PCRES 2002-025PLANNING COMMISSION RESOLUTION 2002-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A PLANT
NURSERYIGARDEN CENTER, AND AUTO
REPAIR/SPECIALTY SHOP AND AN AUTO SERVICE
STATION IN CONJUNCTION WITH RETAIL BUILDING
"B"FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN
CASE NO.: CONDITIONAL USE PERMIT 2002-067
APPLICANT: STAMKO DEVELOPMENT CO.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 26TR day of February, 2002, hold a duly noticed Public Hearing, to consider
the request of the Stamko Development for the approval of a plant nursery/garden
center, and auto repair/specialty shop and an auto service station in conjunction with retail
Building "B" within a retail shopping center having 334,117+ square feet, located along the
south side of Highway 111 between La Quinta Centre Drive and 300 ±feet west of
Dune Palms Road, more particularly described as:
APNS 649-030-057, 058
WHEREAS, said Addendum has complied with the requirements of the
California Environmental Quality Act and "The Rules to Implement the California
Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the
La Quinta City Council) in that the Community Development Department has
determined that although the proposal could have a significant effect on the
environment, there will not be a significant effect in this case because all potentially
significant effects have been analyzed adequately in the earlier EIR and SEIR pursuant
to applicable standards and have been avoided, or mitigated pursuant to the earlier EIR
and SEIR, including revisions or mitigation measures that are imposed upon the
proposed project and/or were made a part of the Addendum and/or included in the
Conditions of Approval; 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 find the following facts and reasons to justify approval of
said Conditional Use Permit:
A. The project is consistent with the General Plan in that these types of units are
permitted in Regional Commercial zone with a Conditional Use Permit.
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Planning Commission Resolution 2002-025
Conditional Use Permit 2002-067 - Stamko
Adopted: February 26, 2002
B. This project has been designed to be consistent with the provisions of the
Zoning Code and applicable Specific Plan, or will be conditioned to be so in
areas of design development standards, parking, etc.
B. The site design of the project is appropriate for the use in that the uses comply
with applicable design requirements and are providing adequate landscaping and
are compatible with surrounding development.
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 approve Conditional Use Permit 2002-067 for the reasons
set forth in this Resolution, subject to the Conditions labeled Exhibit "A",
attached hereto;
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 26th day of February, 2002, by the
following vote, to wit:
AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels
NOES: None
ABSENT: None
ABSTAIN: None
ABELS, Chairman
Quinta, California
ATTEST:
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JE RY H AN
Co 1 munity Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2002-025
CONDITIONAL USE PERMIT 2002-067
STAMKO DEVELOPMENT COMPANY
ADOPTED: FEBRUARY 26, 2002
GENERAL
1. The approved Conditional Use Permit shall be used within five years of the
effective date of approval, otherwise, it shall become null and void and of no
effect whatsoever.
"Used" means the issuance of a building permit. A time extension may be
requested as permitted in Municipal Code Section 9.200.080D.
2. The use of this site shall be in conformance with the approved exhibits
contained in Conditional Use Permit 2002-067, Site Development Permit 2002-
728, and Specific Plan 97-029, unless otherwise amended by the following
conditions.
3. 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
development application or any application 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.
4. The Applicant has indicated its belief that the Retail B Building will be occupied
by Wal-Mart, which would relocate to Retail B from its existing building in La
Quinta. Should this relocation occur, in order to ensure the re -occupancy of the
existing Wal-Mart building and to avoid a situation in which vacant structures
would remain along the Highway 1 1 1 business corridor, the following conditions
shall apply:
a. As a condition to relocating to the Retail B Building, Wall -Mart shall keep
the landscape, hardscape, and building exterior at the existing Wal-Mart
site well maintained. The physical condition of the structure, hardscape
and landscaping shall be kept, at a minimum, at the level of condition
that exists as of the date the Project is approved. In addition, nothing
shall be done to the existing structure that would give the appearance
that the building has been vacated. As an example, the windows may
not be boarded. Any graffiti shall be removed within two business days.
The site shall not be used for storage.
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Planning Commission Resolution 2002-025
Conditions of Approval - Adopted
Conditional Use Permit 2002-067
February 26, 2002
b. In order to ensure the full reoccupation of the existing Wal-Mart building
by one or more commercial retail users within a reasonable time period
(not to exceed 24 months) following any relocation of Wal-Mart from the
existing building and into the Retail B Building, the following additional
condition is imposed upon the Project. Within 90 days of approval of this
Project, and prior to issuance of a building permit for Retail B Building,
the City and Wal-Mart shall execute either (i) an option agreement
satisfactory to the City which provides the City the option of purchasing
the approximately 13 acre Wal-Mart property in the City of La Quinta,
both the existing Wal-Mart building and all surrounding parking lot areas
owned by Wal-Mart (the "Existing Building"), or (ii) at the City's option,
shall execute other agreements satisfactory to the City that ensure that
the Existing Building will be fully reoccupied by one or more commercial
retail users within a reasonable time period, as defined above. The
agreement referenced in (i) or (ii) shall be referred to hereinafter as the
"Agreement". If the City and Wal-Mart fail to execute the Agreement
within 90 days of Project approval, Stamko Development's entitlement
approvals shall remain effective for Retail B Building -- and this condition
of approval shall be deemed satisfied by the City -- so long as Retail B
Building at The Centre at La Quinta is not occupied by Wal-Mart. The
City and Wal-Mart may extend this 90 day period, if agreed to in writing,
up to 150 days, but in no event will a building permit issue if the
Agreement has not been executed. Any extensions agreed to beyond
150 days shall require Stamko Development's prior written approval.
This condition of approval applies to Retail B Building only, and will have no
application to the issuance of building permits for any other development in
Planning Area III of The Centre of La Quinta Specific Plan.
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