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PCRES 2001-077PLANNING COMMISSION RESOLUTION 2001-077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 25154 (AMENDMENT #1) TO MODIFY CONDITION #20 OF CITY COUNCIL RESOLUTION NO. 92-18 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 25154 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending City Council Resolution No. 92-18 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 27.5 acres into 98 single family and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive in Rancho La Quinta connecting to Tract 28343; and WHEREAS, the City Council of the City of La Quinta, California, did on the 41h day of February, 1992, hold a duly noticed Public Hearing approving a one year time extension for Tentative Tract Map 25154, a subdivision of 27.5 acres into 98 residential and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive under Resolution 92-18; and WHEREAS, the City Council of the City of La Quinta, California, did on the 5Lh day of December, 1989, approve TTM 25154, subject to conditions, more particularly described as: Parcel 1 of Parcel Map 25187; S%2 of Section 31, T5S, R7E, SBBM WHEREAS, Tract Map 25154 was recorded with the County of Riverside Recorder's Office on June 24, 1992; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and RESOPCTT25154 Greg T - Planning Commission Resolution 2001-077 Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 2 WHEREAS, said Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001-421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; 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: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27835 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84-004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots occurs via existing private streets. The density and design standards for the Tract comply with the Land Use _ Element of the General Plan (Chapter 2) and the Specific Plan. RESOPCTT25154 Greg T Planning Commission Resolution 2001-077 Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 3 C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and RESOPCTT25154 Greg T - Planning Commission Resolution 2001-077 Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 4 4. That it does recommend approval to the City Council of Amending Tract Map 25154 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 this 8`h day of May, 2001 by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None ABSENT: None ABSTAIN: None ATTEST: HERM Nmmuni' La Qu �6ta, California City of La Quinta, California opment Uirector RESOPCTT25154 Greg T PLANNING COMMISSION RESOLUTION 2001-077 CONDITIONS OF APPROVAL - RECOMMENDED TRACT MAP 25154, AMENDMENT #1 T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. All conditions imposed by City Council Resolution 92-18 shall remain in effect, except Condition 36 shall be added as follows: "All existing and proposed utilities within or adajacent to the proposed development shall be installed underground, unless otherwise allowed by the adoption of General Plan Amendment 2000-073." AACondPC Tr25154Ranchompd - Page 1 of 1