ORD 613 Club at Coral Mountain DA 2023-1000 - NEEDS EXHIBIT AORDINANCE NO. 613
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 CM WAVE DEVELOPMENT LLC
RELATING TO THE CLUB AT CORAL MOUNTAIN AND
FINDING THAT THE PROJECT IS CONSISTENT WITH
ENVIRONMENTAL ASSESSMENT 2019-0010
CASE NUMBER:
DEVELOPMENT AGREEMENT 2023-1000
APPLICANT: CM WAVE DEVELOPMENT LLC
WHEREAS, the City Council of the City of La Quinta, California did, on March 5,
2024, hold a duly noticed Public Hearing to consider a request by CM Wave Development
LLC for approval of General Plan Amendment 2023-1000, Zone Change 2023-1000,
Specific Plan Amendment 2023-0003, Tentative Tract Map 2023-0005 (TTM 37815), and
Development Agreement 2023-1000, for the Club at Coral Mountain project, a master
planned community on 386 acres of a 929 acre area located south of Avenue 58, north
of Avenue 60, and east and west of Madison Street, more particularly described as:
Assessor Parcel Numbers (APNs):
764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003,
766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002,
766-080-004, and 766-080-005
WHEREAS, the General Plan Amendment, Specific Plan Amendment, and
Tentative Tract Map were adopted by Council Resolution No. 2024-008, and the Zone
Change is being adopted by Ordinance No. 612 in accordance with state law; and
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 Design and Development Department published a public hearing
notice in The Desert Sun newspaper on February 23, 2024, as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within 500
feet of the site, and emailed or mailed to all interested parties who have requested
notification relating to the project; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did, on
January 23, 2024, hold a duly noticed Public Hearing to consider this request and did
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
Page 2 of 4
adopt Planning Commission Resolution No. 2024-004 recommending City Council
approval of the Development Agreement; and
WHEREAS, said Development Agreement has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as
amended (Resolution No. 1983-68). The City prepared an Environmental Impact Report
(SCH #2021020310) for Environmental Assessment 2019-0010. The City Council
adopted Resolution No. 2024-007 on March 5, 2024, certifying the Environmental Impact
Report for Alternative No. 2 and making Findings to determine that the benefits of the
proposed project outweigh the significant impacts associated with aesthetics, air quality,
greenhouse gas emissions and traffic as it pertains to vehicle miles traveled, and adopted
a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the
findings in support of this determination; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council did
make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta
Municipal Code to justify approval of said Development Agreement, included to this
Ordinance as Exhibit A, and incorporated herewith by this reference:
1. The Development Agreement is consistent with the objectives, policies, general
land uses, and programs specified in the General Plan and the Andalusia Specific
Plan, Amendment No. 5.
2. The Development Agreement is compatible with the uses authorized in and the
regulations prescribed in the Andalusia Specific Plan and implements the Specific
Plan's design features.
3. The Development Agreement is in conformity with the public necessity, public
convenience, general welfare, and good land use practices because it will create
a revenue stream to assure that public safety costs incurred by the City for the
project will be paid for by the project.
4. The Development Agreement will not be detrimental to the health, safety, and
general welfare, as it provides for the long term ordered development of a master
planned community.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values insofar as it will ensure that
development occurring on the site will generate revenues and assure high quality
development.
6. The Development Agreement will have a positive fiscal impact on the city by paying
mitigation fees for services it requires, and additional Transient Occupancy Tax
and Sales Tax revenues.
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
Page 3 of 4
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true
and constitute the Findings of the City Council in this case, and that the City Council
hereby approves and incorporates herein by this reference Development Agreement
2023-1000 by the adoption of this Ordinance and authorizes the City Manager to execute
the same in substantially the form presented to the City Council with the adoption of this
Ordinance.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it 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 permanent record of Ordinances of the City of La Quinta.
SECTION 4. CORRECTIVE AMENDMENTS: The City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to this Ordinance to ensure consistency of all approved text amendments
prior to the publication in the La Quinta Municipal Code.
SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on this 19th day of March, 2024, by the following vote:
AYES: Councilmembers McGarrey, Pena, Sanchez, and Mayor Evans
NOES: Councilmember Fitzpatrick
ABSENT: None
ABSTAIN: None
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
Page 4 of 4
ATTEST:
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MONIKA RADE A, Ci Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IF-fRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, 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. 613 which was introduced
at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting
held on the 19th day of March, 2024, 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 the Rules of Procedure adopted by City Council Resolution No.
2022-027.
-J405;4--/
MONIKA RADEVA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on the 20th day of March 2024, pursuant to Council
Resolution.
MONIKA RADEVA, C ty Clerk
City of La Quinta, California