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2001 06 05 CCCity Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, June 5. 2001 - 2700 P.M. Beginning Res. No. 2001-56 Ord. No. 358 CALL TO ORDER ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a), PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 010827 2. CONFERENCE WITH LABOR NEGOTIATORS, MARK WEISS AND JOHN RUIZ, REGARDING AN AMENDMENT TO THE CURRENT MEMORANDUM OF UNDERSTANDING WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION CONCERNING INSURANCE BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER. NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of real property, persons identified as negotiating parties do not attend the closed session. City Council Agenda Page 1 June 5, 2001 IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT VII. RECONVENE AT 3:00 P.M. At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. 1. PRESENTATION BY THE SALTON SEA AUTHORITY REGARDING THE STATUS OF THE RESTORATION OF THE SALTON SEA BY EXECUTIVE DIRECTOR TOM KIRK. VITI11111111119Ti9 3 at41[d•]1G1*9Z•]11•1401834E•10]Tq IX. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF MAY 15, 2001. Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 5, 2001. 2. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29125. 3. AUTHORIZATION FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITY ASSOCIATED WITH TRACT 24890-1, KSL LAND CORPORATION. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 29348-2, TOLL BROTHERS, INC. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29858-1 RJT HOMES, LLC. City Council Agenda Page 2 June 5, 200002 XI 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28458-1, BELLA VISTA. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28458-2, BELLA VISTA. 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28458-3, BELLA VISTA. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28458-4, BELLA VISTA. 10. APPROVE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION REGARDING REPLACEMENT OF THE CITY'S INSURANCE PLAN FOR FISCAL YEAR 2001-2002. 11. APPROVAL OF A CONTRACT AMENDMENT WITH VALI COOPER AND ASSOCIATES TO EXTEND CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT 99-05, JEFFERSON AVENUE IMPROVEMENTS, PHASE I - AVENUE 54 TO HIGHWAY 111. 12. APPROVAL OF A CONTRACT AMENDMENT WITH BERG AND ASSOCIATES TO EXTEND CONSTRUCTION MANAGEMENT SERVICES FOR PROJECTS 98-19 A&B PROTOTYPICAL STREET AND 98-19 AREA C WESTWARD HO, ASSESSMENT DISTRICT 2000-1. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE COUNCIL MEMBERS AND CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM TO BE HELD JULY 25-27, 2001 IN MONTEREY, CA. 1. CONSIDERATION OF PARK NAMES. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CULTURAL ARTS COMMISSION'S 2001-2002 WORK PLAN. LTA II0to] 9:9i1:19q'J_[41INI11 3. CONSIDERATION OF COMMUNITY SERVICES COMMISSION'S 2001-2001 WORK PLAN. A. MINUTE ORDER ACTION 4. CONSIDERATION OF PLACEMENT OF 2001 CIVIC ART AWARD PIECE. Id11 IJiIIffll9:9010101:1:7[4v1ff* City Council Agenda Page 3 June 5, 20P O 3 5. CONSIDERATION OF FACILITIES USE POLICIES. A. MINUTE ORDER ACTION 6. CONSIDERATION OF THE LA QUINTA COURT ART