HomeMy WebLinkAboutORD 398WHF',N
RE.-ORDED, MAIL TO: F'G.T: T!'E RE;i ;FIT OF T112
CITY
OF PALM DESERT C FAL.!
CITY
CLERK'S OFFICE 130 F-1 Z
73-510
FRED WARING DRIVE e103 OF THE GOVT. CODE
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PALM
DESERT, CA 92260 1
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ORDINANCE NO. 398
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
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OF PALM DESERT CALIFORNIA APPROVING A
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DEVELOPMENT AGREEMENT ALLOWING PLANNING
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AND DEVELOPMENT OF A 58 LOT HILLSIDE
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SUBDIVISION TT 19503 IN TWO PHASES UNDER OPTION
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4 OF THE HILLSIDE PLANNED RESIDENTIAL DISTRICT
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SECTION 25.15.030 AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT.
CASE NO. DA-9
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th
day of November, 1984, hold a duly noticed public hearing to consider a request by
GEORGE FOX for approval of a development agreement to allow the planning and
development of TT 19503 in two phases under provisions of Option 4 of section 25.15.030
of the Hillside Planned Residential District and a Negative Declaration of Environmental
Impact.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89," in that the planning commission has determined that the project
will not have a significant adverse impact on the environment and a negative declaration
of environmental impact has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments of all interested persons desiring to be heard, said city council did find the
following facts and reasons to exist to approve the development agreement:
1. The provisions of the agreement insure that the city's interest in preserving
the aesthetic quality of the hillside is protected.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
i. i itat %ile above reci a ions are rue and correct coast.;Utt Vic findin,,-
of the commission in this case;
2. That the Fox Development Agreement DA-9 Exhibit "A" is approved.
3. That - f Environmental
i�a Negative Declaration Jl tat Impact 15 aaEiCGYeu.
4. The city clerk is directed to publish this ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, shall certify to the passage of adoption of this
ordinance, and shall submit this ordinance for recordation to the Riverside
County Recorder, and the same shall be in full force and effect thirty (30)
days after its adoption.
PASSED, APPROVED and ADOPT ED at a regular meeting of the Palm Desert City
Council, held on this loth day of January, 1985, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BENSON, JACKS ON , KE;_L Y, WILSON
NONE
SNYDER
NONE
ATTEST:
SHEILA R. CAUIGAN,0ty Clerk
City of Palm Desert, 4t4lifornia
Am
DIU& ICC,LL Y Mayor Pro- mpore
i_ :i.i-1 D;?C!..1�kr`ir�i7l�ICAIEI
Dated.
S{-irDLtt P. GILLIGMN, City Cleth
City of Falrn Desert, Czlifornia
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B: �s ..
ORDINANCE NO. 398
EXHIBIT "A"
AGREEMENT
This is an Agreement made by and between G. George Fox (herein "Fox")
and the City of Palm Desert, California (herein "City") made this lOrh day of
January , 1985, in view of the following recitals:
A. Fox is the owner of a 97-acre tract of real property described on
Exhibit "A" attached (herein "Real Property").
B. The Real Property is subject to the West Hills Specific Plan GPA 03-
82 and Hillside Planned Residential District Zoning Ordinance No. 322, both adopted by
the City Council of the City of Palm Desert on February 24, 1983.
C. On September 6, 1983, the Planning Commission of the City, pursuant
to Resolution No. 880, approved Tentative Map No. 19503 for the Real Property.
D. Fox filed with the City of Palm Desert , 1984, his application to
revise Tentative Tract Map 19503 to the configuration of Lots of the Tentative Tract Map
attached marked Exhibit "B" (herein "Revised Tentative Tract Map 19503").
E. Revised Tentative Tract Map 19503 contemplates the development of
the Real Property in two phases, Phase I consisting of 29 lots, and Phase II consisting of a
maximum of 29 units.
F. The members of the Planning Commission have indicated the
Commission will consider approving Tentative Tract Map 19503 subject to the provisions
of this Agreement.
NOW THEREFORE, for a valuable consideration, it is agreed by and
between Fox and the City as follows:
1. Revised Tentative Tract Map 19503 shall replace Tentative Tract
Map 19503 adopted by the Planning Commission on SEpternber 6, 1983.
