PC Resolution 2012-020PLANNING COMMISSION RESOLUTION 2012 -020
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 AMONG THE
CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA,
LLC
CASE: DEVELOPMENT AGREEMENT 2003 -006 AMENDMENT 4
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 25` day of September, 2012, hold a duly noticed Public
Hearing to consider an amendment to a Development Agreement by and among the
City of La Quinta and CP Development La Quinta, LLC for property located at the
southeast corner of Washington Street and Miles Avenue; and
WHEREAS, the La Quinta Planning Department has prepared
Environmental Assessment 2011-617 for this project, in compliance with the
requirements of the California Environmental Quality Act (CEQA). The Planning
Director has determined that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in this case because
revisions in the project have been made by or agreed to by the project proponent
and mitigation measures have been incorporated. Therefore, the Planning Director
is recommending that a Mitigated Negative Declaration of environmental impact
and associated Mitigation Monitoring Program be certified; and,
WHEREAS, the Planning Department published a public hearing notice
in The Desert Sun newspaper on September 14, 2012 as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners
within 500 feet of the site; and,
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said
Planning Commission did make the following Mandatory Findings to justify a
recommendation to the City Council for approval of said Development Agreement
Amendment:
1. The proposed Development Agreement Amendment is internally
consistent with the goals, objectives, and policies of the General Plan and
Specific Plan 2001 -055, Amendment 4, in that it will result in promoting
residential development in a controlled and logical manner that is
compatible with the neighborhood.
Planning Commission Resolution 2012 -020
Development Agreement 2003 -006 Amendment 4
Page 2
2. The land uses authorized and regulations prescribed for the Development
Agreement are compatible with the 'zoning and its related regulations
applicable to the property.
3. The proposed Development Agreement Amendment conforms with the
public convenience and general welfare by providing for extensive public
improvements and conforms to good land use practice by encouraging a
long -range comprehensive approach to' development of the site.
4. Approval of this Development Agreement Amendment will not be
detrimental to the health, safety and general welfare since adequate
provisions have 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 properties
nor preservation of area -wide property values, but rather will enhance
them by encouraging planned - phased growth.
6. Consideration of this Development Agreement Amendment has been
accomplished pursuant to California Government Code Section 65864 at
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 correct and constitute the findings
of said Planning Commission in this case; and
2. That it does hereby recommend to the City Council approval of
Development Agreement, Amendment 1 4 for the reasons set forth in this
Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 25' day of September, 2012, by the
following vote to wit:
AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson
Barrows
Planning Commission Resolution 2072 -020
Development Agreement 2003 -006 Amendment 4
Page 3
NOES: None
ABSENT: None
ABSTAIN: None
KATIE BA WOWS, Chairperson
City of La Quinta, California
0
JgYINSON, Planning Director
of La Quinta, California