PCRES 1996-037PLANNING COMMISSION RESOLUTION 96-37
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A DEVELOPMENT AGREEMENT BY
AND AMONG THE CITY OF LA QUINTA, HOME
DEPOT U.S.A., INC. AND CREDIT SUISSE LEASING
92A, L.P.
CASE NO.: DA-96-001
APPLICANT: HOME DEPOT U.S.A..
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 26`h day of November, 1996, hold a duly noticed Public Hearing for a
Development Agreement; and,
WHEREAS, said Development Agreement has complied with the
requirements of "The Rules to Implement the California Environm`"tal Quality Act of
1970" as amended (Resolution 83-631• The Community Development Department
prepared Environmental Assessment 96-325 for Specific Plan 96-027 and Conditional
Use Permit 96-02$. Based upon this assessment, the project was mitigated as
approved by the City Council on September 17, 1996 Therefore, the adopted
Mitigated Negative Declaration adequately addressed the project; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following Mandatory Findings of approval to justify
a recommendation for approval of said Development Agreement:
A. The proposed Development Agreement is consistent with the objectives,
policies, general land uses and programs of the City of La Quinta General Plan
and Specific Plan 96-027.
The property is within the Mixed/Regional Commercial (M/RCI District per the
provisions of the 1992 General Plan Update which permits the proposed use
and is consistent with the goals, policies and intent of the La Quinta General
Plan Land Use Element (Chapter 2) provided conditions are met.
B. The land uses authorized and regulations prescribed for the Development
Agreement are compatible with the zoning and its related regulations now
applicable to the property. The site is zoned Regional Commercial (CR) which
permits the proposed uses provided conditions are met.
RE596-37
Resolution 96-37
C. The proposed Development Agreement conforms with public; convenience and
the general welfare by providing for extensive public improvements and
conforms to good land use practice by encouraging long-range, comprehensive
approach to development of a major retail center.
D. Approval of this Development Agreement will not be detrimental to the health,
.safety and general welfare since adequate provision has been made in previous
City approvals to provide for necessary and desirable improvements and since
these approvals are incorporated herein.
E. Approval of this Development Agreement will not adversely affect the orderly
development of the subject or surrounding property nor the preservation of
area-wide property values, but rather will enhance them by encouraging
planned, phased growth.
F. Approval of the Development Agreement will provide a positive fiscal impact
on the City by providing new revenue to the general fund for services.
G. Consideration of the Development Agreement has been accomplished pursuant
to California Government Code Section 65864 et seq. And the City of La
Quinta Muriicipal Code Section 9.250.030, which govern Development
Agreements.
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 constitute the findings of the Planning
Commission in this case;
2. That it does recommend approval of the Development Agreement to the City
Council.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on this the 26th day of November, 1996, by
the following vote, to wit:
AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler and Chairman
Abels.
NOES: Commissioner Woodard.
RES96-37
Resolution 96-37
ABSENT: None.
ABSTAIN: None.
ATTEST:
HERf~/I~CT~ Community Development Director
La Quinta, California
RFS96 37