2. .ail of the conditions to T.=nta -ive Tra: _ Map 1950: 2-,jopted pursuant
to Resolution 880 adopted by the Planning Commission on September 6, 1983, and updated
in accordance to any applicable revisions to the Palm Desert Municipal Code, are
conditions to the approval by Planning Commission of Revised Tentative Tract Map 19503
except Condition No. 2 is revised to state the Applicant shall have 24 months within which
to file the Final Map or Maps unless an extension of time as permitted by Code is granted
by the Planning Commission.
-2-
ORDINANCE NO. 398
3. Phase I consisting of 29 lots may be processed for a final tract map
independent of the processing of Phase II for the final map.
tv 4. If the Applicant can demonstrate the ability to develope Phase II
consistent with the West Hills Specific Plan, GPA 03-82, and the Hillside Planned
Residential District Zoning Ordinance No. 322, up to a maximum of 29 residential units
may be developed in Phase II.
5. This Agreement shall not be effective unless it and Revised Tentative
Tract Map 19503 are concurrently approved by the Final Action by the Planning
Commission and/or City Council with conditions consistent with this Agreement.
6. This Agreement shall run for a maximum of three (3) years from the
date of execution.
Dated this 31st day of January , 1985.
G. G R4 FOX
CITY OF PALM DESERT
i
y
WALTER H. SNYDER, MAYOR/
STATE OF CALIFORNIA ;ss
COUNTYOF �1v� QSQ(� _
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On "LLHKI. 31 1 S G + before me, the undersigned. a Notary Fublic in and for
said State, perscnally appeared,_ G-RG.�. �oX
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personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose names) is/ara su
scribed to the within instrument and acknowledged to m � th
he/she/they executed the same.
WITNESS my hand and official seal.
Signatur
a
OFFICIAL SEAL
MARY P. FRAZIER
NOTARY PUBLIC—CALIFORNIA
NOTARY BOND FILED IN
N
RIVERSIDE COUNTY
My Commission Expires June 6, 1986
(This area for official notarial seal)
ORDINANCE NO. 398
EXHIBIT "A"
O
In the City of Palm Desert, County of Riverside, State of California, described as follows:
O
c4 PARCELI:
That portion of the Southwest quarter of Section 19, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, lying Westerly of the Westerly line of that certain 150 foot
wide strip of land in favor of Coachella Valley County Water District, by Deed recorded
January 25, 1950 in Book 1142 page 134 of Official Records of Riverside County,
California;
EXCEPTING therefrom that portion thereof described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE South 890 14' 36" West along the South line of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachella Valley County Water District Storm
Water Channel Right -of -Way (being 150.00 feet wide) and the TRUE POINT OF
BEGINNING;
THENCE continuing South 890 14' 36" West along said South line to the Southwest corner
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 890 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
f:T:f:Z� �►.la
An easement for ingress and egress over a portion of the Northwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, being 60.00 feet in
width;
PARALLEL with and concentric with the Coachella Valley County Water District Flood
Control Right -of -Way (150 feet wide), being bounded on the North by the South Right -of -
Way of Highway No. ill (80 fees wide), as deeded to County of Riverside August 5, 1930
in Book 876 page 75 of Deeds, Records of Riverside County, California; and bounded on
the East by said Easterly Right -of -Way of Coachella Valley County Water District Right -
of -Way, and on the Southerly line of the Northwest quarter of said Section 19.
PARCEL 3:
An easement for ingress and egress over a portion of the Southwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows:
The Easterly 30 feet of the following described property:
COMMENCING at the Southeast corner of said Suuthwest quarter;
THENCE South 890 14' 36" West along the South line of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachella Valley County Water District Storm �
Water Channel Right-of-Wz y (being 150.00 feet wide) and the TRUE POINT OF
BEGINNING; i
THENCE continuing South 850 14' 36" West along sa,d ',ort:i lire io :hie Southwest corn-.r
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 890 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
PARCEL 4:
-4-
`&R
ORDINANCE NO. 398
An easement for ingress, and egress over that portion of the Southeast quarter of Section
19, Township 5 South, Range 6 East, San Bernardino Base and Meridian, and over that
portion of the Northeast quarter of Section 30, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, described as follows:
Being the South 30.00 feet (measured at right angles) of the Southeast quarter of said
Section 19, and being the North 30.00 feet (measured at right angles), of the Northeast
quarter of said Section 30, both being bounded on the East by the Westerly Right -of -Way
line of Willow Street (66 feet wide), as deeded to the County of Riverside, February 1965,
as Instrument No. 29434, and bounded on the West by the Easterly Right -of -Way line of
Coachella Valley Water District Flood Control Right -of -Way (150 feet wide).
