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CC Resolution 2007-088RESOLUTION NO. 2007-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074, EXTENSION NO. 1 WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta did on the 7"day of August, 2007, hold a duly noticed public hearing, and continued said hearing to the 18" day of September, 2007, to consider the request of Westport La Quinta, L.P. for approval of a one year extension of time for a Conditional Use Permit to allow a senior retirement community complex, on 14 t acres on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN 646-070-013 WHEREAS, the City Council of the City of La Quinta did on the 71" day of December, 2004, hold a duly noticed public hearing and approve by adoption of Resolution 2004-151, the request of Pacific Retirement Services and Westport La Quinta, L.P., a Conditional Use Permit to allow a senior retirement community complex, on 21 f acres on the northeast and southeast corners of Washington Street and Avenue 50; and WHEREAS, the Planning Commission of the City of La Quinta did on the 91" day of November, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. 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 Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act; and Resolution No. 2007-088 Conditional Use Permit 2004-074, Extension No. 1 Westport La Quints, L.P. Adopted: September 18, 2007 Page 2 WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper on July 27, 2007, 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 time extension: 1. The property is designated Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project as approved 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 City Council has certified Environmental Assessment 2003- 470 and based upon this Assessment; the project will not have a significant adverse effect on the environment provided the mitigation measures are complied with. 4. The site design of the project as approved 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. 5. The applicant indicates they are continuing to progress toward development of the project. 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. Resolution No. 2007-088 Conditional Use Permit 2004-074, Extension No. 1 Westport La Quints, L.P. Adopted: September 18, 2007 Page 3 2. That it does hereby approve the above -described Conditional Use Permit time extension request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval, which Permit shall now be subject to expiration on September 18, 2008. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18t" day of September, 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ON ADO L H, or City of La Quinta, California 0 VERONICA J. DNTECINO, CMC, City of La Otfinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSO/UfCity Attorney City of La Quinta, Cali rnia CITY COUNCIL RESOLUTION NO. 2007-088 CONDITIONS OF APPROVAL — FINAL CONDITIONAL USE PERMIT 2003-074, EXTENSION NO. 1 WESTPORT LA QUINTA LP ADOPTED: SEPTEMBER 18, 2007 GENERAL 1. The use of the subject property for a congregate care facility (senior retirement community complex) shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074 Extension #1, Specific Plan 2004-071, Site Development Permit 2003-762 Extension #1 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire on September 18, 2008, and shall become null and void in accordance with La Quinta Municipal Code Section 9.220.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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 Conditional Use Permit. 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.