PCRES 2001-038PLANNING COMMISSION RESOLUTION 2001-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN 2000-049, ESTABLISHING
DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR
A 53,500 SQUARE FOOT COMMERCIAL/OFFICE COMPLEX
SPECIFIC PLAN 2000-049
McDERMOTT ENTERPRISES
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 271h day of March, 2001, hold a duly -noticed Public Hearing to consider
a recommendation on the Environmental Assessment for Specific Plan 2000-049, a
request by McDermott Enterprises to develop a 53,500 square foot commercial/office
complex on a 4.9 acre site located at the southeast corner of 47 h Avenue and
Washington Street and more particularly described as:
A PORTION OF PARCEL 2 OF PARCEL MAP 9618,
AND PORTIONS OF THE NORTHEAST AND SOUTHEAST QUARTERS
OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST
WHEREAS, said Specific Plan application 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 Community
Development Department has determined that the proposed Specific Plan could not
have a significant adverse impact on the environment provided that recommended
mitigation is required, and that a Mitigated Negative Declaration of Environmental
Impact should be filed; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following findings to justify their recommendation for
certification of said Environmental Assessment:
1. The proposed Specific Plan 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 M/RC and other current City standards when considering the
required mitigation measures to be imposed.
2. The proposed Specific Plan will not create conditions materially detrimental to
the public health, safety and general welfare, as the site design aspects of the
proposed Site Development Permit will be compatible with and not detrimental
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Planning Commission Resolution 2001- 038
to surrounding development in the Lake La Quinta tract and surrounding area,
and with the overall design quality prevalent in the City.
3. The proposed Specific Plan 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 permitted uses, and
which were previously addressed in the EIR certified for the General Plan.
Specifically, development of existing CR-zoned land is considered to implement
zoning consistency with the General Plan.
4. The proposed Specific Plan is suitable and appropriate for the subject property,
as the project contemplates land uses that are substantially similar to those
already assessed under ultimate development of the La Quinta General Plan,
and which were previously addressed in the EIR certified for the General Plan.
Specifically, development of the site as M/RC land use is considered to be
suitable and appropriate due to the General Plan designations for existing and
approved residential and commercial development/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 Planning Commission in this case;
2. That it does hereby recommend approval of Specific Plan 2000-049 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 Planning Commission held on this 27" day of March 2001, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins
NOES: None
ABSENT: None
ABSTAIN: None
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Planning Commission Resolution 2001- 038
STEVE ROBBINS, Chairman
City of La Quinta, California
ATTEST:
HERMp,N, Community Development Director
La Quinta, California
PLANNING COMMISSION RESOLUTION 2001-038 EXHIBIT "A"
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2000-049
McDERMOTT ENTERPRISES
MARCH 27, 2001
*Modified by Planning Commission on 03/27/01
GENERAL CONDITIONS OF APPROVAL
1. Specific Plan 2000-049 (SP 2000-049) shall be developed in compliance with
these conditions, the Specific Plan document, and all approved site plan,
elevation, color, materials and other exhibits submitted for this application and
any subsequent amendment(s). In the event of any conflicts between these
conditions and the provisions of SP 2000-049, the conditions shall take
precedence.
2. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "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 or any application thereunder. The City shall have sole discretion in
selecting its defense counsel.
3. All changes to the Specific Plan which are also included in the Site Development
Permit shall be made to the latter to ensure consistency. The project proponent
shall submit amended documents within 30 days of City Council approval of the
Specific Plan and Site Development Permit, or issuance of a grading permit,
whichever occurs first.
4. SP 2000-049 shall comply with all applicable conditions and/or mitigation
measures for the following related approvals:
• Environmental Assessment 2000-405
• Site Development Permit 2001-691
• Tentative Parcel Map 29889
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Community Development Director shall determine
precedence.
5. The Specific Plan document for SP 2000-049 shall be revised in conformance
with the following:
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Specific Plan SP 2000-049
Conditions of Approval - Adopted
March 27, 2001
*A. The northeast corner two-story building shall not exceed 28 feet in
height.
B. Page 12, Trash Enclosure locations - The Specific Plan shall include a
satellite trash enclosure location plan which has been reviewed by Waste
Management per Condition 6 of SDP 2001-691 .
C. Figures 9, 12 and 13 for the temporary bank, shall be revised to show
one access point, oriented to the southernmost edge of the temporary
site at the existing driveway approach.
D. Page 14, Temporary Bank Facility - Amend text: "If the permanent bank
facility is not completed within a two-year period from its effective
approval date, then the temporary use shall be removed unless
substantial completion on said permanent bank facility has been pursued.
The determination on 'substantial completion' shall be made by the
Community Development Director".
E. The specific plan shall require that a facility to accommodate a minimum
of five bicycles shall be provided for any restaurant use (pages 12, 40).
F. Drainage Plan - Section F, Page 23, shall include reference to an
appendix of the specific plan which shall contain the signed drainage
agreement between Lake La Quinta and the applicant.
G. Page 30, Property Development Standards, shall be amended to reflect
the preceding requirements 4.A and 4.C.
H. Page 36, Signage (sic) Guidelines - Change all reference to 'signage' to
'sign' or signs'. Amend text: "A detailed sign program for the Specific
Plan area will be submitted prior to occupancy permits for any permanent
building".
6. 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-
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Specific Plan SP 2000-049
Conditions of Approval - Adopted
March 27, 2001
level basis and shall not constitute a requirement to amend the Specific Plan.
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.
7. 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 2000-405), as certified by the La Quinta
City Council.
8. All other applicable conditions of approval for SDP 2001-691, TPM 29889 and
any subsequent amendment(s) shall be incorporated into the revised text for SP
2000-049 in the appropriate sections. The revised Specific Plan document shall
be submitted to the Community Development Department for compliance
review prior to issuance of any permit for a permanent building.
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