CC Resolution 2010-005RESOLUTION NO. 2010 - 005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A THIRD TIME
EXTENSION TO A CONDITIONAL USE PERMIT FOR A
SENIOR RETIREMENT COMMUNITY LOCATED AT THE
NORTHEAST CORNER OF WASHINGTON STREET AND
AVENUE50
CASE NO.: CONDITIONAL USE PERMIT 2003-074,
EXTENSION #3 WEST LIVING LLC
WHEREAS, the City Council of the City of La Quinta did on the 19" day of
January, 2010, hold a duly noticed public hearing to consider the request of West
Living LLC for approval of a one-year extension of time for a Conditional Use Permit
to allow a senior retirement community complex, on 14± acres on the northeast
corner of Washington Street and Avenue 50, more particularly described as:
APN 646-070-013
WHEREAS, the City Council of the City of La Quinta did on the 7t' day of
December, 2004, hold a duly noticed public hearing and approve by adoption of
Resolution 2004-151, 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
WHEREAS, the City Council of the City of La Quinta, California did, on the
18`" day of September, 2007, hold a duly noticed Public Hearing and approve by
adoption of Resolution 2007-088, a first one-year time extension as requested by
Westport La Quinta, L.P. for the Conditional Use Permit for the project; and
WHEREAS, the City Council of the City of La Quinta, California did, on the
71" day of October, 2008, hold a duly noticed Public Hearing and approve by
adoption of Resolution 2008-062, a second one-year time extension as requested
by Westport La Quinta L.P. for the Conditional Use Permit for the project; and
WHEREAS, the La Quinta Planning Department has determined that the
request has been assessed in conjunction with Environmental Assessment 2003-
470 prepared for this project for which a Mitigated Negative Declaration was
certified on December 7, 2004. No changed circumstances or conditions are
proposed nor has any new information been submitted which would trigger the
preparation of a subsequent environmental review in accordance with Section
15162 of the Guidelines for Implementation the California Environmental Quality
Act; and
Resolution No. 2010-005
Conditional Use Permit 2004-074, Extension #3
West Living LLC
Adopted: January 19, 2010
Page 2
WHEREAS, the Planning Department did publish a public hearing notice for
this request in The Desert Sun newspaper on January 8, 2010, 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 that the circumstances of the project as noted in the following
facts and reasons justify approving said Conditional Use Permit time extension:
1. The property is designated Medium -High Density Residential which
conditionally permits the senior retirement community. Additionally, the
project as approved 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 City Council has certified Environmental Assessment 2003-
470 and based upon this Assessment the project will not have a significant
adverse effect on the environment provided the mitigation measures are
complied with.
4. The site design of the project as approved 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.
5. The applicant indicates they are continuing to progress toward development
of the project.
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 time
extension to September 18, 2010, for the reasons set forth in this
Resolution, subject to the attached Conditions of Approval.
Resolution No. 2010-005
Conditional Use Permit 2004-074, Extension #3
West Living LLC
Adopted: January 19, 2010
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 g`h day of January, 2010, by the following vote to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(L 4- -
DON AD PH, h6yor
City of La Quinta, California
ATTEST:
VERONICA J�IVONTECINO, CMC, City Clerk
City of La Quinta,-California
(SEAL)
APPROVED AS TO FORM:
AK T CRINE JEN N, City Attorney
City of La Quinta, California
Resolution No. 2010-005
Conditional Use Permit 2004-074, Extension #3
West Living LLC
Adopted: January 19, 2010
Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 2003-074, EXTENSION NO. 3
WEST LIVING LLC
GENERAL
1. The use of the subject property for a congregate care facility (senior
retirement community complex) shall be in conformance with the approved
exhibits and conditions of approval contained in Conditional Use Permit
2003-074 Extension #3, Specific Plan 2004-071, Site Development Permit
2003-762 Extension #3 and Environmental Assessment 2003-470, unless
otherwise amended by the following conditions.
2. The Conditional Use Permit shall expire on September 18, 2010 and shall
become null and void in accordance with La Quinta Municipal Code Section
9.220.020, unless a building permit has been issued. A time extension may
be requested per LQMC Section 9.200.080.
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 Conditional Use Permit. 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.
End of conditions