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PCRES 1997-044PLANNING COMMISSION RESOLUTION 97- 044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PERMIT TO ALLOW 119 RESORT RESIDENTIAL UNITS AND A HEALTH SPA IN THE LA QUINTA RESORT SPECIFIC PLAN AREA CASE NO.: SITE DEVELOPMENT PERMIT 97-607 APPLICANT: KSL DESERT RESORTS, INCORPORATED WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8" day of July, 1997, hold duly noticed Public Hearing to consider the request of KSL Desert Resorts, Incorporated, for approval of 119 resort residential units and a 20,200 square foot health spa in the RM Zone (zone change to TC proposed), located between Avenida Obregon and Calle Mazatlan, south of the Tennis Club, more particularly described as: Portion of Section 36, Township 5 South, Range 6 East, WHEREAS, said Site Development Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the Community Development Department conducted an initial study (Environmental Assessment 97-340) and has determined that the proposed Site Development Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact should be recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify approval of Site Development Permit 97-607: The project is consistent with the General Plan in that units of this type are permitted in the Tourist Commercial designation that exist on part of this property and is proposed for the balance of this property. 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that an Environmental Assessment has been prepared and a Mitigated Negative Declaration is recommended. resopcs#607 Planning Commission Resolution No. 97- 044 4. The architectural design of the project is compatible with the surrounding development in that it is of architectural design, colors, and materials, and has been recommended for approval by the Historic Preservation Commission. 5. The site design of the project is attractive and well designed and appropriate for the area. Parking has been kept around the perimeter of the site to increase the pedestrian aspect of the project. 6. The landscape design of the project with utilize plants compatible with the existing development. An emphasis on landscaping will reinforce the resort community image and character of the area. 7. The project will not require excessive new signs since it will be a part of the La Quinta Resort and Club. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; _ 2. That the Planning Commission does hereby recommend approval of Site Development Permit 97-607 because it is in compliance with the provisions of Specific Plan 121 E, Amendment #4; 3. That the Environmental Impacts identified under EA 96-340 are binding for this case. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8" day of July, 1997, by the following vote, to wit: AYES: COMMISSIONERS BUTLER, KIRK, SEATON, TYLER, WOODARD AND CHAIRMAN ABELS. NOES: NONE. ABSENT: COMMISSIONER GARDNER. ABSTAIN: NONE. resopcs#607 Planning Commission Resolution No. 97- 044 ES ABELS, Chairman La Quinta, California ATTEST: HERM N, Community Development Director La Qu' ta. California resopesdp607 PLANNING COMMISSION RESOLUTION NO.97-n44 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 97-607 KSL DESERT RESORTS, INCORPORATED JULY 8, 1997 GENERAL The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 97-607, unless otherwise amended by the following conditions. 2. The approved Site Development Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.2OO.08OD. 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. 4. The project shall incorporate the latest technology in recycling and other means of reducing the amount of waste requiring disposal (land filing), during demolition. Construction, and upon site development/operation. A► prior to issuance of a demolition/building permit, the applicant shall provide proof to the Community Development Department that a recycling company and program has been established for the recycling of construction/demolition debris. B) If the applicant can successfully demonstrate that current provisions exist to meet the requirements of the California Solid Waste Reuse and Recycling Access Act of 1991, the Community Development Director may waive, modify, or delete the requirements of this condition. 5. The applicant shall obtain permits and/or clearances from the following public agencies; as needed: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Conapppcs#97-607 Planning Commission Resolution No. 97-044 Site Development Permit 97-607 July 8, 1997 - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District (per letter of June 25,1997, on file in Community Development Department) - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 7. The project may be phased if a phasing plan is submitted to the Community Development Department prior to issuance of a building permit. 8. A six foot high, solid grouted decorative block wall shall be constructed, if not already existing, adjacent to or across the street from all non -hotel related uses (Tennis Villas, Santa Rosa Cove residences, and any private residences). Wall to be constructed prior to any demolition, grading, site disturbance, or construction on subject property. 9. All new head -in parking spaces shown on east side of Avenida Obregon shall be provided at the time of demolition of the adjacent 82 space parking lot. 10. The windows on the Spa building shall be revised to provide variety in shape and orientation. 11. Existing trees shall be retained or relocated whenever possible. Final landscaping plans, in compliance with all applicable City requirements shall be approved prior to issuance of first building permit authorized by this approval. Conapppcsdp97-607 PLANNING COMMISSION RESOLUTION NO. 97- 044 SITE DEVELOPMENT PERMIT 97-607 JULY 8, 1997 12. Site and other applicable plans shall be revised pursuant to requirements of the Historic Preservation Commission prior to issuance of first building permit for "resort residential" units. 13. All applicable conditions of Specific Plan 121 E, Amendment #4, and Tentative Tract 28545 shall be met. 14. Exterior walkway lighting shall be provided. Lighting to be low profile and comply with Municipal Code and not cause annoyance to surrounding properties. Plan to be approved by Community Development Department prior to issuance of building permit. FIRE MARSHAL 15. Fire apparatus roads shall be provided for every building when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. This requirement shall be complied with prior to issuance of a building permit. 16. Other requirements of the Fire Marshal shall be determined during the plan check process. Conapppcsdp97-607