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PCRES 2003-043PLANNING COMMISSION RESOLUTION 2003-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP IN HILLSIDE PROPERTY APPLICANT: WINCHESTER DEVELOPMENT CONDITIONAL USE PERMIT 2003-076 WHEREAS, the Planning Commission of the City of La Quinta did on the 24th day of June, 2003, hold a duly noticed public hearing to consider a request of Winchester Development to allow two residential lots to development on 20 acres located within the Hillside Conservation Overlay District, collectively "the Project", generally located west of the Jefferson Street alignment, south of Quarry Lane, more particularly described as: A.P.Ns: 755-050-008 and 766-060-001 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 and reasons to justify recommendation for approval of the Conditional Use Permit: 1. The project is consistent with the General Plan in that the project proposed for development is residential and the property is designated Low Density Residential. 2. This project has been designed to be consistent with the provisions of the Zoning Code, and Hillside Conservation District. 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2002-452 that was prepared for Tentative Tact 30651, which was certified on September 17, 2002. No changed circumstances or conditions and no new information is proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166. 4. The design of the project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: G:\WPDOCS\PC Stf Rpt\PC RESO CUP 2003-076.doc Planning Commission Resolution 2003-043 Conditional Use Permit 2003-076 - Winchester Development Adopted: June 24,2003 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby accept the determination of the Community Development Department that no changed circumstances or conditions are proposed, and no new information has been submitted which would not trigger the preparation of subsequent environmental review. 3. That it does hereby approve the above -described Conditional Use Permit request for the reasons set forth in this Resolution, 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 June 2003, by the following vote to wit: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler NOES: None ABSENT: None ABSTAIN: None v RIC BUTLER, Chairman City of La Quinta, California ATTEST: JEFIff HERMAN, Community Development Director CitV of La Quinta, California G:\WPDOCS\PC STF RPT\PC RESO CUP 2003-076.DOC PLANNING COMMISSION RESOLUTION 2003-043 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2003-076 WINCHESTER DEVELOPMENT ADOPTED: JUNE 24, 2003 GENERAL 1 . 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. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. The use of the subject property for residential uses shall be in conformance with the approved exhibits and Conditions of Approval contained in Conditional Use Permit 2003-076 and tentative Parcel Map 31253, and Environmental Assessment 2002-548, unless otherwise amended by the following conditions. 3. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 4. A site development permit is required prior to the construction of any homes on the two lots. The application shall include the delineation of the footprints, the architectural elevations, and a viewshed study. G:\WPDOCS\PC Resolutions\PC COA CUP 2003-076.doc