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CC Resolution 2004-152RESOLUTION NO. 2004-152 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN CRITERIA AND DEVELOPMENT STANDARDS FOR A SENIOR RETIREMENT COMMUNITY ON 21 ± ACRES LOCATED ON THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE NO.: SPECIFIC PLAN 2004-071 PACIFIC RETIREMENT SERVICES AND WESTPORT LA Q4UINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 7th day of December, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Specific Plan for design criteria and development standards for the development of a senior retirement community on 21 ± 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, California did, on the 9t' day of November, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Specific Plan for design criteria and development standards for the development of a senior retirement community on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, and adopted Resolution 2004-089, recommending approval of this request; and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file in the Community Development Department; and WHEREAS, the Community Development Department published the 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 Resolution No. 2004-152 Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 7, 2004 Page 2 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 is recommended; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Specific Plan: Finding A - Consistency with General Plan As proposed the project will have a Medium -High and Medium Density Residential designation which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping and acceptable architectural General Plan and zoning requirements. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City standards and County and State standards, such as CEQA. Additionally, the facility helps provide housing variety for City residents. Findings C and D — Land Use Compatibility and Property Suitability The project is in an area designated and zoned for the use which is proposed and therefore, suitable for senior retirement development. The project provides adequate buffering through landscaping, large setbacks and perimeter walls to ensure compatibility with surrounding land uses. 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 said City Council in this case; and Resolution No. 2004-152 �-- Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 7, 2004 a Page 3 2. That it does hereby acknowledge that Environmental Assessment 2003- 470 has determined that no significant unmitigated effects on the environment have been identified; and 3. That it does hereby approve Specific Plan 2003-071, 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 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 ATTEST: JU . GREEK, CMC, erk City of La Quinta, California (CITY SEAL) 7— flillgle I - - L!�-a DON ADO H, yor City of La Quinta, California Resolution No. 2004-152 Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 7, 2004 Page 4 APPROVED AS TO FORM: i M. KA HERINE JENS , City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2004-152 CONDITIONS OF APPROVAL - FINAL F SPECIFIC PLAN 2004-071. PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: DECEMBER 7, 2004 re.:f NIId.-TAI 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, Site Development Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The approved 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 project. A time extension for this Specific Plan 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. 4. All conditions of approval from all applications for this project shall either be included in the Specific Plan text or attached, as appropriate. Five copies of the final approved Specific Plan shall be submitted to the Community Development Department within 30 days of final approval by the City Council. 5. The perimeter wall along the north property line of the north site may be a maximum eight feet high as measured from the north side. The design of this wall, including the north -facing finish, demolition, and prevention of dead space between new and existing walls shall be to the satisfaction of the Building Official and City Engineer. Resolution No. 2004-152 Conditions of Approval - FINAL Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, LP Adopted: December 7, 2004 Page 2 6. The northern -most carports located of the north site shall be enclosed on the north elevation with architecturally compatible materials and shall have a sloped or mansard concrete tile roof to the satisfaction of the Community Development Director. 7. Roof tiles shall be concrete "S" tile. 8. On the south site, vehicular access to Washington Street shall be right out only, if deemed appropriate by the City Engineer.