-5-
ORDINANCE NO. 398
EXHIBIT "B"
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10
ORDINANCE NO. 398
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT ALLOWING PLANNING
AND DEVELOPMENT OF A 58 LOT HILLSIDE
SUBDIVISION TT 19503 IN TWO PHASES UNDER OPTION
4 OF THE HILLSIDE PLANNED RESIDENTIAL DISTRICT
SECTION 25.15.030 AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT.
CASE NO. DA-9
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th
day of November, 1984, hold a duly noticed public hearing to consider a request by
GEORGE FOX for approval of a development agreement to allow the planning and
development of TT 19503 in two phases under provisions of Option 4 of section 25.15.030
of the Hillside Planned Residential District and a Negative Declaration of Environmental
Impact.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89," in that the planning commission has determined that the project
will not have a significant adverse impact on the environment and a negative declaration
of environmental impact has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments of all interested persons desiring to be heard, said city council did find the
following facts and reasons to exist to approve the development agreement:
1. The provisions of the agreement insure that the city's interest in preserving
the aesthetic quality of the hillside is protected.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case;
2. That the Fox Development Agreement DA-9 Exhibit "A" is approved.
3. That a Negative Declaration of Environmental Impact is approved.
4. The city clerk is directed to publish this ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, shall certify to the passage of adoption of this
ordinance, and shall submit this ordinance for recordation to the Riverside
County Recorder, and the same shall be in full force and effect thirty (30)
days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this loth day of Janus, 1985, by the following vote, to wit:
AYES: BENSON, JACKSON, KELLY, WILSON
NOE-5: NONE
ABSENT: SNYDER
ABSTAIN: NONE
ATTEST: --
SHEILA R. GlUIGANXqty Clerk
City of Palm Desert, lifornia
Am
I a a, (- �
KELLY, Mayor Pro- mpore
ORDINANCE NO. 398
EXHIBIT "A"
AGREEMENT
This is an Agreement made by and between G. George Fox (herein "Fox")
and the City of Palm Desert, California (herein "City") made this lot -I, day of
January , 1985, in view of the following recitals:
A. Fox is the owner of a 97-acre tract of real property described on
Exhibit "A" attached (herein "Real Property").
B. The Real Property is subject to the West Hills Specific Plan GPA 03-
82 and Hillside Planned Residential District Zoning Ordinance No. 322, both adopted by
the City Council of the City of Palm Desert on February 24, 1983.
C. On September 6, 1983, the Planning Commission of the City, pursuant
to Resolution No. 880, approved Tentative Map No. 19503 for the Real Property.
D. Fox filed with the City of Palm Desert , 1984, his application to
revise Tentative Tract Map 19503 to the configuration of Lots of the Tentative Tract Map
attached marked Exhibit "B" (herein "Revised Tentative Tract Map 19503").
E. Revised Tentative Tract Map 19503 contemplates the development of
the Real Property in two phases, Phase I consisting of 29 lots, and Phase II consisting of a
maximum of 29 units.
F. The members of the Planning Commission have indicated the
Commission will consider approving Tentative Tract Map 19503 subject to the provisions
of this Agreement.
NOW THEREFORE, for a valuable consideration, it is agreed by and
between Fox and the City as follows:
1. Revised Tentative Tract Map 19503 shall replace Tentative Tract
Map 19503 adopted by the Planning Commission o,I SepLernber 6, 1983.
2. All of the conditions to Tentative Tract Map 19503 adopted pursuant
to Resolution 880 adopted by the Planning Commission on September 6, 1983, and updated
in accordance to any applicable revisions to the Palm Desert Municipal Code, are
conditions to the approval by Planning Commission of Revised Tentative Tract Map 19503
except Condition No. 2 is revised to state the Applicant shall have 24 months within which
to file the Final Map or Maps unless an extension of time as permitted by Code is granted
by the Planning Commission.
