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Home My WebLink About1471 - ORDINANCES - 5/4/1994 ORDINANCE NO. 1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE NOBLE DEVELOPMENT AGREEMENT, ADDING SECTION 9408 . 07 ENTITLED "NOBLE DEVELOPMENT AGREEMENT" TO THE ZONING ORDINANCE DESIGNATING PROPERTY AS BEING SUBJECT TO THE NOBLE DEVELOPMENT AGREEMENT (DESIGNATED DA3) WHICH PROPERTY IS GENERALLY LOCATED IN THE VICINITY OF THE WHITEWATER, GARNET AND NORTH PALM SPRINGS COMMUNITIES . WHEREAS the applicant, Palm Energies Properties, a California General Partnership; Riverview Ventures, Inc. , a California corporation; Frederick W. Noble as Trustee for the Noble Family Trust; Frederick W. Noble, an individual; San Gorgonio Wind Association IV, a California Limited Partnership; Frederick W. Noble, Inc. , a California corporation; San Gorgonio Wind Association V, a California Limited Partnership; and N&S, a California Joint Venture (collectively "Developer") , has submitted a request for a Development Agreement to clarify the regulations which will be enacted and applied to its wind energy conversion system development and other permitted development ( "Development Agreement") ; and WHEREAS the applicant, Developer, owns a legal or equitable interest in the property which is the subject of the Development Agreement and, therefore, is a qualified applicant for the Development Agreement; and WHEREAS the Palm Springs Zoning Ordinance Section 9408 . 00 provides procedures and requirements for the consideration of development agreements; and WHEREAS the Development Agreement is enforceable by either the City of Palm Springs or the Developer as provided in Government Code Section 65865 .4; and WHEREAS all applicable rules, regulations and policies shall be enforceable that were in effect on the date this Development Agreement is executed by and between the City of Palm Springs and the Developer; and WHEREAS the Development Agreement conforms with the General Plan and proposed development under this Development Agreement shall conform with all policies, goals and objectives of the City of Palm Springs General Plan and the development standards contained within the City of Palm Springs Zoning Ordinance; and WHEREAS the City of Palm Springs may terminate or modify the Development Agreement if it finds, and determines on the basis of substantial evidence, that the applicant or its successor in interest has not complied in good faith with the Development Y�greement' s terms and conditions, in accordance with Palm Springs ;coning Ordinance Section 9408 . 00 and Government Code Section 65865 . 1; and WHEREAS the Planning Commission of the City of Palm Springs has considered information presented by the Department of Planning & Zoning, the applicant and other interested parties at a duly noticed public hearings on March 23 and April 13, 1994; and WHEREAS the City council of the City of Palm Springs has considered information presented by the Department of Planning & Zoning, the applicant and other interested parties at a duly noticed public hearing on April 30, 1994. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs does hereby find as follows : Ord 1471 Page 2 SECTION 1. The City Council hereby finds that the Noble Development Agreement complies with the provisions of Zoning Ordinance Section 9408 . 00-12 .b and 13 .b as follows : 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan in that. the Development Agreement, directly reflects the land uses allowed by the General Plan. 2 . The Development Agreement is compatible with the uses authorized for the land use zones in which the real property is located. The land uses proposed on the subject properties are consistent with other land uses in the vicinity and with the subject zoning designations . 3 . The Development Agreement is in conformity with public convenience, general welfare and good land use practice. The Development Agreement is in conformance with established City goals, objectives and regulations outlined in the City General Plan and the City Zoning Ordinance. 4 . The Development Agreement is not detrimental to the public health, safety and welfare of the community in that all established zoning and development standards continue to be applicable. S . The Development Agreement will not adversely affect the orderly development of property or the preservation of property values . The Development Agreement reflects the approved City General Plan and the City Zoning Ordinance. SECTION 2 . The City Council hereby finds that the General Plan and the Annexation Study Environmental Impact Reports, which were certified by the City Council, contemplated the development under the subject Development Agreement. The City Council further finds that, after an Initial Study/Environmental Assessment, there will be no adverse impact to the environment by virtue of the adoption of this Development Agreement. BE IT FURTHER RESOLVED that- the City Council of the City of Palm Springs does hereby ordain as follows : SECTION 1. The Palm Springs Zoning Ordinance is hereby amended by adding Section 9408 . 07 to read as follows: "SECTION 9408 . 07 NOBLE DEVELOPMENT AGREEMENT 1 . Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the City as legally described on Exhibit "A" attached hereto and incorporated herein by reference. Portions of said property are designated as part of the Energy Industrial (E-I) , Manufacturing (M-2) , Open Land (0-5) and Watercourse (W) Zones . Hereafter, the property shall also be designated "Development Agreement #3 " or 11DA3" which shall be an overlay designation incorporating the restrictions of the "Noble Development Agreement. " The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869 . 5 . The Noble Development Agreement provides for the continuity of existing development standards for a period of 15 years . The Noble Development Agreement provides for ultimate development as provided by the subject zone districts . 2 . Adoption of Noble Development Agreement. There is adopted the TT,- I nevelopment Agreement, the Ord 1471 Page 3 "Development Agreement between the City of Palm Springs and Palm Energies Properties, a California General Partnership; Riverview Ventures, Inc. , a California corporation; Frederick W. Noble as Trustee for the Noble Family Trust; Frederick W. Noble, an individual; San Gorgonio Wind Association IV, a California Limited Partnership; Frederick W. Noble, Inc. , a California corporation; San Gorgonio Wind Association V, a California Limited Partnership; and N&S, a California Joint Venture" included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" and depicted on Exhibit "A-1" attached hereto and incorporated herein by reference. 3 . Property Development and Other Standards . All property subject to the Noble Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Noble Development Agreement. The Developer' s performance of its obligations under the Noble Development Agreement shall be subject to review as provided therein. " SECTION 2 . The Official Zoning Map of the City of Palm Springs is hereby amended by the addition of an overlay zone, subject to the Noble Development Agreement, to that real property described on Exhibit "A" . SECTION 3 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 4th day of May , 1994 . AWES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA y Cit}—C� erk ' 1Mayor/ REVIEWED & APPROVED r . W i HEREBY CERTIFY that the foregoing Ordinance 1471 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 4th day of May, 1994, and that same was duly published in the DESERT SUN a newspaper of general circulation on April 26 & May 9, 1994. L)ADIT SH UMI H City Clerk Ord 1471 Page 4 EXHIBIT A NOBLE DEVELOPMENT AGREEMENT DESIGNATED PROPERTIES 1 . 668-270-008 2 . 668-400-008 668-411-010 3 . 522-080-065 4 . 666-320-002 666-320-004 666-320-005 666-320-026 S . 668-400-020 668-400-023 668-400-025 668-400-026 6 . 668-400-016 668-400-027 668-400-028 7 . 666-320-015 8 . 668-280-015 9 . 668-412-002 0147 1 Page 5� III -I1 � 1• � / 10 �1'/rJ 11 � ��I II IiLL' 1— •�.. I 1�.c � �` n I ' ! N �_ t .. t :4. .. 'ti ni r Io..1,(: b r 77 TT- WEIT IN fL ,�),•./ ,. � �;�Ir r .•i ) ! • I r ,) � � �1�4• }IfrF t f)r�• y.� �i��1 2 .., _YI -` . .,. R:' _.I��I,! . . ;-_-� , �•_L_i�:;F,`fir.-''�''.1�=, :.,;1��'�4:�z1� z