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PCRES 2009-027PLANNING COMMISSION RESOLUTION 2009-027 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 83- 002 AMENDMENT 7, FOR THE PGA WEST GOLF VILLAS CASE: SPECIFIC PLAN 83-002 AMENDMENT 7 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22nd day of September, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC for approval an amendment to the existing PGA West Specific Plan in order to accommodate plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 11, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permit 08-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; 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 Resolution 2009-027 Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 2 Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan: ' 1. Consistency with the General Plan The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the residential units and community facilities permitted in the specific plan are compatible with the goals and policies of the General Plan Low Density Residential (LDR) Land Use designation. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 08-601 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan Amendment incorporates land uses that are, compatible with zoning on adjacent properties. The design and density regulations specified in the specific plan amendment for residential and related recreational facilities, including attached single-family duplex resort residences and community recreation buildings, are compatible with the existing single-family resort homes and recreation amenities located within the specific plan area and on surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment, including attached single-family duplex resort residences and community recreation buildings, are suitable and appropriate for the subject property in that the land is relatively flat and surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. 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 said Planning Commission in this case; and Planning Commission Resolution 2009-027 Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 3 2. That the Planning Commission does hereby recommend approval of Specific Plan 83-002 Amendment 7 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of September, 2009 by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: LtS JOkWN, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2009-027 CONDITIONS OF APPROVAL — ADOPTED SPECIFIC PLAN 83-002 AMENDMENT 7 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 83-002 Amendment 7 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 83-002 Amendment 7, these conditions shall take precedence. 3. Specific Plan 83-002 Amendment 7 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all original Specific Plan 83-002 Amendment 4 text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director.