PCRES 2000-026PLANNING COMMISSION RESOLUTION 2000-026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF DEVELOPMENT AGREEMENT,
AMENDMENT #2 BY AND AMONG THE CITY OF LA
QUINTA AND STAMKO DEVELOPMENT COMPANY
CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2
APPLICANT: STAMKO DEVELOPMENT COMPANY
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the gth of May, 2000, hold a duly noticed Public Hearings to consider an
amendment to the Development Agreement; and,
WHEREAS, the City Council of the City of La Quinta, California did on the
1 5th day of July, 1997, approve the original Development Agreement 97-002 and on
the 17' day of November, 1998, approved Development Agreement 97-002,
Amendment #1 for the development; and,
WHEREAS, 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 an
Environmental Impact Report, State Clearinghouse No. 9701 1055, certified by the City
Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002.
A supplemental EIR has been prepared for the proposed Specific Plan 97-029
Amendment #1 and Development Agreement 97-001 Amendment #1 which was
certified in 1998. No changed circumstances or conditions are proposed which would
trigger the preparation of subsequent environmental review pursuant to Public
Resources Code Section 21 166; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following Mandatory Findings of approval to justify
a recommendation for approval of said Development Agreement, Amendment #2:
The proposed amended Development Agreement is consistent with the
objectives, policies, general land uses and programs of the City of La Quinta
General Plan and Specific Plan 97-029, Amendment #2.
The property is within the Mixed/Regional Commercial (M/RC) District per the
provisions of the 1992 General Plan Update which permits the proposed use
and is consistent with the goals, policies and intent of the La Quinta General
Plan Land Use Element (Chapter 2) provided conditions are met.
C:\My Documents\WPDOCS\PC Aeso Auto Dev Agmt Amd #2.wpd
Planning Commission Resolution 2000-026
Development Agreement 97-002, Amendment #2
2. The land uses authorized and regulations prescribed for the amended
Development Agreement are compatible with the zoning and its related
regulations now applicable to the property. The site is zoned Regional
Commercial (CR) which permits the proposed uses provided conditions are met.
3. The proposed amended Development Agreement conforms with public
convenience and the general welfare by providing for extensive public
improvements and conforms to good land use practice by encouraging a long-
range, comprehensive approach to the development of a major automobile
sales/services and mixed commercial complex.
4. Approval of this amended 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.
5. Approval of this amended 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.
6. Consideration of the amended 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the Planning
Commission in this case;
2. That it does recommend approval to the City Council of Development
Agreement 97-002, Amendment #2 for the reasons set forth in this Resolution
and as contained in Attachments #1 and #2.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 9t' day of May, 2000, by the following
vote, to wit:
C\My Documents\WPDOCS\PC Reso Auto Dev Agmt Amd #2.wpd
Planning Commission Resolution 2000-026
Development Agreement 97-002, Amendment #2
AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk
NOES: None
ABSENT: Commissioner Butler
ABSTAIN: None
TOMJfAKK, thairman
City of La Quinta, California
ATTEST:
IY HERIMAN, Community Development Director
of La Quinta, California
CAMy Documents\WPDOCS\PC Reso Auto Dev Agmt Amd #2.wpd
ATTACHMENT 1
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement ("Amended Agreement") is made
and entered into this _ day of , 2000, by and between the CITY OF LA
QUINTA, a charter city ("City"), STAMKO DEVELOPMENT COMPANY, a California
limited partnership ("Developer") and THE TRUSTEE OF THE JUVONEN LIVING TRUST,
a California Trust ("Partial Owner"). The City and Developer are hereinafter sometimes
referred to individually as a "Party" and. collectively as the "Parties".
RECITALS
This Amended Agreement is predicated upon the following facts:
A. The City, Developer and Partial Owner originally entered into. that certain
Development Agreement dated July 15, 1997 ("Original Agreement") authorized by
City Council Ordinance No. 306 dated July 21, 1997, and effective August 20, 1997,
and recorded on September 3, 1997.
B. The City, Developer and Partial Owner processed an Amendment to the
Development Agreement which was approved on November 17, 1998, by Ordinance
No. 328 dated December 1, 1998, and effective January 14, 1999, and recorded on
March 11, 1999.
