ORD 426
ORDINANCE NO. 426
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 NISPERO
PROPERTIES, INC.
DEVELOPMENT AGREEMENT 2005-009
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 Ouinta, California ("City
Council"), did on the 7th day of February, 2006, hold a duly noticed public hearing
to consider Development Agreement 2005-009, to allow development of a 19,433
gross s. f. office/coffee bar as recommended for approval under Village Use Permit
2005-032; and,
WHEREAS, the Planning Commission of the City of La Ouinta did, on
the 10th day of January, 2006, did in fact adopt Planning Commission Resolution
2006-003, recommending approval of Development Agreement 2005-009 to 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
approval of the Development Agreement:
1 . The proposed Development Agreement is consistent with the objectives,
policies, general land uses and programs of the City of La Ouinta General
Plan, and the Conditions of Approval for Village Use Permit 2005-032, as
approved and adopted under La Ouinta Planning Commission Resolution
2006-002.
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
penllits variations to the City's parking requirements. The proposed parking
provisions of Village Use Permit 2005-032, 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. 426
Development Agreement 2005;.()09
Nispero Properties, Inc.
Adopted: February 21. 2006
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 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 Cityapproval$, specifically Vìllage Use Permit 2005..032,· 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, or the
preservation of area-wide property values, but conversely, wil1 enhance them
by encouraging planned, phased growth.
6. Approval of this Development AgreementwiH have a positive fiscal impact
on the City, as it will provide supplemental funding towards necessary public
parking improvements in . theViHage 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 betaken by the City precedent to
the adoption of this Ordinance have been regularly ahdduly'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 Jaw.
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Ordinance No. 426
Development Agreement 2005-009
Nispero Properties, Inc.
Adopted: February 21, 2006
Page 3
SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use
Permit 2005-032, 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 2006-002. Said determination, along with the
. approval for Village Use Permit 2005-032, was adopted by Planning Commission
on January 10, 2006, and extends to include this Development Agreement, based
on its incorporation as part of the overall project, as defined under CEOA.
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 21 st day of February, 2006, by the following vote:
AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: One Vacancy
ABSTAIN: None
\
~~ï:6ou:b;or'
City of La Quinta, California
Ordinance No. 426
. Development Agreement2005~009
Nispero Properties, Inc.
Adopted: February 21, 2006
Page 4
ATTEST:
DDbD.~~
DEBORAH POWELL, Acting City Clerk
City of La Quinta,Califörnia
. (CITY SEAL)
APPROVED AS TO FORM:
Ill·
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Ordinance No. 426
Development Agreement 2005-009
Nispero Properties. Inc.
Adopted: February 21. 2006
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA OUINTA )
I, DEBORAH POWELL, Acting City Clerk of the City of La Ouinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance
No.426 that was introduced at a regular meeting on the 7th day of February, 2006,
and was adopted at a regular meeting held on the 21 st day of February, 2006, 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 Ouinta as specified in City Council Resolution 98-109.
~j~.t:.]) VZL ~ £ W L- C.s,,______
DEBORAH POWELL, Acting City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, DEBORAH POWELL, Acting City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on .- ,I ,:" . "-
pursuant to City Council Resolution.
-L~bû v{À- ~. -t::C) ~ c_ Co ç~._ _
DEBORAH POWELL, Acting City Clerk
City of La Quinta, California