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CC Resolution 1999-056d_Y RESOLUTION 99-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING LOT DESIGN CHANGES FOR TRACT MAP 28838-1 CASE NO.: AMENDING TRACT MAP 28838-1 APPLICANT: RIELLY HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of May, 1 999, hold a duly noticed Public Hearing for Rielly Homes to consider design changes for lots abutting Legends Way and its intersection with Muirfield Avenue and Troon Way in Tract 28838-1, generally located approximately 2,700-feet south of Airport Boulevard and east of Madison Street; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 3th day of April, 1999, hold a duly noticed Public Hearing for Rielly Homes to consider design changes for lots abutting Legends Way and its intersection with Muirfield Avenue and Troon Way in Tract 28838-1, and recommended approval by adoption of Resolution 99-025, more particularly described as: West Y2 of Section 22, T65, R7E, S.B.B.M. WHEREAS, said amendment complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1 970" as amended Resolution 83-63) in that the La Quinta Community Development Department has determined that this request is Categorically Exempt pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 1 5305, Class 5(a); 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 City Council did make the following Mandatory Findings of approval to justify a recommendation for approval of said amendment to Tract Map 28838-1: 1. The Map and its design are consistent with the General Plan and Specific Plans 83-002 and 90-017 in that its amended lots are in conformance with applicable goals, policies, and development standards, such as lot size, access, etc. The proposed lots are consistent with and will not negatively impact the overall growth and development of PGA West. Conditions are recommended ensuring compliance with both the PGA West Specific Plans and Zoning Code. 2. The design of the amended subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the area covered by the amending Map have already been mitigated. 3. The design of the amended subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable local, state, and federal requirements. BIB] 05-13-1999-U01 09:58:51AM-U01 ADMIN-U01 CCRES-U02 99-U02 56-U02 d_YResoluton No. 99-56 Tract 2883B-lIRieIIy Homes Adopted: 514/99 Page 2 4. All common landscaping lots will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. 5. The design of the amended subdivision and the proposed types of improvements? will not conflict with easements acquired by the publi6 at large, for access through or use of the property within the subdivision in that none presently exist and access to the residential development. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta1 California, as follows: 1. That the above recitations are true and constitute the findings of the City Council on in this case; 2. That it does hereby require compliance with those mitigation measures required?red for Specific Plans 83-002 and 90-017, as amended; and 3. That it does approve an amendment to Tract Map 28838-1 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 Council, held on the 41h day of May, 1 999, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None City of La Quinta, California BIB] 05-13-1999-U01 09:58:51AM-U01 ADMIN-U01 CCRES-U02 99-U02 56-U02 d_YResolution No, 99-56 Tract 2B83B-llRielIy Homes Adopted: 514199 Pa9e 3 AUNDRA L. JUHO City Clerk City of La Quinta, Ca?ifornia APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California BIB] 05-13-1999-U01 09:58:51AM-U01 ADMIN-U01 CCRES-U02 99-U02 56-U02 d_YResolution No.99-56 Trnct 2SS38-llAmendment #1 Adopted: 5/4/99 RieI?y Homes P?ge 1 GENERAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tract Map 28838-1 Amendment #1) shall comply with the requirements and standards of 66410-66499.58 of the California Government Code the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code LQMC) unless otherwise modified by the following conditions. This map amendment shall expire on May 4, 2001, unless extended pursuant to the provisions of the Subdivision Ordinance. 3. All applicable conditions of City Council Resolution 98-78 for Tentative Tract Map 28838 shall be met prior to recordation of this Map. 4. 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. BIB] 05-13-1999-U01 09:58:51AM-U01 ADMIN-U01 CCRES-U02 99-U02 56-U02