ORD 328ORDINANCE NO. 328
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT, AMENDMENT #1 BY
AND AMONG THE CITY OF LA QUINTA AND
STAMKO DEVELOPMENT COMPANY
CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #1
APPLICANT: STAMKO DEVELOPMENT COMPANY
WHEREAS, the City Council of the City of La Quinta, California, did on
the 171h day of November, 1998, hold a duly noticed Public Hearing to consider an
amendment to the Development Agreement; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 13th of October, 1998, and 10th day of November hold duly noticed Public
Hearings to consider an amendment to the Development Agreement; and,
WHEREAS, the City Council of the City of La Quinta, California, did on
the 151h day of July, 1997, approve and adopt under Ordinance 306 the 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 of approval to justify
approving said Development Agreement, Amendment #1:
1. The proposed amended 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, Amendment #1.
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 amended
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.
Ordinance No. 328
Development Agreement 97-002, Amendment #1
December 1, 1998
Page 2
3. The proposed amended 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.
The amended 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 1 1 1 and Adams Street.
4. Approval of this amended 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 amended 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 amended 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 amended 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.
8. Said amended 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
completed Environmental Assessment 97-337 for the original project. An
Environmental Impact Report, State Clearinghouse No. 9701 1055 was certified
by the City Council in 1996 for this project. A Supplemental EIR has been
prepared for the proposed amended Specific Plan, Site Development Permit and
Development Agreement.
_ Ordinance No. 328
Development Agreement 97-002, Amendment #1
December 1, 1998
Page 3
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City Council hereby approves the Amended Development
Agreement and authorizes the Mayor to execute and the City Manager to follow
through in all acts necessary to implement the Amended Development Agreement.
SECTION 2. ENVIRONMENTAL. The City Council of the City of La Quinta
approved and adopted Resolution 97-62 Certifying the adequacy and completeness of
the EIR (State Clearinghouse Number 97011055) and adopted findings and a
Statement of Overriding Consideration for the original project. The City prepared a
Supplemental EIR to update the original EIR to analyze the potential environmental
impacts of the amended project and adopted Resolution 98-135 certifying the
adequacy and completeness of the SEIR and adopted findings and a Statement of
Overriding Considerations for the amended project.
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.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on this 15th, day of December, 1998, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff
NOES: None
ABSENT: Mayor Pena
ABSTAIN: None
Ordinance No. 328
Development Agreement 97-002, Amendment #1
December 1, 1998
Page 4
4, Q� -
JOHN J. PENA, MaVor
City of La Quinta, California
ATTEST:
AUNDRA L. JLKOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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. 328 which
was introduced on the 1st day of December, 1998 and was adopted at a regular
meeting held on the 151h day of December, 1998 not being less than 5 days after date
of introduction thereof.
I fu ther certify that the foregoing ordinance was posted in three (3) places within the
Cit of La Quinta as specified in a resolution of the City Council.
AUNDRA L. JU LA, 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
cer 'fy that the foregoing ordinance was posted on December 23, 1998 pursuant to
,;AUNDRA
Council Resolution.
JUL.HOLA, City Clerk
City of La Quinta, California