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CC Resolution 2011-061RESOLUTION NO. 2011 - 061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2004-071 AMENDMENT 1 FOR LA PALOMA, LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE: SPECIFIC PLAN 2004-071 AMENDMENT 1 APPLICANT: WSL LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 19t' day of July, 2011, hold a duly noticed Public Hearing to consider a request by WSL La Quinta, LLC for approval of an amendment to the existing La Paloma Specific Plan in order to accommodate plans for a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN: 646-070-016 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of June, 2011, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on June 14, 2011, to consider a recommendation on said Specific Plan Amendment and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 201 1-006, recommending to the City Council approval of Specific Plan 2004-071 Amendment 1; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on July 8, 2011 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the La Quinta Planning Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071, which was certified on December 23, 2004. No changed circumstances or conditions are City Council Resolution 2011-061 Specific Plan 2004-071 Amendment 1 WSL La Quima, LLC Adopted: July 19, 2011 Page 2 proposed which would trigger the preparation of subsequent environmental analysis 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 desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan Amendment: 1. Consistency with the General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the buildings within the community are compatible with the goals and policies of the General Plan Medium High Density Residential (MHDR) Land Use designation. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 2003-470 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the Specific Plan amendment for residential and related recreational facilities are compatible with the existing single-family homes located near the specific plan area and on surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment, including age -restricted residences and common areas, are suitable and appropriate for the subject property in that the community is surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: City Council Resolution 2011-061 Specific Plan 2004-071 Amendment 1 WSL La Quinta, LLC Adopted: July 19, 2011 Page 3 1. That the above recitations are true and constitute the Findings of the City Council in this case; and, 2. That the City Council does Amendment 1 for the reasons attached Conditions of Approval. hereby approve Specific Plan 2004-071 set forth in this Resolution, subject to the PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 19`h day of July, 2011, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: Council Member Sniff ABSTAIN: None 0& Don Adolp , Maycv City of La Quinta, California ATTEST: Susan Maysels, Dep City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: /9 /� Gthterine Je f6n, City Attorney City Council Resolution 2011-061 Specific Plan 2004-071 Amendment 1 WSL La Quints, LLC Adopted: July 19, 2011 Page 4 CONDITIONS OF APPROVAL �3��) M-1 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 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. Specific Plan 2004-071 Amendment 1 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 2004-0071 Amendment 1, these conditions shall take precedence. 3. Specific Plan 2004-071 Amendment 1 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Site Development Permit 2003-762 Amendment 1 In the event of any conflict(s) between approval conditions and/orprovisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shal) "provide five copies - of the Final Specific Plan document, as amended by``"this action, to the. Planning Department. The Final Specific Plan shall include ail text ,and graphics except as amended by this action, all amendments-per'.this-action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director.