ORD 344ORDINANCE 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:
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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