PCRES 2001-123PLANNING COMMISSION RESOLUTION 2001-123
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN 96-028, AMENDMENT #2
SPECIFIC PLAN 96-028, AMENDMENT #2
BART RINKER
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 25t' day of September, 2001, hold a duly -noticed Public Hearing to
consider a recommendation on Specific Plan 96-028, Amendment #2, a request by
Bart Rinker to revise building siting, architecture, colors and materials, landscaping and
drainage to allow an increase in building area pertaining to Parcel 2, located ±600 feet
south of Highway 1 1 1, east side of Dune Palms Road, more specifically described as
follows:
PARCEL 2 OF PM 28422
WHEREAS, the City Council of the City of La Quinta, California did, on
the 7" day of April, 1998, approve Specific Plan 96-028, Amendment #1, to revise
building siting, architecture, colors and materials, landscaping and drainage to allow
an increase in building area pertaining to Parcel 3; and,
WHEREAS, the City Council of the City of La Quinta, California did, on
the 4" day of February, 1997, approve Environmental Assessment 96-328 and
Specific Plan 96-028, to allow various uses in conjunction with requesting approval
for a 81,110 square foot commercial project on a 10.29 acre (gross) site; and,
WHEREAS, said Specific Plan amendment 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 La Quinta Community
Development Department has completed an addendum to Environmental Assessment
96-328 and the previously certified mitigated negative declaration. Based upon this
addendum, it has been determined that none of the circumstances set forth in Public
Resources Code 21166 have been shown to exist and, accordingly, an addendum
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:
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Planning Commission Resolution 2001-123
Specific Plan 96-028, Amendment #2
September 25, 2001
The proposed Specific Plan Amendment 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 Mixed/Regional Commercial and other
current City standards.
2. The proposed Specific Plan Amendment will not create conditions materially
detrimental to the public health, safety and general welfare, as the site design
aspects of the accompanying proposed Site Development Permit will be
compatible with and not detrimental to surrounding development in the Dune
Palms Center Specific Plan and surrounding area, and with the overall design
quality prevalent in the City.
3. The proposed Specific Plan Amendment 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 Mixed/Regional
Commercial permitted uses, the uses contemplated with the Dune Palms Center
Specific Plan. Specifically, development of existing Regional Commercial zoned
land is considered to implement zoning consistency with the General Plan.
4. The proposed Specific Plan Amendment is suitable and appropriate for the
subject property, as the project contemplates a land use that is substantially
similar to those already assessed under ultimate development of the La Quinta
General Plan. Specifically, development of the site as Mixed/Regional
Commercial land use is considered to be suitable and appropriate due to the
General Plan designations for existing and approved commercial 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 96-028, 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
Planning Commission held on this 25" day of September, 2001, by the following vote,
to wit:
Planning Commission Resolution 2001-123
Specific Plan 96-028, Amendment N2
September 25, 2001
AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels
NOES: None
ABSENT: None
ABSTAIN: None
WQLfES ABELS, Chairman
ity of La Quinta, California
ATTEST:
JERKY HERMYN, Community Development Director
City/of La Quinta, California
PLANNING COMMISSION RESOLUTION 2001-123 EXHIBIT "A"
CONDITIONS OF APPROVAL -ADOPTED
SPECIFIC PLAN 96-028, AMENDMENT #2 - BART RINKER
SEPTEMBER 25, 2001
GENERAL CONDITIONS OF APPROVAL
1. Specific Plan 96-028 (SP 96-028) shall be developed in compliance with these
conditions, the specific plan document as amended, and all approved site plan,
elevation, color, materials and other approved exhibits submitted for this
application and any subsequent amendment(s).
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. The specific plan document for SP 96-028 shall be revised in conformance with
the following:
A. Section 2.4.6 - The document shall incorporate language to allow
unenclosed shade and/or screen structures to locate within the 10 foot
building setback, which is behind the 20 foot landscape setback. In
general, the document shall reflect reductions in building setbacks for the
mini -mart parcel (Parcel 1) and the storage parcel (Parcel 3) as shown on
the approved site plan.
B. Section 2.4.8 - The parking table shall be revised to separate the building
area for Parcel 2, and to refer to the correct parking requirement of 1
space/300 square feet, and revise the number of spaces required. Parcel
1 shall show the restaurant use at 500 square feet and it's required
parking. The document table shall contain all correct footage and include
all correct number totals.
C. Section 2.5.4 - This section shall discuss the actual distance from the
Dune Palms Road/Highway 1 1 1 intersection to the Highway 111 access
drive, as well as identify potential for permitting shared access with the
easterly property, either via the Lapis access or another mutually
agreeable alternative. Eliminate the discussion of the second Dune Palms
access point in regard to full turn signalization; revise as right-in/right-out
only.
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Planning Commission Resolution 2001-123
Conditions of Approval - Adopted
Specific Plan 96-028, Amendment #2 - Bart Rinker
September 25, 2001
D. The Specific Plan shall reference that deviations from the Zoning Code
include the allowance of tandem parking for the auto retail use, location
of parking spaces on or within three feet of any property line, potential
reduction or elimination of requirement for 5% minimum interior
landscaping for Parcel 3, and allowance for a reduction in parking
requirements on Parcel 3.
E. All revisions related to Amendment #1 for SP 96-028 shall be
incorporated, pertaining to landscaping, berming, siting and building area
of the self storage (Parcel 3), the CNG fueling facilities for Desert Sands
(Parcel 4) and architectural, material and color changes as necessary for
the specific plan. Parcel 2 development shall incorporate all design -related
items associated with SP 96-028, as amended.
4. 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 -
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.
5. 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 96-328), as certified by the La Quinta
City Council.
6. All applicable conditions of approval for SDP 96-590 and any subsequent
amendment(s) shall be incorporated into the revised text for Specific Plan 96-
028 in the appropriate sections. The revised Specific Plan document shall be
submitted to the Community Development Department for compliance review
prior to issuance of a building permit for Parcel 2.
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Planning Commission Resolution 2001-123
Conditions of Approval - Adopted
Specific Plan 96-028, Amendment N2 - Bart Rinker
September 25, 2001
7. The retention area adjacent to Highway 1 1 1 shall be modified and or relocated,
to be in conformance with the Highway 111 Design Theme. Specifically, the
front setback shall only be used for some storm water retention falling within
the setback and adjacent right of way designed per the guideline criteria.
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