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CC Resolution 2001-060RESOLUTION NO. 2001-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #1 TO SPECIFIC PLAN 94-025 CASE NO.: SPECIFIC PLAN 94-025, AMENDMENT #1 APPLICANT: AGIOTAGE LIMITED WHEREAS, the City Council of the City of La Quinta did on the 1" day of May, 2001, and 5' day of June, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow circulation changes to a 277-unit development located on the east and west sides of future Jefferson Street, approximately 0.5 miles south of Avenue 58, more particulary described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, the Planning Commission of the City of La Quinta did on the 241h day of October, 2000, 10'h day of April, 2001, and 8' day of May, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow a private road along the north side of the Plan's boundary. WHEREAS, said Specific Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council), in that the La Quinta Community Development Department has prepared an Addendum to Environmental Assessment 94-287 pursuant to CEQA Guidelines 15164 Addendum. No change circumstances or conditions exist and no new information provided which would require preparation of a subsequent EIR, pursuant to Public Resources Code 21 166; and WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR for Specific Plan 94-025 (Resolution 95-36) as adequate and complete, adopted "Statements of Overriding Considerations," and adopted "CEQA Findings and Statements of Facts"; and WHEREAS, the Planning Commission did, on the 13"' day of April, 1999, hold a duly noticed Public Hearing on SP 94-025 (1'Time Extension), and by a vote of 5-0, adopted Resolution 99-026 approving a first time extension and text changes to the Plan; 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 Planning Commission did find the following facts and reasons pursuant to Section 9.240.010 of the Zoning Ordinance to justify the recommendation for approval of the Specific Plan Amendment: Resolution No. 2001-60 Specific Plan 94-025, Amendment #1 June 5, 2001 Page 2 A. 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 residential uses are proposed for Low Density Residential areas and open spaces will be preserved. The roadway width for Street Lot "B" (TPM 28617) has been kept to a minimum to reduce damage to the affected hillside areas. The Specific Plan contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Specific Plan offers guidelines promoting a balanced and functional mix of land uses consistent with the City's General Plan. The maximum number of residential units is 277. B. Public Welfare The Specific Plan Amendment contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Amendment offers guidelines promoting a balanced mix of residential land uses consistent with the City's General Plan. Any development within hillside areas shall comply with Section 9.140.040 of the Zoning Ordinance which requires specific engineering studies and limits the roadway grade to 15%. C. Land Use Compatibility The Specific Plan Amendment is compatible with zoning on adjacent properties in that the General Plan Land Use Policy Diagram shows the surrounding properties to be primarily Low Density Residential. D. Property Suitability The Specific Plan Amendment will not create conditions materially detrimental to the public general welfare in the proposed road extension is compatible with existing land uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; and Resolution No. 2001.60 Specific Plan 94-025, Amendment #1 June 5, 2001 Page 3 2. This application has complied with the requirements of 'The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report (#941 12047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 3. That it does hereby approve the request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Adolph, Henderson, Sniff, Mayor Pena None Council Member Perkins None �Sfl J. I City of La ATTEST: GREEK, CMC, City rCt k City of La Quinta, California (City Seal) xayor , California Resolution No. 2001-60 Specific Plan 94-025, Amendment #1 June 5, 2001 Page 4 APPROVED AS TO FORM: KATH INE JENS , City Attorney City of La Quinta, California RESOLUTION NO. 2001-60 Exhibit "A" CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 94-025, AMENDMENT #1 AGIOTAGE LIMITED JUNE 5, 2001 1. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 94-025 (Amendment #1), FEIR 94-287 Addendum, CUP 99-047 and TPM 28617 and any other challenge pertaining to this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. Specific Plan 94-025 (Amendment #1) shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 (Amendment #1) and those exhibits contained in the Final EIR and Addendum and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. The approved Specific Plan text on file with the Community Development Department shall be revised to incorporate the following conditions. Four copies of the final document shall be submitted after final approval by the City Council with an additional copy being unbound. LANDSCAPING 5. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24"- and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 6. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Resolution No. 2001.60 Conditions of Approval - Final Specific Plan 94-025, Amendment #1 Agiotage Limited June 5, 2001 Page 2 Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 7. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. No building permits shall be issued for Parcel 3 houses until landscaping improvements are installed along the private hillside road. FIRE DEPARTMENT 8. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 9. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. PROPOSED TEXT DOCUMENT CHANGES 10. Add to Page 22 (Circulation Section) - 1. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: Resolution No. 2001-60 Conditions of Approval - Final Specific Plan 94-025, Amendment #1 Agiotage Limited June 5, 2001 Page 3 A. OFF -SITE STREETS 1. 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 2. Jefferson Street (adjacent to this development) - a. Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. b. Construct 76-foot improvement (travel width, excluding curbs) plus 6400t sidewalk on east side of street and 10-foot multi -use trail on west side of street (design to be approved by City). B. PRIVATE STREETS AND CUL DE SAC 1. Residential - Street widths shall comply with the requirements of the Circulation Element (Table CIR-2) of the General Plan. 2. Collector (>_300 homes or 3,000 vehicles per day) - 40-feet wide. 2. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map applications. Resolution No. 2001-60 Conditions of Approval - Final Specific Plan 94.025, Amendment #1 Agiotage Limited June 5, 2001 Page 4 3. "The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas, Open Space lettered lots, and perimeter walls and landscaping." 11. Modify Page 17 (First paragraph, Last sentence) as follows: "Ten custom lots are proposed in the northwestern corner of the site, and will gain emergency access through The Quarry and primary access from Jefferson Street via a 28- foot wide private road (curb to curb) pursuant to the design standards of Tentative Parcel Map 28617 and Conditional Use Permit 99-047. 12. The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required by this development include: A. Jefferson Street - Full width right of way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. B. PRIVATE STREETS Residential: 29-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. 13. The applicant shall create a 10-foot wide Multi -Purpose Easement within the required 20-foot landscape easement on the west side of Jefferson Street.