FEATURE AND ART PURCHASE AGREEMENT. A. MINUTE ORDER ACTION 7. CONSIDERATION OF AN ADDITION OF ARTICLE XVI TO THE LEAGUE OF CALIFORNIA CITIES BYLAWS RELATING TO THE ESTABLISHMENT OF A LEAGUE GRASSROOTS NETWORK (LEGISLATIVE ADVOCACY). A. MINUTE ORDER ACTION B. CONSIDERATION OF A CONTRACT CHANGE ORDER TO REMOVE AND REPLACE IRRIGATION SYSTEM WITHIN PROJECT 99-05, JEFFERSON STREET IMPROVEMENTS, PHASE I - AVENUE 54 TO HIGHWAY 111. A. MINUTE ORDER ACTION 9. CONSIDERATION OF CONTACT CHANGE ORDER TO ADDRESS SIGNIFICANT INCREASE IN QUANTITIES FOR THE RECONSTRUCTION OF FIESTA DRIVE, PROJECT 98-19, AREA C, WESTWARD HO - ASSESSMENT DISTRICT 2000-1. I_�dill � l�ji�i7:U]q:7_[�I[U�I 10. SECOND READING OF ORDINANCE 357 - A ZONE CHANGE OF 19.64 ACRES FROM TOURIST COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL ZONE - PUERTA AZUL PARTNERS, LLC. A. ADOPT ORDINANCE 357 ON SECOND READING XII. STUDY SESSION 1. DISCUSSION OF OPTIONS FOR FUTURE USE OF CITY -OWNED FACILITY AT 51-351 AVENIDA BERMUDAS AND DISCUSSION OF MAINSTREET MARKETPLACE EVENTS. City Council Agenda Page 4 004 June 5, 2001 XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PERKINS) 3. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. DESERT SANDS UNIFIED SCHOOL DISTRICT AD HOC COMMITTEE (HENDERSON/ADOLPH) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 12. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 16. INVESTMENT ADVISORY BOARD MINUTES DATED APRIL 11, 2001. 17. CULTURAL ARTS COMMISSION MINUTES FOR APRIL 12, 2001. 18. COMMUNITY SERVICES COMMISSION MINUTES FOR MARCH 12, 2001. 19. COMMUNITY SERVICES COMMISSION MINUTES FOR APRIL 18, 2001. XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. REPORT ON WESTWARD HO PETITION FOR FIESTA DRIVE ROAD CLOSURE. 9. POLICE CHIEF 10. FIRE CHIEF DISCUSSION OF VILLAGE PARKING (SNIFF) RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. •ui1 This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS - NONE 005 City Council Agenda Page 5 June 5, 2001 XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. PUBLIC MEETING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2001/2002 A. MINUTE ORDER ACTION 2. PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 2001/2002 PROPERTY TAX ROLL. A. RESOLUTION ACTION 3. CONTINUED PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING COMMISSION TO DENY 1.) CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT ADDENDUM (EA 94-287 AND STATE CLEARINGHOUSE NO. 94112047); 2.) AN AMENDMENT TO SPECIFIC PLAN 94-025, ALLOWING A NEW PRIVATE ACCESS ROAD TO SERVE 10 CUSTOM LOTS ALONG THE NORTH BOUNDARY OF AN APPROVED MASTER PLANNED COMMUNITY OF 277 HOUSING UNITS; 3.) DEVELOPMENT OF A PRIVATE ROAD INTO HILLSIDE SLOPES EXCEEDING 20 PERCENT (CONDITION USE PERMIT 99-047) AND 4.) RECOMMENDATION TO APPROVE THE SUBDIVISION OF APPROXIMATELY 331 ACRES INTO FOUR PARCELS (TENTATIVE PARCEL MAP 28617) AND OTHER LETTERED STREET LOTS FOR PROPERTY LOCATED TO THE SOUTH OF THE QUARRY AND BISECTED BY THE FUTURE EXTENSION OF JEFFERSON STREET. APPLICANT AGIOTAGE LIMITED A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO CONSIDER CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, GENERAL