PCRES 1998-085RESOLUTION 98-085
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING APPROVAL OF TRACT MAP
28545-2, AMENDMENT #1 TO THE CITY COUNCIL
CASE NO.: TRACT 28545-2, AMENDMENT #1
APPLICANT: KSL DESERT RESORT, INC.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 241' day of November, 1998, hold a duly noticed Public Hearing to
consider the request of KSL DESERT RESORT, INC. for approval of Amendment #1
to Tract Map 28545-2, in the area encompassing the La Quinta Resort Homes ,
generally located west of Eisenhower Drive, and south of Avenida Fernando, more
particularly described as:
A portion of Section 36, T6E, R6E, S.B.B.M.
WHEREAS, said Tentative Map has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63) in that the La Quinta Community Development
Department has determined that this request is Categorically Exempted pursuant to
the Guidelines for Implementation of the California Environmental Quality Act,
Section 15305, Class 5; 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
Planning Commission did make the following Mandatory Findings of approval to
justify a recommendation for approval of said amendment to Tract Map 28545-2:
1. The Map and its design are consistent with the General Plan and Specific Plan
121-E in that its amended lots are in conformance with applicable goals,
policies, and development standards, such as lot size and will provide adequate
infrastructure and public utilities.
2. The design of the amended subdivision or its proposed improvements are not
likely to create environmental damage or substantially and avoidably injure
wildlife or their habitat because the area covered by the amended Map is
graded or developed and mitigation measures and conditions have been
imposed.
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Planning Commission Resolution 98-085
Tract 28545-2, Amendment #1
3. The design of the amended subdivision and the proposed types of
improvements are not likely to cause serious public health problems because
urban improvements are existing or will be installed based on applicable Local,
State, and Federal requirements.
4. The design of the amended subdivision and the proposed types of
improvements will not conflict with easements acquired by the public at large,
for access through or use of the property within the subdivision in that none
presently exist and access to the resort residential area will be provided to
surrounding property owners.
WHEREAS, in the review of this amended Tract Map, the Planning
Commission has considered, the effect of the contemplated action on housing
needs of the region for purposes of balancing those needs against the public service
needs of the residents of the City of La Quinta and its environs with available fiscal
and environmental resources;
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 constitute the findings of the Planning
Commission in this case;
2. That it does recommend approval of Amendment #1 to Tract Map 28545-2
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 24th day of November, 1998, by the
following vote, to wit:
AYES: Commissioners Butler, Kirk, Robbins, and Chairman Tyler
NOES: None
ABSENT: Commissioner Abels
ABSTAIN: None
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Planning Commission Resolution 98-085
Tract 28545-2, Amendment #1
ATTEST:
W-�
ROBERT T. TYLER, Chairman
City of La Quinta, California
3MAN, [Community Development Director
Quinta, California
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RESOLUTION 98-085
CONDITIONS OF APPROVAL - ADOPTED
TRACT MAP 28545-2, AMENDMENT #1
KSL DESERT RESORTS, INCORPORATED
NOVEMBER 24, 1998
GENERAL
1. Upon their approval by the City Council, the City Clerk is directed to file these
Conditions of Approval with the Riverside County Recorder for recordation
against the properties to which they apply.
2. Tract Map 28545-2, Amendment #1 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. This map shall expire
two years after approval by the City Council unless extended pursuant to the
provisions of the Subdivision Ordinance.
3. The applicant/developer shall comply with the mitigation measures contained in
the Mitigation Monitoring Plan attached to Environmental Assessment 97-343.
4. This map shall be subject to all requirements of SP 121-E, Amendment #4, and
SDP 97-607 and shall be revised as necessary prior to recordation.
5. Developer 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. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
6. All applicable conditions of City Council Resolution 97-75 for Tentative Tract
Map 28545 shall be met prior to recordation of this Map.
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