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CC Resolution 2011-032RESOLUTION NO. 2011 - 032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2007-105 EXT. 1 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of May, 2011, hold a duly noticed Public Hearing to consider a request by Mayer Villa Capri, L.P. for approval of a one-year extension of time for 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 northeast corner of Washington Street and Fred Waring Drive, more particularly described as: APN: 609-070-053 & 609-070-054 WHEREAS, the City Council of the City of La Quinta, California, did on the 171h day of March, 2009, hold a duly noticed Public Hearing and approved by adoption Resolution 2009-027, a request by Mayer Villa Capri, L.P. for approval of a Conditional Use Permit; and, WHEREAS, the City of La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act.; and WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on April 22, 2011, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 time extension: Resolution 2011-032 Conditional Use Permit 2007-105, Mayer Villa Capri, L.P. One Year Time Extension Adopted: May 3, 2011 Page 2 of 5 1. Conditional Use Permit 2007-105 Extension 1 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/medical uses will therefore help achieve the goals and uses of the CC designation. 2. Conditional Use Permit 2007-105 Extension 1 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 Extension 1 is in compliance with the requirements of the California Environmental Quality Act. The City of La Quinta Planning Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of Conditional Use Permit 2007-105 Extension 1 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 commercial use is self-contained in a building that has been designed to be compatible with the adjacent medical office buildings and commercial complex surrounding the property. 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: 1. That the above recitations are true and constitute the Findings of the City Council in this case; Resolution 2011-032 Conditional Use Permit 2007-105, Mayer Villa Capri, L.P. One Year Time Extension Adopted! May 3, 2011 Page 3 of 5 2. That it does hereby acknowledge that Environmental Assessment 2008- 582 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve a one-year time extension to March 17, 2012 for Conditional Use Permit 2007-105, 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 3rd day of May, 2011, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ATTEST: City of La (CITY SEAL) VTECINO, CMC, City Clerk California DON ATOLPH, Mayor City of La Quinta, California Resolution 2011-032 Conditional Use Permit 2007-105, Mayer Villa Capri, L.P. One Year Time Extension Adopted: May 3, 2011 Page 4 of 5 APPROVED AS TO FORM: M. KATHERINE JE ON, Ci Attorney City of La Quinta, California Resolution 2011-032 Conditional Use Permit 2007-105, Mayer Villa Capri, L.P. One Year Time Extension Adopted: May 3, 2011 Page 5 of 5 CONDITIONS OF APPROVAL GENERAL 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 Extension 1, Site Development Permit 2006-875 Extension 1, Tentative Parcel Map 35088 and Environmental Assessment 2006-582, unless otherwise amended by the following conditions. The Conditional Use Permit shall expire on March 17, 2012 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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.