PLAN AMENDMENT 2001-077 AND ZONE CHANGE 2001-100 TO CHANGE THE ZONING DESIGNATION TO VERY LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 240 ACRES WITHIN THE SPHERE OF INFLUENCE OF THE CITY OF LA QUINTA FOR SUBSEQUENT ANNEXATION FOR THE PROPERTY BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53 AND EAST OF THE EXISTING CITY LIMITS. APPLICANT NRI, LA QUINTA LIMITED PARTNERSHIP. A. APPLICATION HAS BEEN WITHDRAWN PUBLIC HEARING FOR TENTATIVE TRACT MAP 30136, A SUBDIVISION OF 18.94 ACRES INTO 62 SINGLE-FAMILY AND OTHER COMMON LOTS LOCATED APPROXIMATELY 1,200 FEET EAST OF MADISON STREET ABUTTING BOTH SIDES OF LEGENDS WAY AND WEST OF MOUNTAIN WEST IN PGA WEST. APPLICANT: SRHI, LLC A. RESOLUTION ACTION 006 City Council Agenda Page 6 June 5, 2001 6. PUBLIC HEARING TO CONSIDER CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41; GENERAL PLAN AMENDMENT 2001-078 AND ZONE CHANGE 2001-101 TO CHANGE LANDS CURRENTLY DESIGNATED TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL; SPECIFIC PLAN 121-E, AMENDMENT #5 ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE CONSTRUCTION OF 65 SINGLE FAMILY HOMES, COMMON AREA FACILITIES AND AN AMENDMENT OF THE LANDSCAPING PLANT PALETTE; SITE DEVELOPMENT PERMIT 2001-703 FOR THE DEVELOPMENT PLANS FOR THE MODEL HOMES; AND TENTATIVE TRACT MAP 30125 FOR THE SUBDIVISION OF 17.82 ACRES INTO 65 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS, FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL DEVELOPMENT CORPORATION. A. RESOLUTION ACTION(S) B. READ BY TITLE ONLY AND WAIVE FURTHER READING OF ORDINANCE C. INTRODUCE ORDINANCE PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 2001-421 CERTIFYING A MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT 2000-073 TO PERMIT OVERHEAD UTILITIES TO REMAIN ON 94 Kv JOINT -USE TRANSMISSION POLES; 2.) AN AMENDMENT TO SPECIFIC PLAN 84-004, UPDATING THE LAND USE PLAN AND UTILITY UNDER -GROUNDING REQUIREMENTS FOR RANCHO LA QUINTA ON 723 ACRES; 3.) AMENDING SUBDIVISION OF 283 ACRES INTO 265 SINGLE FAMILY AND OTHER COMMON LOTS; AND 4.) AMENDING ALL SUBDIVISION MAPS WITHIN RANCHO LA QUINTA TO ELIMINATE THE UNDER -GROUNDING OF OVERHEAD UTILITIES ALONG ARTERIAL STREETS FOR PROPERTY BOUNDED ON THE NORTH BY AVENUE 48, ON THE SOUTH BY AVENUE 50, ON THE WEST BY WASHINGTON STREET AND ON THE EAST BY JEFFERSON STREET. APPLICANT T.D. DESERT DEVELOPMENT. A. RESOLUTION ACTION XIX. ADJOURNMENT - The next regular meeting of the La Quinta City Council will be held at 2:00 p.m. on Tuesday, June 19, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 007 City Council Agenda Page 7 June 5, 2001 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of June 5, 2001, was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, June 1, 2001. DATED: June 1, 2001 J NE S GREEK, CIVIC — Cit Jerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. e City Council Agenda Page 8 June 5, 2001 La. v �5 cF�oro�' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: JUNE 5, 2001 ITEM TITLE: Demand Register Dated June 5, 2001 RECOMMENDATION• Approve Demand Register Dated June 5, 2001 BACKGROUND: Prepaid Warrants: 45366 - 45381) 690,941.93 45382 - 45384) 589.12 45385 - 454031 3,678.59 45404 - 45405) 5,682.50 45406 - 45411) 6,553.43 45412 - 45420) 27,210.05 Auto Mall Cks} 45,873.11 Wire Transfers} 194,139.00 P/R 6879 - 70161 177,174.72 P/R Tax Transfers) 53,093.71 Payable Warrants: 45421-455591 1,189,154.82 $2,394,090.98 FISCAL IMPLICATIONS• Demand of Cash -City $1,985,000.45 Falconer, Finadce Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY DEMANDS RDA DEMANDS $1,985,000.45 409,090.53 $2,394,090.98 009 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 5/1/01 - 5/30/01 CHECK # 1030 STAMKO DEVELOPMENT $45,873.11 TOTAL TRANSACTIONS $45,873.11 010 002 CITY OF LA QUINTA BANK TRANSACTIONS 5/9/01 - 5/30/01 5/11/01 WIRE TRANSFER -DEFERRED COMP $6,211.03 5/25/01 WIRE TRANSFER - DEFERRED COMP $6,211.03 5/11/01 WIRE TRANSFER - PERS $11,341.63 5/25/01 WIRE TRANSFER - PERS $10,987.31 5/11/01 WIRE TRANSFER - CREDIT UNION $5,372.00 5/25/01 WIRE TRANSFER - CREDIT UNION $5,546.00 5/09/01 WIRE TRANSFER - RDA ESCROW $50,000.00 5/09/01 WIRE TRANSFER - RDA ESCROW $23,470.00 5/24/01 WIRE TRANSFER - RDA ESCROW $25,000.00 5/30/01 WIRE TRANSFER - RDA ESCROW $50 000 00 TOTAL WIRE TRANSFERS OUT $194,139.00 Oil 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:21PM 05/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45421 05/29/01 &01418 GLENDA LUDWIG 34.00 45422 05/29/01 &01419 KAY RAVENEL 50.00 45423 05/29/01 &01420 VACATION POOLS 72.00 45424 05/29/01 &01421 MEG PENDERGRAPH 4.00 45425 05/29/01 &01422 DENISE BERG 20.00 45426 05/29/01 &01423 STEVE DODSON CONST 235.00 45427 05/29/01 &01424 MYRNA MANN 2.00 45428 05/29/01 &01425 LA JOLLA LOANS 260.00 45429 05/29/01 &01426 FRED CRANE 22.00 45430 05/29/01 &01427 BONNIE KODESCH 22.00 45431 05/29/01 &01428 DIANE TAYLOR 22.00 45432 05/29/01 &01429 LAVINIA YOUNG 22.00 45433 05/29/01 &01430 TD DESERT DEVELOPMENT 50.00 45434 05/29/01 AAA100 AAA SEASONS 3105.00 45435 05/29/01 ACE010 ACE HARDWARE 22.19 45436 05/29/01 AEP010 AEP 180.00 45437 05/29/01 AGI100 AGING COMMUNITY TEAM ACT1 50.00 45438 05/29/01 AME200 AMERIPRIDE UNIFORM SVCS 116.54 45439 05/29/01 AND050 ANDY'S AUTO REPAIR 1849.34 45440 05/29/01 ANI050 ANIMAL CARE EQUIPMENT 150.50 45441 05/29/01 ARB100 ARBOR TECH SERVICES 150.00 45442 05/29/01 ARC100 ARCH 46.46 45443 05/29/01 ASCO01 A & S COFFEE SERVICE 315.50 45444 05/29/01 AVA100 AVAYA INC 1239.80 45445 05/29/01 BEA100 BEAUMONT KAWASAKI 100.07 45446 05/29/01 BER150 BERRYMAN & HENIGAR INC 8119.57 45447 05/29/01 BIO100 BIO TOX 251.00 45448 05/29/01 BRI100 BRINKS INC 275.40 45449 05/29/01 BUN100 BUNDLE BANDS 25.50 45450 05/29/01 CAD010 CADET UNIFORM SUPPLY 116.61 45451 05/29/01 CAL015 CALIF BUILDING OFFICIALS 250.00 45452 05/29/01 CAL127 CALIF ASSOC OF MUSEUMS 340.00 45453 05/29/01 CAR300 CARQUEST 219.24 45454 05/29/01 CDW050 CDW GOVERNMENT INC 322.56 45455 05/29/01 COA081 COACHELLA VALLEY WATER 51975.00 45456 05/29/01 COM055 COMMUNICATIONS CENTER 156.86 45457 05/29/01 COO100 COOLEY CONSTRUCTION INC 148216.50 45458 05/29/01 COS050 COSTCO BUSINESS DELIVERY 362.17 45459 05/29/01 COU350 COUNTRY CLUB OF DESERT 270.00 45460 05/29/01 CRM100 CRM TECH 3140.00 45461 05/29/01 DAN200 DANONE WATERS OF NORTH 487.07 45462 05/29/01 DES019 DESERT FIRE EXTINGUISHER 