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CC Resolution 2012-061RESOLUTION NO. 2012 - 061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2001-055 AMENDMENT 3, FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: SPECIFIC PLAN 2001-055 AMENDMENT 3 APPLICANT: LENITY GROUP, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 161h day of October, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC for consideration of an amendment to the existing Centre Pointe Specific Plan in order to accommodate plans for a 9.5-acre retirement community located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25`h day of September, 2012, hold a duly noticed Public Hearing to consider a recommendation on said Specific Plan Amendment, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-023, recommending to the City Council approval of Specific Plan 2001-055 Amendment 3; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in City Council Resolution 2012-061 Specific Plan 2001-055 Amendment 3 Lenity Group, LLC / La Quinta Retirement Community October 16, 2012 Page 2 the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal. Code to justify approval of said Specific Plan Amendment: 1. Consistency with the General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the buildings within the community are compatible with the goals and policies of the General Plan Medium High Density Residential (MHDR) Land Use designation. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 2011-617, was prepared, and certification of ,the. Environmental Assessment is in compliance with CEQA requirements. I . 3. Land Use Compatibility The proposed Specific Plan amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the Specific Plan amendment for residential and related recreational facilities are compatible with the existing single-family homes located near the specific plan area and on surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment, including age - restricted residences and common areas, are suitable and appropriate for the subject property in that the community is surrounded by similar existing uses such as single-family residential homes and a medical center. The current specific plan area is served without adverse impact City Council Resolution 2012-061 Specific Plan 2001-055 Amendment 3 Lenity Group, LLC / La Quinta Retirement Community October 16, 2012 Page 3 by all necessary public services and utilities. 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; and 2. That it does hereby approve Specific Plan 2001-055 Amendment 3 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of October, 2012, by the following vote to wit: AYES: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None v I�TW DON ADO H, Maor City of La Quinta, California ATTEST: Susan Maysels, City 61brk City of La Quinta, California (City Seal) City Council Resolution 2012-061 Specific Plan 2001-055 Amendment 3 Lenity Group, LLC / La Quints Retirement Community October 16, 2012 Page 4 APPROVED AS TO FORM: M. Kat Brine Jenson ty Atto ey City of La Quinta, Ca Ifornia CITY COUNCIL RESOLUTION 2012-061 CONDITIONS OF APPROVAL SPECIFIC PLAN 2001-055 AMENDMENT 3 Lenity Group, LLC / LA QUINTA RETIREMENT COMMUNITY OCTOBER 16, 2012 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, or any Final Map 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. Specific Plan 2001-055 Amendment 3 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2001-055 Amendment 3, these conditions shall take precedence. 3. Specific Plan 2001-055 Amendment 3 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 201 1-617 Site Development Permit 2011-921 Tentative Parcel Map 36405 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director.