ORD 423ORDINANCE NO. 423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT
TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA,
LLC
DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 2
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement. Law") authorizes cities to enter into binding development
agreements with personshaving 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, on or about December 18, 2003, the City Council of the City
of La Quinta ("City" or "City Council," as applicable) entered into Development
Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer")
_ pursuant to California Government Code Section 65864 et seq. and Section 9.25.030
of the City's Municipal Code (the "Original Development Agreement"); and
WHEREAS, on or about October 28, 2004, the City Council of the City of
La Quinta ("City" or "City Council," as applicable) entered into that certain Amendment
No. 1 to Development Agreement with Developer to revise the transfer provisions set
forth therein ("Amendment No. 1 "); and
WHEREAS, the Original Development Agreement, as modified by
Amendment No. 1, is hereinafter referred to as the "Development Agreement"); and
WHEREAS, City staff and the Developer have negotiated an amendment
to the Development Agreement ("Amendment No. 2") to modify the description of
Developer's intended project; and
WHEREAS, concurrently with the Developer's negotiations with the City
regarding Amendment No. 2, Developer is processing through the City an amendment
to Specific Plan 2001-055 (the "Specific Plan Amendment") and an amendment to a
Disposition and Development Agreement entered into between the Developer and the
La Quinta Redevelopment Agency (the "Agency") concurrently with the City's and
Developer's entry into the Original Development Agreement (the "DDA Amendment")
to permit the requested revisions to the Developer's intended project; and
Ordinance No. 423
Development Agreement 2003-006, Amendment #2
CP Development La Quinta, LLC and City of La Quinta
Adopted: November 15, 2005
Page 2
WHEREAS, the Planning Commission of the City did on the 1 1 to day of
October, 2005, hold a duly noticed Public Hearing to consider Amendment No. 2 and
the recommendation of the Planning Commission for approval has been received by the
City Council; and
WHEREAS, the City Council of the City of La Quinta, California ("City
Council"), did on the 1 st day of November, 2005, hold a duly noticed public hearing to
consider Amendment No. 2; 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
Amendment No. 2:
1. The proposed Amendment No. 2 is consistent with the objectives, policies,
general land uses and programs of the City of La Quinta General Plan and
Specific Plan 2001-055, as modified by the Specific Plan Amendment.
2. The property is within the Tourist Commercial, Medium Density Residential,
Office Commercial and Park Districts of the General Plan 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 Amendment No. 2 will
be compatible with the zoning and its related regulations upon approval of the
Specific Plan Amendment. The site is zoned Tourist Commercial, Medium
Density Residential Commercial and Park which permits the proposed uses
provided the Specific Plan Amendment is approved and certain other conditions
are met.
4. The proposed Amendment No. 2 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 Amendment No. 2 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.
Ordinance No. 423
_- Development Agreement 2003-006, Amendment #2
CP Development La Quinta, LLC and City of La Quinta
Adopted: November 15, 2005
Page 3
6. Approval of Amendment No. 2 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 Amendment No. 2 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
— Amendment No. 2 in the form presented to the City Council concurrent with the
approval and adoption of this Ordinance, subject to the Agency's adoption of a
resolution approving the DDA Amendment and the City Council's adoption of a
resolution approving the Specific Plan Amendment, and the City Council hereby
authorizes and directs the Mayor to sign Amendment No. 2 on behalf of the City, and
the City Clerk to record Amendment No. 2 in the Official Records of Riverside County
in accordance with applicable law.
SECTION 2 ENVIRONMENTAL. Amendment No. 2 has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-68), in that the La Quinta Community Development
Department has completed Environmental Assessment (EA) 2005-551, an Addendum
to the previously certified EA 2001-436. This Addendum to the previously certified
Mitigated Negative Declaration of environmental impact has been certified by the City
Council.
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. 423
Development Agreement 2003-006, Amendment #2
CP Development La Quints, LLC and City of La Quinta
Adopted: November 15, 2005
Page 4
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 151h day of November, 2005, by the following vote:
AYES: Council Members Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: Council Members Osborne, Perkins
ABSTAIN: None U I
l
DON ADOI-0151, MA4or
City of La Quinta, California
ATTEST:
. GREEK, CM ' y Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHE E JENSO , City Attorney
City of La Quinta, California
Ordinance No. 423
Development Agreement 2003-006, Amendment #2
CP Development La Quinta, LLC and City of La Quinta
Adopted: November 15, 2005
Page $
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. 423 which was
introduced at a regular meeting on the 1" day of November, 2005, and was adopted
at a regular meeting held on the 15" day of November, 2005, 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 City Council Resolution 98-109.
J 5��
S. GREEK, C , ity Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La inta, California, do hereby certify that
the foregoing ordinance was posted on f/ /,Vo2o�S pursuant to Council
Resolution.
JLWeS. GREEK, C ity Clerk
City .of La Quinta, California