CC Resolution 2009-027RESOLUTION NO. 2009-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A
CONVALESCENT/REHABILITATION FACILITY AS PART
OF A MEDICAL OFFICE COMPLEX AND 10,000+
SQUARE FOOT RETAIL STORES LOCATED ON THE
NORTH SIDE OF FRED WARING DRIVE BETWEEN
WASHINGTON STREET AND PALM ROYALE DRIVE
CASE NO.: CONDITIONAL USE PERMIT 2007-105
APPLICANT: MAYER VILLA CAPRI, L.P.
WHEREAS, the City Council of the City of La Quinta, California, did on the
17`" day of March, 2009, hold a duly -noticed Public Hearing to consider the request
of MAYER VILLA CAPRI L.P. for approval of a Convalescent/Rehabilitation
facility as part of an 130,450± square foot medical office complex and 10,000+
square foot retail stores as part of a 104,000± square foot commercial complex,
located on the north side of Fred Waring Drive between Washington Street and
Palm Royale Drive, more particularly described as:
APN 609-070-053 AND 609-070-054
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 24" day of February, 2009, hold a duly -noticed Public Hearing on this
request and by adoption of Resolution 2009-007, did recommend approval of
Conditional Use Permit 2007-105, subject to Conditions; and,
WHEREAS, said Conditional Use Permit has been filed concurrently with a
Site Development Permit and Tentative Parcel Map and in whole represents the
development permit application for the project as contemplated; and,
WHEREAS, the Department has prepared a Final Environmental Impact
Report ("Final EIR"), State Clearinghouse #2007121009, in compliance with the
requirements of the California Environmental Quality Act (CEQA) of 1970 as
amended. The Final EIR was presented to the La Quinta City Council, which
reviewed and considered the information contained in the Final EIR, as well as all
testimony presented at the public hearing, and has adopted a Resolution certifying
that the EIR prepared for this application is recognized as adequate and complete,
recognizing the overriding considerations to certain significant environmental
impacts, and, recognizing the significant environmental effects which cannot be
avoided, but can be reasonably and substantially mitigated if the proposed project
is implemented; and
Resolution No. 2009-027
Conditional Use Permit 2007-105
Mayer Villa Capri, L.P.
Adopted: March 17, 2009
Page 2
WHEREAS, the Planning Department did publish a public hearing notice in
the Desert Sun newspaper, on the 6" day of March, 2009 for the City Council
hearing, and on the 13" day of February, 2009 for the Planning Commission
hearing, as prescribed by the Municipal Code, with public hearing notices mailed to
all property owners within 500 feet of the property in question; and,
WHEREAS, the Historic Preservation Commission, at their meeting held on
the 6th, day of December, 2007, reviewed the archaeological resources survey
associated with the application, and adopted a Minute Motion recommending
approval of the survey to the City Council, subject to staff -recommended
conditions; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of the
Conditional Use Permit:
Conditional Use Permit 2007-105 is consistent with the La Quinta General
Plan, in that the project site is designated as Community Commercial (CC)
which is intended to be developed with commercial uses similar to the
Convalescent/Rehabilitation and retail uses proposed herein. These
commercial uses will therefore help achieve the goals and uses of the CC
designation.
2. Conditional Use Permit 2007-105 is consistent with the La Quinta Zoning
Code in that it is conditionally permitted under the CC zoning designation.
The project's proposed uses are consistent with the uses identified in the CC
district and have been designed and is conditioned to comply with the
development standards of the CC district and other Zoning Code
requirements such as parking, setbacks, building heights, and landscaping.
3. Processing and approval of Conditional Use Permit 2007-105 is in
compliance with the requirements of the California Environmental Quality
Act. The La Quinta Planning Department has prepared a Final Environmental
Impact Report SCH #2007121009 (Final EIR) for the Project, which includes
Conditional Use Permit 2007-105, in compliance with the requirements of
the California Environmental Quality Act of 1970. The Final EIR was
presented to the City Council, who reviewed and considered the information
Resolution No. 2009-027
Conditional Use Permit 2007-105
Mayer Villa Capri, L.P.
Adopted: March 17, 2009
Page 3
contained in said Final EIR prior to their action on this application and
certified said Final EIR.
4. Approval of Conditional Use Permit 2007-105 will not create conditions
materially detrimental to the public health, safety and general welfare or be
injurious to or be incompatible with other properties or land uses in the
vicinity in that the use is self contained in a building that has been designed
to be compatible with the adjacent medical office buildings and commercial
complex. Furthermore, it is a significant distance from nearby residential and
school uses and will not create conditions, such as noise, -odors, traffic, etc.
that will be detrimental to adjacent properties. The use of 10,000+ square
foot retail buildings will not be detrimental to the surrounding existing and
proposed land uses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
I. That the above recitations are true and constitute the Findings of the
City Council in this case;
II. That it does hereby approve Conditional Use Permit 2007-105, as
referenced in the title of this Resolution, 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 City of La
Quinta City Council, held on this the 171" day of March, 2009, by the following
vote, to wit:
AYES: Council Members Franklin, Kirk, Sniff, Mayor Pro Tem Henderson
NOES: None
ABSENT: Mayor Adolph
ABSTAIN: None
TERRRY ENDERSON, Mayor Pro Tem
City of La Quinta, California
Resolution No. 2009-027
Conditional Use Permit 2007-105
Mayer Villa Capri, L.P.
Adopted: March 17, 2009
Page 4
ATTEST:
Veronica J. Wntecino, CMC, City Clerk
City of La Quinta, California
(Seal)
APPROVED AS TO FORM:
M. Katherine Jens n, City Attorney
City of La Quinta, California
Resolution No. 2009-027
Conditions of Approval
Conditional Use Permit 2007-105
MAYER VILLA CAPRI, L.P.
Adopted: March 17, 2009
Page 1 of i
GENERAL
1. The use of the subject property for a convalescent/rehabilitation facility as part
of a medical complex shall be in conformance with the approved exhibits and
conditions of approval contained in Conditional Use Permit 20073-105, Site
Development Permit 20063-875, Tentative Parcel Map 35088 and
Environmental Assessment 2006-582, unless otherwise amended by the
following conditions.
2. Unless established, the Conditional Use Permit shall be expire after two years of
the effective date of approval, and shall become null and void. A time extension
for this Conditional Use Permit may be requested as permitted in Municipal Code
Section 9.200.080 D.
3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta
in the event of any legal claim or litigation arising out of the City's approval of
this project. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.