C. Due to requested modifications to the Amended Specific Plan, the
developer has requested certain modifications to the site planning conditions, the
Development Agreement, and the Developer Lease to allow the Project to proceed.
D. The City believes that all of the findings made in the Original Agreement
and First Amendment remain true, that the requested modifications by the Developer
as set out in this Second Amendment Agreement with attachments are consistent with
the General Plan and all other applicable plans, rules, regulations and official policies
of the City of La Quinta and the approval of this Amended Agreement shall promote
the health, safety and general welfare of the City.
E. It is the intent of the Parties that on execution of this Second Amendment
to the Agreement, the Developer shall be obligated to complete the Public
Improvements in the manner set forth in the original Development Agreement, the First
Amendment and the Amendment Specific Plan 97-027 and Conditional Use Permit 97-
034 as contained there in those documents, and with City's rules, regulations and
official policies governing permitted uses, density, design, improvement and
construction standards and specifications in force on the date of this Amended
Agreement.
CAMy Documents\WPDOCS\DA#2RestAgmt.wpd 1 015
F. On May 9, 2000, the Planning Commission of the City of La Quinta (the
"Planning Commission"), after giving -notice pursuant to Government Code Sections
65854, 65854.5 and 65866, held a public hearing on Developer's application for this
Second Amended Agreement. On , 2000, the City Council of the
City of La Quinta ("City Council"), after providing public notice as required by law,
similarly held a public hearing to consider Developer's application for this Agreement.
G. The Planning Commission and the City Council have found that the
Second Amended Agreement is consistent with the General Plan and all other
applicable plans, rules, regulations and official policies of the City.
H. In accordance with the requirements of the California Environmental
Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA"), the
Community Development Department completed an Environmental Impact Report,
State Clearinghouse No. 97011055, certified by the City Council in 1997, for this
Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has
been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development
Agreement 97-001 Amendment #1 which was certified in 1998. No changed
circumstances or conditions are proposed which would trigger the preparation of
subsequent environmental review pursuant to Public Resources Code Section 21 166;
I. On December 1, 1998, the City Council adopted Ordinance No. 328
approving this Amended Agreement with Developer. The Ordinance takes effect on
January 14, 1999.
The parties hereto agree to amend the Second Amended Agreement according
to the following specified revisions:
1. Definitions: In this Second Amended Agreement, the defined terms will have the
same meaning as in the Original Agreement except as may be otherwise noted in this
Second Amended Agreement:
1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No.
approving this Second Amended Agreement.
1.4 Specific Plan: The Specific Plan approved by the City Council on July 15,
1997 as amended by Amendment No. 1 approved by the City Council on November
17, 1998, and Amendment No. 2, approved by the City Council on ,
2000. A reference to "Amendment to Specific Plan refers to Amendment #1 or #2
to the Specific Plan and/or any future amendments not affecting the implementation
of the Development Agreement.
2. No Other Change: All sections of the original Agreement, or the First
Amendment which have not been specifically amended by this Second Amended
Agreement shall remain intact and enforceable in their entirety, or as may be amended
in the future.
.016
r \Mv nocuments\WPDOCS\DA#2RestARmt.wpd 2
IN WITNESS WHEREOF, this Second Amended Agreement has been
executed by the Parties and Partial Owner on the day and year first above written, as
authorized by Ordinance No. 328 of the City Council of the City of La Quinta.
CITY OF LA QUINTA, a Charter City
By:
STANLEY SNIFF, Mayor Pro Tern
ATTEST:
DUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
STAMKO DEVELOPMENT COMPANY,
A California Limited Partnership
By:
Its:
THE JUVONEN LIVING TRUST
By:
Its:
By:
Its:
ul7
ATTACHMENT 2
DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2
MAY 9, 2000
EXHIBIT "C"
RESTATES AND AMENDED
DEVELOPER LEASE AGREEMENT
1. Section 1.(r) shall be amended to read as follows:
"Specific Plan shall mean the Specific Plan approved by the City Council on
December 1, 1998, or as may be amended in the future.
C:\My Documents\WPDOCS\ResoDAAtt#2.wpd
018