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PCRES 2007-003RESOLUTION NO. 2007-003 A RESOLUTION OF THE OF THE PLANNING COMMISSION OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2006-081 CASE: SPECIFIC PLAN 2006-081 APPLICANT: LAING LUXURY HOMES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23`d day of January, 2007 hold a duly noticed Public Hearing to consider a request by Laing Luxury Homes, for approval of a Specific Plan to establish development standards, principles, guidelines and programs for the development of 74 homes on lands totaling 28.33 acres, located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on January 13, 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, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2006-579 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify a recommendation to the City Council for approval of said Specific Plan: Planning Commission Resolution No. 2007-003 Specific Plan 2006-081 Laing Luxury Homes Adopted: February 6, 2007 Finding A - Consistency with General Plan The property is designated Low Density Residential. The proposed project will be developed with residential uses, which are consistent with the land uses envisioned in the General Plan. Finding B - Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan and Zoning Ordinance, as well as other County and State standards, such as CEQA. Findings C and D - Land Use Compatibility and Property Suitability The residential project is within a residentially designated and zoned area. The project provides adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. Additionally, the project will provide adequate perimeter landscaping and acceptable architectural design guidelines. 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 said Planning Commission in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2006- 579 has determined that no significant effects on the environment have been identified and mitigation measures are being imposed if needed; and 3. That it does hereby recommend to the City Council approval of Specific Plan 2006-081, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 23rd day of January, 2007, by the following vote, to wit: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill NOES: None ABSENT: None P:\reports-pc\1-23-07\ SP06-081 PC RESO.doc Planning Commission Resolution No. 2007-003 Specific Plan 2006-081 Laing Luxury Homes Adopted: February 6, 2007 ABSTAIN: None 61- QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. fAN Community Development Director City of La Quinta, California P:\reports-pc\1-23-07\ SP06-081 PC RESO.doc PLANNING COMMISSION RESOLUTION 2007-003 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES JANUARY 23, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("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 Final Map recorded thereunder. 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. All mitigation measures contained in Environmental Assessment 2006-579 shall be met. 3. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document to the Community Development Department, The Final Specific Plan shall include all project related final Conditions of Approval and correct any typographical errors, internal document inconsistencies, and/or minor amendments deemed necessary by City staff. In addition the following amendments shall be made: a. The Specific Plan shall be amended to correct references to "open space lots K & L," and any other discrepancies in lot numbers, consistent with the labeling shown on the approved Tentative Tract Map. b. The Specific Plan shall be amended to change the definition of the "Guest Suites" as provided in Exhibit A. In addition, the Specific Plan shall be amended to allow up to a maximum of one guest suite with kitchenette per lot. c. The Specific Plan shall be amended to require the location of a recreational amenity in the central park site. The recreational amenity could include, but is not limited to, a pool or spa, tot lot, bocci ball court, putting greens, picnic area, and/or community garden. The recreational amenity shall be maintained by the homeowner's association. In addition, seating shall be established along all trails at intervals not greater than 200 feet. Recreational amenities shall be maintained by the homeowner's association. d. The "Wall Concepts" Exhibit shall be amended to eliminate the graphic representing a 6'9" wall, and replace it with a 6'0" wall. e. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for P:\Reports - PC\2007\1-23-07\Laing\PC COA SP 2006-081.doc PLANNING COMMISSION RESOLUTION 2007-003 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES JANUARY 23, 2007 garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. f. All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. 4. The use of the subject property for single family residential uses shall be in conformance with the approved exhibits and conditions of approval contained in Tentative Tract Map 35060, Specific Plan 2006-081, Site Development Permit 2006-873 and Environmental Assessment 2006-579, unless otherwise amended by the Conditions of Approval. 5. No signage is permitted with this approval. Signage shall be reviewed under separate permit.