CC Resolution 2012-023RESOLUTION NO. 2012 - 023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A SECOND 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. 2
APPLICANT: MAYER VILLA CAPRI, L.P.
WHEREAS, the City Council of the City of La Quinta, California did, on the
15`" day of May, 2012, hold a duly noticed Public Hearing to consider a request by
Mayer Villa Capri, L.P. for approval of a second 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
17" 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 Council of the City of La Quinta, California, did on the
V day of May, 2011, hold a duly noticed Public Hearing and approved by adoption
Resolution 2011-032, a request by Mayer Villa Capri, L.P. for approval of a time
extension for Conditional Use Permit; and,
WHEREAS, the applicant, on the 131" day of March, 2012, applied for a
second one-year time extension; 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
Resolution 2012-023
Conditional Use Permit 2007-105 Extension 2
Mayer Villa Capri, L.P.
Adopted: May 15, 2012
Page 2 of 5
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 May 4, 2012, 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:
1. Conditional Use Permit 2007-105 Extension 2 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 2 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 2 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 2 will not create
conditions materially detrimental to the public health, safety and general
Resolution 2012-023
Conditional Use Permit 2007-105 Extension 2
Mayer Villa Capri, L.P.
Adopted: May 15, 2012
Page 3 of 5
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:
SECTION 1. That the above recitations are true and constitute the Findings of the
City Council in this case;
SECTION 2. The Environmental Impact Report for the project 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
SECTION 3. That it does hereby approve a second one-year time, extension to
March 17, 2013 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 15' day of May, 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: None
ABSENT: Council Member Osborne
ABSTAIN: None
Resolution 2012-023
Conditional Use Permit 2007-105 Extension 2
Mayer Villa Capri, L.P.
Adopted: May 15, 2012
Page 4 of 5
Don Adolp ayo
City of La Quinta, California
ATTEST:
oc�'IiLQ�/M.-
SUSAN MAYSELS, Int im City Clerk
City of La Quinta, California
(Seal) _
`
w4
M. KaftWer(ne Jensoq, Cjky Attorney
City of La Quinta, Colifbrnia
Resolution 2012-023
Conditional Use Permit 2007-105 Extension 2
Mayer Villa Capri, L.P.
Adopted: May 15, 2012
Page 5 of 5
RESOLUTION NO. 2012-023
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2007-105 EXTENSION 2
MAYER VILLA CAPRI, L.P.
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 2, Site Development Permit 2006-875 Extension 2,
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, 2013 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.