PCRES 2008-011PLANNING COMMISSION RESOLUTION 2008-011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
A SPECIFIC PLAN AMENDMENT TO ALLOW A RETAIL
SHOPPIING CENTER ON 10.79 ACRES
CASE NO.: SPECIFIC PLAN 2002-062, AMENDMENT #2
REGENCY MARINITA LA QUINTA, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 8TR day of April, 2008, hold a duly noticed Public Hearing to
consider a request by Regency Marinita La Quinta, LLC for approval of a Specific
Plan Amendment amending the project for property located at the southwest corner
of Jefferson Street and Fred Waring Drive in the Neighborhood Commercial zoning
district on property more particularly described as:
APN 604-0521-005
WHEREAS, the Planning Department published a public hearing notice
in the Desert Sun newspaper on March 28, 2008, for the Planning Commission
meeting as prescribed by the Municipal Code with public hearing notices mailed to
all property owners within 500 feet of the site; and
WHEREAS, the La Quinta Planning Department has determined that
the request has been previously assessed in conjunction with Environmental
Assessment 2002-462 prepared for Specific Plan 2002-062 and Site Development
Permit 2002-754 which were certified by the City Council on June 20, 2004. No
changed circumstances or conditions are proposed, or new information has been
submitted which would trigger the preparation of a subsequent environmental
review pursuant to Public Resources Code Section 21166.
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 Amendment:
1. The proposed Specific Plan Amendment is internally consistent with the
goals, objectives, and policies of the existing Specific Plan and General Plan
in that it will result in promoting commercial development in a balanced,
varied and logical manner that is compatible with the neighborhood.
2. Approval of the Specific Plan Amendment will not create conditions
materially detrimental to the public health, safety, and general welfare in that
PAReports - PC\2008\04-08-08\sp 2002-062 sdp 2007-898 Marinita\sdp pc res adopted_2008-011.doc
Planning Commission Resolution 2008-011
Specific Plan 2002-062, Amendment #2
Regency Marinita La Quinta, LLC
Adopted: April 8, 2008
the resulting project will provide adequate building and landscaped setbacks,
is well designed, and will comply with all applicable City, County, State and
Federal requirements.
3. The Specific Plan Amendment is suitable and appropriate for the property in
that it will allow construction of a retail shopping center on a site that is
zoned for such a use.
4. Approval of the Specific Plan Amendment is warranted because the
proposed uses will provide the surrounding residential uses with services that
presently do not exist in the immediate vicinity. The commercial use
proposed under the Specific Plan has been designated for such use prior to
development of the surrounding uses and has been designed to minimize
impacts on adjacent uses.
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
said Planning Commission in this case; and
2. That it does hereby recommend to the City Council approval of Specific Plan
2002-062, 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 8t" day of April, 2008, by the following
vote, to wit:
AYES: Commissioners Quill, Wilkinson and Chairman Alderson
NOES: None
ABSENT: Commissioners Barrows and Engle
ABSTAIN: None
P:\Reports - PC\2008\04-08-08\sp 2002-062 sdp 2007-898 Marinita\sp pc res adopted.doc
Planning Commission Resolution 2008-011
Specific Plan 2002-062, Amendment #2
Regency Marinita La Quinta, LLC
Adopted: April 8, 2008
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
nNSON, Planning Director
La Quinta, California
P:\Reports - PC\2008\04-08-08\sp 2002-062 sdp 2007-898 Marinita\sp pc res adopted.doc
PLANNING COMMISSION RESOLUTION 2008-011
CONDITIONS OF APPROVAL — ADOPTED
SPECIFIC PLAN 2002-062, AMENDMENT #2
REGENCY MARINITA, LA QUINTA, LLC
ADOPTED: APRIL 8, 2008
GENERAL
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 Specific Plan Amendment. 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. Within 30 days of final approval of this Specific Plan Amendment by the City
Council, two draft revised copies of this Specific Plan incorporating the following
Conditions of Approval in the appropriate sections shall be submitted to Planning
Department for approval. Upon approval of the draft Specific Plan Amendment by
the Planning Department, five copies of the final Specific plan shall be submitted to
the Planning Department.
3. Specific tenants identified in the Specific plan may be changed to other tenants
provided they are allowable uses in the Neighborhood Commercial zone and the
Zoning Code required parking is provided.
1AReports - PC\2008\0408-08\sp 2002-062 sdp 2007-898 Marinita\sp pc coa adopted.doc