Loading...
CC Resolution 2001-043RESOLUTION 2001-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 53,500 SQUARE FOOT COMMERCIAL/OFFICE COMPLEX SPECIFIC PLAN 2000-049 McDERMOTT ENTERPRISES WHEREAS, the City Council of the City of La Quinta, California, did, on the 17th day of April, 2001, hold a duly -noticed Public Hearing to consider a recommendation from the Planning Commission regarding Specific Plan 2000-049, a request by McDermott Enterprises to develop a 53,500 square foot commercial/office complex on a 4.9 acre site located at the southeast corner of 47th Avenue and Washington Street and more particularly described as: A PORTION OF PARCEL 2 OF PARCEL MAP 9618, AND PORTIONS OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27'h day of March, 2001, hold a duly -noticed Public Hearing to consider a recommendation to the City Council on Specific Plan 2000-049, and at said hearing, did recommend approval of said Specific Plan; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Planning Commission has determined that the proposed Specific Plan could not have a significant adverse impact on the environment provided that recommended mitigation is required, and that a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, at the Public Hearing, upon considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following findings to justify approval of Specific Plan 2000-049: The proposed Specific Plan is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan land use designation of M/RC and other current City standards when considering the required mitigation measures to be imposed. Resolution No. 2001-43 Specific Plan 2000-049 McDermott Enterprises April 17, 2001 Page 2 2. The proposed Specific Plan will not create conditions materially detrimental to the public health, safety and general welfare, as the site design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in the Lake La Quinta tract and surrounding area, and with the overall design quality prevalent in the City. 3. The proposed Specific Plan is compatible with the zoning on adjacent properties, as the project contemplates land uses that are substantially equivalent to those permitted under existing zoning for permitted uses, and which were previously addressed in the EIR certified for the General Plan. Specifically, development of existing CR-zoned land is considered to implement zoning consistency with the General Plan. 4. The proposed Specific Plan is suitable and appropriate for the subject property, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan, and which were previously addressed in the EIR certified for the General Plan. Specifically, development of the site as M/RC land use is considered to be suitable and appropriate due to the General Plan designations for existing and approved residential and commercial development/land use in the surrounding areas. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve Specific Plan 2000-049 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 17th day of April, 2001, by the following vote, to wit: Resolution No. 2001-43 Specific Plan 2000-049 McDermott Enterprises April 17, 2001 Page 3 AYES: Council Members Adolph, Henderson, Perkins, Mayor Pro Tern Sniff NOES: None ABSENT: Mayor Pena ABSTAIN: None STANLEY SNIFF, ayor Pro m City of La Quinta, California ATTEST: JU REEK, CIVIC, City CFerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M/I�THERINE JENSON, City Attorney C ty,/of La Quinta, California- RESOLUTION NO. 2001-43 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2000-049 WDERMOTT ENTERPRISES APRIL 17, 2001 GENERAL CONDITIONS OF APPROVAL Specific Plan 2000-049 (SP 2000-049) shall be developed in compliance with these conditions, the Specific Plan document, and all approved site plan, elevation, color, materials and other exhibits submitted for this application and any subsequent amendment(s). In the event of any conflicts between these conditions and the provisions of SP 2000-049, the conditions shall take precedence. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are also included in the Site Development Permit shall be made to the latter to ensure consistency. The project proponent shall submit amended documents within 30 days of City Council approval of the Specific Plan and Site Development Permit, or issuance of a grading permit, whichever occurs first. 4. SP 2000-049 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2000-405 • Site Development Permit 2001-691 • Tentative Parcel Map 29889 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. The Specific Plan document for SP 2000-049, dated March 21, 2001, shall be revised in conformance with the following: A. The northeast corner two-story building shall not exceed 28 feet in height. Resolution No. 2001-43 Specific Plan 2000-049 Conditions of Approval - Final McDermott Enterprises April 17, 2001 Page 2 B. Page 14, Trash Enclosure locations - The Specific Plan shall include a satellite trash enclosure location plan which has been reviewed by Waste Management per Condition 6 of SDP 2001-691. C. Figures 9, 12 and 13, for the temporary bank facility, shall be revised to show that access to and from Washington Street shall be limited to use of the one existing drive approach. C. Page 16, Temporary Bank Facility - Amend text: "If the permanent bank facility is not completed within a two-year period from its effective approval date, then the temporary use shall be removed unless substantial completion on said permanent bank facility has been pursued. The determination on 'substantial completion' shall be made by the Community Development Director". D. The Specific Plan shall require that a facility to accommodate a minimum of five bicycles shall be provided for any restaurant use (pp. 14, 32, 43). E. Drainage Plan - Section F, Page 25, shall include reference to an appendix of the Specific Plan which shall contain the signed drainage agreement between Lake La Quinta and the applicant. G. Page 32, Property Development Standards, shall be amended to reflect the preceding requirements 4.A and 4.C. H. Page 38 and 39, Signage (sic) Guidelines - Change all reference to 'signage' to 'sign' or signs'. Amend text: "A detailed sign program for the Specific Plan area will be submitted prior to occupancy permits for any permanent building". 6. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff - level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. Resolution No. 2001-43 Specific Plan 2000-049 Conditions of Approval - Final McDermott Enterprises April 17, 2001 Page 3 7. All aspects of this project (plan preparation, all construction phases, operations, etc.) shall be subject to and comply with the adopted Mitigation Monitoring Program and Negative Declaration (EA 2000-405), as certified by the La Quinta City Council. 8. All other applicable conditions of approval for SDP 2001-691, TPM 29889 and any subsequent amendment(s) shall be incorporated into the revised text for SP 2000-049 in the appropriate sections. The revised Specific Plan document shall be submitted to the Community Development Department for compliance review prior to issuance of any permit for a permanent building.