PCRES 2007-037PLANNING COMMISSION RESOLUTION 2007-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF CONDITIONAL USE PERMIT 2007-104, ALLOWING
SPECIAL PRODUCT TYPES FOR THE MADISON CLUB VILLAS
WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT
CASE NO.: CONDITIONAL USE PERMIT 2007-104
APPLICANT: EAST OF MADISON, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 281" day of August, 2007 hold a duly noticed Public Hearing
to consider a request by East of Madison, LLC, for a Conditional Use Permit to
allow special product types (including zero lot line residences) for a proposed single-
family residential project within the Madison Club residential development, located
south of Avenue 52 and west of Monroe Street, more particularly described as:
APN: 767-200-091: 767-210-082
WHEREAS, the La Quinta Planning Department has determined that
this request has been assessed in conjunction with Environmental Assessment
2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which
was certified on February 1, 2005. No changed circumstances or conditions are
proposed which would trigger the preparation of subsequent environmental analysis
pursuant to Public Resources Code Section 21 166; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said
Conditional Use Permit:
1. The proposed use is consistent with the land use designation of Low
Density Residential. The City's General Plan Policies relating to Low
Density Residential encourages the development of single-family attached
and detached developments.
2. The proposed use is consistent with the provisions of the La Quinta
Zoning Code. Use of the space as detached residential units will have
similar characteristics and impacts as the surrounding single-family
residential development, and similar uses which are permitted by right
under the Low Density Residential zoning district.
3. Processing of this Conditional Use Permit for the proposed use is in
compliance with the provisions of the California Environmental Quality
Planning Commission Resolution No. 2007-037
Conditional Use Permit 2007-104
East of Madison, LLC
Adopted: August 28, 2007
Act. The La Quinta La Quinta Planning Department has determined that
this request has been assessed in conjunction with Environmental
Assessment 2004-520 which was prepared for Specific Plan 1999-035
Amendment 1, which was certified on February 1, 2005. No changed
circumstances or conditions are proposed which would trigger the
preparation of subsequent environmental analysis pursuant to Public
Resources Code Section 21166.
4. Approval of this proposed use will not be a detriment to the public health,
safety and general welfare, nor shall it be injurious or incompatible with
other properties or uses in the vicinity. Use of the area as a single-family
residential development will have similar characteristics and impacts as
neighboring land uses.
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 the Planning Commission does hereby recommend approval of
Conditional Use Permit 2007-104 to the City Council 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 28`h day of August, 2007, by the
following vote to wit:
AYES: Commissioners Daniels, Quill, and Chairman Alderson
NOES: None
ABSENT: Commissioners Barrows, and Engle
ABSTAIN: None
�'Z
ED ALDERSON, Chairman
City of La Quinta, California
Planning Commission Resolution No. 2007-037
Conditional Use Permit 2007-104
East of Madison, LLC
Adopted: August 28, 2007
/21111ii*1111l
LIS JOFiNSON, Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2007-037
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2007-104
EAST OF MADISON, LLC
AUGUST 28, 2007
The applicant agrees to indemnify, defend and hold harmless the City of
La Quinta, its agents, officers, and employees from any claim, action, or
proceeding to attack, set aside, void, or annul the approval of this
Conditional Use Permit. The City of La Quinta shall have the right to
select its defense counsel at its sole discretion.
The City of La Quinta shall promptly notify the applicant of any claim,
action, or proceeding and shall cooperate fully in the defense.
2. The applicant shall comply with all applicable provisions of the La Quinta
Municipal Code (LQMC).
3. This Conditional Use Permit shall expire two years after City Council
approval, unless granted a time extension pursuant to the requirements of
La Quinta Municipal Code 9.200.080 (Permit expiration and time
extensions).
4. The City of La Quinta reserves the right to review and monitor the
operation of this residential development and modify Conditions of
Approval if necessary.
5. Any expansion of this use or substantial modifications to the approved
site plan may require an amendment of this Conditional Use Permit. Minor
modifications to this Conditional Use Permit may be approved by the
Planning Director.
6. Conditional Use Permit 2007-104 shall comply with all applicable
conditions of approval for the following related approvals:
Tentative Tract Map 34968
Site Development Permit 2007-888
In the event of any conflict(s) between approval conditions and/or
provisions of these approvals, the Planning Director shall determine
precedence.