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Home My WebLink AboutRes No 2481PLANNING COMMISSION RESOLUTION NO. 2481 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL TO AMEND DEVELOPMENT AGREEMENT 06-02, DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT CASE NOS. DA 06-02 AMENDMENT #1, MISC 08-301 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th of August, 2008, hold a duly noticed public hearing to consider the request of Palm Desert Funding for the above mentioned project; 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 Development Agreement 06-02 Amendment #1: 1. Modification will not make any changes to the quality or extent of the project as approved, or to the level at which it is maintained. 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 06-02 Amendment #1, and Miscellaneous 08-301, 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 5th day of August 2008, by the following vote, to wit: AYES: CAMPBELL, CAMPBELL, LIMONT, TANNER NOES: NONE ---- ABSENT: SCHMIDT ABSTAIN: NONE ATTEST: LAUR AYLAIAN, Secretary Palm Desert Planning Commission VAN TANNER, Chairperson PLANNING COMMISSION RESOLUTION NO. 2481 CONDITIONS OF APPROVAL CASE NOS. DA 06-02 AMENDMENT #1 AND MISC 08-301 Department of Community Development: 1. That all conditions of approval imposed on the original Development Agreement 06-02 shall apply to this application except for the proposed amendment, attached. 2 PLANNING COMMISSION RESOLUTION NO. 2481 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Palm Desert Attn: City Clerk 73-510 Fred Waring Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT NO FEE 6103 FOR THE GOVERNMENT CODE Space above this line for Recorder's use First Amendment to Development Agreement 06-02 This First Amendment to Development Agreement 06-02 (this "Amendment') is made and entered into this as of this day of , 2008 by and between the CITY OF PALM DESERT, a California Municipal Corporation ("City"), and PALM DESERT FUNDING COMPANY, L.P. A DELAWARE LIMITED PARTNERSHIP ("Developer") ("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 Developer entered into that certain Development Agreement 06-02 dated as of the 8th day of March 2007 and recorded on April 2, 2007 as Document Number 2007- 0221432, and the official records of Riverside County, California (the "Agreement'). The Agreement was entered into to facilitate the development of certain real property (the "site") more particularly described in the Agreement. B. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 2.2 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree to as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two business days after the date which is thirty 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. 2. Defined Terms: All capitalized terms used but not defined herein shall have the meeting set forth in the Agreement. 3. Effect on Site: This Amendment will bind the Site upon the Effective Date. 4. Amendment to Exhibit "A": Exhibit "A" legal description shall be revised by removing the properties described in Exhibit "AA", attached, from the Site. The properties described in Exhibit "AA" shall no longer be a part of the property entitled and restricted under the terms of Development Agreement 06-02.Covenants Run With Land: It is specifically understood and agreed by and between the Parties hereto that the Agreement and this 3 PLANNING COMMISSION RESOLUTION NO. 2481 Amendment shall not be severable from Developer's interest in the Site and the provisions of this Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Amendment, and that 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 who require any interest in this Site. 5. Interpretation: This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 6. Entire Agreement: This Amendment is executed in duplicate originals each of which is deemed to be an original. 7. Status of Agreement: Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. 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: (Mayor, City of Palm Desert) , 2008 Attest: Carlos L. Ortega City Manager Approved as to form: David Erwin City Attorney "DEVELOPER" PALM DESERT FUNDING a Delaware limited liability company Date of Submission by Developer: By: , 2008 4 PLANNING COMMISSION RESOLUTION NO. 2481 STATE OF CALIFORNIA COUNTY OF ) ) ) ss. 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] STATE OF CALIFORNIA COUNTY OF ) ) ) 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 5 PLANNING COMMISSION RESOLUTION NO. 2481 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 3, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211 PAGES 63 THROUGH 75, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PORTOLA AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID COLLEGE DRIVE NORTH 89°54'28" EAST 121.37 FEET; THENCE NORTH 00°05'32" WEST 54 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47°41'41" WEST 45.19 FEET TO A LINE PARALLEL AND 38.00 FEET EAST OF THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID PARALLEL LINE, NORTH 00°05'32" WEST 110.11 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89°54'28" EAST 97.