ORD 344 The Centre at LQ - DA 1997-002 Amendment No. 2 - Stamko Development (2000)ORDINANCE NO. 344
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING AN
AMENDMENT TO A DEVELOPMENT AGREEMENT,
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 City Council of the City of La Quinta, California, did on
the 16' of May, 2000, 6'h day of June, 2000, and 20th day of June, 2000, held duly
noticed Public Hearings to consider an amendment to the Development Agreement;
and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 9th 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
15th day of July, 1997, approve the original Development Agreement 97-002 and on
the 17th day of November, 1998, approved Development Agreement 97-002,
Amendment #1 for the development; 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
City Council did make the following Mandatory Findings to justify approving said
Development Agreement, Amendment #2:
1. 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.
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.
Ordinance No. 344
Development Agreement 97-002, Amendment #2
June 20, 2000
Page 2
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 City Council of the City of
La Quinta, California that it does ordain as follows:
SECTION 1. ENVIRONMENTAL. 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. 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 21166; and,
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
Ordinance No. 344
Development Agreement 97-002, Amendment #2
June 20, 2000
Page 3
SECTION 3: 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 by the La Quinta City Council at an
adjourned regular meeting this 5th day of July, 2000 by the following vote:
AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena
NOES: Council Member Adolph
ABSENT: None
ABSTAIN: None
JO PENMayor
City of La Quinta, California
ATTEST:
--e� zq�x�� -
JU REEK, CMC/AAE, ty Clerk
City of La Quinta, California
(City Seal)
Ordinance No. 344
Development Agreement 97-002, Amendment #2
June 20, 2000
Page 4
APPROVED AS TO FORM:
M. KAT 'RINE JENS , City Attorney
City of La Quinta, California
_ Ordinance No. 344
Development Agreement 97-002, Amendment #2
June 20, 2000
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, 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. 344 which was
introduced at a regular meeting on the 20th day of June, 2000, and was adopted at
an adjourned regular meeting held on the 5th day of July, 2000, not being less than
5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
JU E . REEK, CMC/AAE, City Clerk
City of La Quinta, California
�e : cD
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MA
IL TO:
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DOC a 2000-283639
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Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
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STC-SCSD 996a (Rev 8/97)
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement ("Amended Agreement") is made
and entered into this,:!ffday of o/ , 2000, by and between the CITY OF LA
QUINTA, a charter city ("City"), and ST MKO DEVELOPMENT COMPANY, a California
limited partnership ("Developer"). The City and Developer are hereinafter sometimes
referred to individually as a "Party".
RECITALS
This Amended Agreement is predicated upon the following facts:
A. The City and Developer 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 and Developer 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.
IIIIII IIIIII III IIIIIII IIII IIIIII IIIIII III IIIII IIII IIII e7 z000 SE es eeR
SACity Clerk\Ordinances\DA#2Restkgmt.wpd 1
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 May 16, 2000, and June 6, 2000, the City Council
of the City of La Quinta ("City Council"), after providing public notice as required by
law, similarly held public hearings 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. 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;
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:
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m
0I 1. Definitions: In this Second Amended Agreement, the defined terms will have the
@N same meaning as in the Original Agreement except as may be otherwise noted in this
CU
N Second Amended Agreement:
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1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No.
344 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 May 16, 2000.
C 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.
SACity Clerk\Ordinances\DA#2RestAgmt.wpd 2
IN WITNESS WHEREOF, this Second Amended Agreement has been
executed by the Parties on the day and year first above written, as authorized by
Ordinance No. 328 of the City Council of the City of La Quinta.
ATTEST:
J N GREEK, CMC/AAE, i y Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
L
<ATH _ INE JENSON, i
City of La Quinta, Califo is
CITY OF LA QUINTA, a Charter City
By:
J . PENA, yor
City of La Quinta, California
Attorney
STAMKO DEVELOPMENT COMPANY,
A CaliforniV�/imited Partne,�40ip
By:
Its:
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SACity Clerk\Ordinances\DA#2RestAgmt.wpd 3
State of California
County of Riverside
On July 11, 2000 before me, Regenia Hensley Notary Public, personally appeared
JOHN J. PENA personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
(Seal)
_ REGENIA HENSLEY
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Document Description: Second Amendment to Development Agreement Sfamko)
Number of Pages: Four 4) including Notary Page
Date of Document: July 5, 2000
u�wu�min�uiw�i�imi� .,_��=oIIIIII r,M
State of California
County of Riverside
On July 13. 2000 before me, Regenia Hensley Notary Public, personally appeared
CHRISTINE F. CLARKE personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her authorized capacity,
and that by her signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
REGENIA HENSLEY
Coffiffaan #110M
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Document Description: Second Amendment to Development Agreement ( mko)
Number of Pages: Four (4) in in N_o Page
Date of Document: July 5. 2000
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