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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: /1 /)6 -Npq 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