CC Resolution 2007-086RESOLUTION NO. 2007-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
2007-104, ALLOWING SPECIAL PRODUCT TYPES FOR THE
MADISON CLUB VILLAS WITHIN THE MADISON CLUB RESIDENTIAL
DEVELOPMENT
CASE NO.: CONDITIONAL USE PERMIT 2007-104
APPLICANT: EAST OF MADISON, LLC
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 18th day of August, 2007 hold a duly noticed Public Hearing to consider a
request by East of Madison, LLC, for a Conditional Use Permit to allow special
product types (including zero lot line residences) for a proposed single-family
residential project within the Madison Club residential development, located south
of Avenue 52 and west of Monroe Street, more particularly described as:
APN: 767-200-091; 767-210-082
WHEREAS, the La Quinta Planning Department has determined that
this request has been assessed in conjunction with Environmental Assessment
2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which
was certified on February 1, 2005. No changed circumstances or conditions are
proposed which would trigger the preparation of subsequent environmental analysis
pursuant to Public Resources Code Section 21 166; and,
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 281h day of August, 2007, hold a duly -noticed Public Hearing
to consider a recommendation on said Conditional Use Permit and, after hearing and
considering all testimony and arguments, did adopt Planning Commission Resolution
2007-036, recommending to the City Council approval of Conditional Use Permit
2007-104; and
WHEREAS, at said 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
Conditional Use Permit:
1. The proposed use is consistent with the land use designation of Low
Density Residential. The City's General Plan Policies relating to Low
Density Residential encourages the development of single-family attached
and detached developments.
Resolution No. 2007-086
Conditional Use Permit 2007-104
East of Madison, LLC
September 18, 2007
Page 2
2. The proposed use is consistent with the provisions of the La Quinta
Zoning Code. Use of the space as detached residential units will have
similar characteristics and impacts as the surrounding single-family
residential development, and similar uses which are permitted by right
under the Low Density Residential zoning district.
3. Processing of this Conditional Use Permit for the proposed use is in
compliance with the provisions of the California Environmental Quality
Act. The La Quinta Planning Department has determined that this request
has been assessed in conjunction with Environmental Assessment
2004-520 which was prepared for Specific Plan 1999-035 Amendment
1, which was certified on February 1, 2005. No changed circumstances
or conditions are proposed which would trigger the preparation of
subsequent environmental analysis pursuant to Public Resources Code
Section 21166.
4. Approval of this proposed use will not be a detriment to the public health,
safety and general welfare, nor shall it be injurious or incompatible with
other properties or uses in the vicinity. Use of the area as a single-family
residential development will have similar characteristics and impacts as
neighboring 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 constitute the findings of the City
Council in this case;
2. That the City Council does hereby approve Conditional Use Permit 2007-104
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 the 18' day of September, 2007, by the following
vote, to wit:
Resolution No. 2007-086
Conditional Use Permit 2007-104
East of Madison, LLC
September 18, 2007
Page 3
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ON ADO H, M4jor
City of La Quinta, California
ATTEST:
VERONICA J,,MONTECINO, CMC, City Clerk
City of La Q6inta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION NO. 2007-086
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2007-104
EAST OF MADISON, LLC
ADOPTED: SEPTEMBER 18, 2007
1. The applicant agrees to indemnify, defend and hold harmless the City of
La Quinta, its agents, officers, and employees from any claim, action, or
proceeding to attack, set aside, void, or annul the approval of this
Conditional Use Permit. The City of La Quinta shall have the right to
select its defense counsel at its sole discretion.
The City of La Quinta shall promptly notify the applicant of any claim,
action, or proceeding and shall cooperate fully in the defense.
2. The applicant shall comply with all applicable provisions of the La Quinta
Municipal Code (LQMC).
3. This Conditional Use Permit shall expire two years after City Council
approval, unless granted a time extension pursuant to the requirements of
La Quinta Municipal Code 9.200.080 (Permit expiration and time
extensions).
4. The City of La Quinta reserves the right to review and monitor the
operation of this residential development and modify Conditions of
Approval if necessary.
5. Any expansion of this use or substantial modifications to the approved
site plan may require an amendment of this Conditional Use Permit. Minor
modifications to this Conditional Use Permit may be approved by the
Planning Director.
6. Conditional Use Permit 2007-104 shall comply with all applicable
conditions of approval for the following related approvals:
Tentative Tract Map 34968
Site Development Permit 2007-888
In the event of any conflict(s) between approval conditions and/or
provisions of these approvals, the Planning Director shall determine
precedence.