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PCRES 1996-024PLANNING COMMISSION RESOLUTION 96-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 28335-R REVERSION TO ACREAGE TO RECONSOLIDATE TRACT 26251 AND PARCEL MERGER 93-298 IN A SINGLE PARCEL CASE NO. TT 28335-R WM. MURRAY & ASSOCIATES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of June, 1996, hold a duly -noticed Public Hearing to consider the request of William Murray & Associates, Inc., representing Robert R. and Mary Kay Taylor, to revert the land within Tract 26251 and Parcel Merger 93-298 to acreage through Tentative Tract 28335-R, generally located approximately 1/4 mile northwest of the Avenida Fernando/Avenida Obregon intersection, more particularly described as: A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; WHEREAS, the City Council of the City of La Quinta did adopt Specific Plan 121-E, Revised, as set forth in City Council Resolution 82-54, on October 5, 1981, and; WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of September, 1988, adopt City Council Resolution 88-112., approving Amendment #1 to Specific Plan 121-E, Revised, and; WHEREAS, the City Council of the City of La Quinta, California, did on the 21st day of November, 1989, adopt City Council Resolution 89-129,, approving Amendment #2 to Specific Plan 121-E, Revised, and; WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of October, 1990, adopt City Council Resolution 90-74, approving Tentative Tract 26251, a subdivision within Specific Plan 121-E, Revised, and; WHEREAS, Parcel Merger 93-298 was approved by the Community Development Director, to merge the two numbered lots within Tract 26251 into one lot, and; WHEREAS, Tract 26251 had previously complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970", as amended (County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5), in that the Community Development Director conducted an initial study, as required by the approval conditions for Specific Plan 121-E, Revised, as amended, and did determine that the tentative tract would not have a significant adverse impact on the environment identified in the environmental assessment, thus no additional environmental review is necessary for Tentative Tract 28335-R; 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 in accordance with Section 13.40.60 of the Subdivision Ordinance to justify recommendation for approval of said reversion to acreage request: 1. Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary because the Tract configuration is no longer in existence. 2. There is only one owner of the property included in the reversion to acreage. 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 current and constitute the findings of the Commission in this case. 2. That is does hereby confirm the conclusion of the Environmental Assessment 90-167 indicating that the proposed reversion to acreage will not result in any significant environmental impacts, and that a Negative Declaration was previously adopted; 3. That it does hereby recommend to the City Council approval of the above described Tentative Tract Map 28335-R, for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 11th day of June, 1996, by the following vote, to wit: AYES: Commissioners Anderson, Barrows, Butler, Gardner, Newkirk, Tyler, and Chairman Abels. NOES: None ABSENT: None ABSTAIN: None 2UV ABELS, Chairman of a Quinta, California ATTE vY HIRMAN� Community Development Director of L Quint. , California PLANNING COMMISSION RESOLUTION 96-024 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT 28335-R - REVISION TO ACREAGE JUNE 11, 1996 GENERAL Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tentative Tract Map 28335-R shall comply with the requirements and standards of §§ 66410- 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. PROPERTY RIGHTS The applicant shall dedicate drainage easements Delta-1 and Delta-2, as depicted on Tentative Tract Map 26251, to the homeowners' association for the adjacent Tract 25237. When the property mapped by any final map filed pursuant to Tentative Tract 28335-R is improved, the property owner(s) shall participate, on a per -lot basis, in the cost of maintenance of the drainage ditch that separates this property from Tract 25237. IMPROVEMENTS 4. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. Prior to final inspection or occupancy of any permanent buildings on this property, the applicant shall: Treat vertical faces of disturbed areas of hillside cut and fill to produce a natural appearance or screen disturbed areas to mask the man-made grades, and Construct an improved driveway meeting the approval of the Director of Public Works. A 28-inch high protective wall or barrier shall be constructed on the southerly or downhill side of the driveway to reduce run -off -the -road accidents. The southerly or downhill side of the wall shall be treated or screened to blend in with the surrounding, natural terrain. The treating and/or screening of vertical faces and the barrier wall shall meet the approval of the Community Development Department. CONAPRVL.001