 2077PLANNING COMMISSION RESOLUTION NO. 2077 A RESOLUTION OF THE PLANNING COM MISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A FIVE-YEAR TIME EXTENSION TO AN EXISTING PREANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND RANCHO MIRAGE INDUSTRIAL PARK, A CALIFORNIA LIMITED PARTNERSHIP, RUYEN INTERNATIONAL CORPORATION; HENRY MELBY, TRUSTEE OF THE B.H. FORTNER TESTAMENTARY TRUST; AND BERNARD AND JEANETTE DEBONNE, FOR THE FUTURE DEVELOPMENT OF REAL PROPERTY LOCATED WITHIN ANNEXATION NO. 30. CASE NO. DA 92-3 PREANNEXATION DEVELOPMENT AGREEMENT WHEREAS, the City Council of the City of Palm Desert, California, did adopt Ordinance No. 696 on December 17, 1992 approving the above noted preannexation development agreement; and WHEREAS, Ordinance No. 696 provides that the agreement will continue for a period of ten (10) years; and WHEREAS, Noble & Company LLC has requested a five (5) year time extension to Ordinance No. 696; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 2001, hold a duly noticed public hearing to consider the requested time extension; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following: 1. The City is under no obligation to consider or grant the requested time extension. 2. Ordinance No. 696 does not provide language authorizing a time extension. 3. The original ten (10) year term of approval provided ample time to allow the property owners to develop the properties under the terms of Ordinance No. 696. 4. The City has changed numerous development standards over the past eight and a half years which should not be precluded from imposition due to extension of the provisions of Ordinance No. 696. PLANNING COMMISSION RESOLUTION NO. 2077 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby deny a request for a five (5) year time extension to Ordinance No. 696, a preannexation development agreement between the City of Palm Desert and Rancho Mirage Industrial Park, a California Limited Partnership, Ruyen International Corporation; Henry Melby, Trustee of the B.H. Fortner Testamentary Trust; and Bernard and Jeanett DeBonne. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 2001, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TSCHOPP, LOPEZ NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: PHILIP DRELOSecretary Palm Desert Planning Commission 2 LOPEZ, ' � person