PCRES 2004-073PLANNING COMMISSION RESOLUTION 2004-073
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF AN AMENDMENT TO A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND
CP DEVELOPMENT LA QUINTA, LLC
CASE NO.: DEVELOPMENT AGREEMENT NO. 2003-006,
AMENDMENT NO. 1
APPLICANT: CP DEVELOPMENT LA QUINTA, LLC
WHEREAS, on or about December 18, 2003, the City of La Quinta
("City") and CP Development La Quinta, LLC (the "Developer"~, entered into
Development Agreement N.o. 2003-006, pursuant to California Government Code
Section 65864 et seq. and Section 9.250.030 of the City's Municipal Code (the
"Development Agreement"1; and
WHEREAS, City staff and the Developer have negotiated an Amendment
to the Development Agreement that would revise the transfer and assignment
provisions set forth in the Development Agreement (the "Development Agreement
Amendment"); and
WHEREAS, the Planning Commission of the City (the "Planning
Commission") did on the 28th of September, 2004, hold a duly noticed Public Hearing
to consider the Amendment; and
WHEREAS, 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 15162 of the Guidelines for Implementation of the California
Environmental Qualify Act, the City has concluded that no further environmental
review is necessary in connection with the review of the Development Agreement
Amendment.
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:
P:\Reports - PC\9-28-2004\Center Point DA Amd\CP LO Center Pt DA Amd Reso.DOC
Planning Commission Resolution 2004-073
Development Agreement 2003-006, Amendment J/1
CP Development La Quinta, LLC
Adopted: September 28, 2004
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 2001-055.
2. The land uses authorized and regulations prescribed for the Development
Agreement Amendment are compatible with the zoning and its related
regulations applicable to the property.
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 encouraging along-
range, comprehensive approach to the development of a major hotel, services,
and mixed residential complexes.
4. Approval of this Development Agreement Amendment will not be detrimental to
the health, safety, and general welfare since adequate provisions has been
made in previous City approvals to provide for necessary and desirable
improvements which 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.
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 the Development
Agreement Amendment for the reasons set forth in this Resolution.
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Planning Commission Resolution 2004-073
Development Agreement 2003-006, Amendment #1
CP Development La Quinta, LLC
Adopted: September 28, 2004
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 28th day of September, 2004, by the
following vote, to wit:
AYES: Commissioners Daniels, Ladner, and Quill
NOES: None
ABSENT: Commissioner Krieger
ABSTAIN: None
M
La Quinta, California
ATTEST:
O CAR ORCI, Interim
Community Development Director
City of La Quinta, California
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