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CC Resolution 2004-151RESOLUTION NO. 2004-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta did on the 7" day of December, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, on 21 t acres on the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 and 770-040-012 -- WHEREAS, the Planning Commission of the City of La Quinta did on the 9t' day of November, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, and recommended approval by adoption of Resolution 2004-087; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact has been certified; and . WHEREAS, the Community Development Department did publish a public hearing notice in the Desert Sun newspaper on November 27, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 Conditional Use Permit: Resolution No. 2004-151 Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 7, 2004 Page 2 1. The property is designated Medium Density and Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to Image Corridor General Plan policies. 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. The La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment; the project will not have a significant adverse effect on the environment with mitigation measures. 4. The site design of the project is appropriate for the use in that it has been designed to minimize the impacts to the adjacent residential uses and from the major Arterials to the west and south. 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 Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 2004, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None Resolution No. 2004-151 .�... Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: November 7, 2004 Page 3 6N� DON ADOL , Maf,6r City of La Quinta, California ATTEST: J . GREEK, CMC, Ci y Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ........... M. TH RINE JENSO City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2004-151 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: rdaillid.0AN 1. The use of the subject property for a congregate care facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074, Specific Plan 2004-071, Site Development .Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer 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. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense.