PC Resolution 2015-010PLANNING COMMISSION RESOLUTION 2015-010
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 RREF II-CWC LAQ, LLC
CASE NO: DEVELOPMENT AGREEMENT 2015-0001
(DA 2006-011, AMENDMENT 1)
WHEREAS, the Planning Commission of the City of La Quinta, California did, on
the 81" day of December, 2015, hold a duly noticed Public Hearing to consider an
amendment to a Development Agreement by and among the City of La Quinta and
RREF II-CWC LAQ, LLC for property located within the original PGA West Specific Plan
area, bounded by PGA Boulevard on the south and west, the PGA Stadium Course and
Clubhouse to the north and east; said property being the subject of the proposed
amendment is described as follows:
LOT 97 AND LOT T OF TR 36537-1, MB 442,
PGS 55 THROUGH 63 OF MAPS
WHEREAS, the La Quinta Community Development Department determined
that this application is exempt from further review pursuant to the provisions of the
California Environmental Quality Act (CEQA) under Section 15182 (Residential Projects
Pursuant to a Specific Plan). A Determination of Substantial Conformance was
previously adopted by the La Quinta City Council on December 3, 2013, for the
Signature at PGA West, with respect to the previously approved Eden Rock at PGA
West project, for which a Environmental Impact Report (SCH #2007061056) was
certified by the La Quinta City Council on April 15, 2008; and,
WHEREAS, the Community Development Department published a public
hearing notice for this request in The Desert Sun newspaper on November 27, 2015, as
prescribed by the Municipal Code; and,
WHEREAS, at the aforementioned 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 consideration of adoption of said Amendment
to the Development Agreement:
Planning Resolution 2015-010
Development Agreement 2015-0001 (Amendment 1 to DA 2006-011)
Applicant: RREF II-CWC LAQ, LLC
Adopted: December 8, 2015
Page 2 of 3
1. The proposed Amendment to the Development Agreement is internally
consistent with the goals, objectives, and policies of the General Plan and the
PGA West Specific Plan 83-002, Amendment 6, in that it will not conflict or
otherwise interfere in promoting residential development in a controlled and
logical manner that is compatible with the surrounding land uses and the
current Signature project approvals.
2. The proposed Amendment to the Development Agreement is compatible with
the uses authorized in and the regulations prescribed for the Tourist
Commercial land use district applicable to the property and the PGA West
Specific Plan.
3. The proposed Amendment to the Development Agreement conforms with the
public convenience and general welfare by providing for requisite private
improvements and conforms to good land use practice by facilitating a long-
range comprehensive approach to development of the site.
4. Approval of the proposed Amendment to the Development Agreement will not
be detrimental to the health, safety and general welfare since adequate
provisions exist in previous City approvals to provide for the necessary project
improvements contemplated under the Amendment.
5. Approval of this proposed Amendment to the Development Agreement will not
adversely affect the orderly development of the subject or surrounding
properties nor affect preservation of area -wide property values, but rather will
enhance them by facilitating orderly, planned project area development
consistent with the approved PGA West Specific Plan.
6. Consideration of this proposed Amendment to the 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:
SECTION 1. That the above recitations are true and constitute the Findings of the
Planning Commission in this case.
Planning Resolution 2015-010
Development Agreement 2015-0001 (Amendment 1 to DA 2006-011)
Applicant: RREF II-CWC LAQ, LLC
Adopted: December 8, 2015
Page 3 of 3
SECTION 2. That the Planning Commission does hereby recommend to the City
Council approval of Development Agreement 2015-0001 (DA 2006-011, Amendment
1), as set forth in attached Exhibit "A", 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 8th day of December, 2015, by the following vote:
AYES: Commissioners Bettencourt, Blum, Fitzpatrick, Wright, and Chairperson
Wilkinson
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE Y
R6BERt WILKINSON, Chairperson
City of La Quinta, California
ATTEST:
4lkpw-'7e'�-
GABRIEL P EZ, Pl nning Manager
City of La Quinta', California
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
EXHIBIT A - PC RESO 2015-010
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 27383)
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment
No. 1") is made and entered into as of , 2015 ("Effective Date") by and
between the CITY OF LA QUINTA, a California municipal corporation and charter city
organized and existing under the Constitution of the State of California (the "City"), and
RREF II-CWC LAQ, LLC, a California limited liability company ("Developer").
RECITALS:
A. The City and Developer's predecessor in interest, Crowne Pointe Partners, LLC,
an Oregon limited liability company ("Crowne Pointe"), entered into that certain Development
Agreement dated August 18, 2008, and recorded on September 18, 2008, as Instrument No.
2008-0509913, in the Official Records of the County of Riverside (the "Development
Agreement").