115.00 45463 05/29/01 DESO40 DESERT JANITOR SERVICE 4831.71 45464 05/29/01 DES060 DESERT SUN PUBLISHING CO 926.72 45465 05/29/01 DES065 DESERT TEMPS INC 5604.20 45466 05/29/01 DI1050 CHRISTINE DIIORIO 374.84 45467 05/29/01 DLO100 DLO ENTERPRISES INC DBA 2625.92 012 OG4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:21PM 05/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 45468 05/29/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 61.26 45469 05/29/01 DRU100 DRUMMOND AMERICAN CORP 358.62 45470 05/29/01 EISO10 EISENHOWER IMMEDIATE CARE 385.00 45471 05/29/01 ELM100 ELMS EQUIPMENT RENTAL INC 1267.40 45472 05/29/01 EQUO10 DALE EQUITZ 50.00 45473 05/29/01 EXP200 EXPRESS DETAIL 790.00 45474 05/29/01 FEDO10 FEDERAL EXPRESS CORP 341.24 45475 05/29/01 FER200 FERRIS, JOHNSON & ASSOC 12720.00 45476 05/29/01 GASO10 GASCARD INC 78.00 45477 05/29/01 GAT020 GATEWAY BUSINESS 3323.08 45478 05/29/01 GCSO10 GCS WESTERN POWER & EQUIP 1097.44 45479 05/29/01 GLO050 GLOBAL EQUIPMENT CO 150.44 45480 05/29/01 GRA010 GRANITE CONSTRUCTION CO 686195.60 45481 05/29/01 HARO10 HARRIS & ASSOCIATES 2070.00 45482 05/29/01 HEGO50 JIM HEGGE 1086.00 45483 05/29/01 HIGO10 HIGH TECH IRRIGATION INC 3203.53 45484 05/29/01 HINO10 HINDERLITER, DE LLAMAS 1490.55 45485 05/29/01 HOA010 HUGH HOARD INC 2368.92 45486 05/29/01 HOM030 HOME DEPOT 1702.26 45487 05/29/01 IMP100 IMPACT SCIENCES INC 9496.23 45488 05/29/01 INF030 INFORMATION RESOURCES 825.00 45489 05/29/01 INT015 INTERNATIONAL CONFERENCE 29.00 45490 05/29/01 INT018 INTERNATIONAL PERSONNEL 223.00 45491 05/29/01 JAS100 JAS PACIFIC 16614.82 45492 05/29/01 JIF100 JIFFY LUBE/AFMS 59.84 45493 05/29/01 JOB020 JOBS AVAILABLE INC 110.40 45494 05/29/01 JPRO10 JP REPROGRAPHICS 710.93 45495 05/29/01 JUDO10 JUDICIAL DATA SYSTEMS COR 197.20 45496 05/29/01 KEI010 KEITH COMPANIES 1066.00 45497 05/29/01 KIN050 KINKO'S 166.01 45498 05/29/01 KIN100 KINER/GOODSELL ADVERTISNG 9856.53 45499 05/29/01 KRI100 BRUCE KRIBBS CONSTRUCTION 4231.00 45500 05/29/01 LAI030 LAIDLAW TRANSIT INC 505.55 45501 05/29/01 LAQ040 LA QUINTA CHAMBER COMMERC 50.00 45502 05/29/01 LAQ400 LA QUINTA NURSERY 2350.00 45503 05/29/01 LOCO10 LOCK SHOP INC 38.99 45504 05/29/01 MCDO10 MC DOWELL AWARDS 223.01 45505 05/29/01 MIRO10 MIRASOFT INC 52.50 45506 05/29/01 MOM100 MOM'S GAS STATION 1084.86 45507 05/29/01 NAT015 NATIONAL COUNCIL ON AGING 125.00 45508 05/29/01 NAWO10 RON NAWROCKI 4900.00 45509 05/29/01 NIC101 NICKERSON & ASSOC INC 4552.50 45510 05/29/01 OFF005 OFFICE DEPOT INC 153.24 45511 05/29/01 OLI100 OLINN MESSAGE CENTER 101.59 45512 05/29/01 OMN100 OMNI LOS ANGELES HOTEL 253.30 45513 05/29/01 OWE020 OWEN & BRADLEY 1100.83 45514 05/29/01 PCR100 PCR 21040.00 45515 05/29/01 PET005 CASH/PETTY CASH 190.50 45516 05/29/01 PICl00 PICKENS FUEL CORP 7.54 013 Q 6 5 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE CHECK REGISTER BANK ID: DEF VENDOR NO. NAME 2:21PM O5/29/01 PAGE 3 PAYMENT AMOUNT 45517 05/29/01 POS030 POSTAL CONNECTION OF 45.25 45518 05/29/01 PRE015 THE PRESS -ENTERPRISE CO 2019.73 45519 05/29/01 PRI016 PRIME -STRIPE INC 85.95 45520 05/29/01 PR1020 THE PRINTING PLACE 704.12 45521 05/29/01 RAD050 RADIO SHACK 21.48 45522 05/29/01 RALO50 