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CC Resolution 2000-155 Hideaway CUP 2000-053RESOLUTION NO. 2000-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW 21 RESORT RESIDENTIAL UNITS AT THE COUNTRY CLUB OF THE DESERT PROJECT CASE NO.: CONDITIONAL USE PERMIT 2000-053 COUNTRY CLUB PARTNERS, LP WHEREAS, the City Council of the City of La Quinta, California, did on the 21 ST day of November, 2000, hold a duly noticed Public Hearing to consider the request of COUNTRY CLUB PARTNERS, LP, for approval of a Conditional Use Permit to allow construction and operation of 21 resort residential (casitas) units, generally located on the north side of 54T" Avenue, between Jefferson Street and Monroe Street, more particularly described as: Portions of Section 9 and 10, T6S, R7E, S.B.B.M. WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 99-380. A Draft Environmental Impact Report (EIR), State Clearinghouse #1999061109 has been prepared for the proposed project. It has been determined that with the recommended Mitigation Measures and Statement of Overriding Considerations, the project will not have a significant environmental impact and the EIR should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24T" day of October, 2000, hold a duly noticed Public Hearing to consider the Conditional Use Permit, and did adopt Resolution 2000-078, recommending approval, subject to the Findings and Conditions of Approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Conditional Use Permit: A. The project is consistent with the General Plan in that these types of units are permitted in residential zones with a Conditional Use Permit and the project is within the 2-4 dwelling units per acre range allowed by the Low Density Residential land use designation. Resolution No. 2000-155 Conditional Use Permit 2000-053 November 21, 2000 Page 2 B. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan or will be conditioned to be so in areas of design development standards, parking, etc. C. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and an Environmental Impact Report is recommended for certification. D. The site design of the project is appropriate for the use in that the casitas comply with applicable design requirements and are providing adequate landscaping and are compatible with surrounding development. 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 Council in this case; 2. That an Environmental Impact Report has been certified by the City Council for this project. 3. That it does hereby approve Conditional Use Permit 2000-053 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 ST day of November, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None Resolution No. 2000-155 Conditional Use Permit 2000-053 November 21, 2000 Page 3 I- J6J;KVJ. PENMayor City of La Quinta, California ATTEST: i J . GREEK, CMC, lerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KA HERINE JENS94, City Attorney City of La Quinta, California RESOLUTION 2000-155 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2000-053 COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 GENERAL 1 . The use of a portion of the subject property for resort residential uses shall be in conformance with the approved exhibits contained in Conditional Use Permit 2000-053 and Specific Plan 99-035, unless otherwise amended by the following conditions. 2. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the casitas units. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 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 subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. All applicable conditions of Specific Plan 99-035 shall be met. 5. Use of the resort residential units (casitas) shall comply with Municipal Code Section 9.60.320, regarding resort residential, unless modified by Specific Plan 99-035. 6. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist on the property and are available for review at City Hall, shall be recorded with the Riverside County Recorder's office against the property. S:\City Clerk\Resolutions\2000-155 COA.wpd