PC Resolution 1988-001PLANNING COMMISSION RESOLUTION NO. 88-001
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND RECOMMENDING
APPROVAL OF A ONE-YEAR TIME EXTENSION FOR
THE ORCHARD SPECIFIC PLAN.
SPECIFIC PLAN 84-003, AMENDMENT #2; THE ORCHARD
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 20th day of January, 1984, hold
a duly -noticed Public Hearing recommending approval of Specific
Plan No. 84-003 to the City Council, subject to conditions; and,
WHEREAS, the City Council did, on the 7th day of
February, 1984, hold a duly -noticed Public Hearing approving
Specific Plan No. 84-003, subject to conditions; and,
WHEREAS, the Applicant, Rufus Associates, requested
an Amendment to the Specific Plan No. 84-003, which was
considered by the Planning Commission at a Public Hearing on
January 28, 1986; and,
WHEREAS, the Planning commission recommended to the
City Council approval of said Amendment #1, subject to
conditions; and,
WHEREAS, the City Council considered the Amendment
at a Public Hearing conducted on February 18, 1986, at which
time the City Council adopted Resolution No. 86-11, approving
said Amendment #1, subject to conditions; and,
WHEREAS, the Applicant, Rufus Associates, requested
an Amendment to the time limit imposed on the Specific Plan No.
84-003, Amendment #1; and,
WHEREAS, the Planning Commission did, on the 9th
day of February, 1988, hold a duly -noticed Public Hearing to
consider said Amendment #2, requesting a one-year time
extension; and,
WHEREAS, said Amendment #2 complied with the
requirement of "The Rules to Implement the 'California
Environmental Quality Act of 1970" (County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director has
determined that the Specific Plan has been previously assessed
for environmental impacts and that a Negative Declaration was
adopted; and,
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WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said Planning
Commission did find the following facts to justify the approval
of said time extension:
1. The Specific Plan is consistent with the adopted La
Quinta General Plan.
2. There are no physical constraints which could prohibit
development of the site as proposed.
3. The project will be provided with adequate utilities and
public services to ensure public health and safety.
4. The mitigation measures agreed to by this Applicant and
incorporated into the Conditions of Approval will
mitigate any adverse environmental impact.
NOW, THEREFORE, BE IT RESOLVED by the Planning
Commission of the City of La Quinta, California, as follows:
1. The the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of the
environmental assessment relative to the environmental
concerns of this Amendment;
3. That it does hereby recommend approval of amending
Condition No. 4, granting a one-year time extension for
the reasons set forth in this Resolution, and subject to
the attached revised Condition No. 4.
APPROVED and ADOPTED this 9th day of February,
1988, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Moran, Bund, Zelles, Steding
Commissioner Wallinr
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PLANNING COMMISSION RESOLUTION NO. 88-001
SPECIFIC PLAN NO. 84-003, AMENDMENT #2
REVISED CONDITION #4
4. This approval shall be used within one year of the City
council's final approval of Specific Plan No. 84-003,
Amendment #2; otherwise, it shall become null and void
and of no effect whatsoever. The term "used" means the
beginning of substantial construction of permanent
buildings (not including grading) as authorized by this
Specific Plan, which construction shall thereafter be
pursued diligently to completion. Notwithstanding the
foregoing, the Applicant may, prior to the expiration,
request an extension of time in which to "use" the
Specific Plan approval. The extension request must be
made in writing 30 days prior to expiration. The matter
will be placed on the Planning Commission's regular
agenda. The requested extension may be granted upon a
determination that valid reason exists for the Applicant
not using the approval within the required period of time.
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