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CC Resolution 2002-053 Puerta Azul Modification to SP 2001-053 & TTM 30096RESOLUTION NO. 2002-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MODIFICATION TO SPECIFIC PLAN 2001-053, AND TENTATIVE TRACT MAP 30096 CASE NO.: MODIFICATION TO SPECIFIC PLAN 2001-053 AND TENTATIVE TRACT MAP 30096 APPLICANT: PUERTA AZUL L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 2"d day of April , 2002 hold a duly -noticed Public Hearing to consider a request to modify Condition No. 65 of Specific Plan 2001-053 and Condition No. 67 for Tentative Tract 30096 herein referred to as the "Project" for Puerta Azul Partners L.L.C. ; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 151h day of May, 2001 hold a duly -noticed Public Hearing to consider and approved a recommendation from the Planning Commission on Environmental Assessment 2001- 414 for General Plan Amendment 2001-076, Zone Change 2001-099, Specific Plan 2001-053 and Tentative Tract 30096 for Puerta Azul Partners L.L.C.; and, WHEREAS, said Project 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 City Council certified a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-414 under Resolution 2001-052. There are no changed circumstances, condition, or new information which would require the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Community Development Director has determined that said Project may result in a significant change in the project and referred the proposed modification to the Conditions of Approval to the City Council per Zoning Code Section 9.200.090; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of the proposed modifications to the Project: Resolution No. 2002-53 Puerto Azul / SP 2001-053 / TTM 30096 Modification by Applicant of Conditions of Approval Adopted April 2, 2002 Page 2 1 . The proposed modifications are consistent with the City's General Plan, Zoning Code in that the Project is a Specific Plan allowing a resort villa use. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided that the conditions are met. 2. The proposed modification is consistent with the land use designation in that the modification is suitable and appropriate for the property involved because it is a residential design, scale, and density that will accommodate a residential transient user and is a continuation of the adjacent residential development. 3. The proposed modification to the Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that appropriate mitigation measures have been imposed which will minimize project impacts. 4. The proposed modification to Condition No. 65 of Specific Plan 2001-053 and Condition No. 67 for Tentative Tract 30096 is in compliance with CEQA. NOW THEREFORE, BE IT RESOLVED by the City Council the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Project. 2. That it does hereby approve modification of Condition No. 65 of Specific Plan 2001-053 and Condition No. 67 for Tentative Tract 30096 for the reasons set forth in this Resolution, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of April, 2002, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None Resolution No. 2002-53 Puerta Azul / SP 2001-053 / TTM 30096 Modification by Applicant of Conditions of Approval Adopted April 2, 2002 Page 3 JOHN City o ATTEST: — JU GREEK, CIVIC, Clerk City of La Quinta, California (City Seal) APPRO ED AS TO FORM: KAT RINE JENS , City Attorney City of La Quinta, C Ifornia _ RESOLUTION NO. 2002-53 MODIFICATION OF CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2001-053, CONDITION NO. 65 AND TENTATIVE TRACT 30096, CONDITION NO. 67 ADOPTED APRIL 2, 2002 MISCELLANEOUS 1. Puerta Azul has been designed to be a subdivision of second homes to be used for weekends, vacations and extended stays. Because a hotel project, consistent with the property's prior zoning, would likely have generated a greater amount of Transient Occupancy Tax than will Puerta Azul, the developer shall pay a one time mitigation fee in the amount of $2,500 per unit for each of the 127 units to be built in Puerta Azul ("One Time Mitigation Fee"). The One Time Mitigation Fee shall be paid for each unit at the time of the initial sale and closing for the sale of said unit to a consumer for individual ownership. The One Time Mitigation Fee will be paid by the seller thereof out of escrow for the initial sale of each unit. The project CC&R's shall further require that the Homeowners' Association shall collect and forward to the City the sum of $150 per unit per year ("Annual Mitigation Fee"). The Annual Mitigation Fee shall be paid in arrears in January of each year for the previous calender year. The Annual Mitigation Fee shall first become due for any particular unit for the year in which that unit is first sold to a consumer for individual ownership. The Annual Mitigation Fee for each unit shall be prorated for the first year and charged only for that portion of the first year after which the unit was first sold to a consumer for individual ownership. Thereafter, the Annual Mitigation Fee shall be due in full for said unit as provided herein. The Homeowners' Association shall be responsible for collecting the Annual Mitigation Fee from each unit owner and for forwarding said fees, along with a report as to the units for which payment is being made, to the City. The Annual Mitigation Fee shall be included in the CC&R's as part of the regular assessments charged owners at the project, shall be enforceable in the same manner as the regular assessments, and shall be adjusted annually by the Consumer Price Index (C.P.I.). The CC&R's shall further provide that when an owner is not in residence at his unit, any rental of his unit shall be subject to the collection and payment of Transient Occupancy Tax to the City of La Quinta in accordance with its then applicable ordinance imposing said tax. The CC&R's shall require that unit rentals be handled by a properly licensed professional rental agent and registered "operator" under the City's TOT Ordinance. The CC&R's shall further provide that any rental which exceeds a duration of thirty (30) consecutive days ("Extended Rental") shall be subject to a Public Facilities Fee in lieu of TOT, which Public Facilities Fee shall be in an amount equal to 5% of the total rent Resolution No. 2002-53 Modification of Conditions of Approval - Final Specific Plan 2001-053, Condition No. 65 and Tentative Tract 30096, Condition No. 67 Adopted: April 2, 2002 Page 2 paid for said Extended Rental. The rental agent responsible for each rental shall be required to collect the applicable Transient Occupancy Tax or Public Facilities Fee as described above, on all rentals and forward same to the City in the manner set forth in the City's then applicable TOT Ordinance. To monitor such collections, all rentals must be reported to the Homeowners' Association no later than the date of arrival of the applicable renter. Information required shall include, at a minimum, the name of the renter, the unit rented, the dates of the rental and the name of the applicable rental agent. Said information shall be reported to the City by the Homeowners Association on a monthly basis to aid the City in assuring the proper collection of applicable Transient Occupancy Tax. The Homeowners' Association shall adopt appropriate rules and regulations in order to effectively implement the requirements of this Condition. The CC&R's shall provide that the provisions intended to address this Condition 65 and Condition 67 may not be modified without the prior written consent of the City, and shall further provide that the City shall be entitled to enforce said provisions to the same extent that said provisions are enforceable by the Homeowners' Association. Prior to the issuance of the first building permit, applicant shall submit a copy of the final CC&R's to the City for approval for the purpose of assuring compliance with this Condition. The CC&R's must memorialize the terms and conditions of this project. The CC&R's must be approved by the City Attorney prior their recordation; and must be recorded prior to, or concurrent with, the recordation of the final map.