ORD 424ORDINANCE NO. 424
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 CALLE ESTADO,
LLC
DEVELOPMENT AGREEMENT 2005-008
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 Planning Commission of the City of La Quinta did, on
the 22nd day of November, 2005, hold a duly noticed Public Hearing to consider the
Development Agreement, and did in fact adopt Planning Commission Resolution
2005-065, recommending approval to the City Council; and,
WHEREAS, the City Council of the City of La Quinta, California ("City
Council"), did on the 6th day of December, 2005, hold a duly noticed public
hearing to consider the Development Agreement Amendment; 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 the Conditions of Approval for Village Use Permit 2005-027, as
approved and adopted under La Quinta Planning Commission Resolution
2005-033.
2. The land use 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 Village Commercial, which
permits variations to the City's parking requirements. The proposed parking
provisions of Village Use Permit 2005-027, in conjunction with approval of
this Development Agreement, will provide assurance that the intent of
applicable land use regulations are met by the project.
Ordinance No. 424
Development Agreement 2005-008
Calle Estado, LLC
Adopted: December 20, 2005
Page 2
3. The proposed Development Agreement conforms to the public convenience
and the general welfare, by providing the means for public parking
improvements, and conforms to good land use practice by requiring an
acceptable alternative for the provision of
p parking, to accomplish
development of the contemplated commercial project.
4. 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, specifically Village Use Permit 2005-027, to
provide for necessary and desirable improvements, with these approvals
incorporated herein.
5. 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 conversely, will enhance them
by encouraging planned, phased growth.
6. Approval of this Development Agreement will have a positive fiscal impact
on the City, as it will providesupplemental funding towards necessary public
parking improvements in the Village at La Quinta, which might otherwise be
unattainable given currently available funding sources.
7. Consideration of this 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
Development Agreement in the form presented to the City Council concurrent with
the approval and adoption of this Ordinance, and authorizes and directs the City
Manager to sign the Development Agreement on behalf of the City, and the City
Clerk to record the Development Agreement in the Official Records of Riverside
County in accordance with applicable law.
Ordinance No. 424
Development Agreement 2005-008
Calle Estado, LLC
Adopted: December 20, 2005
Page 3
SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use
Permit 2005-027, as a Categorical Exemption under the Guidelines for
Implementation of the California Environmental Quality Act, Section 15332 (Infill
Development), was confirmed and adopted by the Planning Commission under
Planning Commission Resolution 2005-033. Said determination, along with the
approval for Village Use Permit 2005-027, was adopted by Planning Commission
on July 26, 2005. The Development Agreement does not involve changes to the
project itself, and there have been no changes in circumstances or new information
regarding the project or its setting that would require any subsequent
environmental review, pursuant to Section 15162 of the CEQA Guidelines.
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 on this 201h day of December, 2005, by the following
vote:
AYES: Council Members Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: Council Member Perkins
ABSTAIN: Council Member Osborne
DON ADOLPH, ayor
City of La Quinta, California
Ordinance No. 424
Development Agreement 2005-008
Calle Estado; LLC
Adopted: December 20, 2005
Page 4
ATTEST:
J GREEK, CMC, Ci1V Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
r
M. KAT ERINE JENSON ; ity Attorney
City of L Quinta, California
Ordinance No. 424
Development Agreement 2005-008
Calle Estado, LLC
Adopted: December 20, 2005
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA 1
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.424 that was
introduced at a regular meeting on the 6th day of December, 2005, and was
adopted at a regular meeting held on the 20h day of December, 2005, not being
less than 5 days after the date of introduction thereof.
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.
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on pursuant to
City Council Resolution.
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JUNK-S.; GREEK, CMC, City--Olerk
City of La Quinta, California