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ORD 455ORDINANCE NO. 455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT NO. 2003-006, AMENDMENT NO. 3 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law"1 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, on or about December 18, 2003, the City Council of the City of La Quinta 1"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 Municipal Code (the "Original Development Agreement") which Original Development Agreement was modified on or about October 28, 2004 and on or about November 17, 2005 (with all modifications, the "Development Agreement"1; and WHEREAS, City staff and the Developer have negotiated an Amendment to the Development Agreement (the "Development Agreement Amendment"); and WHEREAS, the Planning Commission of the City did on the 1 1 `" day of March, 2008, hold a duly noticed Public Hearing to consider the Development Agreement Amendment 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 Development Agreement Amendment: Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 2 1. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 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 21. 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment 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. 3. The proposed Development Agreement Amendment 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. 4. Approval of this Development Agreement Amendment 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. 5. Approval of this Development Agreement Amendment 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 Amendment 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: Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment 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 Amendment on behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. Environmental Assessment 2001-436 and subsequent addendum were certified by the City Council on February 5, 2002, under Resolution No. 2002-07 and Resolution No. 2003-034 on June 3, 2003. The Development Agreement Amendment does not involve changes to the project itself. There have been no changes in circumstances or new information regarding the project or its setting that would require the preparation of a subsequent environmental review. Therefore, pursuant to Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act, no further environmental review is necessary in connection with the review of the Development Agreement Amendment. 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 15`h day of April, 2008, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 4 V ~, ~ DON ADO PH, a or City of La Quinta, California ATTEST: C VERONICA J ONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: - M. KATH RINE JE N, City Attorney City of La Quinta, California Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 5 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA 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. 455 which was introduced at a regular meeting on the 15t day of April, 2008, and was adopted at a regular meeting held on the 15`h day of April, 2008, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of L~ Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA MOf~1TECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on ~~,-/a.5~d', pursuant to Council Resolution. ~ VERONICA MONT~CINO, CMC, City Clerk City of La Quinta, California