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CC Resolution 2004-010 Jefferson Square SP 2002-062RESOLUTION NO. 2004-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, TO ALLOW A t 102, 402 SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET. CASE NO.: SPECIFIC PLAN 2002-062 APPLICANT: JEFFERSON-WARING, LCC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4' day of November, 2003, and the 20' day of January, 2004, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to approve development principles and design guidelines to allow a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site, generally located at the southwest corner of Fred Waring Drive and Jefferson Street, more particularly described as follows: APNs: 604-0.70-003. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10t' day of June, 24" day of June, 9" day of September, and the 14" day of October, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to recommend to the City Council approval of development principles and design guidelines to allow a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site; 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 (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-462), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact should be certified and filed; 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 make the following mandatory findings to approve said Specific Plan: Resolution No. 2004-010 Specific Plan 2002-062 Jefferson -Waring, LLC January 20, 2004 Page 2 1. Consistency with the General Plan: The proposed Specific Plan is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is consistent with the intent of the Neighborhood Commercial (NC) Land Use designation. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project complies with the development standards, as conditioned in the Specific Plan for the project. 3. Land Use Compatibility: The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the Neighborhood Commercial Land Use designation under the City's General Plan. 4. Property Suitability: The Specific Plan, as proposed, is suitable and appropriate for the subject property in that it establishes development and design guidelines that are consistent with the standards of the Neighborhood Commercial Land Use designation under the City's General Plan and Zoning Map, and is consistent with the goals, objectives and policies of the City's General Plan. 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 for this Specific Plan; 2. That it does hereby approve Specific Plan 2002-062 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of January 2004, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None Resolution No. 2004-010 Specific Plan 2002-062 r-- Jefferson -Waring, LLC January 20, 2004 Page 3 DONALD ADOLf H, M4or City of La Quinta, California ATTEST: 14c� JUN EEK, CMC, Cit erk City of Li Quinta, California (CITY SEAL) APPROVED AS TO FORM: . K HERINE JE ON, City orney City of La Quinta, California CITY COUNCIL RESOLUTION 2004-010 SPECIFIC PLAN 2002-062 — JEFFERSON-WARING, LLC CONDITIONS OF APPROVAL -FINAL JANUARY 20, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Parcel Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The conditions of approval for this Specific Plan (SP 2002-062) are binding with the conditions of approval of Site Development Permit (SDP 2002-754) for the same project. 3. All public agency letters received for this case are made part of the case file documents for plan checking processes. 4. Approval of this Specific Plan is subject to compliance with Section 9.240.010 of the Zoning Code, as applicable. 5. The applicant shall revise the Specific Plan to reflect the driveway throat cuts to provide direct access to and from the proposed gas station site from the access points closest to the intersection at Jefferson Street and Fred Waring Drive. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Site Development Permit 2002 -754 and Specific Plan 2002-062.