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 45.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 65°46'56" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY AND EASTERLY 71.68 FEET THROUGH A CENTRAL ANGLE OF 90°16'08" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 34.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 24°29'12" EAST; THENCE ALONG SAID CURVE EASTERLY 14.69 FEET THROUGH A CENTRAL ANGLE OF 24°23'40"; Continued on next page 6 Exhibit "AA" of DA 06-02 Amd 1 PLANNING COMMISSION RESOLUTION NO. 2481 501412638A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 THENCE TANGENT FROM SAID CURVE NORTH 89°54'28" EAST 13.33 FEET; THENCE SOUTH 00°05'32" EAST 126.81 FEET TO A LINE PARALLEL WITH AND 10 FEET NORTH OF THE SOUTHERLY LINE OF SAID PARCEL 3, SAID LINE ALSO BEING THE NORTHERLY RIGHT(S) OF WAY LINE OF SAID COLLEGE DRIVE; THENCE SOUTH 89°54'28" WEST 29.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 315.00 FEET; THENCE ALONG SAID CURVE WESTERLY 41.94 FEET THROUGH A CENTRAL ANGLE OF 07°37'41" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 363.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 07°32'10" WEST; THENCE ALONG SAID CURVE WESTERLY 48.33 FEET THROUGH A CENTRAL ANGLE OF 07°37'41"; THENCE TANGENT FROM SAID CURVE SOUTH 89°54'28" WEST 31.88 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 7 Exhibit "AA" of DA 06-02 Amd 1 PLANNING COMMISSION RESOLUTION NO. 2481 SEC. 33, T. 4S. , R.6E. C/L PORTOLA AVENUE LOT"H" 50 P. 0. C. 38' 50 0 50 100 150 SCALE: 1"=50' PARCEL 3 PARCEL MAP 31730 P.M.B. 211/63-75 TEMPORARY ACCESS EASEMENT WELL SITE 1 0.554 AC. T. P. O. B. 0 O 0 NORTHERLY RIGHT-OF-WAY LINE OF COLLEGE DRIVE C/L COLLEGE DRIVE DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N89°54'28"E -- 121.37' 2 N00°05'32"W -- 54.00' 3 N47°41'41"W -- 45.19' 4 N00°05'32"W -- 110.11' 5 N89°54'28"E -- 97.33' 6 90°16'08" 45.50' 71.68' 7 24°23'40" 34.50' 14.69' 8 N89°54'28"E -- 13.33' 9 500°05'32"E -- 126.81' 10 S89°54'28"W -- 29.98' 11 07°37'41" 315.00' 41.94' 12 07'37'41" 363.00' 48.33' 13 S89°54'28"W -- 31.88' EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. 0 u) I1 SOUTHERLY LINE OF PARCEL 3 oo M _ DENOTES TEMPORARY ACCESS EASEMENT L _ J RECORDED ON AS INSTRUMENT NO SHEET 1 OF 1 SHEET RIPF74-130 CC MTRY CL18 DRIVE. SUITE 201 PALM DES , CAUFOF%/A 92260-1655 CONSULTING 760-346-7481• FAX 703468315 • www.RBFcom DATE: MAY 8, 2007 JN: 20-100707-05 PLANNING • DESIGN ■ CONSTRUCTION 41 0 n 9 0 2 8 Exhibit "AA" of DA 06-02 Amd 1 PLANNING COMMISSION RESOLUTION NO. 2481 501418444A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP NO. 31730, FILED IN BOOK 211 PAGES 63 THROUGH 75, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF GERALD FORD DRIVE AND PACIFIC AVENUE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID GERALD FORD DRIVE, NORTH 89°56'07" EAST 373.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1000 FEET; THENCE ALONG SAID CURVE EASTERLY 523.05 FEET THROUGH A CENTRAL ANGLE OF 29°58'07"; THENCE LEAVING SAID CENTERLINE RADIALLY FROM SAID CURVE SOUTH 29°54'14" WEST 95 FEET TO THE TERMINUS OF A CURVE LYING 95 FEET SOUTHERLY AND CONCENTRIC WITH THE SAID CENTERLINE OF GERALD FORD DRIVE, BEING A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 905 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 29°54'14" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE SOUTHEASTERLY 189.39 FEET THROUGH A CENTRAL ANGLE OF 11°59'26"; THENCE NON -TANGENT FROM SAID CURVE SOUTH 22°13'53" WEST 139.12 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 283 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 22°13'53" WEST; THENCE ALONG SAID CURVE WESTERLY 102.99 FEET THROUGH A CENTRAL ANGLE OF 20°51'05"; THENCE NON -TANGENT FROM SAID CURVE NORTH 00°03'53" WEST 218.67 Continued on next page 9 Exhibit "AA" of DA 06-02 Amd 1 PLANNING COMMISSION RESOLUTION NO. 2481 501418444A Policy No.: CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 10 Exhibit "AA" of DA 06-02 Amd 1 PLANNING COMMISSION RESOLUTION NO. 2481 SEC. 33, T. 4S. , R.6E. TEMPORARY ACCESS EASEMENT $'^ T. P. O. B. N41°5340"E LRI N22°13'53"E (R) r- '" 01 ° 22' 48"W 1R1 �29°54'14"W IIRI PARCEL 4 PARCEL MAP 31730 P.M.B. 211/63-75 SCALE: 1 "=100' 100 0 100 200 300 jWESTERLY L INE OF PARCEL 4 EASTERLY RIGHT-OF-WAY J L INE OF PACIFIC AVENUE C/L PACIFIC AVENUE Fn SCALE: 1"=100' DATA TABLE ® BEARING/DELTA RADIUS LENGTH 1 N89'56'07"E -- 373.93' 2 29'58'07" 1000.00' 523.05' 3 S29°54'14"W -- 95.00' 4 11'59'26" 905.00' 189.39' 5 S22'13'53"W(R) -- 139.12' 6 20'51'05" 283.00' 102.99' 7 NOO'03'53"W -- 218.67' DENOTES TEMPORARY ACCESS EASEMENT RECORDED ON AS L---J INSTRUMENT NO. EXHIBIT "B n PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR WELL SITE PURPOSES. SHEET 1 OF 1 SHEET /311Pir 74-S30 COUNTRY CLUB DRIVE, SUITE 201 PALM DESERT, CALIFORNIA IA 92260-1655 CONSULTING 760-346-7481• FA)< 760.346.6315 • mArMIFc°m DATE: MAY 8, 2007 JN: 20-100707-06 PLANNING ■ DESIGN ■ CONSTRUCTION 11 Exhibit 11AA" of DA 06-02 Amd 1