-2-
ORDINANCE NO. 398
3. Phase I consisting of 29 lots may be processed for a final tract map
independent of the processing of Phase II for the final map.
4. If the Applicant can demonstrate the ability to develope Phase II
consistent with the West Hills Specific Plan, GPA 03-82, and the Hillside Planned
Residential District Zoning Ordinance No. 322, up to a maximum of 29 residential units
may be developed in Phase II.
5. This Agreement shall not be effective unless it and Revised Tentative
Tract Map 19503 are concurrently approved by the Final Action by the Planning
Commission and/or City Council with conditions consistent with this Agreement.
6. This Agreement shall run for a maximum of three (3) years from the
date of execution.
Dated this 31st day of January , 1985.
G. G R FOX
CITY OF PALM DESERT
t(Z
l
By
WALTER H. SNYDER, MAYOR/
STATE OF CALIFORNIA QQ� V G{��' `tE p ss
COUNTY OF (l
Q
On _ —� �At.L13R,` —.8k, `9 `tS G ^ c ,before me, the undersigned. a Notary Public in and for
said State, personally appeared
personally known to me (or proved to me on the basis of sates
factory evidence) to be the person(s) whose namels) is/ara sub
scribed to the within instrument and acknowledged to m � tha
he/She/they executed the Same.
WITNESS my hand and official seal.
Signatur
OFFICIAL SEAL
°'� "•
MARY P. FRAZIER
NOTARY PUBLIC—CALIFORNIA
NOTARY BOND FILED IN
RIVERSIDE COUNTY
My Commission Expires June 6, 1986
(This area for official notarial seal)
ORDINANCE NO. 398
EXHIBIT "A"
In the City of Palm Desert, County of Riverside, State of California, described as follows:
PARCELI:
That portion of the Southwest quarter of Section 19, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, lying Westerly of the Westerly line of that certain 150 foot
wide strip of land in favor of Coachella Valley County Water District, by Deed recorded
January 25, 1950 in Book 1142 page 134 of Official Records of Riverside County,
California;
EXCEPTING therefrom that portion thereof described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE South 890 14' 36" West along the South line of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachella Valley County Water District Storm
Water Channel Right -of -Way (being 150.00 feet wide) and the TRUE POINT OF
BEGINNING;
THENCE continuing South 890 14' 36" West along said South line to the Southwest corner
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 890 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
PARCEL 2:
An easement for ingress and egress over a portion of the Northwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, being 60.00 feet in
width;
PARALLEL with and concentric with the Coachella Valley County Water District Flood
Control Right -of -Way (150 feet wide), being bounded on the North by the South Right -of -
Way of Highway No. 111 (80 feet wide), as deeded to County of Riverside August 5, 1930
in Book 876 page 75 of Deeds, Records of Riverside County, California; and bounded on
the East by said Easterly Right -of -Way of Coachella Valley County Water District Right -
of -Way, and on the Southerly line of the Northwest quarter of said Section 19.
PARCEL 3:
An easement for ingress and egress over a portion of the Southwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows:
The Easterly 30 feet of the following described F: operty:
COMMENCINGt at the Southeast corner of said Southwest quarter;
THENCE South 890 14' 36" West Tong the South lire of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachpll,t Valley County Water District Storm
Water Channel' Right -of -Way (being 150.00 Feet wide; and the TRUE POINT OF
BEGINNING;
THENCE continuing South 990 14' 36" West along .,aio SOULh line to the Southwest corner
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 890 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
PARCEL 4:
-4-
ORDINANCE NO. 398
EXHIBIT "B"
10
ORDINANCE NO. 398
An easement for ingress, and egress over that portion of the Southeast quarter of Section
19, Township 5 South, Range 6 East, San Bernardino Base and Meridian, and over that
portion of the Northeast quarter of Section 30, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, described as follows:
Being the South 30.00 feet (measured at right angles) of the Southeast quarter of said
Section 19, and being the North 30.00 feet (measured at right angles), of the Northeast
quarter of said Section 30, both being bounded on the East by the Westerly Right -of -Way
line of Willow Street (66 feet wide), as deeded to the County of Riverside, February 1965,
as Instrument No. 29434, and bounded on the West by the Easterly Right -of -Way line of
Coachella Valley Water District Flood Control Right -of -Way (150 feet wide).
-5-