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PCRES 1999-069PLANNING COMMISSION RESOLUTION 99-069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT #5 TO SPECIFIC PLAN 83-001 AT DUNA LA QUINTA CASE NO.: SPECIFIC PLAN 83-001 AMENDMENT NO. 5 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 121h day of October, 1999, hold a duly noticed Public Hearing to consider the request of Century -Crowell Communities for approval of a modification to the specific plan unit count to permit the construction of 40 single family condominium units, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte to 10-feet, and add a new split-level grading/unit type requirement along the north side 50-foot elevation of the channel berm, south of 501h Avenue, west of Washington Street, southwest and southeast of Avenida Los Verdes, more particularly described as: that area bounded by Avenue 50 on the north, Washington Street on the east, the retention basin located between Specific Plan 94-024 and Parcels 1 & 2 of Parcel Map 19730 to the south, and Avenida Bermudas on the west WHEREAS, said Specific Plan Amendment has been determined to have been previously assessed in conjunction with the Environmental Impact Report (State Clearinghouse ##83-061305) prepared for Specific Plan 83-001, and certified on May 15, 1984, and no changed circumstances or conditions are proposed which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify recommending approval of said Specific Plan Amendment No. 5: 1. Consistency with Genera/ Plan: With the recommended Conditions of Approval, the proposed amendment to modify the unit count to 184 total residential units is consistent with the goals, objectives, and policies of the La Quinta General Plan, in that the General Plan density range for the Medium Density Residential land use is 4 to 8 dwelling units per acre, and the request for an additional 15 residential units on Parcels 1 and 2 of Parcel Map 19730 will not cumulatively exceed the specific plan maximum of 187 residential units or the density allowed under the General Plan designation. P:\LESLI E\peresSP83-001 Amd5Dunampd Planning Commission Resolution 99-069 Specific Plan 83-001 Amendment No. 5 Century -Crowell Communities October 12, 1999 2. Public We/fare: With the recommended conditions of approval, the proposed specific plan amendments will not create conditions materially detrimental to the public health, safety, and welfare of the public, in that these issues have been considered in the Environmental Impact Report. 3. Land Use Compatibility: With the recommended conditions of approval, the proposed amendment to modify the unit count, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte, and add the new grading/unit requirement within Specific Plan 83-001 is compatible with Zoning designations on adjacent properties as the number of units proposed by the applicant will not exceed the total number of units originally permitted by the specific plan, and that the proposed development consists of detached single family condominium residential units, similar to existing residential development within Duna La Quinta, including split level units. 4. Property Suitability: With the recommended conditions of approval, the proposed specific plan amendment to modify the unit count, separate the Seasons from Specific Plan 83-001, and add the new grading/unit requirement within Specific Plan 83-001 is suitable and appropriate for the subject property located in Planning Areas II and III of Duna La Quinta. 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 constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend approval of Specific Plan 83-001 Amendment No. 5 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 12`h day of October, 1999, by the following vote, to wit: AYES: Commissioners Robbins, Tyler, and Chairman Kirk NOES: None P:\LESLI E\peresSP83-001 Amd5Duna.wpd Planning Commission Resolution 99-069 Specific Plan 83-001 Amendment No. 5 Century -Crowell Communities October 12, 1999 ABSENT: Commissioners Abels and Butler ABSTAIN: None 0 ,/KIRK, Chairman of La Quinta, California HERMAN, Community Development Director La Quinta, California P:\LESLIE\peresSP83-OOlAmd5Duna.wpd PLANNING COMMISSION RESOLUTION 99-069 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 83-001 AMENDMENT 5 CENTURY-CROWELL COMMUNITIES OCTOBER 12, 1999 CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this specific plan amendment. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District. (IID) • California Water Quality Control Board (CWQCB) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. PApccoaSP83-001 k5.wpd 1 Planning Commission Resolution 99-069 Conditions of Approval - Adopted Specific Plan 83-001 Amendment 5 October 12, 1999 DRAINAGE 3. If the applicant proposes discharge of stormwater directly or indirectly to the La Quinta Evacuation Channel or the Whitewater Drainage Channel, the applicant, and subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. Any drainage into channel shall require CVWD approval. TRAFFIC AND CIRCULATION 4. The applicant or developer shall comply with the following requirements of the City Engineer: a. The applicant shall complete improvements to Calle Norte (in Planning Area 2) and shall construct all street improvements in Planning Area No. 3. Homes shall not be approved for occupancy until they are served by fully -improved streets. b. Low -volume private residential streets shall have a 36-foot travel width (between curb faces or gutter flow lines). This width may be reduced to 32 feet with parking restricted to one side and to 28 feet if no on -street parking is allowed provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. 5. The applicant shall pay a per -unit school development fee as determined by the Desert Sands Unified School District in accordance with the school mitigation agreements as approved by the La Quinta City Council and in effect at the time of the issuance of building permits. P:\pccoaS P83-001 #5.wpd 2 Planning Commission Resolution 99-069 Conditions of Approval - Adopted Specific Plan 83-001 Amendment 5 October 12, 1999 DEVELOPMENT STANDARDS 6. Prior to final building inspection of the final units constructed within Tract 20158, the applicant shall install necessary perimeter walls including that along the retention basin at the south boundary of Parcels 1 and 2 of Parcel Map 19730. 7. Prior to issuance of a building permit, the applicant shall design the units along the south side of Calle Norte, east of Avenida Los Verdes, to be split level, with below grade garages and 20 foot long driveways for those units requiring higher than a four foot retaining wall. 8. For units along the south side of Calle Norte as 10-foot minimum rear setback and 20-foot minimum front setback to main structure/garage are required. 9. The total unit count at build -out shall not exceed 184 residential units, with 40 units permitted on Lots 1 and 2 of Parcel Map 19730. 10. Prior to issuance of building permits, the applicant shall submit a revised Specific Plan document/map with the area of Specific Plan 94-024- The Seasons removed and the above conditions incorporated. P:\pccoaSP83-001#5.wpd 3