CC Resolution 2008-033 Jefferson Square SP 2002-062 Amend 2RESOLUTION NO. 2008-033
A RESOLUTION OF THE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
SPECIFIC PLAN AMENDMENT TO ALLOW A RETAIL
SHOPPING CENTER ON 10.7+ ACRES
CASE NO.: SPECIFIC PLAN 2002-062, AMENDMENT #2
REGENCY MARINITA LA QUINTA, LLC
WHEREAS, the City Council of the City of La Quinta, California did, on
the 6T" day of May, 2008, hold a duly noticed Public Hearing to consider a request
by Regency Marinita La Quinta, LLC for approval of a Specific Plan Amendment
amending the project for property located at the southwest corner of Jefferson
Street and Fred Waring Drive in the Neighborhood Commercial zoning district on
property more particularly described as:
APN 604-0521-005
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 8T" day of April, 2008, hold a duly noticed Public Hearing and
did recommend approval by adoption of Resolution 2008-011, subject to
Conditions; and
WHEREAS, the Planning Department published a public hearing notice
in the Desert Sun newspaper on April 24, 2008, for the City Council meeting as
prescribed by the Municipal Code with public hearing notices mailed to all property
owners within 500 feet of the site; and
WHEREAS, the La Quinta Planning Department has determined that
the request has been previously assessed in conjunction with Environmental
Assessment 2002-462 prepared for Specific Plan 2002-062 and Site Development
Permit 2002-754 which were certified by the City Council on June 20, 2004. No
changed circumstances or conditions are proposed, or new information has been
submitted which would trigger the preparation of a subsequent environmental
review pursuant to Public Resources Code Section 21166.
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said City
Council did make the following Mandatory Findings to justify approval of said
Specific Plan Amendment:
Resolution No. 2008-033
Specific Plan 2002-062, Amendment 2
Regency Marinita La Quints, LLC
Adopted: May 6, 2008
Page 2
1. The proposed Specific Plan Amendment is internally consistent with the
goals, objectives, and policies of the existing Specific Plan and General Plan
in that it will result in promoting commercial development in a balanced,
varied and logical manner that is compatible with the neighborhood.
2. Approval of the Specific Plan Amendment will not create conditions
materially detrimental to the public health, safety, and general welfare in that
the resulting project will provide adequate building and landscaped setbacks,
is well designed, and will comply with all applicable City, County, State and
Federal requirements.
3. The Specific Plan Amendment is suitable and appropriate for the property in
that it will allow construction of a retail shopping center on a site that is
zoned for such a use.
4. Approval of the Specific Plan Amendment is warranted because the
proposed uses will provide the surrounding residential uses with services that
presently do not exist in the immediate vicinity. The commercial use
proposed under the Specific Plan has been designated for such use prior to
development of the surrounding uses and has been designed to minimize
impacts on adjacent uses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California as follows:
That the above recitations are true and correct and constitute the findings of
said City Council in this case; and
2. That it does hereby approve Specific Plan 2002-062, 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 61n day of May, 2008, by the following vote, to
wit:
Resolution No. 2008-033
Specific Plan 2002-062, Amendment 2
Regency Marinita La Quinta, LLC
Adopted: May 6, 2008
Page 2
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
uo,t6j LL
DON ADOL , Mo
City of La Quinta, ifornia
ATTEST:
City of La
(SEAL)
VTECINO, CMC, City Clerk
California
APPROVED AS TO FORM:
M. KATHERFNE JENSON, it V Attorney
City of La Quinta, Califor
RESOLUTION 2008-033
CONDITIONS OF APPROVAL — FINAL
SPECIFIC PLAN 2002-062, AMENDMENT #2
REGENCY MARINITA, LA QUINTA, LLC
MAY 6, 2008
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 Specific Plan
Amendment. 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. Within 30 days of final approval of this Specific Plan Amendment by the City
Council, two draft revised copies of this Specific Plan incorporating the
following Conditions of Approval in the appropriate sections shall be submitted
to Planning Department for approval. Upon approval of the draft Specific Plan
Amendment by the Planning Department, five copies of the final Specific Plan
shall be submitted to the Planning Department.
3. Specific tenants identified in the Specific Plan may be changed to other tenants
provided they are allowable uses in the Neighborhood Commercial zone and the
Zoning Code required parking is provided.
S: \CityClerk\Resolutions\2008-033coa.doc