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CC Resolution 1998-029^"R RESOLUTION 98-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SPECIFIC PLAN 96-028, AMENDMENT #1 TO ALLOW DEVELOPMENT OF A 105,246 SQUARE FOOT MIXED-USE COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES SPECIFIC PLAN 96-028, AMENDMENT #1 LAPIS ENERGY/ALLSTATE SELF STORAGE WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of April, 1 998, hold a duly noticed Public Hearing to consider the Planning Commission recommendation on Specific Plan 96-028, Amendment #1; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 0th day of March, 1 998, hold a duly noticed Public Hearing to consider a recommendation to the City Council on Specific Plan 96-028, Amendment #1, to revise building siting, architecture, colors and materials, landscaping and drainage; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of February, 1 997, approve Environmental Assessment 96-328 and Specific Plan 96-028, to allow various uses in conjunction with requesting approval for a 81,110 square foot commercial project on a 10.29 acre gross) site; and, WHEREAS, said application has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1 970" as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has determined that the previously adopted Mitigated Negative Declaration for the original Specific Plan approval EA 96-328) is adequate in addressing project impacts, and that no new environmental impacts can be anticipated from the proposed amendment; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify a recommendation on said Specific Plan Amendment: 1. The proposed Specific Plan Amendment is consistent with the goals, objectives and policies of the La Quinta General Plan, as it does not modify the approved uses or intent of the original project concept, land uses and objectives. F:\CITYCLRK\COUNCIL\PLANNJNG\RES 98-29.wpd BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02 ^"RResolution 98 29 Page 2 2. The proposed Specific Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare. The Initial Study EA 96-328) for the original Specific Plan approval indicated that the project does have the potential to eliminate an important example of California prehistory; however, extensive investigations of the site have been completed pursuant to mitigation requirements as contained in EA 96-328, and the site has been monitored during all grading conducted thus far, and will continue to be. 3. The proposed Specific Plan Amendment is compatible with zoning on adjacent properties, as the proposed amendment will not alter the types or intensity of the commercial uses already approved under the existing Specific Plan approvals. The surrounding properties are also zoned CR and CP; development of these properties will incorporate similar compatible commercial uses. 4. The proposed Specific Plan Amendment is suitable and appropriate for the subject property. The site is vacant, designated and zoned for commercial use, and located at the intersection of two arterial roadways, which commonly attracts automotive-based commercial uses. The Specific Plan as originally approved and proposed for amendment remains a consistent representation of and consistent with the General Plan land use and zoning designations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the City Council regarding this Specific Plan Amendment. 2. That the City Council does hereby grant approval of Specific Plan 96-028, Amendment #1, for the reasons set forth in this Resolution and subject to approval conditions, attached hereto, as Exhibit A" and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 71h day of April, 1 998, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None F:\CITYCLRK\COUNCIL\PLANNING\RES 98-29.wpd BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02 ^"R Resolution 98 29 Page 3 City of La Quinta, California ATTEST: i;RALCM**iW Clerk City of La Quinta, California APPROVED AS TO FORM: DA N C. HONEYW ELL, *Ity Attorney City of La Quinta, California F:\CITYCLRK\COUNCIL\PLANNING\RES 98-29.wpd BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02 ^"R CITY COUNCIL RESOLUTION 98-29 EXHIBIT A" CONDITIONS OF APPROVAL FINAL SPECIFIC PLAN 96-026, AMENDMENT #1 LAPIS ENERGYIALLSTATE STORAGE APRIL 7,1998 + Original 2/4/97 condition as modified by Planning Commission on 3/10/98 modified text in bold italics) + Modified by City Council on 4/7/98 GENERAL CONDITIONS OF APPROVAL 1. + Specific Plan 96-028 SP 96-028) shall be developed in compliance with these conditions, the specific plan document as amended, and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application and any subsequent amendment(s). In the event of any conflicts between these conditions and the provisions of SP 96-028, the conditions shall take precedence. 2. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property(ies) to which they apply i.e., Assessor's Parcel Number 649-020-014). 3. + SP 96-028 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: * Environmental Assessment 96-328 * Site Development Permit 96-590, Amendment #1 * Conditional Use Permit 96-029 * Tentative Parcel Map 28422 * Specific Plan 96-028, Amendment #7 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 4. + The specific plan document for SP 96-028 shall be revised in conformance with the following: A. Section 2.4.6 The document shall incorporate language to allow unenclosed shade and/or screen structures to locate within the 1 0 foot building setback, which is behind the 20 foot landscape setback. In general, the document shall reflect reductions in building setbacks for the mini-mart parcel Parcel 1), the auto retail parcel Parcel 2), and the storage parcel Parcel 3) as shown on the approved site plan. F:\cITYcLRK\couNcIL\PLANN*NG\coA RES 9B-29 1 BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02 ^"RResolution 9B 29 Specific Plan 96-028, Amendment #1 Lapis Energy/Allstate Storage April 7, 1998 B. Section 2.4.8 The parking table shall be revised to separate the building area for the lube and retail uses, and to refer to the correct parking requirement of 1 space/300 square feet, and revise the number of spaces required. Revise the number of RV spaces as reflected the approval for SP96-028, Amendment #1. Parcel 1 shall show the pizza restaurant use at 500 square feet and it's required parking. Total number of spaces required shall be 88; the document table shall contain all correct footage and include all correct number totals. C. Section 2.5.4 This section shall discuss the actual distance from the Dune Palms Road/Highway 111 intersection to the Highway 111 access drive, as well as identify potential for permitting shared access with the easterly property, either via the Lapis access or another mutually agreeable alternative. Eliminate the discussion of the second Dune Palms access point in regard to full turn signalization; revise as right-in/right-out only. D. The Specific Plan shall reference that deviations from the Zoning Code include the allowance of tandem parking for the auto retail use, location of parking spaces on or within three feet of any property line, potential reduction or elimination of requirement for 5% minimum interior landscaping for Parcel 3, and allowance for a reduction in parking requirements on Parcel 3. E. + All revisions related to Amendment #1 for SP 96-028 shall be incorporated, pertaining to landscaping, berming, sfting and building area of the seff storage Parcel 3L the CNG fueling facilfties for Desert Sands Parcel 4) and arch ftectural, material and color changes as necessary for the specific plan. Parcel 2 development shall incorporate all design-related items associated with Amendment #1 for SP 96-028. 5. + Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor sfte, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff- level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. F:\cITYCL*K\couNcIL\PLANNING\coA RES 98-29 2 BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02 ^"R Resolution 98-29 Specific Plan 96-028, Amendment #1 Lapis Energy/Allstate Storage April 7, 1998 6. All aspects of this project plan preparation, all construction phases, operations, etc.) shall be subject to and comply with the adopted Mitigation Monitoring Program and Negative Declaration EA 96-328), as certified by the La Quinta City Council. 7.+ All applicable conditions of approval for SDP 96-590 and any subsequent amendment(s) shall be incorporated into the revised text for Specific Plan 96- 028 in the appropriate sections. The revised Specific Plan document shall be submitted to the Community Development Department for compliance review at the time of initial building permit submittal. 8. + Developer agrees to indemnify, defend, and hold harmless the Cfty of La Quinta in the event of any legal claim or iltigation arising out of the City's approval of this project. The Cfty of La Quinta shall have the right to select fts defense counsel in fts sole discretion. 9. + The retention area adjacent to Highway 111 shall be modified and or relocated, to be in conformance with the Highway 111 Design Theme. Specifically, the front setback shall only be used for some storm water retention falling wfthin the setback and adjacent right of way designed per the guideilne crfteria prior to issuance of a building permft for the Parcel 1 fuefing facilfty. F:\CITYcLRK\COUNcIL\PLANNING\coA RES 98-29 3 BIB] 09-15-1998-U01 05:01:51PM-U01 ADMIN-U01 CCRES-U02 98-U02 29-U02