PCRES 2009-012PLANNING COMMISSION RESOLUTION 2009-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF SUBDIVISION TEXT AMENDMENT 2008-096, 1.) TO
ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE
APPLICATIONS (13.04.080), 2.) TO CORRECT THE MANDATORY
FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS
(13.12.130), 3.) TO SPECIFY THE TIMING OF PARKLAND FEES
(13.48.080), AND 4.) TO CORRECT AND REMOVE OUTDATED
GENERAL PLAN POLICY REFERENCES (13.48.090 & 13.48
APPENDIX).
CASE NO.: ZONING ORDINANCE AMENDMENT 2008-096
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 24`" of March, 2009, hold a duly noticed Public Hearing for
review of a Subdivision Text Amendment to establish sunset provisions for inactive
and incomplete applications (13.04.080), to correct the mandatory findings of
approval for tentative tract maps (13.12.130), to specify the timing of parkland
fees (13.48.080), and to correct text and remove an appendix identifying outdated
General Plan parkland policies (13.48.090 & an Appendix to 13.48); and
WHEREAS, said Subdivision Text Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Subdivision Text Amendment under the provisions of
CEQA, and has determined that the Amendment is exempt pursuant to Section
15061(13)(3), Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on March 11, 2009, as prescribed by the
Municipal Code; 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
recommending approval of said Subdivision Text Amendment:
1. The proposed Subdivision Text Amendment is consistent with General Plan,
insofar as it removes inconsistent, conflicting, and incompatible portions of
text and allows for continued high quality development in the, City. Because
the amendments are either corrections, clarifications, or the codification of
Planning Commission Resolution 2009-012
Subdivision Text Amendment 2008-096
March 24, 2009
current policies and interpretations, the Subdivision Text Amendment is
consistent with the goals, objectives and policies of the General Plan.
2. Approval of the Subdivision Text Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have
no impacts on the public health, safety and welfare.
3. The Subdivision Text Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes will
have no effect on the environment.
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 the Planning Commission does hereby recommend approval of
Subdivision Text Amendment 2008-096, as set forth in attached Exhibits A
- through E to the City Council for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 24`h day of March, 2009, by the
following vote, to wit:
AYES: Commissioners Barros, Quill, Weber, Wilkinson, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
Planning Commission Resolution 2009-012
Subdivision Text Amendment 2008-096
March 24, 2009
ATTEST:
ES J ON, Planning Director
City o La Quinta
EXHIBIT A
13.04.080 Sunset provisions regarding incomplete and inactive subdivision
applications.
A. Incomplete Application Sunset Provisions All subdivision applications
which remain incomplete and inactive for a minimum 6 month period shall
have a written 30 day warning notification forwarded to the applicant. If no
action is taken by the applicant regarding the application within 30 days
thereafter, the application shall automatically be withdrawn and closed.
EXHIBIT B
13.12.130 Mandatory findings of approval.
A tentative map shall be approved by the city only if the city makes all
of the following findings:
A. The proposed map or vesting map is consistent with the city general
plan and any applicable specific plans.
B. The design or improvement of the proposed subdivision is consistent
with the city general plan and any applicable specific plans.
C. The design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially injure fish
or wildlife or their habitat.
D. The design of the subdivision or type of improvements are not likely
to cause serious public health problems.
E. The site of the proposed subdivision is physically suitable for the type
of development and proposed density of development.
F. The proposed subdivision is consistent with all applicable provisions
of this title and the La Quinta Zoning Ordinance including but not limited to
minimum lot area requirements any other applicable provisions of this code
and the Subdivision Map Act.
G. 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. (Ord. 295 § 1 (part),
1997; Ord. 272 § 1 (part), 1995)
EXHIBIT C
13.48.080 Processing procedures.
At the time of approval of the tentative map the city shall determine the
amount of land to be dedicated of the tees to be paid e- both. At the time of
the filing of the final map the city shall determine the fees to be paid.
Dedications of land and in -lieu payments shall be made prior to or
concurrently with recordation of the first final map within the tentative map
or approval of a waiver of parcel map. In -lieu fees may be paid for each
proposed final map phase of a multiple -phased map, based upon the acreage
of the phased map and in accordance with the applicable provisions of this
chapter.
EXHIBIT D
13.48.090 General plan criteria.
The city general plan contains a number of policies on parkland
development. Those policies have been compiled and placed in the Parks and
Recreation Element of the General Plan an appendix set out at the end of this
EXHIBIT E
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