PCRES 2005-053PLANNING COMMISSION RESOLUTION 2005-053
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF SPECIFIC PLAN 2002-062, AMENDMENT #1
CASE: SPECIFIC PLAN 2002-062, AMENDMENT #1
APPLICANT: REGENCY MARINITA-LA QUINTA, LLC
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 251h day of October, 2005 hold a duly noticed Public Hearing to consider a
request by Regency Marinta-La Quinta, LLC, for approval of a Specific Plan
Amendment to establish development standards, principles, guidelines and programs
for lands totaling 10.6 acres and bounded by Jefferson Street on the east, and Fred
Waring Drive on the north, more particularly described as:
ASSESSOR'S PARCEL NUMBER 604-521-004
WHEREAS, the Community Development Department mailed case file
materials to all affected agencies for their review and comment on the proposed
project. All written comments are on file with the Community Development
Department; and
WHEREAS, the Community Development Department published a public
hearing notice in the Desert Sun newspaper on October 14, 2005, as prescribed by
the Municipal Code. Public hearing notices were also mailed to all property owners
within 500 feet of the 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 (Resolution 83-63) in that this development request has been
previously reviewed under Environmental Assessment 02-462, under the provisions of
the California Environmental Quality Act (CEQA). Based upon this Assessment, the
project will not have a significant adverse effect on the environment and no additional
environmental documentation is required. No changed circumstances or conditions are
proposed which would trigger the preparation of a subsequent Environmental
Assessment pursuant to Public Resources Code section 21 166; and
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said Planning
Commission did make the following Mandatory Findings to justify a recommendation
to the City Council for approval of said Specific Plan:
Planning Commission Resolution 2005-053
Specific Plan 2002-062 Amendment #1
Regency Marinita- La Quinta LLC
Page 2
Finding A - Consistency with General Plan
The property is designated Neighborhood Commercial. The Specific Plan will result in
development of up to 115,434 square feet of retail and service commercial space,
consistent with the land uses envisioned in the General Plan.
Finding B — Public Welfare Enhancement
The Specific Plan will not be detrimental to the public health, safety and welfare in
that the project is designed in compliance with the City's General Plan and Zoning
Ordinance, as well as other County and State standards, such as CEQA.
Findings C and D — Land Use Compatibility and Property Suitability
The Specific Plan is within a commercially designated and zoned area. The project
provides adequate buffering through landscaping and walls to ensure compatibility
with surrounding residential land uses. Additionally, the project will provide adequate
perimeter landscaping and acceptable architectural design guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California as follows:
That the above recitations are true and correct and constitute the findings of
said Planning Commission in this case; and
2. That it does hereby acknowledge that Environmental Assessment 2002-462 has
determined that no significant effects on the environment have been identified
and mitigation measures are being imposed if needed; and
3. That it does hereby recommend to the City Council approval of Specific Plan
2002-062, Amendment #1, 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`n day of October, 2005, by the following vote,
to wit:
AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk
NOES: None
P:\reports-pc\9-28-04\ sp 03-073 pc res.doc
Planning Commission Resolution 2005-053
Specific Plan 2002-062 Amendment #1
Regency Marinita- La Quinta LLC
Page 3
ABSENT: Commissioner Ladner
ABSTAIN: None
ity of La Quinta, California
ATTEST:
�✓y�
DOUGLAS .EVANS
Community Development Director
City of La Quinta, California
P:\reports-pc\9-28-04\ sp 03-073 pc res.doc
PLANNING COMMISSION RESOLUTION 2005-053
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-062, AMENDMENT #1
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 26, 2005
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Tentative
Parcel Map, or any Parcel Map recorded 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.
2. All public agency letters received for this case are made part of the case file
documents for plan checking processes.
3. Approval of this Specific Plan is subject to compliance with Section
9.240.010 of the Zoning Code, as applicable.
4. Within 30 days of City Council approval, the applicant shall deliver five
copies of the amended Specific Plan to the Community Development
Department, with all changes incorporated to reflect these Conditions of
Approval.
5. The Specific Plan shall be amended to provide a minimum 70 feet of
restricted access on all driveways accessing Fred Waring Drive and Jefferson
Street. A reduction in the restricted access may be allowed where
deceleration lanes are provided and the length of the deceleration lane is
sufficient to allow a car to come to a full stop.
6. The reference to Fred Waring Drive on Page 7 shall be changed from Primary
Arterial to Major Arterial, as designated in the General Plan.
7. The second sentence of the "Pedestrian" section on Page 22 shall be
amended to read: "Sidewalks will be designed eight feet wide and on -street
bicycle lanes will be eight feet except when adjacent to right turn
only/deceleration lanes, where they may be four feet wide."
