CC Resolution 2000-120 RESOLUTION NO. 2000-120
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
AN AMENDMENT TO THE CONDITION OF
APPROVAL//33 DELETING THE REQUIREMENT FOR
A SIDEWALK ON MADISON STREET
CASE NO.: TRACT 28838 AMENDMENT #1
APPLICANT: FORREST HAAG FOR KSL DEVELOPMENT CORPORATION
WHEREAS, the City Council of the City of La Quinta, California, did on
the 19Th day of September, 2000, hold a duly noticed Public Hearing to consider the
request of FORREST HAAG for KSL Development Corporation for an amendment to
the conditions of approval for Tract 28838 to eliminate the required sidewalk on the
east side of Madison Street, south of Airport Boulevard and provide a multi-purpose
trail, more particularly described as:
NW QUARTER & SW QUARTER OF SECTION 22, T.6S, R.7E, S.B.M.
WHEREAS, said Tract Map has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as amended
(Resolution 83-63). The La Quinta Community Development Department has
determined that Tract 28838 is within Specific Plans 83-002 and 90-017 and is
exempt from the California Environmental Quality Act of 1970, as amended, per Public
Resources Code Section 65457 (a). Environmental Impact Reports (State Clearing
house 83062922 and 90020727) were certified in 1984 and 1991, respectively, by
the City Council. No changed circumstances or conditions exist which would trigger
the preparation of a subsequent Environmental Impact Report or environmental review
pursuant to Public Resources Code Section 21166; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 22"D day of August, 2000, hold a duly noticed Public Hearing to consider
the request and adopted Planning Commission Resolution 2000-057 recommending
approval; 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 approval
of said amendment to Tract 28838:
Resolution 2000-120
Tract 28838, Amendment #1
September 19, 2000
Page 2
1. The proposed amendment to the map and its design is consistent with the
General Plan and applicable Specific Plan in that the resulting prevision of a
multi-purpose will replace the sidewalk and will and provide access for
pedestrian and equestrian use.
2. The design of the subdivision and the amendment thereto, and proposed
improvements are not likely to cause environmental damage or substantially and
avoidably injure fish, or wildlife, or cause serious public health problems since
the project is primarily surrounded by development, or other urban
improvements, and mitigation is required by the previous Environmental Impact
Reports.
3. The design of the proposed amendment will not conflict with easements
acquired by the public at large, for access through, or use of, property within
the proposed Map since the multi-purpose trail will provide use by pedestrians,
bicyclists, and horse riders, etc.
WHEREAS, in the review of this amendment to the Tract, the City Council
has considered the effect of the contemplated action on housing needs of the region
for purposes of balancing those needs against the public service needs of the residents
of the City of La Quinta and its environs with available fiscal and environmental
resources;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That it does hereby approve Amendment #1 to Tract 28838 for the reasons set
forth in this Resolution and subject to the attached conditions, labeled Exhibit
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 19TM day of September, 2000, by the following vote, to wit:
Resolution 2000-120
Tract 28838, Amendment #1
September 19, 2000
Page 3
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JOH~M~ay~r
City of La Quinta, California
ATTEST:
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M ATIINE JENS N, City Attorney
C~Y~ofTLa Q~ornia
RESOLUTION 2000-120
CONDITIONS OF APPROVAL - FINAL
TRACT 28838, AMENDMENT #1
FORREST HAAG FOR KSL DEVELOPMENT CORPORATION
SEPTEMBER 19, 2000
CONDITIONS OF APPROVAL EXHIBIT "A"
GENERAL
1. Tract 28838, Amendment #1 shall comply with the requirements and standards
of the La Quinta Municipal Code and all other applicable laws, unless modified
by the following conditions.
2. 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 at its sole discretion.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
3. Condition #33 A(1) of Resolution 98-78 for Tract 28838 is hereby amended to
delete the requirement for a six foot wide meandering sidewalk on Madison
Street.
4. Condition #33 C of Resolution 98-78 for Tract 28838 is hereby amended as
follows:
On the east side of Madison Street, a trail shall be installed and function
as a multi-purpose trail for pedestrians, horses, etc, as approved by the
City. Signs identifying the trail as a multi-purpose (pedestrians, horses)
shall be posted along the trail at the time of installation of the trail, to the
satisfaction of the City.
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