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CC Resolution 2002-079 RESOLUTION NO. 2002-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION OF APRIL 23, 2002, APPROVING A ONE TO THREE STORY, 120 UNIT, HOTEL (MARRIOTT) ON A 3.89 ACRES SITE. CASE NO.: CONDITIONAL USE PERMIT 2002-068 APPLICANT: SECO/SDC, LLC APPELLANT: LAKE LA QUINTA HOMEOWNERS ASSOCIATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of June, 2002 hold a duly noticed Public Hearing, at the request of Lake La Quinta Homeowner's Association, the appellant, to review the decision of the Planning Commission to approve a one to three story, 120 room, hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003; and WHEREAS, an appeal of the Planning Commission's decision of April 23, 2002, for EA 2002-445, CUP 2002-068 and SDP 2002-733, was filed by Lake La Quinta Homeowner's Association on May 3, 2002, in compliance with Section 9.200.120 of the Zoning Code requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing, at the request of SECO/SDC/LLC, the applicant, to consider a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, and on a 4-0 vote (one Commissioner absent) adopted Resolution 2002-038 approving said request, subject to conditions; 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 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. Resolution No. 2002-79 Conditional Use Permit 2002-068 (APPEAL) Conditions of Approval-Final June 4, 2002 Page 2 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, building heights, setbacks, parking, landscape design, and exterior lighting. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-445 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of Environmental Impact. 4. Surrounding Uses: Approval of the Conditional Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in that the proposed project will be compatible with existing and proposed development with regard to commercial uses. 5. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the~articulation, stucco exterior finish, desert tone colors, tile roofs, flat roofs, and trellises; the proposed building is adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 6. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the project meets the development standards imposed by the City's Zoning Code. 7. Landscape Design: As conditioned, the landscaping of the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the building, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety _of the plant palette, placement of shade trees and decorative plants, provide an aesthetically pleasing and well functioning use of landscaping space. Resolution No. 2002-79 Conditional Use Permit 2002-068 (APPEAL) Conditions of Approval-Final June 4, 2002 Page 3 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 for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2002-065 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 this 4th day of June, 2002, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pe~a NOES: None ABSENT: Council Member Perkins ABSTAIN: None JOI~N JPE~layor City of ~ Quinta, California ATTEST: JUNE~-'~RE~K~ CM~;, City Clerk City of La Quinta, California (City Seal) Resolution No. 2002-79 Conditional Use Permit 2002-068 (APPEAL) Conditions of Approval-Final June 4, 2002 Page 4 APPROVED AS TO FORM: M KAT JE~NNSON, Ci Attorney Ciiy of ~~~~uinta, cali~~ CITY COUNCIL RESOLUTION 02-79 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2002-068 JUNE 4, 2002 GENERAL 1. The conditions of approval for this Conditional Use Permit (CUP 2002-068) are binding with the conditions of approval of Site Development Permit (SDP 2002-733) for the same project. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. Approval of this Conditional Use Permit is subject 'to compliance with Section 9.210.020 of the Zoning Code, as applicable. 4. The approved Conditional Use Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). -- 5. 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Conditional Use Permit 2002-068 and Site Development Permit 2002-733. S:\City Clerk\Resolutions\CCCUPCOA-Appeal.wpd Page 1 of I