HomeMy WebLinkAboutORD 1186ORDINANCE NO. 1186
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING FIRST AMENDMENTS TO THE
DEVELOPMENT AGREEMENTS RELATING TO THE EXPANSION OF
SAKS 5T" AVENUE AT THE EXISTING GARDENS ON EL PASEO AND
THE EL PASEO VILLAGE REMODEL.
WHEREAS in a series of approvals culminating in the May 22, 2008, adoption of
Resolution No. 08-42 and the June 12, 2008, adoption of Ordinance No. 1156, the City
Council of the City of Palm Desert approved an expansion of the existing Saks Fifth
Avenue Building at The Gardens on El Paseo shopping center (the "Gardens") and
approved the redevelopment of the adjacent El Paseo Village shopping center (the "El
Paseo Village Center"); and
WHEREAS through Ordinance No. 1156, the City Council of the City of Palm
Desert approved Development Agreement 07-04 between the City and Gardens SPE II,
LLC for the Gardens project and Development Agreement 07-03 between the City and
El Paseo Land Company, LLC for the El Paseo Village Center. Upon review of the
Agreements, the City, SPE II, LLC and El Paseo Land Company, LLC have concluded
that each party is in compliance with the terms of each Development Agreement; and
WHEREAS minor amendments are proposed to each Development Agreement
to reflect changes to the Gardens and El Paseo Village Center projects (the "Revised
Project"); and
WHEREAS the First Amendments to Development Agreements 07-04 and 07-
03 have been duly noticed for public hearing, and the City Council conducted the public
hearing on June 11, 2009 where it considered all testimony of all interested persons;
and
NOW, THEREFORE, the City Council of the City of Palm Desert, California, does
hereby ORDAIN as follows:
1. The above recitals are true and correct.
2. The First Amendments to Development Agreements 07-04 and 07-03
have been subject to environmental review under the California
Environmental Quality Act through the City's May 22, 2008, Initial
Study/Mitigated Negative Declaration ("MND") and the Addendum to the
MND prepared and approved in connection with the Revised Project. The
First Amendments to Development Agreements 07-04 and 07-03 are
consistent with all applicable laws governing development agreements
and the amendment thereof, and further the health, safety and welfare of
the Palm Desert community.
ORDINANCE NO. 1186
3. The First Amendments to Development Agreements 07-04 and 07-03 are
hereby approved. The Mayor and City Clerk shall sign the First
Amendments to Development Agreements 07-04 and 07-03 on behalf of
the City, and the City Clerk shall cause the First Amendments to
Development Agreements 07-04 and 07-03 to be recorded in the official
records of the County of Riverside.
PASSED, APPROVED and ADOPTED this 25th day of June, 2009, by the
following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, AND SPEIGEL
NOES: NONE
ABSENT: KELLY
ABSTAIN: NONE
ROBERT A. SPIEG L, M Y R
ATTEST:
RA H LLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA