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CC Resolution 1999-148d_^ RESOLUTION NO.99-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #5 TO SPECIFIC PLAN 83-001 AT DUNA LA QUINTA CASE NO.: SPECIFIC PLAN 83-001 AMENDMENT NO.5 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of November, 1999, hold a duly noticed Public Hearing to consider the request of Century-Crowell Communities for approval of a modification to the specific plan unit count to permit the construction of 40 single family condominium units, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte to 10-feet, and add a new split-level grading/unit type requirement along the north side 50-foot elevation of the channel berm, south of 50th Avenue, west of Washington Street, southwest and southeast of Avenida Las Verdes; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 2? day of October, 1 999, hold a duly noticed Public Hearing to consider the request of Century-Crowell Communities for approval of a modification to the specific plan unit count to permit the construction of 40 single family condominium units, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte to 10-feet, and add a new split-level grading/unit type requirement along the north side 50-foot elevation of the channel berm, south of 50? Avenue, west of Washington Street, southwest and southeast of Avenida Las Verdes, more particularly described as: that area bounded by Avenue 50 on the north, Washington Street on the east, the retention basin located between Specific Plan 94-024 and Parcels 1 & 2 of Parcel Map 1 9730 to the south? and Avenida Bermudas on the west WHEREAS, said Specific Plan Amendment has been determined to have been previously assessed in conjunction with the Environmental Impact Report State Clearinghouse #83-061305) prepared for Specific Plan 83-001, and certified on May 1 5, 1 984, and no changed circumstances or conditions are proposed which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 211 66; and, BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^esoIution No.99-148 Specific Plan 83-001 Amendment No.5 Centurv-Crowell Communities Adopted: November 2 1999 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify recommending approval of said Specific Plan 83-001 Amendment No.5. 1. Consistency wfth General Plan: With the recommended Conditions of Approval, the proposed amendment to modify the unit count to 1 84 total residential units is consistent with the goals, objectives, and policies of the La Quinta General Plan, in that the General Plan density range for the Medium Density Residential land use is 4 to 8 dwelling units per acre, and the request for an additional 1 5 residential units on Parcels 1 and 2 of Parcel Map 1 9730 will not cumulatively exceed the specific plan maximum of 187 residential units or the density allowed under the General Plan designation. 2. Public Welfare: With the recommended conditions of approval, the proposed specific plan amendments will not create conditions materially detrimental to the public health, safety, and welfare of the public, in that these issues have been considered in the Environmental Impact Report. 3. Land Use Compatibufty: With the recommended conditions of approval, the proposed amendment to modify the unit count, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte, and add the new grading/unit requirement within Specific Plan 83-001 is compatible with Zoning designations on adjacent properties as the number of units proposed by the applicant will not exceed the total number of units originally permitted by the specific plan, and that the proposed development consists of detached single family condominium residential units, similar to existing residential development within Duna La Quinta, including split- level units. 4. Property Suitability: With the recommended conditions of approval, the proposed specific plan amendment to modify the unit count? separate the Seasons from Specific Plan 83-001, and add the new grading/unit requirement within Specific Plan 83-001 is suitable and appropriate for the subject property located in Planning Areas II and Ill of Duna La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^Resolution No.99-148 Specitic Plan 83-001 Amendment No. B Century-Croweil Communities Adopted: November 2, 1999 Page 3 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Specific Plan 83-001 Amendment No.5 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2nd day of November, 1 999? by the following vote? to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN?A??r City of La Quinta, California ATTEST: y of La Quinta, Californi BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^Resolution No.99-148 Specific Plan 83-001 Amendment No.5 Ceritury-Crowell Communities Adopted: November 2 1999 Page 4 APPROVED AS TO FORM: DAWN C. HONEYWELL', City Attorney City of La Quinta, California BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^RESOLUTION 99-148 CONDITIONS OF APPROVAL RECOMMENDED SPECIFIC PLAN 83-001 AMENDMENT 5 CENTURY-CROWELL COMMUNITIES NOVEMBER 2, 1999 CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta the 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. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: * Fire Marshal * Public Works Department Grading Permit, Improvement Permit) * Community Development Department I Riverside Co. Environmental Health Department * Desert Sands Unified School District * Coachella Valley Water District CVWD) * Imperial Irrigation District lID) California Water Quality Control Board CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project-specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. C:?YDATA\WPDOCS?esoIuuons\Coa.SP 3-OO I BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^Resolution 99-148 Conditions of Approval Recommended Specific Plan 83-001, Amendment #5 November 2, 1999 Page 2 DRAINAGE 3. If the applicant proposes discharge of stormwater directly or indirectly to the La Quinta Evacuation Channel or the Whitewater Drainage Channel, the applicant, and subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. Any drainage into the Evacuation Channel shall require CVWD approval. TRAFFIC AND CIRCULATION 4. The applicant or developer shall comply with the following requirements of the City Engineer: a. The applicant shall complete improvements to Calle Norte in Planning Area 2) and shall construct all street improvements in Planning Area No. 3. Homes shall not be approved for occupancy until they are served by fully- improved streets. b. Low-volume private residential streets shall have a 36?foot travel width between curb faces or gutter flow lines). This width may be reduced to 32 feet with parking restricted to one side and to 28 feet if no on-street parking is allowed provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. SCHOOLS 5. The applicant shall pay a per-unit school development fee as determined by the Desert Sands Unified School District in accordance with the school mitigation agreements as approved by the La Quinta City Council and in effect at the time of the issuance of building permits. BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02 d_^Resolution 99-148 Conditions of Approval Recommended Specific Plan 83-001, Amendment #5 November 2, 1999 Page 3 DEVEL0PM?NT STANDARDS 6. Prior to final building inspection of the final units constructed within Tract 20158, the applicant shall install necessary perimeter walls including that along the retention basin at the south boundary of Parcels 1 and 2 of Parcel Map 1 9730. 7. Prior to issuance of a building permit, the applicant shall design the units along the south side of Calle Norte, east of Avenida Los Verdes, to be split level, with below grade garages and 20 foot long driveways for those units requiring higher than a four foot retaining wall. 8. For units along the south side of Calle Norte as 10-foot minimum rear setback and 20-foot minimum front setback to main structure/garage are required. 9. The total unit count at build-out shall not exceed 1 84 residential units, with 40 units permitted on Lots 1 and 2 of Parcel Map 1 9730. 1 0. Prior to issuance of building permits, the applicant shall submit a revised Specific Plan document/map with the area of Specific Plan 94-024- The Seasons removed and the above conditions incorporated. BIB] 11-20-1999-U01 09:58:10AM-U01 ADMIN-U01 CCRES-U02 99-U02 148-U02