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PCRES 1999-025PLANNING COMMISSION RESOLUTION 99-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF LOT DESIGN CHANGES FOR TRACT MAP 28838-1 CASE NO.: AMENDING TRACT MAP 28838-1 APPLICANT: RIELLY HOMES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 130' day of April, 1999, hold a duly noticed Public Hearing for Rielly Homes to consider design changes for lots abutting Legends Way and its intersection with Muirfield Avenue and Troon Way in Tract 28838-1, generally located approximately 2,700-feet south of Airport Boulevard and east of Madison Street, more particularly described as: West % of Section 22, T6S, R7E, S.B.B.M. WHEREAS, said amendment complies 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 Exempt pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 15305, Class 5(a): 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 28838-1: 1. The Map and its design are consistent with the General Plan and Specific Plans 83-002 and 90-017 in that its amended lots are in conformance with applicable goals, policies, and development standards, such as lot size, access, etc. The proposed lots are consistent with and will not negatively impact the overall growth and development of PGA West. Conditions are recommended ensuring compliance with both the PGA West Specific Plans and Zoning Code. 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 amending Map have already been mitigated. 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. Planning Commission Resolution 99-025 Tract Map 28838-1 April 13, 1999 4. All common landscaping lots will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. 5. 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 residential development. No adverse impacts have been identified based on letters of response from affected public agencies. 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 hereby require compliance with those mitigation measures required for Specific Plans 83-002 and 90-017, as amended; and 3. That it does recommend approval to the City Council of an amendment to Tract Map 28838-1 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 City Planning Commission, held on the 131" day of April, 1999, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler NOES: None ABSENT: None ABSTAIN: None i�V/ ROBERT TYLER, Chairman City of La Quinta, California RESOPC28838-32 Planning Commission Resolution 99-025 Tract Map 28838-1 April 13, 1999 ATTEST: RESOPC28838-32 PLANNING COMMISSION RESOLUTION 99-025 CONDITIONS OF APPROVAL - ADOPTED TRACT MAP 28838-1, AMENDMENT #1 RIELLY HOMES APRIL 13, 1999 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 28838-1 (Amendment #1) shall comply with the requirements and standards of §§66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This map amendment shall expire two years after approval by the City Council unless extended pursuant to the provisions of the Subdivision Ordinance. 3. All applicable conditions of City Council Resolution 98-78 for Tentative Tract Map 28838 shall be met prior to recordation of this Map. 4. 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. Condpctr 28838-1,32