Loading...
ORD 395 ORDINANCE NO. 395 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC CASE NO.: DEVELOPMENT AGREEMENT 2003-006 APPLICANT: CP DEVELOPMENT LA QUINTA, 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 City Council of the City of La Quinta ("City" or "City Council", as applicable), on the 3rd of June, 2003, held a duly noticed public hearing to consider (i) a disposition and development agreement ("Original DDA") by and between the La Quinta Redevelopment Agency ("Agency") and Center Point Development, LLC, ~ ,, a California limited liability company (the "Original Developer"), pursuant to which the Original Developer agreed to purchase certain real property located within the City (the "Site"); and (ii) a development agreement ("Original Development Agreement") by and between the City and the Original Developer, pertaining to the Site. By adoption of City Council Ordinance No. 385, the City Council approved the Original Development Agreement; and WHEREAS, prior to execution of the Original Developmentl Agreement, the Original Developer requested certain changes thereto, including (i.) changing the developer entity from the Original Developer to CP Development La~ Quinta, LLC, a California limited liability company ("Proposed Developer"), (ii) revising the landscaping obligations of the Proposed Developer to account for the possibility that the City does not obtain certain landscaping grants, and (iii) revising the insurance requirements for the Proposed Developer; and WHEREAS, pursuant to the Original DDA, as revised, the Proposed Developer has an equitable interest in the Site 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 2nd of December, 2003, hold a duly noticed public hearing to consider the Revised Development Agreement; and, Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 16, 2003 Page 2 WHEREAS, the Planning Commission of the City of La Quinta, California, did' on the 25th of November, 2003, hold a duly noticed Public Hearing to consider the Revised 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 Revised Development Agreement: 1. The proposed Revised Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-005. 2. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1 992 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 ReviSed 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 and Park which permits' the proposed uses provided conditions are met. 4. The proposed Revised 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 Revised 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 Revised 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. Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 16, 2003 Page 3 7. Consideration of the Revised 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. 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: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Revised 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 Revised Development Agreement on behalf of the City, and the City Clerk to record the Revised Development Agreement in the Official Records of Riverside ,... County in accordance with applicable law. SECTION 2 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 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 2001-005. An Addendum has been prepared for the proposed Specific Plan 2001-005, 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. Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 16, 2003 Page 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of December, 2003, by the following vote to wit: AYES: Council Members Henderson, Osborne,. Perkins, Sniff, Mayor Adolph NOES' None ABSENT: None ABSTAIN' None DO~~AD ~o~H, Mayor City of La Quinta, California ATTEST- JUNE S..GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM' M./~/(THERJ~NI~ JENSON, Cit~A~torney City of La Quinta, California Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 16, 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. 395 which was introduced at a regular meeting held on the 2nd day of December, 2003, and was adopted at a regular meeting held on the 16th day of December, 2003, 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. CMC, City Clerk City of La Quinta, California