CC Resolution 2003-090 Legacy Villas SP 2003-065 RESOLUTION NO. 2003-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC
PLAN TO ALLOW A 280-UNIT RESORT RESIDENTIAL
PROJECT ON PROPERTY LOCATED TO THE
NORHTWEST OF THE INTERSECTION OF COACHELLA
DRIVE AND EISENHOWER DRIVE
CASE NO.' SPECIFIC PLAN 2003-065
APPLICANT: CENTEX DESTINATION PROPERTIES
WHEREAS, the City Council of the City of La Ouinta, California, did on
the 16th day of September, 2003, hold duly noticed Public Hearing to consider
Specific Plan 2003-065, to allow a 280-unit residential project on 44+ acres in
Tourist Commercial and Open Space Zoning Districts for property located on the
northwest corner of Coachella Drive and Eisenhower Drive, more particularly
described as:
Assessor's Parcel Numbers 658-130-003 to -005
Parcel I of Lot Line Adjustment 2001-361
Portion of Section 36, T5S, R6E, SBBM
WHEREAS, on July 14, 2003, the Community Development
Department mailed case file materials to all affected agencies for their review and
comment. All written comments are on file with the Community Development
Department; and
WHEREAS, the City's Architecture and Landscape Review Committee
reviewed this project on the 6th day of August, 2003, and on a 3-0 vote adopted
Minute Motion 2003-031, recommended approval of the development plans,
subject to specific landscaping requirements; and
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 12th day of August, 2003, continue the public hearing to the
9th day of September, 2003, without discussion on 4-0 vote; and
WHEREAS, the City's Historic Preservation Commission reviewed the
applicant's Phase II Archaeological Assessment on August 29, 2003, determining
site monitoring was necessary during grading activities and that a conservation
easement was needed for historic milling stations pursuant to adoption of Minute
Motion 2003-011; and
Resolution No. 2003-090
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Page 2
WHEREAS, the Planning Commission did on 9th day of September,
2003, recommend to the City Council apProval of SP 2003-065 by adoption of
Resolution 2003-063 on a 3-0 vote; and'
WHEREAS, the Community Development Department published the
public hearing notice in the Desert Sun Newspaper on August 25, 2003, for the
September 16, 2003 meeting as prescribed by Section 9.200.110 (Public Notice
Procedure) of the Zoning Code. Public hearing notices were also mailed to all
property owners and residents within 500 feet of the site; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-478. Based upon this Assessment,
the project will not have a significant adverse effect on the environment; therefore,
a Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a
Mitigated Negative Declaration was posted with the Riverside County Recorder's
office on July 17, 2003, as required by Section 15072 of the California
Environmental Quality Act statutes; 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 to justify approval of
Specific Plan 2003-065, pursuant to Section 9.240.010 of the Zoning Code:
1. This project is consistent with the. goals, policies and intent of the La Quinta
General Plan insofar as the creation of townhouses and resort units in the
Tourist Commercial and Open Space land use areas will provide another type
of housing market for La Quinta, including a rental program between the
developer and the La Quinta Resort and Club. The project, as conditioned,
will be required to make certain on- and off-site improvements that are based
on the City's General Plan Circulation Element provisions per the
requirements of Tentative Tract Map 31379.
2. The proposed Architectural Guidelines (Section 2.9.2 of Specific Plan 2003-
065) state that the development plans will use Spanish Colonial architectural
design elements that are exemplified at the La Quinta Resort and Club.
Building massing and scale are broken up providing an asymmetrical
character with the use of enclosed patios and courtyards. The building
materials include exterior plaster, wood, clay tile, brick, masonry, wrought
iron, carved stone, ceramic tile and other decorative materials; building colors
Resolution No. 2003-090
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Pa~ge 3
are neutral, usually off-white and cream colors with brighter colors used for
accent. The Plan identifies schematic examples of roof forms, walls,
doorways, windows, columns, exterior stairways and other' pertinent exterior
elements that are defined in the Site Development Permit Architectural
Booklet.