RALPHS GROCERY CO 224.06 45523 05/29/01 RAS020 RASA - ERIC NELSON 2720.00 45524 05/29/01 RBF100 RBF CONSULTING 5717.96 45525 05/29/01 RESO11 RESOURCE DIRECTORY 46.95 45526 05/29/01 RIV020 RIV CNTY AUDITOR-CONTROLR 758.00 45527 05/29/01 RIV080 RIVERSIDE COUNTY HEALTH 935.00 45528 05/29/01 RIV100 RIVERSIDE COUNTY SHERIFFS 23411.20 45529 05/29/01 ROSO10 ROSENOW SPEVACEK GROUP 26872.95 45530 05/29/01 RUI100 JOHN RUIZ 45.81 45531 05/29/01 RUTO50 RUTAN & TUCKER 53362.17 45532 05/29/01 RZC100 R-Z COMPANY 800.00 45533 05/29/01 SAWO10 STAN B SAWA 969.05 45534 05/29/01 SAX100 SAXON ENGINEERING SERVICE 1920.00 45535 05/29/01 SEC050 SECURITY LINK/AMERITECH 130.00 45536 05/29/01 SMA010 SMART & FINAL 195.46 45537 05/29/01 SNE100 ROGER SNELLENBERGER ASSOC 2000.00 45538 05/29/01 SOCO10 THE SOCO GROUP INC 287.88 45539 05/29/01 SOU007 SOUTHWEST NETWORKS, INC 4390.00 45540 05/29/01 SOU100 SOUTHLAND GEOTECHNICL INC 739.00 45541 05/29/01 SOU203 SO CAL CITY CLERKS ASSOC 30.00 45542 05/29/01 STA045 STAN'S AUTO TECH 415.39 45543 05/29/01 STA050 STAPLES 857.72 45544 05/29/01 STA150 STATER BROS 135.58 45545 05/29/01 SUN070 SUNLAND SCREEN & AWNING 927.00 45546 05/29/01 SUN080 SUNLINE SERVICES GROUP 1509.81 45547 05/29/01 TKDO10 T.K.D. ASSOCIATES INC 205.72 45548 05/29/01 TOPO10 TOPS'N BARRICADES INC 75.25 45549 05/29/01 TOP100 TOP OF THE LINE SIGNS 87.50 45550 05/29/01 TRI100 TRI STATE LAND SURVEYORS 4700.00 45551 05/29/01 USO100 US OFFICE PRODUCTS 1371.61 45552 05/29/01 VOG050 CHRIS A VOGT 64.03 45553 05/29/01 WEL150 WELTY'S POSTAL CONNECTION 3.20 45554 05/29/01 WES020 WEST GROUP 43.00 45555 05/29/01 WES100 WEST END UNIFORMS 725.63 45556 05/29/01 WINO10 WINSTON TIRES 132.88 45557 05/29/01 WOR100 WORLDCOM 1550.00 45558 05/29/01 XERO10 XEROX CORPORATION 2816.48 45559 05/29/01 YOU100 YOUNG ENGINEERING SERVICE 8901.00 CHECK TOTAL 1,189,154.82 014 1.U5 QZ O a F O Z � N \ O ry (il 2 E N N N N N N N N N N d d m F F E F F f F E F F f F F F F F O N O O O O O O O O O O O O O O O O Z F 4 £ a a 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 F a F a v m z 0 z o o 1 w w N w r £ e Z o O N �n M ry a 41 o �O F a Iv ry F a O m O m ❑❑ 0 0 E a E Q N Q ❑ O N > 0 N 0 a O a u3i a a lu-I .u. a a rn Z Z Q Q a s > Q E E E F Z z Z 0 z 0 2 F 2 f ❑ 0❑ O 0 z O ££££ a a a a W 2 O Z O N v1 4 O O Q F F Q .u+ 4 m q a m d d q Q u Q m Q m Z O a ❑❑ a f O m 1 m 1 0 ££ O O 0 0 O U V U O N O z 0 m ❑ f O a w 1-1 U U E U U F m a a a F V F O F ❑❑❑❑ F Q F a F u F U a uxi cxa a 0 m uxi a 0 a 0 0 a x a 0 0 m m m m a u 0 Z a u ❑❑ z z Z O z m Z Z ❑ Z O z ❑ Z z ❑ z Z Z ❑❑❑❑ Z Z z 0 Z Z ❑ Z 0 ❑ z z 0 z ❑ Z 0 z ❑ z .. m w >> W W> w m W o W> w o❑ W W> w � W> w o w W> � W o W 0 W o w W> ❑� W> ❑ W> w � W> w ❑ W ❑ w w w w w w w � w w w w w ril w w U❑ a rv) rl N N� O U > 1 > w m rl 1'1 r1 N O 1 O I I(I N I N 1 N I N I N N N1 Z O O O O O O O r r r r O O O ❑ O O O O O O a a z Q w m m a 1 o f 0 w a c V c c O O O O O O O O O O m £ z ri m r� m m N N n rvi rvl E z v o o 0 v 0 o 0 o 0 v 0 v 0 v 0 v 0 c 0 o 0 c 0 o 0 v 0 v 0 v 0 O U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M o z z z z n x qCa O U O V U U m 2 O O (� 0O O z0 0 O 61 w Q E ❑❑ ❑ O w Z w Z a z m z a w ❑ a w m m 0❑ o m 0 m 0 0 m 0 0 z z a w Z ad ❑ O x 0 0 z ❑ 0 0 0 a ¢ a Z z Q u Q u c� z >>>> w w w w Z a b ❑ w z z F� 0� �� >> E m z O > m m m rn o o .