ORD 409
ORDINANCE NO. 409
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA
QUINTA AND CP DEVELOPMENT LA QUINT A, LLC
DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 1
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, on or about December 18, 2003, the City Council of the City of
La Quinta r'City" or IICity Council," as applicable) entered into Development
Agreement No. 2003-006 with CP Development La Quinta, LLC (the IIDeveloper")
pursuant to California Government Code Section 65864 et seq. and Section
,--. 9.25.030 of the City's Municipal Code (the IIDevelopment Agreement"); and
WHEREAS, City staff and the Developer have negotiated an Amendment to
the Development Agreement (the IIDevelopment Agreement Amendment"); and
WHEREAS, the Planning Commission of the City did on the 28th day of
September, 2004, hold a duly noticed Public Hearing to consider the Development
Agreement Amendment and the recommendation of the Planning Commission has
been received by the City Council; and,
WHEREAS, the City Council of the City of La Quinta, California (1lCity
Council"), did on the 5th day of October, 2004, hold a duly noticed public hearing
to consider the Development Agreement Amendment; 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 Amendment:
1 . The proposed Development Agreement Amendment is consistent with the
- objectives, policies, general land uses and programs of the City of La Quinta
General Plan and Specific Plan 2001-005.
Ordinance No. 409
Amendment to Development Agreement 2003-006
CP Development La Quinta. LLC
Adopted: October 5. 2004
Page 2
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 Development
Agreement Amendment 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 Development Agreement Amendment 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 Amendment 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 Amendment 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 Amendment 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 aetions 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. APPROV AL. The City Council hereby approves and adopts the
Development Agreement Amendment 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 Development Agreement Amendment on behalf of the
City, and the City Clerk to record the Development Agreement Amendment in the
Official Records of Riverside County in accordance with applicable law.
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Ordinance No. 409
Amendment to Development Agreement 2003-006
CP Development La Quinta. LLC
Adopted: October 5,2004
Page 3
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SECTION 2 ENVIRONMENTAL. Environmental Assessment 2001-436 and
subsequent addendum were certified by the City Council on February 5, 2002,
under Resolution 2002-07 and Resolution 2003-034 on June 3, 2003. The
Development Agreement Amendment does not involve changes to the project .
itself. There have been no changes in circumstances or new information regarding
the project or its setting that would require the preparation of a subsequent
environmental review. Therefore, pursuant to Section 1 5162 of the Guidelines for
Implementation of the California Environmental Quality Act, no further
environmental review is necessary in connection with the review of the
Development Agreement Amendment.
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 on this 19th day of October, 2004, by' the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
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Ordinance No. 409
Amendment to Development Agreement 2003-006
CP Development La Quinta. LLC
Adopted: October 5. 2004
Page 4
ATTEST:
œ· -d~.~
S. GREEK, CMC, Ity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
C~l A
i
J
M. KAT ERINE JENS I City Attorney
City of La Quinta, California
. .
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Ordinance No. 409
Amendment to Development Agreement 2003-006
CP Development La Quinta. LLC
Adopted: October 5, 2004
Page 5
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINT A )
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.409 that was
introduced at a regular meeting on the 5th day of October, 2004, and was adopted
at a regular meeting held on the 19th day of October, 2004, 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 City Council Resolution 98-109.
~'~.'~.~HJJ
E . GREEK, CMC, Clt Clerk
r-- City of La Quinta, California
DECLARA TION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on October 22, 2004, pursuant to City
Council Resolution.
~"d_ J2I ~.. JJ
J N . GREEK, CMC, City rk
City of La Quinta, California
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