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Home My WebLink AboutORD 386ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 TO PR-7 AND APPROVING A DEVELOPMENT AGREEMENT TO FURTHER CONDITION THE ZONE CHANGE. CASE NO. C/Z 84-7 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the zoning ordinance, the zoning map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That the proposed development agreement is consistent with the general plan and zoning ordinance and specifically implements a precise plan. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, 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 Palm Desert City Council on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI AND WILSON ABSTAIN: NONE eT WALTER H. SNYDE , M or ATTEST: SHEILA R. GI IGAN, 90 Clerk City of Palm Desert, Ca ifornia /lr 3.F P C. (4) S. 1F, (?-P 11-77) CITY D7 PALM [DESERT LP--)!� ul A Ik G H W A '7 -T Y CC U N C I L 0 P 1) 1 N A N C E N 0, 3�Cp DATE N I I ORDINANCE N0. 386 EXHIBIT "B" CATWIL CORPORATION DEVELOPMENT AGREEMENT This agreement, made as of this 27th day of January , 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and CATWIL CORPORATION (hereinafter "DEVELOPER") provides: Recitals DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, 7 attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: r ORDINANCE NO. 386 Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. 386, Precise Plan and Planning Commission Resolution No. 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Community Development/Planning. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party r ORDINANCE NO. 386 i shall be entitled to reasonable attorney's fees together with other legally allowable�,costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing ' programs. If affordable housing density bonuses are desired, the zoning s shall revert to PR-5. 8. The AGREEMENT shall be construed according to the laws of the State of California. if any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. i 9. Each of the parties hereto covenants and agrees that it has the legal capacity to made the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly 1 authorized official acting in his official capacity. ORDINANCE NO. 386 IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. CAJIOR T10 (Notarized) ATTEST: ORATE ACKNOWLEDGMENT ate of t ? t'L 1 SS. ounty of OFFICIAL SEAL HELEN A. BENNETT 14 Notary Public — California ' SAN JOAQUIN COUNTY My cu,rm. h°. Apr. 2• I937 3CLRATE ACKNOWLEDGMENT state of SS. ,ounty of r OFFICIAL SEAL ]A��HELEN A. BENNETT� Notary Public — California SAN JOAQUIN COUNTY THE TY OF PAI M DESER RIC ARD S. KE LY, MAYOR NO O2�202 e'_ On this the ) c ay of - 19-.L,, before me, the undersigned Notary Public, personally appeared ,( personally known to me ,1 proved to me on the basis of satisfactory evidence to by the person(s) who exec ted the within instrument as a L'Zsr%_ _ "LL,_ . �� —,or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Ia �,( ,lam Z i �. i_.l' ^• .. � -- "J�r s Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 NO. 202 On this the,A day of 19 �la_, before me, u the undersigned Notary Public, personally appeared V, personally known tome Ei proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature ----- -- -- - - --. _............._•,... _ ..,.,..., .,__...._ e... _ e., c.....cx . w,.MI-1 Nills r.A 91ruta OF�DINANCE NO. 386 EXHIBIT 1 THL.T PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TCWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, 1N THE COACHELLA VALLEY COUNTY WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOk4S: EEGINNING AT THE SOUTHWEST' CORNER OF SAID WEST HALF; THENCE NORTH 00002' EAST ALONG THE WESTERLY L1NE.OF SAID WEST HALF, 1505.72 FEET; THENCE NORTH 78030' EAST, 337.57 FEET; THENCE SOUTH 89010' EAST; 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF WHITE14ATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'S MAP NO. 25G, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922.45 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET, TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046' WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 As INSTRUMENT NO. 5069• ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS 1NSTRLMENT N0. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24, 1972 AS INSTRUMENT NO. 68067 OF OFFICIAL RECORDS.