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CC Resolution 2001-152RESOLUTION NO. 2001-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A COMMERCIAL OFFICE USE CASE NO.: CONDITIONAL USE PERMIT 2001-064 LATHROP DEVELOPMENT WHEREAS, the City Council of the City of La Quinta did on the 20th day of November, 2001, hold a duly noticed public hearing to consider the requirest of Lathrop Development for approval of a Conditional Use Permit for commercial and office uses, located north of Avenue 47, west of Adams Street within the Washington Square Specific Plan, more particularly described as: A.P.N. 643-090-016 WHEREAS, the Planning Commission of the City of La Quinta did on the 23d day of October, 2001, hold a duly noticed public hearing to consider the request of Lathrop Development for approval of a Conditional use Permit for commercial and office uses, located north of Avenue 47, west of Adams Street within the Washington Square Specific Plan. WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-429), and determined that the proposed Conditional use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended for certification; 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 find the following facts and reasons to justify the approval of said Conditional Use Permit: 1. The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial. 2. This project has been designed to be consistent with the provisions of the Zoning Code or amended as allowed in the applicable Specific Plan. Resolution No. 2001-152 Conditional Use Permit 2001-064 Lathrop Development November 20, 2001 Page 2 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified. 4. The site design of the project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. 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 certify a Mitigated Negative Declaration for this project. 3. That it does hereby approve of the above -described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of November, 2001, by the following vote to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Peria NOES: None ABSENT: None ABSTAIN: None JO N J. PEN , IAayor ' City ol La Quihla, California Resolution No. 2001-152 Conditional Use Permit 2001-064 Lathrop Development November 20, 2001 Page 3 ATTEST: JU S. GREEK, CMC, City Cler City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KAc ERINE JEN ON, City Attor y City La Quinta, California RESOLUTION 2001-152 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2001-064 LATHROP DEVELOPMENT NOVEMBER 20, 2001 GENERAL 1 . Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. The use of the subject property for commercial uses shall be in conformance with the approved exhibits and Conditions of Approval contained in Conditional Use Permit 2001-064, Specific Plan 1987-01 1, Amendment No. 3, Site Development Permit 2001-708 and Environmental Assessment 2001-429, unless otherwise amended by the following conditions. 3. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080D.