PCRES 2001-078PLANNING COMMISSION RESOLUTION 2001-078
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF AMENDING TRACT MAP 29283 TO
ALLOW A CHANGE TO CONDITION #37 OF CITY
COUNCIL RESOLUTION 99-100 REQUIRING UNDER
GROUNDING OF OVERHEAD TRANSMISSION LINES
FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION
IN RANCHO LA QUINTA
CASE NO.: AMENDING TRACT MAP 29283
APPLICANT: T. D. DESERT DEVELOPMENT
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 8th day of May, 2001, hold a duly noticed Public Hearing to consider
amending Condition No. 37 of City Council Resolution 99-100 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 23 acres into 59 single family and
other common lots, located on the northeast corner of 501h Avenue and Orchard Lane
in Rancho La Quinta with connections to Tracts 28912 and 29457; and
WHEREAS, the City Council of the City of La Quinta, California, did on
the 3rd day of August, 1999, hold a duly noticed Public Hearing approving the
subdivision of 23 acres into 59 single family and other common lots, located on the
northeast corner of 50`h Avenue and Orchard Lane, more particularly described as:
Being a portion of Parcels 6, 7, 10, 11, 13 and 14 of Parcel Map 20469
as filed in Book 140 of Maps on Pages 95-100 inclusive, County of
Riverside, State of California; SW 1/4 of Section 32, T5S, R7E, SBBM
WHEREAS, Tract Map 29283 was recorded with the County of Riverside
Recorder's Office creating said lots on October 4, 2000; and
WHEREAS, the applicant is requesting to amend a final map pursuant to
Section 13.20.1 15 of the Subdivision Ordinance; and
WHEREAS, said Environmental Assessment 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
RESOPCTT29283 Greg
Planning Commission Resolution 2001-078
Amending Tract Map 29283
T. D. Desert Development
May 8, 2001
Page 2
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 29283 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 will be provided from internal streets
planned under this tract and Tract 28912. The density and design standards
for the Tract comply with the Land Use Element of the General Plan (Chapter
2) and the Specific Plan.
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.
RESOPCTT29283 Greg
Planning Commission Resolution 2001-078
Amending Tract Map 29283
T. D. Desert Development
May 8, 2001
Page 3
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:
1. 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
Mitigated Negative Declaration on file with the Community Development
Department; and
RESOPCTT29283 Greg
Planning Commission Resolution 2001-078
Amending Tract Map 29283
T. D. Desert Development
May 8, 2001
Page 4
4. That it does recommend approval to the City Council of Amending Tract Map
29283 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
City of La Quinta, California
ATTEST:
F-H—ERPAN, Community Development Director
of La Quinta, California
RESOPCTT29283 Greg
PLANNING COMMISSION RESOLUTION 2001-078
CONDITIONS OF APPROVAL - RECOMMENDED
AMENDING TRACT MAP 29283
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 99-100 shall remain in effect,
except Condition 37 shall be modified to read 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 and Specific Plan 84-004, Amendment #4."
AACondPC Tr29283 Rancho.wpd - Page I of I