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CC Resolution 2001-061RESOLUTION NO. 2001-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 3,000 LINEAL FOOT PRIVATE ROAD OF WHICH 1,600 LINEAL FEET WILL BE WITHIN THE HILLSIDE THAT EXCEEDS 20 PERCENT CASE NO.: CONDITIONAL USE PERMIT 99-047 APPLICANT: AGIOTAGE LTD. WHEREAS, the City Council of the City of La Quinta, California, did on the 1 n day of May, 2001, and 5'" day of June, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas with a slope over 20 percent, located approximately '/2 mile south of Avenue 58 on the east and west sides of future Jefferson Street, more particularly described as: APN: 761-030-001 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24"' day of October, 2000, 10th day of April, 2001, and 8' day of May, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas with a slope over 20 percent, located approximately '/2 mile south of Avenue 58 on the east and west sides of future Jefferson Street, and on a 5-0 vote, recommended denial by adoption of Resolution 2001-059. WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 94-287 pursuant to CEQA Guidelines 15164. No changed circumstances or conditions and no new information provided which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code Section 21166; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Conditional Use Permit pursuant to Section 9.210.020: Resolution No. 2001.61 Conditional Use Permit 99-047, Agiotage LTD. June 5, 2001 Page 2 A. Consistency with the General Plan/Zoning Ordinance Residential development planned by Specific Plan 94-025 is consistent with the General Plan Land Use Element. The design width of the private road at 28 feet is a small as possible to limit hillside grading activities and sloped less than a 15% gradient in compliance with Section 9.140.040 (H.C. Hillside Conservation) of the Zoning Ordinance. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan or will be conditioned to be so in areas of design development standards, etc. B. Compliance with CEQA The Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. Substantial changes are not proposed by development of the road. C. Surrounding Land Uses The site design of the project is appropriate for the intended uses pursuant Specific Plan 94-025 and compatible with surrounding development. 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; and 2. This application has complied with the requirements of 'The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report (#94112047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and Resolution No. 2001-61 Conditional Use Permit 99-047, Agiotage LTD. June 5, 2001 Page 3 3. That it does hereby approve this project for reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 51h day of June, 2001, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None City of La Quinta, California ATTEST: JU EEK, CMC, City k City of La Quinta, California (City Seal) APPROVED AS TO FORM: / 'tj" KATHEtRINE JENS9fi, City -Attorney City of La Quinta, California RESOLUTION NO. 2001-61 Exhibit "A" CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 99-047 - AGIOTAGE LIMITED JUNE 5, 2001 GENERAL The use of this site shall be in conformance with the approved exhibits contained in Specific Plan 94-025 (Amendment #1), unless otherwise amended by the following conditions. 2. The developer/property owner 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 including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 94-025 (Amendment #1), FEIR 94-287 Addendum, CUP 99-047 and TPM 28617 and any other challenge pertaining to this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion.