ORD 455ORDINANCE NO. 455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APROVING AN AMENDMENT
TO A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF LA QUINTA AND CP DEVELOPMENT LA
QUINTA, LLC
DEVELOPMENT AGREEMENT NO. 2003-006, AMENDMENT NO. 3
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law"1 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 1"City" or "City Council," as applicable) entered into Development
Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer")
pursuant to California Government Code Section 65864 et seq. and Section
9.25.030 of the City Municipal Code (the "Original Development Agreement")
which Original Development Agreement was modified on or about October 28,
2004 and on or about November 17, 2005 (with all modifications, the
"Development Agreement"1; and
WHEREAS, City staff and the Developer have negotiated an
Amendment to the Development Agreement (the "Development Agreement
Amendment"); and
WHEREAS, the Planning Commission of the City did on the 1 1 `" day of
March, 2008, 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, 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:
Ordinance No. 455
Amendment to Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: April 1, 2008
Page 2
1. The property is within the Tourist Commercial, Medium Density Residential,
and Park Districts of the 1992 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 21.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 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. 455
Amendment to Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: April 1, 2008
Page 3
SECTION 1. APPROVAL. 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 City Manager 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.
SECTION 2. ENVIRONMENTAL. Environmental Assessment 2001-436 and
subsequent addendum were certified by the City Council on February 5, 2002,
under Resolution No. 2002-07 and Resolution No. 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 15162 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 15`h day of April, 2008, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 455
Amendment to Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: April 1, 2008
Page 4
V ~, ~
DON ADO PH, a or
City of La Quinta, California
ATTEST:
C
VERONICA J ONTECINO, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
-
M. KATH RINE JE N, City Attorney
City of La Quinta, California
Ordinance No. 455
Amendment to Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: April 1, 2008
Page 5
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA 1
I, VERONICA MONTECINO, 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.
455 which was introduced at a regular meeting on the 15t day of April, 2008, and
was adopted at a regular meeting held on the 15`h day of April, 2008, not being
less than five days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of L~ Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA MOf~1TECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on ~~,-/a.5~d',
pursuant to Council Resolution. ~
VERONICA MONT~CINO, CMC, City Clerk
City of La Quinta, California