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CC Resolution 2001-068RESOLUTION NO. 2001-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAPS 27952 AND 27952-1 TO ALLOW A CHANGE TO CONDITION #16 OF CITY COUNCIL RESOLUTION NO. 94-54 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAPS 27952 AND 27952-1 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5ch day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 16 of City Council Resolution No. 94-54 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power poles (92 Kv) for a subdivision of 22 acres into 55 single family and other common lots, located on the south side of Rancho La Quinta Drive and east of Mission Drive West in Rancho La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 16 of City Council Resolution No. 94-54 and on a 5-0 vote adopted Resolution 2001-069 recommending approval, subject to findings and conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 19`h day of July, 1994, hold a duly noticed Public Hearing approving the subdivision of 22 acres into 55 single family and other common lots, located on the south side of Rancho La Quinta Drive and east of Washington Street, more particularly described as: Being a portion of Parcels 2, 3, and 5 of Parcel Map 20469; NE and NW quarters of Sections 31 and 32, TSS, R7E, SBBM WHEREAS, Tract Maps 27952-1 and 27952 were recorded with the County of Riverside Recorder's Office on November 28, 1995 and August 30, 1996, respectively; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and Resolution No. 2001-68 Amending Tract Maps 27952 and 27952.1 T. D. Desert Development June 5, 2001 Page 2 WHEREAS, said Environmental Assessment has complied with the requirements of 'The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; 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: A. The proposed Map Amendments are consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27952 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and connect with adjacent streets in other tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. Resolution No. 2001-68 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development June 5, 2001 Page 3 The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. 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, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. 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 as required by SP 84-004. 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 reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum); 3. That it does hereby confirm certification of Environmental Assessment 2001- 421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and 4. That it does approve Amending Tract Maps 27952 and 27952-1 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 this 5' day of June, 2001 by the following vote, to wit: Resolution No. 2001-68 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development June 5, 2001 Page 4 AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Members Perkins ABSTAIN: None JOHN'J.lPENAMayor City of La Quin , California ATTEST: JUNE . tiREEK, CMC, City Ctissfrk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. ERINE JEN N, City Attorney City of La Quinta, California RESOLUTION NO. 2001-68 CONDITIONS OF APPROVAL - FINAL AMENDING TRACT MAP 27952, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL 1. The developer/property owner 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 including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tract Map No. 27852 shall comply with the requirements and standards of §§ 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Resolution No. 2001-68 Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 2 4. The approval shall be in compliance with all applicable conditions and applicable provisions of SP 84-004 and applicable Development Agreement. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7. Applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. 8. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. TRACT AND BUILDING DESIGN 9. That prior to issuance of the first building permit for lots in this tract, a plot plan showing the proposed units shall be reviewed and approved by the Community Development Department. 10. Any minor changes in lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. FIRE DEPARTMENT 11. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.51T) shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a two-hour duration at 20 psi. 12. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". Resolution No. 2001-68 Conditions of Approval - Final Amending Tract Map 27952 June S. 2001 Page 3 13. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 14. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. UTILITIES 15. All conditions and requirements of the CVWD shall be met as noted in their letter dated April 28, 1994, on file at City Hall. 16. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 17. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. ENGINEERING DEPARTMENT 18. If the applicant desires to phase tract improvements, tract phasing plans shall be submitted for review and approval by the City Engineer and Community Development Department prior to recordation of any final map under this tentative map. The applicant shall develop tract phases in the order of the approved phasing plan. Improvements required of each phase shall be completed prior to issuance of Certificates of Occupancy within the phase unless otherwise approved by the City Engineer. IMPROVEMENT AGREEMENT 19. The applicant shall construct, or enter into a secured agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions and shall meet all other obligations or secured said obligations before approval of this tentative map or before any final map(s) under this tentative tract map. Resolution No. 2001-68 Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 4 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 20. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 21. The applicant shall dedicate any easements necessary for placement of and accesss to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 22. The applicant shall cause no easements to be granted or recorded over any portion of the property included in this tentative map between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. GRADING 23. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 of the LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 24. The applicant shall comply with the City's Flood Protection Ordinance. 25. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 26. A grading plan shall be prepared by a registered civil engineer. The plan shall be submitted on 24" by 36" media and must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. Resolution No. 2001-68 - Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 5 Prior to issuance of any building permit, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approve on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by the trat phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE 27. The tract shall be graded to permit storm flow in excess of retention capacity to flow out of the tract through a designated overflow and into the historic drainage relief route. Similarly, the tract shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 28. Storm water runoff produced in 24 hours during a 100-year storm shall be retained on -site. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. Storm water produced during a 100-year storm shall not overflow onto street rights -of -way except through approved storm drainage conveyance locations. 29. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. 30. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. STREET AND TRAFFIC IMPROVEMENTS 31. The City is contemplating adoption of a major thoroughfare improvement program is in effect 60-days prior to recordation of any final map for this development, the development shall be subject to the provisions of the Ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 32. Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer using 24" by 36" media. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard Drawings, and as approved by the City Engineer. Resolution No. 2001-68 Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 6 Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans' design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section for use during development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. 34. The City Engineer may consider proposals by the applicant to stage the installation of offsite and tract -wide improvements with development of two or more final maps within the tentative map. 35. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. North -South Street and Interior Residential Streets - 32-feet wide between curbfaces, subject to approval by the City Engineer. B. Rancho La Quinta Drive - 36-feet wide between curbfaces. 36. Culs-de-sac streets shall have a minimum outside curb radius of 45-feet and a maximum center island curb radius of 5-feet unless otherwise approved by the City Engineer and Fire Marshal. 37. All streets proposed for residential or other access drives shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water flows without ponding in year and drive areas. Resolution No. 2001-68 — -- Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 7 38. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Community Development Director, the City Engineer, the CVWD, and the Riverside County Agricultural Commissioner. QUALITY ASSURANCE 39. The City is contemplating adoption of a quality -assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality -assurance program. If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures with meet the approval of the City Engineer. 40. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 41. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 42. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. Resolution No. 2001.68 Conditions of Approval - Final Amending Tract Map 27952 June 5, 2001 Page 8 43. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscape setbacks and retention basins until those areas have been accept3ed for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council (i.e., CC and R's). 44. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by the HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planing for routine and long term maintenance. FEES AND DEPOSITS 45. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISEELLANE 46. On- and off -site grading, drainage, street, lighting, landscaping and irrigation, park, gate and perimeter wall plans shall be submitted to the Engineering Department for plan checking. The plans are not approved for construction until they have been signed by the City Engineer. 47. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall traffic control devices and street name signs along access roads to those buildings. 48. Prior to recordation of the final map, the applicant shall submit the proposed street names (3/street) to the Community Development Department for approval. 49. A plot plan application and plans shall be filed and approved by the Director of Community Development for the two pool area improvements prior to issuance of building permits for said improvements.