ORD 433
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA GUINTA, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LA GUINTA AND LDD SILVERROCK, LLC
DEVELOPMENT AGREEMENT 2006-012
WHEREAS, the Planning Commission, at its regularly scheduled
meeting of November 14, 2006, considered the request of the City of La Quinta to
enter into a Development Agreement with LDD SILVERROCK, LLC, establishing the
fees associated with Condo Hotel occupancy at the proposed hotels at SilverRock
Resort; and
WHEREAS, after consideration of all written and oral testimony
presElnted at the hearing, the Planning Commission recommended approval of the
. Development Agreement by the City Council; and
WHEREAS, the City Council, at its regularly scheduled meeting of
November 21, 2006, considered the Planning Commission's recommendation at a
public hearing, including all written and oral testimony; and
WHEREAS, at said 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 recommending
approval of said Development Agreement:
1. The proposed Development Agreement is consistent with the objectives,
policies, general land uses arid .programs of the City of La Quinta General
Plan and Specific Plan 06-080.
2. The. land uses authorized and regulations prescribed for the Development
Agreement. are compatible with the zoning and its related regulations
applicable to the property.
3. The proposed Development Agreement conforms to public convenience and
the general welfare by providing for extensive public improvements and
conforms to good land use practice by encouraging a long-range,
comprehensive approach to the development of major hotel services and
commercial development.
Ordinance No. 433
LDD SUverRock I Development Agreement
Adopted: December 5, 2006
Page 2
4. Approval of this Development Agreement will not be detrimental to the
health, safety, and general welfare since adequate provisions has been made
in previous City approvals. to provide for necessary and desirable
improvements which are 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 rather will. enhance them by
encouraging planned,.phased growth. .
6. 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.
WHEREAS, said Development Agreement has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63) in that the La Quinta Community
Development Department has determined that the proposed Development
Agreement was previously reviewed as part of the Mitigated Negative Declaration
for the SilverRock Resort Specific Plan (EA No. 2002-453) and its Addendum,
approved by the City Council under Resolution No. 2006-082, and that conditions
have not changed, the project is in substantial conformance with the Specific Plan,
and no further environmental review is required (PRC Section 21166).
THE CITY COUNCIL OF THE CITY OF LA GUINTA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS: .
SECTION 1. FINDINGS AND APPROVAL: The above recitals are adopted as the
findings of the City Council and the City Council approves the Development
Agreement and authorizes the City Manager to execute the Agreement.
SE;CTION 2. E;FFECTIVE.DATE: AND RECORDATION: This Ordinance shall be in full
force and effect thirty (30) days aher its adoption. Within 10 days. after the
effective date of this Ordinance, the City Clerk shall cause the fully executed
Development Agreement to be recorded in the office of the Riverside County
Recorder.
Ordinance No. 433
LDD SilverRock I Development Agreement
Adopted: December 5,2006
Page 3
SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at
least three public places designated by resolution of the City Council, shall certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and
its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 5th day of December, 2006 by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOE;S: None
ABSENT: None
ABSTAIN: None
(\,.,~
DON AD LPH, yor
City of La Quinta, California
ATTEST:
~
VERONICA J. M . rECINO, CMC, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
Ordinance No. 433
LOO SlIverRock I Development Agreement
Adopted: December 5. 2006
Page 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINT A ) .
I, VERONICA J. MONTECINO, 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.
433 which was introduced at a regular meeting on the 21st day of November,
2006, and was adopted at a regular meeting held on the 5th day of December,
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 Quinta as specified in City Council Resolution 98.109: .
V RONICA J. MO C NO, CMC, City Clerk
City of La Quinta, California
::
. -
. DECLARATION OF POSTIN&
.~
c
, .
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
. hereby certify that the foregoing ordinance was posted on~, /5 ....?Od ~ ,
pursuant to Cooncil Resolution. .
L{dt?,OL
1~/I1o&
VERONICA J. MON CINO, CMC, City Clerk
City of La Quinta, alifornia .