B. Crowne Pointe assigned all of its right, title, interest and obligations in, to and
under the Development Agreement to Developer and Developer accepted such assignment and
assumed the performance of all of the terms, covenants and conditions occurring or arising under
the Development Agreement on or after the effective date of such assignment, pursuant to that
certain Assignment and Assumption Agreement by and between Crowne Pointe, as "Assignor",
and Developer, as "Assignee", dated as of March 24, 2014 and recorded on March 28, 2014 as
Instrument No. 2014-0115107 in the Official Records of the County of Riverside (the
"Assignment and Assumption Agreement").
C. On or about March 13, 2015, Developer, as "Seller", and LQR Golf LLC, a
Delaware limited liability company ("LQR Golf'), as "Buyer", entered into that certain Property
Acquisition and Joint Escrow Instructions ("Property Acquisition Agreement") whereby
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Developer agreed to sell to LQR Golf certain property described as Lot 97 and Lot T of Final
Tract Map No. 36537-1 (the "Subject Property").
D. As a condition to the consummation of the sale of the Subject Property by
Developer to LQR Golf pursuant to the Property Acquisition Agreement, LQR Golf has
requested that the Development Agreement be amended so as to exclude the Subject Property
from the terms and conditions of the Development Agreement.
E. City and Developer now wish to amend the Development Agreement so as to
exclude from Exhibit "A" to the Development Agreement the Subject Property.
F. The La Quinta Planning Commission and the La Quinta City Council have
determined that this Amendment No. 1 is consistent with the City's General Plan and the
Specific Plan, including the goals and objectives thereof.
G. All actions taken by City have been duly taken in accordance with all applicable
legal requirements, including the California Environmental Quality Act (Public Resources Code
Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings,
findings, votes and other procedural matters.
I. On , 201_ the City Council adopted its Ordinance No. _
approving this Amendment No. 1.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and for valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Development Agreement is hereby amended to remove and exclude from the
Legal Description of the Site, as set forth as Exhibit "A" to the Development Agreement, that
certain real property more particularly described as follows:
Lot 97 and Lot T of Tract 36537-1, as shown by Map on file in Book 442, Pages
55 through 63, inclusive, of Maps, Records of Riverside County, California
2. Except as otherwise expressly provided in this Amendment No. 1, all of the terms
and conditions of the Development Agreement shall remain in full force and effect.
3. In the event of any action between City and Developer seeking enforcement of
any of the terms and conditions to this Amendment No. 1, the prevailing party in such action
shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and
expenses, including without limitation its expert witness fees and reasonable attorney's fees.
4. This Amendment No. 1 shall be construed according to its fair meaning and as if
prepared by both parties hereto.
5. This Amendment No. 1 shall be governed by the internal laws of the State of
California and any question arising hereunder shall be construed or determined according to such
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law. The Superior Court of the State of California in and for the County of Riverside, or such
other appropriate court in such county, shall have exclusive jurisdiction of any litigation between
the parties concerning this Amendment No. 1. Service of process on City shall be made in
accordance with California law. Service of process on Developer shall be made in any manner
permitted by California law and shall be effective whether served inside or outside California.
6. Time is of the essence of this Amendment No. 1 and of each and every term and
provision hereof.
7. A waiver of a provision hereof, or modification of any provision herein contained,
shall be effective only if said waiver or modification is in writing, and signed by both City and
Developer. No waiver of any breach or default by any party hereto shall be considered to be a
waiver of any breach or default unless expressly provided herein or in the waiver.
8. Signatures of the parties transmitted by facsimile shall be deemed binding.
However, each party agrees to submit their original signature to the other party within five (5)
business days after execution hereof.
9. This Amendment No. 1 may be executed in counterparts, each of which, when
this Amendment No. 1 has been signed by all the parties hereto, shall be deemed an original, and
such counterparts shall constitute one and the same instrument.
10. The person(s) executing this Amendment No. 1 on behalf of each of the parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so
executing this Amendment No. 1 such party is formally bound to the provisions of this
Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any
provision of any other agreement to which such party is bound.
[Balance of page intentionally left blank]
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IN WITNESS WHEREOF, City and Developer each hereby represents that it has read
this Amendment No. 1, understands it, and hereby executes this Amendment No. 1 to be
effective as of the day and year first written above.
Date: .201
"DEVELOPER"
RREF II-CWC LAQ, LLC,
a California limited liability company
By: California West Construction, Inc.,
a California corporation
Its Authorized Agent
By:_
Name:
Title:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city organized and
existing under the Constitution of the State of
California
Date: , 201 By:
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
WE
William H. lhrke, City Attorney
City Manager
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A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
141618HIIM9611
On , 2015, before me,
Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/executed the
same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
141618HIIM9611
On , 2015, before me,
Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/executed the
same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
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