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CC Resolution 1997-090^"Q RESOLUTION 97-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGES TO THE GRADING PLAN FOR TENTATIVE TRACT MAP 28409, A 19-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 9.15 ACRES LOCATED ON THE NORTH SIDE OF AVENIDA MONTEZUMA AND EAST OF THE BEAR CREEK CHANNEL CASE NO.: TENTATIVE TRACT MAP 28409 APPLICANTS: C.B. MURPHY AND L. R. KUNKLE WHEREAS, the City Council of the City of La Quinta, California, did on the 1 8th day of November, 1 997, hold a duly noticed Public Hearing to review the revised grading plan for Tentative Tract Map 28409, a 1 9 single family and other common lots on a 9.15-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of the Yucatan Peninsula neighborhood; WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of May, 1 997, hold a duly noticed Public Hearing and approved Tentative Tract Map 28409, permitting development of a 1 9 single family lot subdivision with private streets by adoption of Resolutions 97-35 and 97-36, subject to Findings and Conditions; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of March, 1 997, hold a duly noticed Public Hearing and recommended approval to the City Council of Tentative Tract Map 28409 by adoption of Resolutions 97-017 and 97-018, more particularly described as: Portion of the SW 1/4 of Section 1, T6E, R6E, SBBM APN: 773-030-009 and portions of 773-030-010, 773-115-003, and 773-151-012) WHEREAS, said Tentative Map has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1 970*' as amended Resolution 83-63). On May 6, 1997, the City Council adopted Resolution 97-35 certifying a Mitigated Negative Declaration Environmental Assessment 96-335) for this project. Therefore, no additional review is warranted for this project to consider changes to the grading plan; 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 RESOCC 90-20, CONDCC2S4O9REV-20 BIB] 09-11-1998-U01 10:47:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 90-U02 ^"Q i Resolution 97-90 City Council did make the following Mandatory Findings of approval for said revised grading plan for Tentative Tract Map 28409: A. The Map is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance. Tentative Tract Map 28409, as approved on May 6, 1 997, is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element, Zoning Code, and Subdivision Ordinance provided conditions are met. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. The revised grading plan will not adversely affect surrounding property owners because lot pad elevations are consistent with existing topographic features of the site. All streets and improvements in the project, as conditioned, will conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on- site streets are private and designed per the standards of the Circulation Element Chapter 3.0) of the General Plan. Access to the Tract will be from Street Lot *A" on Avenida Montezuma. The density and design standards for the Tract will comply with the Land Use Element Chapter 2.0) of the General Plan and Zoning Code, respectively. C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Mitigation measures are required to develop this property as required by EA 96- 335. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. RESOCC.90-20, CONDCC2S4O9RBV-20 BIB] 09-11-1998-U01 10:47:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 90-U02 ^"Q Resolution 97-90 E. 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. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. WHEREAS, in the review of the changes to the grading plan for Tentative Tract Map, 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 changes to the site grading plan for Tentative Tract Map 28409 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 1 8th day of November, 1 997, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L HOLT, Mayor City of La Quinta, California RESOCC.90-20, CONDCC2S4O9REV-20 BIB] 09-11-1998-U01 10:47:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 90-U02 ^"QResolution 97-90 ATTEST: AUNDRA L. JU OLA, City Cle*k City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWE'C*ity Attorney City of La Quinta, California RESOCC.90-20, CONDCC2S4O9REV-20 BIB] 09-11-1998-U01 10:47:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 90-U02