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PCRES 1989-045PLANNING COMMISSION RESOLUTION NO. 89-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CONCURRENCE WITH THE ENVIRONMENTAL DETERMINATION, AND AMENDMENT NO. 1 FOR THE OAK TREE WEST SPECIFIC PLAN. SPECIFIC PLAN NO. 85-006, AMENDMENT #1, OAK TREE WEST LANDMARK LAND COMPANY, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of September, 1985, hold a duly -noticed Public Hearing recommending approval of Specific Plan No. 85-006 to the City Council, subject to conditions; and, WHEREAS, the City Council did, on the 15th day of October, 1985, hold a duly -noticed Public Hearing approving Specific Plan No. 85-006, subject to conditions; and, WHEREAS, the Applicant, Landmark Land Company, has requested an extension of the approval for Specific Plan No. 85-006, pursuant to Condition #6 of the Conditions of Approval as part of the City Council Resolution No. 85-83; and, WHEREAS, the Planning Commission did, on the 23rd day of May, 1989, considered the confirmation of the environmental determination and modification of the approval conditions and recommended to the City Council approval of the modified conditions of approval; and WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of June, 1989, hold a duly -noticed Public Hearing to consider the recommendation of the Planning Commission concerning the modification of the Conditions of Approval; and, WHEREAS, the City Council did, on the 20th day of June, 1989, approved the environmental determination and modified the Conditions of Approval; and, WHEREAS, the Applicant, Landmark Land Company, Inc. has requested a modification to the Specific Plan by eliminating 36.5 acres of proposed commercial development and other textural changes; and, WHEREAS, the Planning Commission did, on the 12th day of September, 1989, considered the confirmation of the environmental determination and Amendment #1 for the Oak Tree West Specific Plan; and, BJ/RESOPC.013 - 1 - WHEREAS, said Specific Plan Amendment #1 complies with the requirements of "The Rules to Implement the California Environmental 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 after initial study and reviewing the original Environmental Assessment for Oak Tree West (Sch #85050112) that the Amendment will not have a significant adverse impact on the environment and that a Negative Declaration should be filed; 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 and reasons to justify the recommendation for approval of said Specific Plan Amendment: 1. The Specific Plan is consistent with the La Quinta General Plan. 2. There are no physical constraints which could prohibit development of the site as conditionally approved. 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. That 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 Environmental Assessment No. 89-139, indicating that the proposed Specific Plan Amendment will not result in any significant environmental impacts as mitigated by the amended Conditions of Approval; 2. That it does hereby recommend to the City Council approval of the above -described Specific Plan request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 12th day of September, 1989, by the following vote, to wit: AYES: Commissioners Bund, Steding, Moran, Chairman Walling NOES: Commissioner Zelles BJ/RESOPC.013 - 2 - ABSENT: None ABSTAIN: None F JOH9--WXLLING, Chairman Cit of La Quinta, Ca ifornia ATTEST: HE AN, Planning Direct Of a Quinta, California BJ/RESOPC.013 - 3 - PLANNING COMMISSION RESOLUTION NO. 89-045 RECOMMENDED CONDITIONS OF APPROVAL SPECIFIC PLAN #85-006, AMENDMENT #1 SEPTEMBER 12, 1989 The development shall comply with Exhibit 1, the Specific Plan document for Specific Plan #85-006 (revised July, 1989), and the following conditions, which conditions shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. The neighborhood loop collector and neighborhood streets shall be a minimum 36-foot pavement width. 3. The duplex units shall provide a 5-foot minimum sideyard setback from property lines. 4. The Applicant/Developer shall comply with the Conditions of Approval attached to City Council Resolution No. 89-76 unless modified. 5. Prior to any further development, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with these Conditions of Approval and mitigation measures of Specific Plan #85-006, Environmental Assessment #85-035 and Environmental Assessment #89-139, which must be satisfied prior to development. Prior to the issuance ofa building permit, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those Conditions of Approval and mitigation measures of the Specific Plan #85-006, Environmental Assessment #85-035, and Environmental Assessment #89-139, which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the Applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with all remaining Conditions of Approval and mitigation measures of the SP #85-006, EA #85-035, and EA #85-035. The Planning Director may require inspection or other monitoring to assure such compliance. 6. Condition #27 (Conditions dated June 20, 1989), shall be amended to eliminate reference to the hotel. 7. Condition #38b. shall be amended to reflect the minimum pavement width of 36-feet rather than 32-feet. BJ/CONAPRVL.012 - 1