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CC Resolution 2003-092 Legacy Villas SDP 2003-778 RESOLUTION NO. 2003-092 A RESOLUTION OF THE CITY COUNCIL OF *THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ONE- AND TWO- STORY RESORT · RESIDENTIAL HOUSING UNITS RANGING FROM 1,300 SQ. FT. TO 2,090 SQ. FT., CLUBHOUSE AND OTHER BUILDINGS ON A 44.61-ACRE SITE LOCATED NORTHWEST OF THE INTERSECTION OF EISENHOWER DRIVE AND COACHELLA DRIVE CASE: SITE DEVELOPMENT PERMIT 2003-778 APPLICANT: CENTEX DESTINATION PROPERTIES WHEREAS, the City Council of the City of La Ouinta, California did, on the 16t' day of September, 2003, hold duly noticed Public Hearing to consider a request by Centex Destination Properties to develop one- and two-story townhouses and resort units ranging in size from 1,300 square feet to 2,090 square feet, clubhouse and other related buildings on 44 + acres in conjunction with Specific Plan 2003-065 and Tentative Tract Map 31379 for property located to the northwest of the intersection of Coachella Drive and Eisenhower Drive in Tourist Commercial and Open Space Zoning Districts, more particularly described as: Assessor's Parcel Numbers 658-130-003 to -005 parcel I of Lot Line Adjustment 2001-361 Portion of Section 36, T5S, R6E, SBBM WHEREAS, the City's Architecture and Landscape Review Committee reviewed this project on August 6, 2003, and on a 3-0 vote adopted Minute Motion 2003-031, and recommended approval of the development plans, subject to specific landscaping requirements being met during plan check; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12t' day of August, 2003, continue the public hearing to the 9th day of September, 2003, without discussion on 4-0 vote; and WHEREAS, on July 17, 2003, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All Written comments are on file with the Community Development Department; and Resolution No. 2003-092 Site Development Permit 2003-778, Centex Adopted: September 16, 2003 Page 2 WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-478. Based upon this Assessment, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on July 17, 2003, as required by Section 15072 of the California Environmental Quality Act statutes; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun Newspaper on August 25, 2003, for the September 16, 2003 meeting, as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code. Public hearing notices were also mailed to all property owners and residents within 500 feet of the site; and WHEREAS, the City's Historic Preservation Commission reviewed the applicant's Phase II Archaeology Assessment on August 29, 2003, determining site monitoring was necessary during grading activities and a conservation easement was needed for historic milling stations pursuant to adoption of Minute Motion 2003-011; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of September, 2003, adopt Resolution 2003-065, on a 3-0 vote, recommending approval of SDP 2003-778 to the City Council; and WHEREAS, .at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the fOllowing Mandatory Findings to justify approval of said Site Development Permit: Findings A and _R _ Consistency with General Plan, Zoning Code and any applicable Specific Plans. The developer's project proposes 280 resort residential units on the flat areas of the site with perimeter retention basins along toe-of-slope areas. This project is consistent with the goals, policies and intent of the La Quinta General Plan (Tourist Commercial and Open Space) insofar as the creation of condominium units (six dwelling units per acre) will provide another type of housing market for La Quinta residents. Conditions are recommended requiring on- and off-site improvements based on the City's General Plan Circulation Element provisions per the requirements 'of Tentative Tract Map 31379. Resolutio~ No. 2003-092 Site Develo~ Permit 2003-778, Centex Adopted: September 16, 2003 Page :3 The property is designated Tourist Commercial and Open Space and is consistent with the City's General Plan Land Use Element. One- and two-stoW houses, using an attached product, are proposed ranging in size from 1,300 square feet to 2,090 square feet under Site Development Permit 2003-778. The houses are plotted on private streets with common open space areas. The development of the project, as conditioned, will be compatible with the surrounding area. