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PCRES 2004-088PLANNING COMMISSION RESOLUTION 2004-088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the Planning Commission of the City of La Quinta did on the 9th day of November, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 and 770-040-012 WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact is recommended; and WHEREAS, the Community Development Department did publish a public hearing notice in the Desert Sun newspaper on October 30, 2004, 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 Planning Commission did find the following facts and reasons to justify recommending to the City Council approval of said Conditional Use Permit: 1. The property is designated Medium Density and Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to Image Corridor General Plan policies. P:\Reports - PC\11-9-2004\Westport La Paloma\cup 2003-074 pc res.doc Planning Commission Resolution 2004-088 Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 9, 2004 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. The La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment; the project will not have a significant adverse effect on the environment as mitigated. 4. The site design of the project 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. 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 it does hereby recommend to the City Council approval of the above - described Conditional Use Permit request 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 Planning Commission held on this 9"' day of November, 2004, by the following vote to wit: AYES: Commissioners Daniels, Krieger, Ladner, and Vice -Chairman Quill NOES: None ABSENT: Chairman Kirk ABSTAIN: None Paul Quill, Vice -Chairman City of La Quinta, California P:\stan\westport senior housing\cup 2003-074 pc res.doc Planning Commission Resolution 2004-088 Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 9, 2004 ATTEST: SCAR ORCI, Interim Community Development Director City of La Quinta, California P:\stan\westport senior housing\cup 2003-074 pc res.doc PLANNING COMMISSION RESOLUTION 2004-087 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: NOVEMBER 9, 2004 GENERAL 1. The use of the subject property for a congregate care facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074, Specific Plan 2004-071, Site Development Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 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. 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. p:\stan\westport senior housing\cup 2003-074 pc coa.doc