HomeMy WebLinkAboutORD 545ORDINANCE NO. 545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DETERMINING THAT THE
CONDITIONS AND INTENT OF THE DEVELOPMENT
AGREEMENT (DA-2) SPECIFYING TERMS AND CONDITIONS
FOR MARKETING AND SALES OF RESIDENTIAL
CONDOMINIUMS IN MOUNTAIN VIEW FALLS HAVE BEEN MET
AND TERMINATING SAID AGREEMENT.
CASE NO. DA-2
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 23rd day of June, 1988, hold a duly noticed public hearing to consider a
request by DOUGLAS BUILDING SYSTEMS for amendment to or voiding of the above
noted development agreement; and
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 7th day of June, 1988, hold a public hearing and following said
public hearing did by minute motion recommend to the city council that the city
council make the determination that the conditions and intent of DA-2 have been
met and the agreement should, therefore, be terminated or allowed to expire;
and
WHEREAS, the applicant 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 director of community development has
determined that the request was previously assessed under Case. No. DA-2 and
its negative declaration; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said
council did find the following facts and reasons to exist to justify making the
determination that the conditions and intent of the development agreement (DA-
2) have been met and the agreement should, therefore, be terminated:
The development agreement contemplated a total development of 352
units of which 88 (25%) units were required to be sold at prices
specified in the agreement.
2. The development has been altered and will only have a total of 144
units of which 36 would need to be marketed at moderate income levels
(i.e.: 144 x 25% = 36).
3. At this time 100 units have been built, all of which conformed to the
price limits specified in the agreement.
4. The two (2) year period of resale controls applicable to the 100
units has passed.
That the City Council of the City of Palm Desert, California, does hereby
ordain as follows:
1. That the above recitations are true and correct and constitute the
findings of the council in this case.
ORDINANCE NO. 545
2. That it is hereby determined that the conditions and intent of DA-2
have been met.
3. That the development agreement (DA-2) is hereby terminated for
reasons specified above.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, on this 1';th day of July, 1988, by the following vote, to
wit:
AYES: Crites, Snyder, Wilson c: Benson
NOES: None
-ASSENT: Kelly
ABSTAIN: None
JEAN . BENSON, Aayor
ATTEST:
SHEILA R. GILL AN, Cit)
City of Palm Desert, Cal
Am
rk
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