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CC Resolution 2001-069RESOLUTION NO. 2001-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING PARCEL MAP 20469 TO ALLOW A CHANGE TO CONDITION #14 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR 17 SINGLE FAMILY AND GOLF COURSE LOTS ON APPROXIMATELY 693 ACRES IN RANCHO LA QUINTA CASE NO.: AMENDING PARCEL MAP 20469 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the of the City of La Quinta, California, did on the 5`" day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 14 of PM 20469 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 693 acres into 17 single family and other common lots, located on the south side of Avenue 48, north side of Avenue 50, west side of Jefferson Street and east of Washington Street in Rancho La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`" day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 14 of PM 20469 and on a 5-0 vote adopted Resolution 2001- 070 recommending approval, subject to findings and conditions; and WHEREAS, the Community Development Director of the City of La Quinta, California, did on the 18"' day of December, 1985, hold a duly noticed Public Hearing approving the subdivision of 693 acres into 17 residential and golf course lots, located on the south side of Avenue 48, north side of Avenue 50, west side of Jefferson Street and east of Washington Street, more particularly described as: Being a portion of the NE 1 /4 of Sections 3 and portions of Section 32, T5S, R7E, SBBM WHEREAS, Parcel Map 20469 was recorded with the County of Riverside Recorder's Office on January 30, 1987; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and Resolution No. 2001-69 Amending Parcel Map 20469 - Rancho La Quints 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 Amendment is 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 2 to 4 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. Parcel Map 20469 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. 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. 2001-69 -- Amending Parcel Map 20469 - Rancho La Quinta 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) and Environmental Assessment 98-357 for Specific Plan 84-004; 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 Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does hereby approve Amending Parcel Map 20469 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 h day of June, 2001 by the following vote, to wit: Resolution No. 2001.69 Amending Parcel Map 20469 - Rancho La Quints T. D. Desert Development June 5. 2001 Page 4 AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None JORWJVPEN�, Mayor City of La Quinta, California ATTEST: JU REEK, CMC, City < City of La Quinta, California (City Seal) APPROVED AS TO FORM: KAT�RINE JEN N, City AttorneyJEN N, City Attorney City of La Quinta, California RESOLUTION NO. 2001-69 CONDITIONS OF APPROVAL - FINAL AMENDING PARCEL MAP 20469, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL 1. Amending Parcel Map No. 20469 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)• 2. Amending Parcel Map No 20469 shall comply with the conditions and requirements of Specific Plan 84-004 as in effect at the time of recordation. 3. The final map shall not be recorded until Specific Plan 84-004 and Change of Zone Case No. 84-014 become effective. 4. Condition Deleted 5. The final map shall conform substantially with the approved tentative map as contained in the Community Development Department's file for TPM 20469 and the following conditions of approval, which conditions shall take precedence in the event of any conflict wit the provision of the tentative map. 6. Prior to submittal of the final map for plan check, the Applicant shall submit a master perimeter wall plan for the Community Development Department demonstrating that the perimeter lots are of sufficient depth to accommodate the perimeter wall setbacks as required by the conditions for SP 84-004. 7. Lot 17 (golf course) shall be divided into two lots in accordance with the approved phasing plan for SP 84-004. Streets. Grading and Drainage 8. The Applicant shall dedicate half -width right-of-ways in accordance with their general plan designation for Avenue 48, Avenue 50 Washington Street and Jefferson Street. The construction and phasing of the public street improvements shall be in accordance with the conditions of approval for SP 84-004. Resolution No. 2001.69 Conditions of Approval - Final Amending Parcel Map 20469 - Rancho La Quints June 6, 2001 Page 2 9. The Applicant shall develop all roads internal to the project in accordance with the design standards specified in the Specific Plan and the structural standards in effect at the time of map approval in conjunction with the phased implementation of the Specific Plan. All roadways within the Specific Plan area shall remain private. 10. The final map shall designate project entrances at the following locations: a• Washington Street at Eisenhower Drive b. Avenue 48 at Adams Street C. Avenue 48 near Dune Palms Road d. Jefferson Street approx. 1,220 feet south of Avenue 48 e. Avenue 50 at approximately the midway point of the project's frontage along Avenue 50. All other portions of the project's perimeter adjacent to public right-of-way shall be designated as restricted or no access. 11. Prior to submittal of the final map for plan check, the Applicant shall submit a preliminary internal street plan to the Community Development Department and Fire Marshal for review and approval. The plan shall designate alternate emergency accesses for culs-de-sac having lengths exceeding 550 feet and shall include a cross-section detailing construction of said emergency accesses. 12. Prior to approval of the final map, the Applicant shall submit a conceptual master grading and drainage plan for the entire site in accordance with the following requirements of the City Engineer and SP 84-04: a. The plan shall comply with the standards of the Uniform Building Code and other applicable Municipal Ordinances. b. Effort shall be made to minimize unnecessary grading and to preserve and utilize existing land forms to the largest extent possible. C. Grading for the proposed golf course shall take into amount the bank heights required to carry the design flow with the necessary freeboard. d. The Applicant shall coordinate with developments to the north and submit a master grade plan for Avenue 48. e. The Applicant shall coordinate with proposed developments to the north and submit a plan which considers the drainage from the north and west is channeled to the La Quinta Stormwater Evacuation Channel. Resolution No. 2001-69 —._ Conditions of Approval - Final Amending Parcel Map 20469 - Rancho La Quints June 5, 2001 Page 3 f. All single family pad elevation shall be protected from a 100-year storm. All drainage shall be contained on the site or channeled to the La Quinta Stormwater Evacuation Channel. 