CC Resolution 2013-024RESOLUTION NO. 2013 - 024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A THIRD 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. 3
APPLICANT: MAYER VILLA CAPRI, L.P.
WHEREAS, the City Council of the City of La Quinta, California did, on the
7m day of May, 2013, hold a duly noticed Public Hearing to consider a request by
Mayer Villa Capri, L.P. for approval of a third 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 and 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 Council of the City of La Quinta, California, did on the
3rdday 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 City Council of the City of La Quinta, California, did on the
151h day of May, 2012, hold a duly noticed Public Hearing and approved by
adoption Resolution 2012-023, a request by Mayer Villa Capri, L.P. for approval of
a second time extension for Conditional Use Permit; and,
WHEREAS, the applicant, on the 11`hday of March, 2013, applied for a third
time extension; and
Resolution No. 2013-024
Conditional Use Permit 2007-105 Extension 3
Mayer Villa Capri, L.P.
Adopted: May 7, 2013
Page 2 of 5
WHEREAS, the Community Development 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 Community Development Department published a public
hearing notice for this request in The Desert Sun newspaper on April 26, 2013, 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 3 is consistent with the La
Quinta General Plan, in that the project site is designated as General
Commercial, 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 General Commercial designation.
2. Conditional Use Permit 2007-105 Extension 3 is consistent with the La
Quinta Zoning Code in that it is conditionally permitted under the Community
Commercial ("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 3 is
in compliance with the requirements of the California Environmental Quality
Act. The Community Development 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
Resolution No. 2013-024
Conditional Use Permit 2007-105 Extension 3
Mayer Villa Capri, L.P.
Adopted: May 7, 2013
Page 3 of 5
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 3 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:
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 third time extension to March 17,
2015 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 71" day of May, 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson
NOES: None
ABSENT: Council Member Osborne and Mayor Adolph
Resolution No. 2013-024
Conditional Use Permit 2007-105 Extension 3
Mayer Villa Capri, L.P.
Adopted: May 7, 2013
Page 4 of 5
0 &tLlI0RON I —
K IST FRANKLIN, Mayor Pro Tem
City of La Quinta, California
ATTEST:
V y`�
SUSAN MAYSELS, Clity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS`,TO FORM:
WILLIAM H. IHRKE, for the City Attorney
City of La Quinta, California
Resolution No. 2013-024
Conditional Use Permit 2007-105 Extension 3
Mayer Villa Capri, L.P.
Adopted: May 7, 2013
Page 5 of 5
RESOLUTION NO. 2013-024
CONDITIONS OF APPROVAL - RECOMMENDED
CONDITIONAL USE PERMIT 2007-105 EXTENSION 3
MAYER VILLA CAPRI, L.P.
GENERAL
1 . 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 3, Site Development Permit 2006-875 Extension 3, Tentative Parcel
Map 35088 and Environmental Assessment 2006-582, unless otherwise
amended by the following conditions.
2. The Conditional Use Permit shall expire on March 17, 2015 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.
3. 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.