CC Resolution 2002-053 Puerta Azul Modification to SP 2001-053 & TTM 30096RESOLUTION NO. 2002-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A MODIFICATION
TO SPECIFIC PLAN 2001-053, AND TENTATIVE TRACT
MAP 30096
CASE NO.: MODIFICATION TO SPECIFIC PLAN 2001-053 AND TENTATIVE
TRACT MAP 30096
APPLICANT: PUERTA AZUL L.L.C.
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 2"d day of April , 2002 hold a duly -noticed Public Hearing to consider a request to
modify Condition No. 65 of Specific Plan 2001-053 and Condition No. 67 for
Tentative Tract 30096 herein referred to as the "Project" for Puerta Azul Partners
L.L.C. ; and,
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 151h day of May, 2001 hold a duly -noticed Public Hearing to consider and approved
a recommendation from the Planning Commission on Environmental Assessment 2001-
414 for General Plan Amendment 2001-076, Zone Change 2001-099, Specific Plan
2001-053 and Tentative Tract 30096 for Puerta Azul Partners L.L.C.; and,
WHEREAS, said Project has complied with the requirements of "The Rules
to Implement the California Environmental Quality Act of 1970"(as amended;
Resolution 83-68 adopted by the La Quinta City Council) in that the City Council
certified a Mitigated Negative Declaration of Environmental Impact for Environmental
Assessment 2001-414 under Resolution 2001-052. There are no changed
circumstances, condition, or new information which would require the preparation of
a subsequent Environmental Assessment pursuant to Public Resources Code Section
21 166; and,
WHEREAS, the Community Development Director has determined that
said Project may result in a significant change in the project and referred the proposed
modification to the Conditions of Approval to the City Council per Zoning Code Section
9.200.090; 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 the proposed modifications
to the Project:
Resolution No. 2002-53
Puerto Azul / SP 2001-053 / TTM 30096
Modification by Applicant of Conditions of Approval
Adopted April 2, 2002
Page 2
1 . The proposed modifications are consistent with the City's General Plan, Zoning
Code in that the Project is a Specific Plan allowing a resort villa use. The use
is consistent with the goals and policies and intent of the General Plan Land Use
Element (Chapter 2) provided that the conditions are met.
2. The proposed modification is consistent with the land use designation in that
the modification is suitable and appropriate for the property involved because
it is a residential design, scale, and density that will accommodate a residential
transient user and is a continuation of the adjacent residential development.
3. The proposed modification to the Project will not be detrimental to the health,
safety, or general welfare of the community, either indirectly or directly, in that
appropriate mitigation measures have been imposed which will minimize project
impacts.
4. The proposed modification to Condition No. 65 of Specific Plan 2001-053 and
Condition No. 67 for Tentative Tract 30096 is in compliance with CEQA.
NOW THEREFORE, BE IT RESOLVED by the City Council the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitutes the findings of
the City Council for this Project.
2. That it does hereby approve modification of Condition No. 65 of Specific Plan
2001-053 and Condition No. 67 for Tentative Tract 30096 for the reasons set
forth in this Resolution, on file in the Community Development Department and
attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2"d day of April, 2002, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
Resolution No. 2002-53
Puerta Azul / SP 2001-053 / TTM 30096
Modification by Applicant of Conditions of Approval
Adopted April 2, 2002
Page 3
JOHN
City o
ATTEST:
— JU GREEK, CIVIC, Clerk
City of La Quinta, California
(City Seal)
APPRO ED AS TO FORM:
KAT RINE JENS , City Attorney
City of La Quinta, C Ifornia
_ RESOLUTION NO. 2002-53
MODIFICATION OF CONDITIONS OF APPROVAL - FINAL
SPECIFIC PLAN 2001-053, CONDITION NO. 65 AND
TENTATIVE TRACT 30096, CONDITION NO. 67
ADOPTED APRIL 2, 2002
MISCELLANEOUS
1. Puerta Azul has been designed to be a subdivision of second homes to be used
for weekends, vacations and extended stays. Because a hotel project, consistent
with the property's prior zoning, would likely have generated a greater amount
of Transient Occupancy Tax than will Puerta Azul, the developer shall pay a one
time mitigation fee in the amount of $2,500 per unit for each of the 127 units
to be built in Puerta Azul ("One Time Mitigation Fee"). The One Time Mitigation
Fee shall be paid for each unit at the time of the initial sale and closing for the
sale of said unit to a consumer for individual ownership. The One Time
Mitigation Fee will be paid by the seller thereof out of escrow for the initial sale
of each unit. The project CC&R's shall further require that the Homeowners'
Association shall collect and forward to the City the sum of $150 per unit per
year ("Annual Mitigation Fee"). The Annual Mitigation Fee shall be paid in arrears
in January of each year for the previous calender year. The Annual Mitigation
Fee shall first become due for any particular unit for the year in which that unit
is first sold to a consumer for individual ownership. The Annual Mitigation Fee
for each unit shall be prorated for the first year and charged only for that portion
of the first year after which the unit was first sold to a consumer for individual
ownership. Thereafter, the Annual Mitigation Fee shall be due in full for said unit
as provided herein. The Homeowners' Association shall be responsible for
collecting the Annual Mitigation Fee from each unit owner and for forwarding said
fees, along with a report as to the units for which payment is being made, to the
City. The Annual Mitigation Fee shall be included in the CC&R's as part of the
regular assessments charged owners at the project, shall be enforceable in the
same manner as the regular assessments, and shall be adjusted annually by the
Consumer Price Index (C.P.I.).
The CC&R's shall further provide that when an owner is not in residence at his
unit, any rental of his unit shall be subject to the collection and payment of
Transient Occupancy Tax to the City of La Quinta in accordance with its then
applicable ordinance imposing said tax. The CC&R's shall require that unit rentals
be handled by a properly licensed professional rental agent and registered
"operator" under the City's TOT Ordinance. The CC&R's shall further provide
that any rental which exceeds a duration of thirty (30) consecutive days
("Extended Rental") shall be subject to a Public Facilities Fee in lieu of TOT,
which Public Facilities Fee shall be in an amount equal to 5% of the total rent
Resolution No. 2002-53
Modification of Conditions of Approval - Final
Specific Plan 2001-053, Condition No. 65 and
Tentative Tract 30096, Condition No. 67
Adopted: April 2, 2002
Page 2
paid for said Extended Rental. The rental agent responsible for each rental shall
be required to collect the applicable Transient Occupancy Tax or Public Facilities
Fee as described above, on all rentals and forward same to the City in the manner
set forth in the City's then applicable TOT Ordinance. To monitor such
collections, all rentals must be reported to the Homeowners' Association no later
than the date of arrival of the applicable renter. Information required shall
include, at a minimum, the name of the renter, the unit rented, the dates of the
rental and the name of the applicable rental agent. Said information shall be
reported to the City by the Homeowners Association on a monthly basis to aid
the City in assuring the proper collection of applicable Transient Occupancy Tax.
The Homeowners' Association shall adopt appropriate rules and regulations in
order to effectively implement the requirements of this Condition. The CC&R's
shall provide that the provisions intended to address this Condition 65 and
Condition 67 may not be modified without the prior written consent of the City,
and shall further provide that the City shall be entitled to enforce said provisions
to the same extent that said provisions are enforceable by the Homeowners'
Association. Prior to the issuance of the first building permit, applicant shall
submit a copy of the final CC&R's to the City for approval for the purpose of
assuring compliance with this Condition.
The CC&R's must memorialize the terms and conditions of this project. The
CC&R's must be approved by the City Attorney prior their recordation; and must
be recorded prior to, or concurrent with, the recordation of the final map.