HomeMy WebLinkAboutRes No 2468PLANNING COMMISSION RESOLUTION NO. 2468
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A SECOND AMENDMENT
TO DEVELOPMENT AGREEMENT 02-01 ALLOWING A 25-FOOT
2-INCH MAXIMUM ROOF HEIGHT FOR A TWO-STORY
DETACHED GARAGE/CASITA UNIT ON 19 LOTS WITHIN
STONE EAGLE GOLF COURSE
CASE NOS: DA 02-01 AMENDMMENT #2 AND MISC 08-15
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
19th day of February, 2008, hold a duly noticed public hearing to consider the request of STONE
EAGLE DEVELOPMENT, LLC.; 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 facts and reasons to exist to justify recommending approval of a second
amendment to Development Agreement 02-01:
1. The proposed amendment to Stone Eagle's Development Agreement is
consistent with the original approved project and is accord with the objectives of
the Hillside Planned Residential zone.
2. Stone Eagle Development is currently under construction and the proposed
amendment will not change or alter any of the previous conditions of approval
and will not be detrimental to the public health, safety or general welfare, or be
materially injurious to properties or improvements in the vicinity.
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
Commission in this case.
2. That approval of Development Agreement 02-01 Amendment #2, as described in
Exhibit E, and Miscellaneous 08-15 are hereby recommended to the City
Council, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of February, 2008, by the following vote, to wit:
AYES: CAMPBELL, LIMONT, TSCHOPP
NOES: SCHMIDT, TANNER
ABSENT: NONE
ABSTAIN: NONE
DAVID~E.. TSCHOP , Chairper on
P
ATTEST:
URI AYLAIAN, Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO. 2468
CONDITIONS OF APPROVAL
CASE NOS. DA 02-01 AMENDMENT #2 AND MISC 08-15
Department of Community Development:
1. That all conditions of approval imposed on the original Tentative Tract Map
30438 and Development Agreement 02-01 shall apply to this application except
for the proposed amendment as described in Exhibit E, attached.
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PLANNING COMMISSION RESOLUTION NO. 2468
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
Attn: Carlos Ortega
73-510 Fred Waring Drive
Palm Desert, CA 92260
EXEMPT FROM FILING FEE PURSUANT
To GOVT. ('ODE §6103
Space Above This Line For Recorder's Use
Second Amendment to Development Agreement 02-01
This Second Amendment to Development Agreement (this "Second
Amendment") is made and entered into as of this day of , 2008, by and
between the CITY OF PALM DESERT, a California municipal corporation ("City"), and
STONE EAGLE DEVELOPMENT, LLC ("Developer") as successor -in interest to
DESTINATION DEVELOPMENT CORPORATION, a California corporation ("DDC") (City
and Developer 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 entered into that certain Development Agreement 02-01 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
Development Agreement 02-01" dated as of , 2007. The Agreement as amended by the
First Amendment is referred to herein as "Amended Agreement."
C. City and Developer now desire to amend the Amended Agreement in the manner
set forth herein pursuant to Section 1000 of the Amended Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises
of the Parties, the Parties hereto agree as follows:
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PLANNING COMMISSION RESOLUTION NO. 2468
AGREEMENT
1. Effective Date. This Second Amendment shall become effective on the date,
which is two (2) business days after the date, which is thirty (30) days after date of final adoption
by the City of the ordinance approving this Second Amendment ("Effective Date"). From and
after the Effective Date, all references to the Amended Agreement shall automatically be deemed
to mean the Amended Agreement as amended by this Second Amendment.
2. Defined Terms. All capitalized terms used but not defined herein shall have the
meaning set forth in the Amended Agreement.
3. Effect on Site. This Second Amendment will bind the Site upon the Effective
Date.
4. Amendment to Section 203(1). From and after the Effective Date, the last
sentence in Section 203 (1) shall be revised to read: "Permitted building heights and set backs
shall be consistent with those set forth on Exhibit D, attached hereto, as amended by Exhibit E,
attached to the Second Amendment to Development Agreement 02-01."
5. Exhibit E. Exhibit E, attached hereto, shall be Exhibit E of the Amended
Agreement, and shall amend the development standards of Exhibit D of the Amended
Agreement.
6. Covenants Run With Land. It is specifically understood and agreed by and
between the Parties hereto that the Amended Agreement and this Second Amendment shall not
he severable from Developer's interest in the Site, and the provisions of the Amended
Agreement as amended by this Second Amendment shall constitute covenants which shall run
with the Site or any portion thereof upon the recordation of this Second Amendment, and that
thereafter the benefits and burdens of the Amended Agreement as amended by this Second
Amendment shall bind and inure to all successors in interest to the Parties who acquire any
interest in the Site.
7. Interpretation. This Second Amendment shall be interpreted to give each of the
provisions their plain meaning. The Recitals are incorporated into this Second Amendment.
8. Entire Agreement. This Second Amendment is executed in duplicate originals,
each of which is deemed to be an original. This Second Amendment consists of four (4) pages,
which constitute the entire understanding of the Parties as to the matters set forth in this Second
Amendment.
9. Status of Amended Agreement. Except as modified by this Second Amendment,
the terms and provisions of the Amended Agreement shall remain in full force and effect.
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PLANNING COMMISSION RESOLUTION NO. 2468
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the
date and year first above written.
"CITY" CITY OF PALM DESERT, a California
Municipal Corporation
Effective Date: By:
, 2008
(Mayor, City of Palm Desert)
Attest:
Carlos L. Ortega
City Manager
Approved as to form:
David Erwin
City Attorney
"DEVELOPER" STONE EAGLE DEVELOPMENT, LLC
a Delaware limited liability company
Date of Submission by Developer: By:
, 2008
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PLANNING COMMISSION RESOLUTION NO. 2468
STATE OF CALIFORNIA
COUNTY OF
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ss.
On , beforc me, , Notary Public,
personally appeared
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.
Witness my hand and official seal.
[SEAL]
STATE OF CALIFORNIA
COUNTY OF
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ss.
Notary Public
On , before me, , Notary Public,
personally appeared
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.
Witness my hand and official seal.
[SEAL]
Notary Public
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PLANNING COMMISSION RESOLUTION NO. 2468
DA 02-01 EXHIBIT "E"
AMENDED DEVELOPMENT STANDARDS
In addition to the development standards described in Exhibit "D" for Development
Agreement 02-10, the following standards have been amended:
Building Height for 19 Southridge Units:
The maximum building height for the Southridge Homes with a two-story garage/casita
shall be 25 feet 2 inches from the approved pad height elevation. The following Tots are
approved at this height limit:
Lots 22-26, Lots 28-34, 38-44.
All other lots and main homes shall not exceed 20 feet tall from the approved pad
heights based on the original approval in Exhibit D of Development Agreement 02-01.
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