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CC Resolution 2007-086RESOLUTION NO. 2007-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 2007-104, ALLOWING SPECIAL PRODUCT TYPES FOR THE MADISON CLUB VILLAS WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT CASE NO.: CONDITIONAL USE PERMIT 2007-104 APPLICANT: EAST OF MADISON, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18th day of August, 2007 hold a duly noticed Public Hearing to consider a request by East of Madison, LLC, for a Conditional Use Permit to allow special product types (including zero lot line residences) for a proposed single-family residential project within the Madison Club residential development, located south of Avenue 52 and west of Monroe Street, more particularly described as: APN: 767-200-091; 767-210-082 WHEREAS, the La Quinta Planning Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h day of August, 2007, hold a duly -noticed Public Hearing to consider a recommendation on said Conditional Use Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-036, recommending to the City Council approval of Conditional Use Permit 2007-104; and WHEREAS, at said 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 Conditional Use Permit: 1. The proposed use is consistent with the land use designation of Low Density Residential. The City's General Plan Policies relating to Low Density Residential encourages the development of single-family attached and detached developments. Resolution No. 2007-086 Conditional Use Permit 2007-104 East of Madison, LLC September 18, 2007 Page 2 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code. Use of the space as detached residential units will have similar characteristics and impacts as the surrounding single-family residential development, and similar uses which are permitted by right under the Low Density Residential zoning district. 3. Processing of this Conditional Use Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of this proposed use will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. Use of the area as a single-family residential development will have similar characteristics and impacts as neighboring land uses. 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 constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 2007-104 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 the 18' day of September, 2007, by the following vote, to wit: Resolution No. 2007-086 Conditional Use Permit 2007-104 East of Madison, LLC September 18, 2007 Page 3 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ON ADO H, M4jor City of La Quinta, California ATTEST: VERONICA J,,MONTECINO, CMC, City Clerk City of La Q6inta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2007-086 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2007-104 EAST OF MADISON, LLC ADOPTED: SEPTEMBER 18, 2007 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, 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 of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC). 3. This Conditional Use Permit shall expire two years after City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. The City of La Quinta reserves the right to review and monitor the operation of this residential development and modify Conditions of Approval if necessary. 5. Any expansion of this use or substantial modifications to the approved site plan may require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit may be approved by the Planning Director. 6. Conditional Use Permit 2007-104 shall comply with all applicable conditions of approval for the following related approvals: Tentative Tract Map 34968 Site Development Permit 2007-888 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence.