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CC Resolution 2000-122 RESOLUTION NO. 2000-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITION OF APPROVAL #74 DELETING THE REQUIREMENT FOR A SIDEWALK ON MADISON STREET CASE NO.: TRACT 29147 AMENDMENT #2 APPLICANT: FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 19TM 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 29147 to eliminate the required sidewalk on the east side of Madison Street, north of 58TM Avenue and provide a multi-purpose trail, more particularly described as: SOUTHWEST 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 29136 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). An environmental impact report (State Clearinghouse Numbers 83062922 and 90020727) was 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 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-059 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 29147: Resolution 2000-122 Tract 29147, Amendment #2 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 Report and Mitigated Negative Declaration. 3. The design of the proposed amendment to the map 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, and horse riders, etc.. WHEREAS, in the review of this ame'n~lment 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 #2 to Tract 29147 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit II A ll' 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 2000-122 Tract 29147, Amendment #2 September 19, 2000 Page 3 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None JOHN City of La Quinta, California ATTEST: JUNI ~ CMC, EE , City of La Quinta, California (City Seal) APPROVED AS TO FORM: M..~/ATHERI~NE :JENSO/~ity Attorney Cit~Quinta, California RESOLUTION 2000-122 CONDITIONS OF APPROVAL - FINAL TRACT 29147, AMENDMENT #2 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1. Tract 29147, Amendment #2 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified bV the following conditions. 2. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of anV legal claim or litigation arising out of the City's approval of this project. The CitV of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptIV notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 3. Condition #74 of Resolution 99-158 for Tract 29147, Amendment #1, 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. p:\stan\tt 29147 am 2 cc coa.wpd