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ORD 385ORDINANCE NO. 385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CENTER POINT DEVELOPMENT, LLC WHEREAS, California Government Code Section 65864 et seq. (The "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and WHEREAS, the La Quinta Redevelopment Agency has negotiated a disposition and development agreement (the "DDA") with Center Point Development, LLC (the "Developer") that is being considered concurrently herewith, pursuant to which the Developer may purchase certain real property located within the City (the "Property"); and WHEREAS, pursuant to the DDA, the Developer has an equitable interest in the Property and qualifies to enter into a development agreement pursuant to the Development Agreement Law; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 3' of June, 2003, hold a duly noticed public hearing to consider a development agreement by and between the City of La Quinta and the Developer (the "Development Agreement"); and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27" of May, 2003, hold a duly noticed Public Hearing to consider the Development Agreement and the recommendation of the Planning Commission has been received by the City Council; and WHEREAS, at said City Council 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 the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-055. Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page 2 2. The property is within the Tourist Commercial, Medium Density Residential, Office and Park Districts of the 2002 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 3. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential, Office, and Park which permits the proposed uses provided conditions are met. 4. The proposed Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 5. Approval of this 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. 6. Approval of this 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. 7. Consideration of 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. 8. The City Council authorizes the City Manager and City Attorney to make final modifications to the Agreement that are consistent with substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: Ordinance No. 385 r — Center Point Development, LLC Adopted: June 17, 2003 a Page 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Agreement on behalf of the City, and the City Clerk to record the Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. Said Development 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 Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has been prepared for the proposed Specific Plan 2001-055, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. 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 at a regular meeting of the La Quinta City Council held this 17t' day of June, 2003 by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page 4 DON A13OLPH, ayor City of La Quinta, California ATTEST: Jos. Z:1�� " -,Z) JUN . GREEK, CMC, ity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: i�'Z . KATHERINE JENSO , City Attorney City of La Quinta, California Ordinance No. 385 Center Point Development, LLC } Adopted: June 17, 2003 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. 385 which was introduced at a regular meeting held on the 3Id day of June, 2003, and was adopted at a regular meeting held on the 17th day of June, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in hr of La Quinta as specified in a Resolution of the City Coun il. 2L�.' '�&- "el JU . GREEK, CMC, i y Clerk City of La Quinta, California places within the City