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CC Resolution 2003-115RESOLUTION NO. 2003-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR A MARKET -RATE SINGLE- FAMILY RESIDENTIAL SUBDIVISION CASE NO.: SITE DEVELOPMENT PERMIT 2003-767 SANTA ROSA DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta did on the 28th day of October, 2003, hold a duly noticed Public Hearing to consider the request of Santa Rosa Development, Inc., for approval of development plans for a Market -Rate Single -Family Project by means of Site Development Permit 2003-767, generally located at the northeast corner of Avenue 48 and Adams Street, more particularly described as: APN: 649-030-036 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta did on the 1 st day of October, 2003, hold a duly noticed public meeting to consider a request for development plans for a Market Rate single-family residential subdivision by means of a Site Development Permit 2003-767; and WHEREAS, the City Council pf the City of La Quinta did on the 18th day of November, 2003, hold a duly noticed Public Hearing to consider the request of Santa Rosa Development, Inc., for approval of development plans for a Market -Rate Single -Family Project by means of Site Development Permit 2003-767, generally located at the northeast corner of Avenue 48 and Adams Street. WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that a Mitigated Negative Declaration (Environmental Assessment 2003-466) was certified by the City Council for this project under Resolution 2003-005. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166; 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 find the following facts and reasons to justify approving said Site Development Permit: Resolution No. 2003-115 Site Development Permit 2003-767 Santa Rosa Development - Market -Rate Adopted: November 18, 2003 Page 2 1.. The Project is consistent with the General Plan in that the property proposed for the residential project is designated as High Density Residential. 2. The Project has been designed to be consistent with the provisions of the applicable Specific Plan.. 3. Processing and approval of the Project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that no changed circumstances, conditions, or new information has been submitted which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166. 4. The site design of the Project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. 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. 2. That it does hereby approve the above -described Site Development Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of November, 2003, by the following vote to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None Resolution 2003-115 r-- Site Development Perndt 2003-767 Santa Rose Development Adopted: November 18, 2003 Page 3 DON ADOLPH, MaydY City of La Quinta, California ATTEST: J GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. TH INE `JENSON, ity Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2003-115 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2003-767 SANTA ROSA DEVELOPMENT — MARKET RATE ADOPTED: NOVEMBER 18, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit recorded thereunder. 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. The applicant shall remove the pine trees from the landscape plans 3. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. 4. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. 5. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 6. That all structures shall be limited to a maximum height of 22 feet within 150 feet of Avenue 48. 7. Side yard setback shall be a minimum of eight feet.