3. Approval of this Specific Plan will not be detrimental to the public health,
safety or general welfare, nor be incompatible with surrounding resort
residential properties, pursuant to the implementation of the development
plans (i.e., Site Development Permit 2003-778 and Tentative Tract Map
31 379) and the Mitigation Measures contained in Environmental Assessment
2OO3-478.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. Th'at the above recitations are true and correct and cOnstitute the findings of
the City Council in this case; and
2. That it does hereby certify Environmental Assessment 2003-478 in that no
significant effects on the environment were identified, provided mitigation
measures are met; and
3. That it does hereby approve Specific Plan 2003-065 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 16th day of September, 2003, by the following
vote, to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor' Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2003-090
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Page 4
DON ADO~.PH, M~yor
City of La Quinta, California
ATTEST:
J EEK, CMC, CitY-C~rk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
I~. K~.THE~INE JENSOI~, Ci~ Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION 2003-090
CONDITIONS OF APPROVAL - FINAL
SPECIFIC PLAN 2003-065, CENTEX
SEPTEMBER 16, 2003
GENERAL
1. The applicant/property owner agrees to defend, indemnify, and hold harmless
the City of La Quinta {the ~City"), its agents, officers and employees from any
claim, action or proceeding to attack, set aside, void, or annul the approval of
this application and any other challenge pertaining to this project. This
indemnification shall include any award toward attorney's fees.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
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, or other revisions necessary due
to changes in technical plan aspects such as drainage, street improvements,
grading, etc. 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.
3. All plant materials within the perimeter retention basins shall be safe for
consumption by the Peninsular bighorn sheep as .required by the Department
of Fish and Game. The use of oleander shrubs is not permitted.
4. The developer shall comply with all applicable conditions of Tentative Tract
Map 31379, Site Development Permit 2003-778 and Mitigation Measures for
EA 2003-478.
FIRE DEPARTMENT
5. Final conditions will be addressed when 'plans are revieWed. A plan check fee
must be paid to the Fire Department. at the time construction plans are
submitted. For additional assistance, please contact the Fire Department
Planning & Engineering staff at (760) 863-8886.
City Council Resolution 2003-90
Conditions of Approval - Final
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Page 2
MISCELLANEOUS
6. Toe of slope grading activities shall be in compliance with the proposed
grading plan, unless otherwise approved by the City Engineer during plan
check consideration.
7. Prior to issuance of a grading permit or map recordation, the final Conditions
of Approval shall be incorporated in the Final Specific Plan document.
Applicant shall work with staff to correct internal document inconsistencies
prior to final publication of Specific Plan document. A minimum of seven
copies of the final document shall be submitted to the Community
Development Department.
$. The City Engineer shall approve the width of private streets and on-street
parking areas during plan check review of Tentative Tract Map 31379.
9. All public agency letters received for this case are made part of the case file
documents for plan checking purposes.
10. Parking ,lot light fixtures for the clubhouse facilities shall be fully shielded and
may not exceed an overall height of 10'-0" as measured from adjacent paved
surfaces. All other open parking and greenbelt areas shall be lit with bollard
light fixtures not exceeding 60-inches tall and 75 watts. Under-canopy
lighting is permitted for carport structures.
11. A permit from the Community Development Department is required for any
temporary or permanent signs, subject to the provisions of Chapter 9.160 of
the Zoning Code. The permanent identification sign for the project on
Eisenhower Drive shall be limited to a maximum size of 24 square feet (double
sized) and not exceed six feet in height. Accessory signs within the
development shall not exceed 12 square feet. Accessory signs may be posted
on walls, buildings or freestanding poles not exceeding eight feet in overall
height. Internally illuminated signs are not allowed except for use within the
clubhouse building.
12. The minimum parking ratio for the project is 2.25 for townhouses,
.1 .O/bedroom for resort units, and 1.0/300 Square feet for clubhouse buildings.
The final parking design and number of spaces shall be determined during plan
check consideration, subject to final approval by the Community Development
Department. Each resort residential unit shall have a designated garage or
carport parking space.
City Council Resolution 2003-90
Conditions of Approval - Final
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Page 3
13. Timeshare units shall require review consideration by the Planning Commission
under a Conditional Use Permit application.
14. The developer shall enter into a Development Agreement with the City of La
Quinta for the payment of Transient Occupancy Tax (~TOT") for this
development. This Agreement must be signed and recorded prior to issuance
of any development permits (i.e., infrastructure, grading, building, etc.) being
authorized. Centex, on one hand, and a Resort or Hotel within the City of La
Quinta (collectively, "Resort/Hotel") or Resort Country Club within the City of La
Quinta, on the other hand, shall enter into one or more contracts which will allow
the purchasers of residences within the boundaries of SP 2003-065 the
opportunity to purchase golf club and/or social memberships. In addition, Centex
and the Resort/Hotel, or the rental management company for the Resort/Hotel,
shall enter into one or more contracts pursuant to which the purchasers of
residential units within the boundaries of SP 2003-065 shall have the right to make
their residential units available to the Resort/Hotel for the purpose of allowing the
Resort/Hotel to rent and manage the same on behalf of such purchasers. Renters
'-- under such Resort/Hotel managed .rental program shall have access to the
Resort/Hotel facilities and amenities. A copy of the foregoing.executed contracts
meeting the requirements of this condition shall be delivered to the Community
Development Department before issuance of any building permits for a residential
'dwelling within the boundaries of SP 2003-065. The foregoing contract or
contracts for rental management services Shall remain in effect for a minimum of
ten (10) years commencing with the date that the first certificate of occupancy is
issued for a residence within the boundaries of SP 2003-065. Centex or its
successor in interest may enter into replacement agreements with alternative
Resort/Hotels within this ten (10) year period.
