CC Resolution 2001-132RESOLUTION NO, 2001-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING APPROVAL TO AMEND
SPECIFIC PLAN 96-028 FOR A 23,184 SQUARE FOOT
RETAIL/COMMERCIAL BUILDING
SPECIFIC PLAN 96-028, AMENDMENT #2
BART RINKER
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 96-028,
Amendment #2, a request by Bart Rinker to revise building siting, architecture, colors
and materials, landscaping and drainage to allow an increase in building area pertaining
to Parcel 2, located ± 600 feet south of Highway 111, east side of Dune Palms Road,
more specifically described as follows:
PARCEL 2 OF PM 28422
-- WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 251h day of September, 2001, hold a duly -noticed Public Hearing to
consider a recommendation to the City Council on Specific Plan 96-028, Amendment
#2, and at said hearing, did recommend approval of said Specific Plan Amendment;
and,
WHEREAS, the City Council of the City of La Quinta, California did, on
the 7th day of April, 1998, approve Specific Plan 96-028, Amendment #1, to revise
building siting, architecture, colors and materials, landscaping and drainage to allow
an increase in building area pertaining to Parcel 3; and,
WHEREAS, the City Council of the City of La Quinta, California did, on
the 4th day of February, 1997, approve Environmental Assessment 96-328 and
Specific Plan 96-028, to allow various uses in conjunction with requesting approval
for a 81,110 square foot commercial project on a 10.29 acre (gross) site; and,
WHEREAS, said Specific Plan amendment 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 La Quinta Community
Development Department has completed an Addendum to Environmental Assessment
96-328 and the previously certified mitigated negative declaration. Based upon this
Addendum, it has been determined that none of the circumstances set forth in Public
Resources Code 21 166 have been shown to exist and, accordingly, an addendum
should be filed: and
Resolution No. 2001-132
Conditions of Approval - FINAL
Specific Plan 96-028, Amendment #2
October 16, 2001
Page 2
WHEREAS, at said Public Hearing, upon hearing and 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 said Specific Plan
Amendment:
1. The proposed Specific Plan Amendment 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 Mixed/Regional Commercial and other
current City standards.
2. The proposed Specific Plan Amendment will not create conditions materially
detrimental to the public health, safety and general welfare, as the site design
aspects of the accompanying proposed Site Development Permit will be
compatible with and not detrimental to surrounding development in the Dune
Palms Center Specific Plan and surrounding area, and with the overall design
quality prevalent in the City.
3. The proposed Specific Plan Amendment 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 Mixed/Regional
Commercial permitted uses and the uses contemplated with the Dune Palms
Center Specific Plan. Specifically, development of existing Regional Commercial
zoned land is considered to implement zoning consistency with the General
Plan.
4. The proposed Specific Plan Amendment is suit}able and: appropriate for the
subject property, as the project contemplates a land use that is substantially
similar to those already assessed under ultimate development of the La Quinta
General Plan. Specifically, development of the site as Mixed/Regional
Commercial land use is considered to be suitable and appropriate due to the
General Plan designations for existing and approved commercial land use in the
surrounding areas.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission 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;
Resolution No. 2001-132
--- - Conditions of Approval - FINAL
Specific Plan 96-028, Amendment #2
October 16, 2001
Page 3
2. That it does hereby approve Specific Plan 96-028, Amendment #2 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 on this 16' day of October, 2001, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Mayor Pena
NOES: None
ABSENT: Council Member Sniff
ABSTAIN: None
JO`H . PEN"�ta,.
ayor
City La QuCalifornia
ATTEST:
5� 0 Wff JfJ
A . GREEK, CMC, Ity Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATI�E�RINE JENSON, City 7�ttorney
City of L�a�Quinta, California
RESOLUTION NO. 2001-132 EXHIBIT "A"
CONDITIONS OF APPROVAL -FINAL
SPECIFIC PLAN 96-028, AMENDMENT #2 - BART RINKER
OCTOBER 16, 2001
All recommended changes/additions/deletions in bold italics and
GENERAL CONDITIONS OF APPROVAL
1. Specific Plan 96-028 (SP 96-028) shall be developed in compliance with these
conditions, the specific plan document as amended, and all approved site plan,
elevation, color, materials and other approved exhibits submitted for this
application and any subsequent amendment(s).
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2. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quin to (the "City l 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.
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3. The specific plan document for SP 96-028 shall be revised in conformance with
the following:
A. Section 2.4.6 - The document shall incorporate language to allow
unenclosed shade and/or screen structures to locate within the 10 foot
building setback, which is behind the 20 foot landscape setback. In
general, the document shall reflect reductions in building setbacks for the
mini -mart parcel (Parcel 1), , and the
storage parcel (Parcel 3) as shown on the approved site plan.
Resolution No. 2001-132
Conditions of Approval - FINAL
Specific Plan 96-028, Amendment #2
October 16, 2001
Page 2
B. Section 2.4.8 - The parking table shall be revised to separate the building
area for Parcel 2, and to refer to the correct
parking requirement of 1 space/300 square feet, and revise the number
of spaces -required.
. Parcel 1 shall show the
restaurant use at 500 square feet and it's required parking.
, The document table shall contain all
correct footage and include all correct number totals.
C. Section 2.5.4 - This section shall discuss the actual distance from the
Dune Palms Road/Highway 111 intersection to the Highway 1 1 1 access
drive, as well as identify potential for permitting shared access with the
easterly property, either via the Lapis access or another mutually
agreeable alternative. Eliminate the discussion of the second Dune Palms
access point in regard to full turn signalization; revise as right-in/right-out
only.
D. The Specific Plan shall reference that deviations from the Zoning Code
include the allowance of tandem parking for the auto retail use, location
of parking spaces on or within three feet of any property line, potential
reduction or elimination of requirement for 5% minimum interior
landscaping for Parcel 3, and allowance for a reduction in parking
requirements on Parcel 3.
E. All revisions related to Amendment #1 for SP 96-028 shall be
incorporated, pertaining to landscaping, berming, siting and building area
of the self storage (Parcel 3), the CNG fueling facilities for Desert Sands
(Parcel 4) and architectural, material and color changes as necessary for
the specific plan. Parcel 2 development shall incorporate all design -related
items associated with SP 96-028, as amended.
4. 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.
Resolution No. 2001-132
-- Conditions of Approval - FINAL
Specific Plan 96-028, Amendment #2
October 16, 2001
Page 3
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.
5. 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 96-328), as certified by the La Quinta
City Council.
6. All applicable conditions of approval for SDP 96-590 and any subsequent
amendment(s) shall be incorporated into the revised text for Specific Plan 96-
028 in the appropriate sections. The revised Specific Plan document shall be
submitted to the Community Development Department for compliance review
prior to issuance of a building
permit for Parcel 2.
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7. The retention area adjacent to Highway 111 shall be modified and or relocated,
to be in conformance with the Highway 1 1 1 Design Theme. Specifically, the
front setback shall only be used for some storm water retention falling within
the setback and adjacent right of way designed per the guideline criteria rt