PCRES 2004-074r—
PLANNING COMMISSION RESOLUTION 2004-074
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THREE
DEVELOPMENT PLANS FOR 128 LOTS WITHIN TRACT
31202
CASE NOS.: SITE DEVELOPMENT PERMITS 2004-813
DESERT CHEYENNE, INC.
WHEREAS, the Planning Commission of the City of La Quinta did on the
28th day of September, 2004, hold a duly noticed Public Hearing to consider the
request of Desert Cheyenne, Inc., for approval of landscape plans and three
development plans on 128 lots within a single-family residential development (Tract
31202) by means of Site Development Permit (SDP) 2003-813, generally located at
the southwest corner of Avenue 52 and Monroe Street, more particularly described as:
Tract 31202
WHEREAS, the Architecture and Landscape Review Committee of the
City of La Quinta did on the 1st day of September, 2004, hold a public meeting to
consider a request for development and landscape plans for the single-family
residential subdivision by means of a SDP 2004-813; and
WHEREAS, said SDP has complied with the requirements of "The Rules to
Implement the California Environmental Quality Act of 1970" as amended (Resolution
83-68), in that the Community Development Department has determined that a
Mitigated Negative Declaration (Environmental Assessment 2003-472) was certified
by the City Council for this project under Resolution 2003-48. There are no changed
circumstances, conditions, or new information which would trigger the preparation of
a subsequent Environmental Assessment pursuant to Section 15162 of the Guidelines
for Implementation of the California Environmental Quality Act; and,
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 approving said
Site Development Permit:
1 . The Project is consistent with the General Plan in that the property proposed for
the residential project is designated Low Density Residential.
2. The Project has been designed to be consistent with the provisions of the
applicable Specific Plan.
3. Processing and approval of the Project is in compliance with the requirements of
the California Environmental Quality Act in that the La Quinta Community
Planning Commission Resolution 2004-074
Site Development Permit 2004-813 - Desert Cheyenne Inc.
Adopted: September 28, 2004
Development Department has determined that no changed circumstances,
conditions, or new information has been submitted which would trigger the
preparation of a subsequent Environmental Assessment pursuant to Section
15162 of the Guidelines for Implementation of the California Environmental
Quality Act.
4. The site design of the Project is appropriate for the use in that it has been
designed with the appropriate parking and vehicular access, and provided with
adequate landscaping.
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 correct and constitute the findings of
the Planning Commission in this case.
2. That it does hereby approve the above -described SDP 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 28th day of September, 2004, by the following vote
to wit:
AYES: Commissioners Daniels, Ladner, and Quill
NOES: None
ABSENT: Commissioner Krieger and Chairman Kirk
ABSTAIN: None
City of La Quinta, California
ATTEST:
Oscar W. Orci, Interim
Community Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2004-074
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2004-813
DESERT CHEYENNE , INC.
ADOPTED: SEPTEMBER 28, 2004
GENERAL
1. The applicant 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 Site
Development Permit. The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
2. The Pigmy Date Palm shall be excluded from the landscape palette, or shall be
obtained from a certified local nursery.
3. Front yard landscaping shall comply with Chapter 8.13 of the City's Water
Efficient Landscaping Ordinance and shall consist of two trees (i.e., a minimum
1 .5 inch caliper measured three feet up from grade level after planting), ten 5-
gallon shrubs, and groundcover.
4. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being
placed within 18 inches of street curbs.
5. Once the trees have been delivered to the site for installation, a field inspection
by the Community Development Department is required before planting to
insure they meet minimum size and caliper requirements.
6. The applicant shall comply the City of La Quinta Police and Fire Department
requirements.