The CC&Rs for the residential project to be developed within the boundaries of
SP 2003-065 (the "Project") shall restrict the rental of residential dwelling
units therein to periods of 30 consecutive days or less.
The residential dwelling units within the Project have been designed to
facilitate short-term rental. Any material modification of the design or floor
plan of a residential unit by the owner of such unit shall be reStricted in the
CC&Rs for the project. The City, through its community development director,
shall have the final authority to approve or not approve the modification.
City Council Resolution 2003-90
Conditions of Approval - Final
Specific Plan 2003-065, Centex
Adopted: September 16, 2003
Page 4
15. The following permitted land use activities shall be eliminated from the
Specific Plan booklet:
Plannin~l Area I PA II PA III PA IV
Recreation Recreation (tennis club Semi-Public (library Recreation (tennis club
(tennis club and and live entertainment) and museums) and health clubs, and
live Semi-Public (library live entertainment)
entertainment) and museums) Semi-Public (library,
Semi-Public Temporary museums and
(library and (construction facilities) pools/spas)
museums) Office/Health Services Accessory (parking
Temporary and Dining, Drinking, facilities)
(outdoor events and Entertainment Temporary (outdoor
along the events)
perimeter of the Office/Health Services
development) and Dining, Drinking,
and Entertainment
16. Chapter 3.6 (Site Development Permits) of the Specific Plan document shall be
amended to only include the last paragraph of Section 3.6.3 which states:
"Procedures for review of Site Development Permits shall be in accordance
with the provisions of Chapter 9,210 DEVELOPMENT REVIEW PERMITS of
the La Quinta Municipal Code."
17. Large outdoor events for residents and guests shall be confined to the
proposed clubhouse facilities. A Temporary Use Permit application is required
when events exceed 800 people. Fireworks shows (i.e., ground displays only)
are not allowed, unless written permission is obtained from the Fire Marshal,
Department of Fish and Game, and City of La Quinta.
18. Clubhouse expansion projects greater than 5,000 square feet in size shall be
reviewed and approved by the Planning Commission.
19. An eight-foot high masonry wall may be built along the east property line,
subject to approval from the property owner of Tract 29436. Project entry
gates and wall pilasters may not exceed an overall height of 9'-0".
20. A minimum five-stall bicycle rack shall be installed at the clubhouse.
21. No more than 280 residential units shall be built on the 44.6-acre site.
22. Detached casitas or guesthouse units are not permitted within the boundaries
of the project.
City Council Remdution 2003-90
Condmonl of APlxOVd - Fimll
Specific Plan 2003-066, C~ntex
Adopted: Septentlmr 16, 2003
Page $
23. Residential buildings and carports structures within Planning Area II shall not
exceed 19 feet and 10 feet in overall height, respectively.
24. A temporary off-site sales facility is permitted to be established to the south
of the project prior to the issuance of a grading permit, subject to approval 'of
the 'Minor Use Permit by the Community Development Department.
25. Zoning Code requirements of Section 9.60.320 (Resort Residential) shall be
met unless otherwise prescribed by the Specific Plan document. The minimum
rear yard setback for Planning Areas I and II shall be five feet. Community
pool buildings within Planning Areas I and II shall be limited in overall height to
20 feet.
26. No . commercial communication facilities are permitted within Planning Areas I
through IV. Residential dwellings shall be limited to a single one meter
diameter wall-mounted satellite dish for television and Internet needs.
27. Rental units shall not be less in size than 420 square feet. The minimum
house size is 1 300 square feet.
'
28. Bullet #3 under Section 3.5.1(A) shall be deleted and replaced With the
following statement: "AII substantial architectural changes shall be reviewed
and approved by the Architecture and Landscaping Review Committee (ALRC)
and Planning Commission."