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ORD 306 for DA 97-002 Stamko DevelopmentORDINANCE NO. 306 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT CO. CASE NO.: DEVELOPMENT AGREEMENT 97-002 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of July, 1997, hold a duly noticed Public Hearing for a Development Agreement; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of July, 1997, hold a duly noticed Public Hearing for a Development Agreement; 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 to approve said Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 97-029. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The land uses 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 Regional Commercial (CR) which permits the proposed uses provided conditions are met. 3. The proposed Development Agreement conforms with 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 a major automobile sales/services and mixed commercial complex. C:BJS\ORDDRFTSTAMKODEVAG Ordinance No. 306 The Agreement provides for development requirements that are in excess of City standards, such as the development density, intensity and potential adverse environmental impacts that are significantly more restrictive than those currently permitted under the applicable General Plan and Zoning Code provisions. In addition, entire landscape medians will be constructed on both Highway 111 and Adams Street. 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 City approvals to provide for necessary and desirable improvements and since these approvals 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. Approval of the Development Agreement will provide a positive fiscal impact on the City by providing new revenue to the general fund for services. 7. 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 govern Development Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. ENVIRONMENTAL. 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). The Community Development Department prepared as Environmental Impact Report (State Clearinghouse No. 97011055) under Environmental Assessment 97-337 for Specific Plan 97-029, Conditional Use Permit 97- 034, Parcel Map 28525 and Site Development Permit 97-603. Therefore, the Final Environmental Impact Report will adequately address the project. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. C:BJS\ORDDRFTSTAMKODEVAG 2 Ordinance No. 306 SECTION 3: 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. The foregoing Ordinance was approved and adopted at a special meeting of the City Council held on this 21 st day of July, 1997, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None C RON PERKINS, Mayor Pro Tern City of La Quinta, California I SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: dAm DAWN C. HONEYWEL , City Attorney City of La Quinta, California C:BJS\ORDDRFTSTAMKODEVAG 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 306 which was introduced on the 15T" day of July, 1997 and was adopted at a regular meeting held on the 21" day of July, 1997 not being less than 5 days after date of introduction thereof. I frier certify that the foregoing ordinance was posted in three (3) places within the Ci y f La Quinta as specified in a resolution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby cert'fy that the foregoing ordinance was posted on July 24, 1997 pursuant to City Co 'nil Resolution. AUNDRA L. JUH A, City Clerk City of La Quinta, California