ORD 385ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA
AND CENTER POINT DEVELOPMENT, LLC
WHEREAS, California Government Code Section 65864 et seq. (The
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public planning
process, encouraging private participation and comprehensive planning and identifying
the economic costs of such development; and
WHEREAS, the La Quinta Redevelopment Agency has negotiated a
disposition and development agreement (the "DDA") with Center Point Development,
LLC (the "Developer") that is being considered concurrently herewith, pursuant to
which the Developer may purchase certain real property located within the City (the
"Property"); and
WHEREAS, pursuant to the DDA, the Developer has an equitable interest
in the Property and qualifies to enter into a development agreement pursuant to the
Development Agreement Law; and
WHEREAS, the City Council of the City of La Quinta, California ("City
Council"), did on the 3' of June, 2003, hold a duly noticed public hearing to consider
a development agreement by and between the City of La Quinta and the Developer
(the "Development Agreement"); and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 27" of May, 2003, hold a duly noticed Public Hearing to consider the
Development Agreement and the recommendation of the Planning Commission has
been received by the City Council; and
WHEREAS, at said City Council Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all interested persons wanting to
be heard, said City Council did make the following mandatory findings to justify
approving the Development Agreement:
1. The proposed Development Agreement is consistent with the objectives,
policies, general land uses and programs of the City of La Quinta General Plan
and Specific Plan 2001-055.
Ordinance No. 385
Center Point Development, LLC
Adopted: June 17, 2003
Page 2
2. The property is within the Tourist Commercial, Medium Density Residential,
Office and Park Districts of the 2002 General Plan Update which permits the
proposed use and the proposed use is consistent with the goals, policies and
intent of the La Quinta General Plan Land Use Element (Chapter 2).
3. The land uses authorized and regulations prescribed for the Development
Agreement are compatible with the zoning and its related regulations now
applicable to the property. The site is zoned Tourist Commercial, Medium
Density Residential, Office, and Park which permits the proposed uses provided
conditions are met.
4. The proposed Development Agreement conforms with public convenience and
the general welfare by providing for extensive public improvements and
conforms to good land use practice by requiring the development of a
commercial development.
5. Approval of this Development Agreement will not be detrimental to the health,
safety, and general welfare since adequate provision has been made in previous
City approvals to provide for necessary and desirable improvements and since
these approvals are incorporated herein.
6. Approval of this Development Agreement will not adversely affect the orderly
development of the subject or surrounding property nor the preservation of
area -wide property values, but rather will enhance them by encouraging
planned, phased growth.
7. Consideration of the Development Agreement has been accomplished pursuant
to California Government Code Section 65864 et seq. and the City of La Quinta
Municipal Code Section 9.250.030, which governs Development Agreements.
8. The City Council authorizes the City Manager and City Attorney to make final
modifications to the Agreement that are consistent with substantive terms of
the Agreement approved hereby, and to thereafter sign the Agreement on behalf
of the Agency.
WHEREAS, all actions required to be taken by the City precedent to the
adoption of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California that it does ordain as follows:
Ordinance No. 385
r — Center Point Development, LLC
Adopted: June 17, 2003
a
Page 3
SECTION 1. APPROVAL. The City Council hereby approves and adopts the
Development Agreement in the form presented to the City Council concurrent with the
approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign
the Agreement on behalf of the City, and the City Clerk to record the Agreement in the
Official Records of Riverside County in accordance with applicable law.
SECTION 2. ENVIRONMENTAL. Said Development complies with the
requirements of The Rules to Implement the California Environmental Quality Act of
1970 as amended (Resolution 83-63). The Community Development Department
completed Environmental Assessment 2001-436, certifying a Mitigated Negative
Declaration of environmental impact as adopted by the City Council on February 5,
2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has
been prepared for the proposed Specific Plan 2001-055, Amendment #1 and
Development Agreement 2003-006. No changed circumstances or conditions are
proposed which would trigger the preparation of subsequent environmental review
pursuant to Public Resources Code Section 21166.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption
of this Ordinance, and shall cause the same to be posted in at least three public places
designated by resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances
of this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held this 17t' day of June, 2003 by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 385
Center Point Development, LLC
Adopted: June 17, 2003
Page 4
DON A13OLPH, ayor
City of La Quinta, California
ATTEST:
Jos. Z:1�� " -,Z)
JUN . GREEK, CMC, ity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
i�'Z
. KATHERINE JENSO , City Attorney
City of La Quinta, California
Ordinance No. 385
Center Point Development, LLC
} Adopted: June 17, 2003
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true and correct copy of Ordinance No. 385 which was
introduced at a regular meeting held on the 3Id day of June, 2003, and was adopted
at a regular meeting held on the 17th day of June, 2003, not being less than 5 days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in hr
of La Quinta as specified in a Resolution of the City Coun il.
2L�.' '�&- "el
JU . GREEK, CMC, i y Clerk
City of La Quinta, California
places within the City