+ N rh M N m m c �n �o r 015 O u Q T U doa oa c on c o w v 0 w v 0 v 0 v 0 w 0 w c 0 w v 0 a v 0 w e 0 u v 0 w v 0 u r)67 a O 0 F Z m N \ N vt S U m m m v v v O� rn O� m a m I'J 4 �Il Jl Jl Jl u'1 �Il � N i(1 JI J1 � Jl Jl Jl £ Q m F F E F E F F E F F F F F F F d d O N 0 0 0 0 o m o o r r m m m o 41 Z N N O ✓1 O N O O m m m m �O �n O Q i N d a 0 0 0 0 o N o o < v N F N Z N O F F �Il N O O �O 01 N a N O N �fl 2 Z O N m �Il 3 m F F Z Z W F F Q m Q m 6 a s W t,� Q Z Q ❑ 4 4 4 Q Z F a F a F d E 41 41 E U' F p F F a Q a 4 F O O ❑ O 0 0 C O C C O O O O O �. c d d 0 4] F U F U O a C C a IU-I a a fXi] C 41 C a p a F a x a S a a a m O O O O > H 0 0 N O m 0 O �.] W W W O O u] > a z z z z❑ a O❑ C❑ a❑ ❑ ❑ u u 0 u 0 u M rZi N w p w O w 7 w O O w d w m w m w U] N w W d fil > W > W > W > > Y > £ > £ > F H > S m S S > d ❑ 4] 41 W m m W (il til a 4 41 W W 4] ❑ 41 W U fil O fil \O U� l0 N J1 rvl b Z Z£ ❑ O N N m �(1 �.] N N Y 4 Z < d a m m m a I o o W F a m m r o 0 o m m rn m �n o 0 0 £ ❑ r r m m m m rn m m m m m m Z m m ry o m o 0 0 F Z O O O l0 N N N m 'J O O O �I1 Jl O O O O O O O O O O O O � 4 0 N 0 ry 0 '-i 0 0 o .y c N o ti 0 ti 0 ti 0 .y 0 Jl 0 J1 0 Y1 0 J1 o F F U 4 u u F > > F 0 0 0 o a a a a d cil F .. ✓z 1.1 4] 4l 4] OI 4 a C a m 41 a Z O p p U] m a ❑ O O O O fil z z Q £ 4] 4] F F F F a 41 F N J+ F O O 3 £ p p O O>> Q a a a a u m F a a¢ a a s 4❑ m �� a d d m m w m a d Q m' O z Q o > a H gg 2 u a d a a 4] �d 41 �d z a z a z❑ a a F a 016 E W Z O > m m O O O O 0 0 0 0 O o 0 0 0 D NP m O O 1 .-I O O O 1 n I I I O %+ P < O O N N O O O O O O F .� .-I .y g fil d F W W ❑❑❑❑ a u b b b a a a �d 3 a a a a a �G8 F 2 O m N \ m V O 41 O x U F 4 N �n N in �n m N �n N ✓1 N �n N �n N �n N �n N in N �n N �n N �n N �n N �rl N �n N N ,n N N �n �n £ Q a d m F F F F E F F F F F F f F F F F F F F F O N Z w F Z O 01 m N N m �p m �O r m ✓t dQ ti y ti N ti ✓1 0 �n m o �n o 0 N 0 �Il e m m o O rn N .y F Z � m N + ti m N w £ F F m a w s N F N N F N Q w N m N Z f U N V N m w a U Z a E f Q F a �"� F a �+ a ¢ F £ a F a O a O a > > > > > > > > > Q ❑ O ❑ O a > F m m O O F N w O F O o. 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Q o a o 0 o Q o 0 ti ill rl rl ti N V e m m m a a a z b o 0 0 J U U m N N Z O Z Z Z fil w 4] O W m L1 L1 m m m m F ❑ il Z.] u Q Q t V Z z Z a o 41 F m m m Q S 4] G1 41 a z Q m F F F F m ❑ m 4 Q 4 b rt O Z z Y b b ti ti .7 ❑ J J O O a a a m z m m F E F F F F F 4 Z O 0 > o o O o 0 0 0 0 o o 0 0 0 O p Z Z ❑ b b t+ ri �+ OF Q U N h E F F F F m r m P o N P o m a P P P P o 0 o m r r N N N F F F F F F F F F F F F P m m O P o m m o e P m m o 1 c N Jl P P ul m ry 1". v) N ✓) m P m P O P �D N U1 m N m tli m N fn m m Ul b b b b b b b b b b b b b b b b b b b b a b b b J J J J J J J J J J J J m m m m m m m m m m m m o ry r P r o N N N l0 P (1 O m m f1 r r N b b b b b m m b Od O' O d U U U U U U U U U U U U 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r r r r r r N O �() O O �Il ill O ✓1 O ill ✓1 O e P e P P e N ti P P e N 0 0 0 0 0 0 0 0 0 0 0 0 F F F F F F F F F F F F U U U U V U U U U U U U J J J J J J J J J J J J ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a a a a a a a a u U W u U U M W W U W u u u m m Y.Ur .U. .U. H H W W W W W W W W W W W W 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m m J J J J J J J J J J O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m m J J J J J J O J J 0 0 0 032 024 Q r r r m m r r r m m r o r m m o r F Z 0 m N �\ S ✓1 U .y .y .y N N P P C O� O� v v .y N N ti v O� .