13. The Applicant shall comply with the requirements of the Coachella Valley Water District. a. Conceptual master plans for water and sewer facilities on the site shall be submitted for review and approval. b. The water system shall be installed in accord with the District requirements. The District will need additional facilities, which may include wells, reservoirs, and booster pumping stations, to provide for the orderly expansion of its system. The Applicant will be required to provide and dedicate to the District any land needed for these facilities. C. The sanitary sewer system shall be installed in accord with District regulations. The area shall be annexed to Improvement District No. 55 for sanitation service. 14. The Applicant shall comply with the requirements of the Imperial Irrigation District. a. Provision shall be made underground utilities to the extent feasible. b. 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. C. The Applicant shall provide a site for an electrical substation in accordance with one of the two following provisions: (1) Dedicate to IID a 330 feet by 330 feet site along the south side of Avenue 48, east of Adams Street in accordance with the District's requirements. (2) Prior to approval of the final map by the City Council, submit a deed or other proof of conveyance of property located at an approved alternate site to IID in accordance with the District's requirements. Resolution No. 2001-69 Conditions of Approval - Final Amending Parcel Map 20469 - Rancho La Quints June 5. 2001 Page 4 15. The Applicant shall comply with the following requirements for utility easements: a. Prior to submittal of the final map for plan check, the Applicant shall coordinate with all utility companies (including gas, water, sewer and electricity) to ensure that adequate provisions are made for on- and off - site easements for the provision of the future facilities. b. At the time of final map submittal, the Applicant shall provide the Community Development Department with letter from he applicable utilities stating that adequate provisions for future facilities are provided and that there are no conflicts with other easements. C. All easements shall be shown on the final map exhibit. 16. The Applicant shall pay a per -unit school development fee as determined by the Desert Sands Unified School District in accordance with the school mitigation agreements as approved by the La Quinta City Council and in effect at the time of issuance building permits. 17. The Applicant shall delineate and dedicate a 10-acre park site on the final map in accordance with City approval, unless other approved alternate recreational facilities are approved by the City as allowed by SP 84-004. 18. The Applicant shall satisfactorily mitigate archaeological concerns identified in previously conducted site surveys prior to initiation of grading. A qualified archaeologist shall certify as to the adequacy of mitigation measures prior to issuance of any grading (or related) permits. 19. The buried remains are encountered during development, a qualified archaeologist shall be contacted immediately and appropriate mitigation measures shall be taken. 20. Prior to the issuance of grading permits or any disturbance of the land, the Applicant shall provide for mitigation of the impact on the Coachella Valley Fringe -toed Lizard by complying with requirements of the mitigation agreement as approved by the City Council and in effect at the time of recordation. 21. The Applicant shall demonstrate the adequate provision has been made for non -automotive means of transportation within the project site as a means of reducing dependence on private automobiles. Resolution No. 2001-69 Conditions of Approval - Final Amending Parcel Map 20469 - Rancho La Quints June 5. 2001 Page 5 22. Specific project designs shall encourage the use of the public transit by providing for bus shelters as required by the Community Development Director and consistent with the requirements of local transit districts and the specific plan. 23. Tentative maps shall be designed to ensure compliance with the State laws regarding solar accessibility. To the extent possible, all structures shall be sited, oriented and designed so as to minimize the energy needs for cooling. 24. Prior to the issuance of grading permits or the approval of final maps, the Applicant shall submit a phasing schedule and map for the entire project, which shall include the phasing of off -site infrastructure, to the Community Development Director for review and approval in accordance with SP 84-004 and the following conditions: a. No lot shall be divided by two or more phases. 25. Applicant understands that the City has incorporated in 1982 and has not yet enacted a complete policy on exactions on new development to provide municipal improvements and facilities needed as a result of the cumulative impact of such new development; that the City is in the process of preparing and enacting such a policy, which will include uniform fees to be imposed upon new construction to fund the following public improvements and facilities: fire station, public safety facility, city hall par and recreation facilities, schools, drainage facilities, major thoroughfares, bridges, and traffic signalization; and, the City expects to enact said fees policy on or before December 31, 1984. Applicant agrees to pay said fee or fees in the amount and at the time enacted and from time to time amended by the City. To the extent that Applicant constructs specific facilities included within the fee structure, it shall receive appropriate credit, as determined by the City Council. If said fee shall financing of permanent or temporary school facilities, Condition No. 16 (school development fee) shall be deleted. 26. 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.