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CC Resolution 2024-011 LLQC 2024-0003 Madison St 51555RESOLUTION NO. 2024 — 011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PROPERTY LOCATED AT 51555 MADISON STREET, LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR PARCEL NUMBER 777-030-006, AS A "QUALIFIED AND CERTIFIED LARGE LOT" PURSUANT TO SECTION 3.25.057 OF THE LA QUINTA MUNICIPAL CODE CASE NUMBER: LARGE LOT QUALIFIED AND CERTIFIED 2024-0003 APPLICANT: ROBERT CONRAD OWNER: ALAM KHAN / DALIA K PROPERTIES & HOLDINGS, LLC WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates short-term vacation rentals (STVRs) in the City, including but not limited to STVR permitted uses, STVR processing and permitting procedures, and other related STVR requirements, violations, and fines; and WHEREAS, effective May 20, 2021, Section 3.25.055 of the LQMC established a ban on the issuance of new STVR permits for properties located within non-exempt areas in La Quinta; and WHEREAS, effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties may apply for and be approved as a "Qualified and Certified Large Lot," as defined, and shall be exempted from the ban on the issuance of new STVR permits in non-exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are met; and WHEREAS, the City Council of the City of La Quinta, California, did, on March 19, 2024, hold a duly noticed Public Hearing to consider a request for approval of the property located in mid La Quinta at 51555 Madison Street, La Quinta, California (the "Property"), as a "Qualified and Certified Large Lot," as defined, in accordance with LQMC Section 3.25.057; and WHEREAS, the City published a public hearing notice in The Desert Sun newspaper on March 8, 2024, as prescribed by the LQMC and State Planning and Zoning Law (Gov. Code Section 65000 et seq.); public hearing notices were also mailed to all property owners within 500 feet of the Property; and Resolution No. 2024 — 011 Qualified and Certified Large Lot — 51555 Madison Street Adopted: March 19, 2024 Page 2 of 4 WHEREAS, upon hearing and considering all testimony and arguments, the City Council approves the Property as a Qualified and Certified Large Lot for the following reasons: 1) The Property has a "Lot Area," as defined, comprised of a single parcel of 9.25 acres, or 402,930 square feet, which is greater than the Lot Area requirement of no less than 25,000 square feet pursuant to Section 3.25.057(A)(1) of the LQMC; and 2) The Property has an existing main dwelling and two (2) accessory dwelling units, with a combined total of 5,553 square feet, between all three units, of living area available for use; and 3) The total number of approved bedrooms shall be established at the issuance of an STVR permit, and shall be verified at least annually during the STVR permit renewal. Riverside County Assessor records show there are two (2) bedrooms in the main dwelling for this Property; and five (5) additional bedrooms between the two (2) accessory dwelling units on the parcel, which are presently under review to verify compliance with current building code regulation and permitting, and if confirmed, would increase the total number of bedrooms to seven (7) amongst all existing dwellings on the parcel; and 4) The Property shall be subject to the allowed daytime and overnight occupancy limits established pursuant to Section 3.25.070(8) of the LQMC based on the approved number of bedrooms; and 5) The Property is located in mid La Quinta, and is not within a residential project governed by a homeowners' association (HOA), and there are no applicable HOA conditions, covenants, and restrictions (CC&Rs) or any other applicable governing documents that may restrict the use of the Property as an STVR unit; and 6) The use of the Property as an STVR unit is not prohibited or otherwise inconsistent with any recorded instruments governing the use of the Property; and 7) On-site inspection of the Property was conducted on March 6, 2024, by the City's Municipal Code Compliance Office to verify: a. The locations of outdoor gathering/living spaces and entertainment areas, including but not limited to any pool(s), spa(s), BBQ areas, courtyard(s), and recreational activities (such as games — putting green, corn hole, ping-pong table, croquet, basketball hoop, etc.) are as shown in enclosed "Exhibit A — Site and Parking Plan," incorporated herewith by this Resolution No. 2024 — 011 Qualified and Certified Large Lot — 51555 Madison Street Adopted: March 19, 2024 Page 3 of 4 reference; and the physical distance and their proximity to neighboring properties is unlikely to cause a disturbance; and b. There is adequate on-site parking for use of the Property as an STVR unit, in accordance with Section 3.25.050(F) of the LQMC, as shown in enclosed "Exhibit A — Site and Parking Plan," incorporated herein by this reference. The Property does not have a garage and street parking is not available, however, it is located behind a private gate, and can accommodate three (3) cars in the driveway from the gate to the main dwelling, and has a large parking area at the bottom of the property; and 8) The single parcel is not, nor will the single parcel ever be for the duration of the Property's approval as a Qualified and Certified Large Lot, subject to a subdivision, lot -line adjustment, lot merger, or any other alteration of the single parcel under the Subdivision Map Act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of the LQMC, which would result in the single parcel no longer being in compliance with the original approval by the City under Section 3.25.057 of the LQMC pursuant to this Resolution; and 9) The City Council does hereby authorize the City Manager, or designee(s), to execute a land use covenant (the "Notice, Agreement, and Covenant Affecting Real Property"), in a form approved by the City Attorney and executed by the owner of the Property, memorializing the terms and conditions applicable to the Property, for the duration of the Property's approval as a Qualified and Certified Large Lot for use as an STVR unit, with said land use covenant to include this Resolution, along with all Exhibits, and Conditions of Approval, if any, imposed by the City Council at the public hearing. The executed land use covenant shall be recorded against the Property in the Riverside County Recorder's Office no later than sixty (60) days after the adoption of this Resolution, or such later date as may be mutually agreed upon by the owner of the Property and the City Manager. 10) There are a total of 6 active STVR permits within a 500 -foot radius from the Property as of this writing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The foregoing recitals are true and correct, and constitute the findings of the City Council in this case, and are incorporated herein by this reference. SECTION 2. The City Council does hereby approve the Property as a Qualified and Certified Large Lot pursuant to Section 3.25.057 of the LQMC. Resolution No. 2024 — 011 Qualified and Certified Large Lot — 51555 Madison Street Adopted: March 19, 2024 Page 4 of 4 SECTION 3. This Resolution shall go into effect upon adoption and the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of March, 2024, by the following vote: AYES: Councilmembers McGarrey, Pena, Sanchez, and Mayor Evans NOES: Councilmember Fitzpatrick ABSENT: None ABSTAIN: None ATTEST: -J�6k MONIKA RAD VA, &ty Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California it y w ••.•1- �, � �ZT�.1•��T'��"��_�,.'��%.Vr�s. S.7A.R�"�+r /, �• / W , lk i 3 life ;?NSE+� 1 14 Ail 1� A NS .•,, r