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PC Resolution 2012-023PLANNING COMMISSION RESOLUTION 2012-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2001- 055 AMENDMENT 3, FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: SPECIFIC PLAN 2001-055 AMENDMENT 3 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251h day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC for consideration of an amendment to the existing Centre Pointe Specific Plan in order to accommodate plans for a 9.5-acre retirement community located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 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 prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and,, WHEREAS, at said Public Hearing, upon hearing and considering all Planning Commission Resolution 2012-023 Specific Plan 2001-055 Amendment 3 Lenity Group, LLC Page 2 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 La Quinta Municipal Code to justify recommending to the City Council 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 201 1-617 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 residential homes and a medical center. The current specific plan area is 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 said Planning Commission in this case; and Planning Commission Resolution 2012-023 Specific Plan 2001-055 Amendment 3 Lenity Group, LLC Page 3 2. That the Planning Commission does hereby recommend approval of Specific Plan 2001-055 Amendment 3 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 25" day of September, 2012, by the following vote to wit: AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None ` ;�� "'- KATIE BARROWS, Chairperson City of La Quinta, California HN'ON, Planning Director La Quinta, California PLANNING COMMISSION RESOLUTION 2012-023 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 2001-055 AMENDMENT 3 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 r;FNFRAI 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 Site Development Permit, 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. Specific Plan 2001-055 Amendment 3 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 Specific Plan 2001-055 Amendment 3, these conditions shall take precedence. 3. Specific Plan 2001-055 Amendment 3 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2011-617 Site Development Permit 2011-921 Tentative Parcel Map 36405 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all 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. P:\Reports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\09 LQRC SP COA_Adopted.docx Page 1