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PCRES 2003-113PLANNING COMMISSION RESOLUTION 2003-113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A SPECIFIC PLAN TO ALLOW 250 CONDOMINIUM UNITS ON A ±21 ACRE SITE, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. CASE NO: SPECIFIC PLAN 2003-069 APPLICANT: ROBERT SELAN WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of December, 2003 hold a duly noticed Public Hearing to consider a request by Robert Selan for approval of development principles and design guidelines for a Specific Plan to allow a common undivided interest subdivision of 250 condominium units on a ±21 acre site, generally located at the northwest corner Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-486), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; 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 Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the Zoning Code to justify recommending to the City Council approval of said Specific Plan: 1. Consistency with the General Plan: The proposed Specific Plan is consistent with the goals and policies of the General Plan in that the design, height, scale _ and mass of the project is compatible with the Medium High Density Residential (MHDR) Land Use designation. peresosp069,doc Planning Commission Resolution 2003-113 Specific Plan 2003-069 — Robert Selan December 23, 2003 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that this issue was considered in Environmental Assessment 2003-486, and no significant health or safety impacts were identified for the proposed project. 3. Land Use Compatibility: The proposed Specific Plan is compatible in terms of surrounding land uses, in that other residential projects are being developed in the immediate area of the subject land, as lower density country club residential. The proposed MHDR designation provides a better transitional land use, and allows a buffer from the main arterial roadways that border the subject property. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property in that it is located on a major intersection, affording direct access to main transportation arteries and public transportation options, which makes the site more suitable for a higher intensity residential use than in the surrounding areas. The Specific Plan can be served without adverse impact by all necessary public services and utilities. 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 for this Specific Plan; 2. That it does hereby recommend to the City Council approval of Specific Plan 2003-069 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 Planning Commission held on this 23rd day of December, 2003, by the following vote, to wit: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk NOES: None ABSENT: None ABSTAIN: None peresosp069.doc Planning Commission Resolution 2003-113 Specific Plan 2003-069 — Robert Selan December 23, 2003 OM RK, Chairman Cit of La Quinta, California ATTEST: JEPRY'�ERMA.P, Community Development Director Ci v of a Quinta, California peresosp069.doe PLANNING COMMISSION RESOLUTION 2003-113 EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 2003-069 WATERMARK VILLAS DECEMBER 23, 2003 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 2003-069 (SP 2003-069) shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2003-069, these conditions shall take precedence. 2. 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 or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be made in a revised document to ensure consistency. All other applicable conditions of approval for Tentative Tract Map 31798, and any subsequent amendment(s), shall be incorporated into the revised text for SP 2003-069 in the appropriate sections. The project proponent shall submit five (5) copies of the amended Specific Plan documents within 30 days of City Council approval of the Specific Plan, or issuance of a grading permit, whichever occurs first. 4. SP 2003-069 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2003-486 • Tentative Tract Map 31798 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes coapcsp069.doc may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 6. The Specific Plan document for SP 2003-069 (Watermark Villas) shall be revised in conformance with the following: A. The conditions of approval for SP 2003-069 and TT 31798 shall be incorporated into the specific plan document as an appendix. The Citrus Course Homeowner Association bullet points shall be considered as part of subsequent approvals. B. Section VI, Phasing and Implementation 1). Revise the statement regarding tennis courts to read, "The two lighted regulation -size tennis courts are permitted by inclusion within this specific plan. As part of the permit requirements to build these courts, a photometric survey of the proposed light standards based on siting and lighting type will be required by the La Quinta Community Development Department. All lighting must comply with the Outdoor Light Control Ordinance provisions as in effect at the time permits are requested.". 2). Add the following provision: "Perimeter wall plans shall be in compliance with the acoustical analysis prepared by Urban Crossroads, dated October, 2003, and with the design standards as specified in the Watermark Villas Specific Plan. All perimeter wall plans shall be reviewed and accepted by Community Development prior to any wall permit(s) being issued.". C. Page 5, Lighting — revise last sentence from dark sky ordinance to Outdoor Light Control Ordinance. D. Page 8, C.2. Project Perimeter Landscaping — include discussion of landscape screening methods to be employed along the north and west project boundaries to buffer views from the Citrus Course properties, as per the agreement between Citrus Course homeowners and Watermark Villas and set for the in their letter dated 12/10/03. coapcsp069.doc Planning Commission Resolution 2003-113 Specific Plan 2003-069 — Robert Selan December 23, 2003 E. The Conditions, Covenants and Restrictions for the project ,shall include a provision which states that the project is subject to Transient Occupancy Tax. F. Page 9, Landscape Development Standards — Include the following standard: "An overall preliminary landscaping plan shall be prepared for all common area landscaping and parkways, pursuant to the requirements of the recently adopted Water Efficient Landscaping Ordinance, to include a preliminary estimate of water use for the entire site.". Incorporate the landscape requirements as set forth in the letter dated December 10, 2003, prepared by the Citrus Course Homeowner Association, into the development standards listing. 3 coapcsp069.doc