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CC Resolution 1997-006^!M RESOLUTION 97-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SPECIFIC PLAN 96-028, TO ALLOW DEVELOPMENT OF A 81,110 SQUARE FOOT MIXED- USE COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES SPECIFIC PLAN 96-028 LAPIS ENERGY ORGANIZATION, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 21h day of November, 1996, hold a duly noticed Public Hearing to consider 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, at said Public Hearing, the Planning Commission did take action to continue consideration of the referenced application to a regular meeting of January 1 4th, 1 997; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 4th day of January, 1 997, did take action to recommend to the City Council approval of Specific Plan 96-028; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of February, 1 996, conduct a continued Public Hearing, which was duly noticed for a regular meeting of November 1 9th, 1 996 and subsequently continued to January 21st, 1997 and February 4th, 1997, to consider said Planning Commission recommendation for Specific Plan 96-028; 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 prepared an Initial Study EA 96-328), and a Mitigated Negative Declaration has been certified; 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 approval of said Specific Plan: 1. The proposed Specific Plan is consistent with the goals, objectives and policies of the La Quinta General Plan, as: ccresosp.028 BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02 ^!MResolution 97-06 The types of projects referred to under Policies 2-3.1.1 and 2-3.2.1, which essentially call for uses drawing from a regional trade area, are consistent with the project type being proposed on this site, in that the uses cater to a regional market, relating to the proposed automotive uses predicated on alternative fueled vehicles. The General Plan Circulation Element policies 3-3.1.1 through 3-3.1.4) specifically dictate the reduction of curb cuts along arterial roadways, especially where parcels have minimal frontage distances; specifically, that a minimum of 250 feet from end of ultimate curb return locations shall be maintained for any arterial access Policy 3-3.1.3). The Specific Plan has met the intent of these policies to the extent feasible, in that spacing between the Highway 111/Dune Palms intersection and driveway locations is at no point reduced by more than 25 feet. Highway 111 is designated as a Primary Image Corridor in the General Plan Policy 3-4.1.2), while Dune Palms Road is designated as a Secondary Image Corridor Policy 3-4.1.4). These policies set forth general streetscape concepts for these roads, which are generally consistent with the provisions of the Specific Plan. The Specific Plan also provides the landscape setbacks for these roadways, as required by Policy 3-4.1.11. The construction of this project as provided for in the Specific Plan will implement Policy 3-2.1.7 of the Circulation Element, which pertains to widening and improvement of Highway 111. 2. The proposed Specific Plan will not create conditions materially detrimental to the public health, safety and general welfare. The Initial Study EA 96-328) indicated that the project does have the potential to eliminate an important example of California prehistory; however, extensive investigations of the site have identified the existence of cultural resources and required mitigation alternatives. The applicant has agreed to implementing the necessary mitigation prior to site development activities and is in concurrence with project conditions relating to this. The Initial Study concluded that no significant impacts from implementation of the Specific Plan will occur, with incorporation of mitigation as identified. The overall project design provisions, including development conditions and other environmental mitigation measures required to be incorporated, will assure this through street, landscape, lighting and other infrastructure improvements, 3. The proposed Specific Plan is compatible with zoning on adjacent properties, as the proposed project will not significantly alter the types or intensity of the ccresosp.028 BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02 ^!M commercial uses already permitted by the Zoning Code in the CR and CP districts. The surrounding properties are also zoned CR and CP; development of these properties will incorporate similar compatible commercial uses. 4. The proposed Specific Plan 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 is a consistent representation of the project type which would be proposed for the site as long as the current General Plan land use and zoning designations are applicable. 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. 2. That it does hereby grant approval of Specific Plan 96-028, 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 4th day of February, 1 997, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, MAY(R City of La Quinta, California A ST: AUNDRA L. J HOLA, City Clerk City of La Quinta, California AS TO FORM: DAWN HONEYWELL*<'*orney City of La Quinta, California BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02 ^!M RESOLUTION 97-06 EXHIBIT A" CONDITIONS OF APPROVAL FINAL SPECIFIC PLAN 96-028 LAPIS ENERGY ORGANIZATION, INC. FEBRUARY 4, 1997 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. 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 * Conditional Use Permit 96-029 * Tentative Parcel Map 28422 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 10 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. 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 spacel3oo square feet, and revise the number of spaces co*Iapis.sp BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02 ^!MResolution 97-06 required. Correct number of RV spaces as reflected on the site plan shall be denoted. Parcel 1 shall show the pizza restaurant use at 500 square feet and it's required parking. Parcel 3 may not include counts for RV stalls. 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. Section 2.7.2 Add California Pepper tree species to the plant palette. E. Discussion on Page 9 of the 40 foot landscape reduction along Highway 111 shall be deleted. No reduction in the 50 foot landscape setback along Highway 111 shall be permitted which is not consistent with the provisions of the General Plan or this Specific Plan. F. 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. 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. 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. 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. coalapis.sp BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02 ^!MResolution 97-06 7. All applicable conditions of approval for SDP 95-590 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. coalapis.sp BIB] 09-01-1998-U01 02:56:10PM-U01 ADMIN-U01 CCRES-U02 97-U02 06-U02