PCRES 1989-008PLANNING COMMISSION RESOLUTION NO. 89-008
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A MODIFICATION
TO CONDITION N0.4 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 recommended to the
City Council, on the 9th day of February, 1988, a one-year time
extension; and,
WHEREAS, the City Council considered the time
extension request on February 16, 1988, approved the time
extension; and,
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WHEREAS, the Applicant, Rufus Associates, requested
elimination of Condition No. 4, or a time extension as
permitted in Condition No. 4; and,
WHEREAS, the Planning Commission did, on the 14th
day of February, 1989, hold a duly -noticed Public Hearing to
consider the Applicant's request; 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,
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
modification of said Condition No. 4:
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 by providing an annual review process
instead of a specific expiration date for the reasons set
forth in this Resolution, and subject to the attached
revised Condition No. 4.
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APPROVED and ADOPTED this 14th day of February,
1989, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Moran, Zelles, Steding, Chairman Walling
Commissioner Bund
PLAN ING COMMISSION XHAIRMAN
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-3-
PLANNING COMMISSION RESOLUTION NO. 89- 008
SPECIFIC PLAN NO. 84-003, AMENDMENT #2
REVISED CONDITION #4
FEBRUARY 28, 1989
The Planning Commission shall conduct annual reviews of
this Specific Plan starting February, 1990. During each
periodic review by the Planning Commission, the Orchard
Developer/Applicant shall be required to demonstrate good
faith compliance with the terms of the Specific Plan.
The Applicant/Developer of the Orchard hereby agrees to
furnish such evidence of the Orchard's compliance as the
City in the exercise of its reasonable discretion may
require. Evidence of good faith compliance may include,
but shall not necessarily be limited to, good faith
compliance with the requirements of the Specific Plan.
Upon conclusion of the annual review, the Commission may
extend the approval period for 12 months at a time.
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