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval for Tentative Tract Map 31379. The private on-site street will provide access to the resort houses in compliance with City requirements, as prepared. Findinp C - Compliance with the California Environmental Quality Act It has been determined that the proposed project could not have a significant adverse impact on the environment provided that recommended mitigation measures of Environmental Assessment 2003-478 are met. ~- Architectural and Site Plan Design Spanish Colonial architectural design elements are being used (e.g., exterior plaster, wood, clay tile, brick, masonry, wrought iron, carved stone, ceramic tile and other decorative materials) consistent with the graphic details of Specific Plan 2003-065. Parking for the project will consist of garages, carports and open spaces spread throughout the 280-unit development, based on the recommended conditions. The Fire Department has evaluated the street design layout and recommended approval subject to certain standards being met, including fire hydrant spacing, access gating design parameters, emergency access connections, etc. Findin_~ E - Landscape Design The landscape development (section 2.9.3 of Specific Plan 2003-065) concept proposes to reinforce the Early California thematic image with the use of indigenous and drought resistant plant materials in combination with lush landscaping improvements. A palette of plant materials is provided in Table 11 of Section 2.9.4. Illustrations are proposed which show focal point greenbelts and the use of ~ .... trees for visual relief. A perimeter trail is proposed within the retention basin areas abutting hillside areas. The development of the project, as conditioned, will be ' compatible with the surrounding area. ResolutiOn No. 2003-092 Site Development Permit 2003-778, Centex Adopted: September 16, 2003 Page 4 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 said City Council in this case; and 2. That it does hereby certify Environmental Assessment 2003-478 in that no significant effects on the environment were identified, provided mitigation measures are met; and 3. That it does hereby approve Site Development Permit 2003-778 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16th day of September, 2003, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOlJI~H, M~yor City of La Quinta, California ATTEST: JUNE'~,"GREEK, CMC, ~CT~y Cler~ City of La Quinta, California (City Seal) ~ Resolution No. ,2003-092 Site Development Pemlit 2003-778, Centex Adopted: September 16, 2003 Page 6 APPROVED AS TO FORM: M. KA'~HERINE JENSON, City Attorn y City of La Quinta, California CITY COUNCIL RESOLUTION 2003-092 CONDITIONS OF APPROVAL- FINAL SITE DEVELOPMENT PERMIT 2003-778, CENTEX SEPTEMBER 16, 2003 GENERAL 1. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the uCity"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or 'annul the approval of this application and any other challenge pertaining to this project. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor amendments to the development plans shall be subject to approval by the Community Development Director. 3. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department, ~-- pursuant to Chapter 8.13 of the Municipal Code. Specific landscape requirements for the project are: A. To encourage water conservation, no more than 50% of the front yard areas shall be devoted to turf. Front and rear yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is a minimum six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. Bubblers and emitters shall be used to irrigate shrubs and trees. Homebuyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. B. Parkway shade trees shall be delivered to the site in 24-inches or larger boxes with minimum two-inch calipers for Lots A, J, H and I of TTM 31379. Trees shall be a minimum height of ten feet once installed. C. All plant materials within the perimeter retention basins shall be approved by the Department of Fish and Game to insure the safety and welfare of the Peninsular bighorn sheep. · D. The developer, and subsequent property owner(s), shall continuously ,-- maintain all required front yard and parkway landscaping in a healthy and viable condition as required by Section 9.60.240(E3) of the Zoning Code. Resolution No. 2003-092 Conditions of Approval - Final Site Development Permit 2003-778, Centex Adopted: September 16, 2003 Page 2 E. Due to maintenance and leaf litter problems, the following trees shall not be used for this project: Bottle (Brachychiton populneus), Evergreen Ash (Fraxinus Uhdei 'Majestic Beauty'), Elm (Ulmus parvifOlia), Olive (Olea europaea) and Crape Myrtle (Lagerstroemia indica). Fruitless olive trees can be used within the development. 4. Walls within 150 feet of Eisenhower Drive shall be clad in stucco and capped in brick or concrete. Pilasters shall be included at intervals of not less than 80' on center. 5. A centralized mailbox delivery system shall be used for the project pursuant to any requirements of the U.S. Postal Service, unless individual mailboxes are allowed. PUBLIC SAFETY 6. Install wide-angled peepholes into front doors. 7. Graffiti resistant paint should be applied to parkway walls. 8. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines, and under vulnerable windows. Additional public safety information may be obtained by contacting Senior Deputy Andy Gerrard at (760) 863-8950. .FIRE DEPARTMENT 9. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning & Engineering staff at (760) 863-8886. MISCELLANEOUS 10. The developer shall comply with all applicable conditions of Specific Plan 2003-065, Tentative Tract Map 31379 and mitigation measures of EA 2003- 478. S:\City Clerk\Cond cc SDP778CentexFinal 9-16-03.doc