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CC Resolution 2010-037RESOLUTION NO. 2010 - 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DUNE PALMS AND HIGHWAY 111 SPECIFIC PLAN (SPECIFIC PLAN 08-085) FOR THE DEVELOPMENT OF UP TO 200 AFFORDABLE RESIDENTIAL DWELLING UNITS AND UP TO 82,000 SQUARE FEET OF AUTOMOBILE SALES AND RELATED USES GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, BETWEEN DUNE PALMS ROAD AND COSTCO DRIVE. CASE NO.: SPECIFIC PLAN 08-085 WHEREAS, the City Council of the City of La Quinta, California, did on the 181h day of May, 2010, hold a duly noticed Public Hearing to consider the request of the City of La Quinta for approval of the Dune Palms and Highway 111 Specific Plan to allow the development of up to 200 affordable multi -family residential units and up to 82,000 square feet of automobile sales facilities and related uses for the properties generally located on the south side of Highway 1 1 1, between Dune Palms Road and Costco Drive, more particularly described as: APNs:600-020-004, 600-020-005, and 600-020-011 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`h day of April, 2010, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving Specific Plan 08-085, and WHEREAS, the Planning Commission, at said public hearing, did adopt Planning Commission Resolution 2010-014 recommending to the City Council approval of Specific Plan 08-085 subject to certain conditions of approval; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 29th, day of January, 2009, reviewed the historical and archaeological resources report associated with the application, and adopted Minute Motion 2009- 001, recommending approval of the survey to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the Department has prepared a Final Environmental Impact Report ("Final EIR"), State Clearinghouse #2008101109 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Final EIR was presented to the La Quinta City Council, which reviewed and considered the information contained in the Final EIR, as well as all testimony presented at the public hearing, and has adopted a Resolution certifying that the Final EIR prepared for this application is recognized as adequate and complete, recognizing the overriding considerations to certain significant Resolution No. 2010-037 Specific Plan 2008-085 City of La Quinta Adopted: May 18, 2010 Page 2 environmental impacts, and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably and substantially mitigated if the proposed project is implemented; and WHEREAS, future infrastructure improvements associated with this project as described in Specific Plan 08-085 and the Final EIR as further described in the conditions of approval attached here will directly serve and benefit the proposed development of up to 200 new affordable housing units and are a reasonable and fundamental component of said housing units; and WHEREAS, the Planning Department did publish a public hearing notice in The Desert Sun newspaper, on the 6th day of May, 2010, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; 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 Specific Plan Amendment: 1. Specific Plan 2008-085 is consistent with the goals, objectives and policies of the General Plan. The Regional Commercial and Commercial Park land use designations are appropriate for the proposed development, as it requires a minimum 20 acre parcel size, allows a full range of commercial uses, as well as high density housing consistent with what is identified in the Specific Plan, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. 2. Specific Plan 2008-085 will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as proposed for residential and commercial use will not significantly impact quality of life for area residents. The development of up to 200 affordable multi -family residential units and up to 82,000 square feet of building(s) for automobile sales and associates uses, are not determined to be a detriment to the community, in consideration of the land uses contemplated in conjunction with the City's General Plan land use designations for the subject properties. No environmental or other hazards will be introduced into the Project as a part, or a result, of its implementation. 3. Specific Plan 2008-085 is compatible with the zoning designations on adjacent property. Under the Regional Commercial and Commercial Park land use designation, new automobile sales are a listed permitted use and affordable multi -family residential are also permitted, subject to the approval of a specific plan. The proposed multi -family residential is similar to and consistent with other neighboring projects, such as Wolff -Waters, and the Resolution No. 2010-037 Specific Plan 2008-085 City of La Quinta Adopted: May 18, 2010 Page 3 commercial activity will be consistent with other automobile uses along Highway 111. 4. Specific Plan 2008-085 is suitable and appropriate for the subject property, as it allows for the continuation and expansion of commercial activity while also introducing additional affordable residential units to the community in close proximity to amenities and services, such as public transit and schools. The proposed development provides a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. 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 of La Quinta Council in this case; 2. That it does hereby approve Specific Plan 08-085, as referenced in the title of this Resolution, 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 18th day of May, 2010, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None V1ruJ4-L DON AD LPH, Uayor City of La Quinta, California Resolution No. 2010-037 Specific Plan 2008-085 City of La Quinta Adopted: May 18, 2010 Page 4 ATTEST: VERONICA-0-J. MONTECINO, City. of La Quinta, California (SEAL) APPROVED AS TO FORM: CIVIC, City Clerk M. K THERINE J SON, City Attorney City of La Quinta, California Resolution No. 2010-037 Specific Plan 2008-085 City of La Quints Adopted: May 18, 2010 Page 5 CONDITIONS OF APPROVAL 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, or any Final Map recorded thereunder. 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. Specific Plan 2008-085 shall comply with all applicable standard requirements, conditions and/or mitigation measures for the Highway 111 & Dune Palms Specific Plan Environmental Impact Report (SCH #2008101109) under environmental assessment 2008-600. In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 3. All changes to the Specific Plan which are required under these conditions shall be made in a revised document to ensure consistency. The project proponent shall submit five (5) copies of the amended Specific Plan document to the Planning Department within 30 days of City Council approval of the Specific Plan, or issuance of a grading permit, whichever occurs first.