ORD 395 ORDINANCE NO. 395
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A REVISED
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC
CASE NO.: DEVELOPMENT AGREEMENT 2003-006
APPLICANT: CP DEVELOPMENT LA QUINTA, 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 City Council of the City of La Quinta ("City" or "City
Council", as applicable), on the 3rd of June, 2003, held a duly noticed public hearing to
consider (i) a disposition and development agreement ("Original DDA") by and between
the La Quinta Redevelopment Agency ("Agency") and Center Point Development, LLC,
~ ,,
a California limited liability company (the "Original Developer"), pursuant to which the
Original Developer agreed to purchase certain real property located within the City (the
"Site"); and (ii) a development agreement ("Original Development Agreement") by and
between the City and the Original Developer, pertaining to the Site. By adoption of
City Council Ordinance No. 385, the City Council approved the Original Development
Agreement; and
WHEREAS, prior to execution of the Original Developmentl Agreement, the
Original Developer requested certain changes thereto, including (i.) changing the
developer entity from the Original Developer to CP Development La~ Quinta, LLC, a
California limited liability company ("Proposed Developer"), (ii) revising the landscaping
obligations of the Proposed Developer to account for the possibility that the City does
not obtain certain landscaping grants, and (iii) revising the insurance requirements for
the Proposed Developer; and
WHEREAS, pursuant to the Original DDA, as revised, the Proposed
Developer has an equitable interest in the Site 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 2nd of December, 2003, hold a duly noticed public hearing to
consider the Revised Development Agreement; and,
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 2
WHEREAS, the Planning Commission of the City of La Quinta, California,
did' on the 25th of November, 2003, hold a duly noticed Public Hearing to consider the
Revised 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 Revised Development Agreement:
1. The proposed Revised Development Agreement is consistent with the
objectives, policies, general land uses and programs of the City of La Quinta
General Plan and Specific Plan 2001-005.
2. The property is within the Tourist Commercial, Medium Density Residential, and
Park Districts of the 1 992 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 ReviSed
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 and Park which permits' the proposed
uses provided conditions are met.
4. The proposed Revised 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 Revised 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 Revised 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.
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 3
7. Consideration of the Revised 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.
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:
SECTION 1. APPROVAL. The City Council hereby approves and adopts the
Revised 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 Revised Development Agreement on behalf of the City, and the City Clerk
to record the Revised Development Agreement in the Official Records of Riverside
,... County in accordance with applicable law.
SECTION 2 ENVIRONMENTAL. Said Specific Plan 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 2001-005. An Addendum has
been prepared for the proposed Specific Plan 2001-005, 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.
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 4
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 16th day of December, 2003, by the following vote to wit:
AYES: Council Members Henderson, Osborne,. Perkins, Sniff, Mayor Adolph
NOES' None
ABSENT: None
ABSTAIN' None
DO~~AD ~o~H, Mayor
City of La Quinta, California
ATTEST-
JUNE S..GREEK, CMC, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM'
M./~/(THERJ~NI~ JENSON, Cit~A~torney
City of La Quinta, California
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 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. 395 which was
introduced at a regular meeting held on the 2nd day of December, 2003, and was
adopted at a regular meeting held on the 16th day of December, 2003, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
CMC, City Clerk
City of La Quinta, California