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CC Resolution 2008-033 Jefferson Square SP 2002-062 Amend 2RESOLUTION NO. 2008-033 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO ALLOW A RETAIL SHOPPING CENTER ON 10.7+ ACRES CASE NO.: SPECIFIC PLAN 2002-062, AMENDMENT #2 REGENCY MARINITA LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6T" day of May, 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 Commission of the City of La Quinta, California did, on the 8T" day of April, 2008, hold a duly noticed Public Hearing and did recommend approval by adoption of Resolution 2008-011, subject to Conditions; and WHEREAS, the Planning Department published a public hearing notice in the Desert Sun newspaper on April 24, 2008, for the City Council 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 City Council did make the following Mandatory Findings to justify approval of said Specific Plan Amendment: Resolution No. 2008-033 Specific Plan 2002-062, Amendment 2 Regency Marinita La Quints, LLC Adopted: May 6, 2008 Page 2 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 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 City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby approve 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 City Council, held on this 61n day of May, 2008, by the following vote, to wit: Resolution No. 2008-033 Specific Plan 2002-062, Amendment 2 Regency Marinita La Quinta, LLC Adopted: May 6, 2008 Page 2 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None uo,t6j LL DON ADOL , Mo City of La Quinta, ifornia ATTEST: City of La (SEAL) VTECINO, CMC, City Clerk California APPROVED AS TO FORM: M. KATHERFNE JENSON, it V Attorney City of La Quinta, Califor RESOLUTION 2008-033 CONDITIONS OF APPROVAL — FINAL SPECIFIC PLAN 2002-062, AMENDMENT #2 REGENCY MARINITA, LA QUINTA, LLC MAY 6, 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. S: \CityClerk\Resolutions\2008-033coa.doc