HomeMy WebLinkAboutOrd. No. 1186ORDINANCE NO, 1186
MEETING DATE_ //
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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 5TH 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. 08-42and 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 Approving Amendments to Das (5-12-09) Page 1 of 2
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 _ day of , 2009, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Rachelle D. Klassen, City Clerk
ROBERT A. SPIEGEL, Mayor
CITY COUNCIL AC,ON
APPROVED if DENTED
RECEIVED OTHER
MEETIN�G DATFy �, (1? • iZ5 �l
AYES: (() IPiy1 r1, hoe-(1 (nip/ L1 c p/e jr /
NOES: Jll - •! / ,✓
ABSENT: -1/1 /
ABSTAIN: -P
VERIFIED BY: •► r1 Vl
Original on File with Ci Jerk's Office
Ordinance Approving Amendments to Das (5-12-09) Page 2 of 2