CC Resolution 2004-151RESOLUTION NO. 2004-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY
LOCATED AT THE NORTHEAST AND SOUTHEAST
CORNERS OF WASHINGTON STREET AND AVENUE 50
CASE NO.: CONDITIONAL USE PERMIT 2003-074
PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P.
WHEREAS, the City Council of the City of La Quinta did on the 7" day
of December, 2004, hold a duly noticed public hearing to consider the request of
Pacific Retirement Services and Westport La Quinta, L.P. for approval of a
Conditional Use Permit to allow a senior retirement community complex, on 21 t
acres on the northeast and southeast corners of Washington Street and Avenue
50, more particularly described as:
APN'S 646-070-013 and 770-040-012
-- WHEREAS, the Planning Commission of the City of La Quinta did on
the 9t' day of November, 2004, hold a duly noticed public hearing to consider the
request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of
a Conditional Use Permit to allow a senior retirement community complex, and
recommended approval by adoption of Resolution 2004-087; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-470 and based upon this Assessment,
with Mitigation Measures, the project will not have a significant adverse effect on
the environment; therefore, a Mitigated Negative Declaration of environmental
impact has been certified; and
. WHEREAS, the Community Development Department did publish a
public hearing notice in the Desert Sun newspaper on November 27, 2004, 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, if any, of all interested persons desiring to be heard, said
City Council did find the following facts and reasons to justify approving said
Conditional Use Permit:
Resolution No. 2004-151
Conditional Use Permit 2004-074
Pacific Retirement Services and Westport La Quinta, L.P.
Adopted: November 7, 2004
Page 2
1. The property is designated Medium Density and Medium High Density
Residential which conditionally permits the senior retirement community.
Additionally, the project provides adequate perimeter landscaping, setbacks
and acceptable architectural design pursuant to Image Corridor General Plan
policies.
2. This project has been designed to be consistent with the provisions of the
Zoning Code and applicable Specific Plan.
3. The La Quinta Community Development Department has completed
Environmental Assessment 2003-470 and based upon this Assessment; the
project will not have a significant adverse effect on the environment with
mitigation measures.
4. The site design of the project is appropriate for the use in that it has been
designed to minimize the impacts to the adjacent residential uses and from
the major Arterials to the west and south.
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 correct and constitute the findings of
the City Council in this case.
2. That it does hereby approve the above -described Conditional Use Permit
request for the reasons set forth in this Resolution, subject to the attached
Conditions of Approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 7th day of December, 2004, by the following vote
to wit:
AYES: Council Members Henderson, Osborne, Perkins, Mayor Adolph
NOES: Council Member Sniff
ABSENT: None
ABSTAIN: None
Resolution No. 2004-151
.�... Conditional Use Permit 2004-074
Pacific Retirement Services and Westport La Quinta, L.P.
Adopted: November 7, 2004
Page 3
6N�
DON ADOL , Maf,6r
City of La Quinta, California
ATTEST:
J . GREEK, CMC, Ci y Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
...........
M. TH RINE JENSO City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION NO. 2004-151
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2003-074
PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP
ADOPTED:
rdaillid.0AN
1. The use of the subject property for a congregate care facility shall be in
conformance with the approved exhibits and conditions of approval contained in
Conditional Use Permit 2003-074, Specific Plan 2004-071, Site Development
.Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise
amended by the following conditions.
2. The Conditional Use Permit shall be expire after two years of the effective date
of approval, and shall become null and void. 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 developer of any claim, action or proceeding
and shall cooperate fully in the defense.