8. The last sentence of the second paragraph of the "Grading Plan" section on
Page 23 shall be amended to read: "Rough and Precise Grading Plans are
subject to review and approval by the City according to standard engineering
protocols and recommendations of the Geotechnical Report, as approved by
the Public Works Department."
PLANNING COMMISSION RESOLUTION 2005-053
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-062, AMENDMENT #1
REGENCY MARINITA - LA QUINTA, LLC
OCTOBER 25, 2005
9. The following shall be added to the "Drainage" section on Page 23.
The design of the underground retention shall consider the potential location
of the underground storage tanks per Riverside County Flood Control and
Water Conservation District guidelines.
Tributary and upstream stormwater flow on Fred Waring Drive presently is
diverted to the site. Future site modification may be necessary to accept
tributary flow and upstream stormwater. Historical flow paths will be
identified and routing provided in the hydrology analysis equivalent to
historical flow direction. As local topography allows, tributary areas may
exceed limits of property lines adjacent to public roads. Verification of the
proposed storm water retention system is presently under review by the
Public Works Department. If the proposed retention capacity or pass through
storm water flow is found to be inadequate during final design based on the
approved hydrology study for the project, adjustments to the site layout to
accommodate the increased retention/detention or pass through capacity
required to satisfy safety issues of the Public Works Department may be
required.
10. The Specific Plan shall be amended (Page 27, "Principal Uses Permitted") to
allow restaurants with drive-thrus with approval of a Conditional Use Permit.
The City reserves the right to approve or disapprove drive-thru restaurants.
11. The minimum landscaped setback adjacent to Park and Open Space
designations shall be eight feet, with an average of 15 feet.
12. The landscaping palette shall eliminate crepe myrtle as a parking lot tree.
13, The Jefferson Street landscaping plans shall incorporate berming and screen
walls of up to 40 inches in height to screen the parking lot areas from public
view.
14. Hours of operation on Page 38 of the Specific Plan shall be amended to read:
The retail uses on site will operate from 6.00 AM to 12.00 AM, Monday
through Sunday. All uses in Shop 1, Pad C and Bank B/Parcel 6 shall operate
from 6.00 AM to 12.00 AM, Monday through Sunday. Restaurant uses, fast
food drive-thru (sic) type, except Bank B/Parcel 6, would be open 24 hours a
day, seven days a week, and the Market, Drug Store and fuel station would
also be open 24 hours a day, seven days a week.
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PLANNING COMMISSION RESOLUTION 2005-053
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-062, AMENDMENT #1
REGENCY MARINITA - LA QUINTA, LLC
OCTOBER 25, 2005
15. The project proponent shall reserve an area behind the corner cutback at the
intersection of Fred Waring Drive and Jefferson Street, of sufficient size to
allow for improvements associated with a Secondary Gateway designation
for this intersection, as referenced in the La Quinta General Plan. The area
should be between 300 and 600 square feet and consistently shaped in
relation to the ultimate right-of-way. The project proponent shall be
responsible for design and installation of improvements necessary to define a
Secondary Gateway, utilizing specific design elements which may include,
but not be limited to, low -profile City entry monument signing, upgraded
theme landscaping, decorative hardscape, enhanced lighting for design
features, small scale water featurelsl, and similar aesthetic enhancements.
The maintenance of the Secondary Gateway improvements shall be the
responsibility of the land owner or Business Association formed to maintain
other common areas within the project. This requirement may be satisfied
through a performance bond that sets forth general unit costs for design,
materials and installation, based on an inventory of specific improvement
items to be incorporated into the design. The inventory of bonded items, unit
and design cost estimates shall be subject to acceptance by the Community
Development and Public Works Directors. The improvements shall be made,
or the bonds secured, prior to occupancy of the first building on the project
site.
16. The wall height at the southern property line shall be maintained as it
currently exists on the Monticello project. Should a new wall be constructed,
it shall be reconstructed or replaced so that the rear yards of the lots on
Monticello maintain their 6 foot walls on 2 foot berm from their grade.
17. Lighting on the western and southern sides of the Market, Shops 2 and 3,
Shop 1 and Pad C shall be limited to building -mounted fixtures at no more
than 12 feet above grade, or low -impact lighting which does not spill over
onto adjacent properties. The fixtures shall fully conform to the City's
lighting standards for shielding. All lighting plans shall clearly demonstrate
conformance with the City's lighting ordinance.
18. Development of this site shall be in conformance with the Exhibits approved
and contained in the files for Specific Plan 2002-062, Amendment #1, as
amended by these conditions.
19. The site plan shown in the Specific Plan is for reference purposes and is not
approved pursuant to the city's Site Development Permit process. Additional
recommendations and site plan adjustments may be required during the
City's review pursuant to Section 9.210.010-Site Development Permits,
LQMC.
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