� O N Z F m o 1� N o a q ti m N m o O m m o m m o N o m m o m m N N O 10 �O P N m JI m m a a .� ❑ a a a a m a U 4 Q 4 0 6 Q 4 Z F F F O F F E V F a V) F m O O O O O O o > O L. m 0 L] F E F 4 F F F m F 4 Q F Y M a N fn N N UI VI VI m N N a a a Z a a a F a 4l a s L] 0 41 41 41 41 G1 LI L1 4] 4] N o w 0 o a o 0 0 0 w o O u > a r1 ❑ U❑ z❑ 0❑ 4] ❑ O Z❑ a V) L) a Z U a a a a a a .] a a a Z Q Z N Z w Z S Z N Z a Z I -I N d �. a d �. Dr �. a 0, d 4] V ❑ Ll rr V) U V7 V) 41 4] ❑ r� r� > Z m a a a a a m m a w a> a> a> a> F> a> F> a a> Q pU OU �. U 41 ❑ a N r �O 1� m O� Jl �O 01 O� N m � z> ❑ >M m7 om mm om rr 0 N N Olm 0 z£ a O a 0 0 a 0 u U U U u U U u rv� U U 0 0 ❑� O O O O O O O O O ul J1 O X O O fa �L Q Z O Q m m m a o o w E a O o O O .-I N o m o 0 0 o n 0 0 £ o 0 0 o m m o O 0 z 0 0 0 0 0 F U 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z w O � F > U a Z N m N In UJ m m N (n m VI VI Z O F F F F F F F F E F p y O V U U U U V U U U U U £ Z Z UO O z vi 0 0 0 0 0 0 m> 0 0 a �. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O O a O F F a Q o 0 0 0 0 0 0 0 0 o a a a a a a a a a a E F w o o H 41 m z ul u] u u m m w u N M U » YU U U a o pu .m. x c� Q Q a 0 0 0 0 0 0 0 0 0 0 F F E m a 0 0 Z Q O to V) U] m U1 to N N UI (/I S V) V) L] Z O m Lai O F w Lzj m m m m m m m m 0 0 V 3 3 3 3 3 X X �, 033 Z O > o 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 O O O O O O O O O O I O N O N O u N 0 0 0 0 0 0 0 0 0 0 0 z m s a o U m m m m !n VI U1 N m to O 4] 4] 4] > 3 3 3 3 3 X X 025 z m a r x o F Z O O N O \ N 5 u) U O fl F N £ a m E d d O N O N Z F 4] Z m m O o .+ a o a c F m O E E Z ❑ > Q 4 Z m F d O O U F U r-� d fil 5 > z U ❑ Z U Z N Z fil a > > I ❑ a N d ❑ fl d U OI O C a O fil O Z ON Z £ m �-I ❑ I -I O r� Z O ❑ o Q Z d a 0 ❑ w a i o o d F m r t� v m �n £ Z o m F 2 O N m U U a o m U m ❑ N m O U' O y h d Q a m I Z Q 4l F lJ a z z a o d a a S o z 00 > o o o� U F ❑ U F 034 026 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 10:21AM 05/24/0' PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45412 05/24/01 COA080 COACHELLA VALLEY WATER 12122.08 45413 05/24/01 DIA100 DENISE DIAMOND 75.00 45414 05/24/01 GABO50 GABRIEL'S WROUGHT IRON 13425.00 45415 05/24/01 IMPO10 IMPERIAL IRRIGATION DIST 317.51 45416 05/24/01 LAQ050 LA QUINTA CITY EMPLOYEES 312.00 45417 05/24/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 45418 05/24/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 45419 05/24/01 UNIO05 UNITED WAY OF THE DESERT 179.00 45420 05/24/01 VER200 VERIZON 202.96 CHECK TOTAL 27,210.05 035 027 F Z O v N \ �(1 S U U' U' U' U' U' U' U' U' V• U' U' O� O� O+ O� O t^ V 4 !J Y fil Y C til til til til til ❑ m T m m 4: [.: 0 o f Z F o 0 o r rn ri o o m ry o �n o o I til 2 r r r r 4 0 £ r N N m o 0 0 0 0 0 N N �n �n N r ❑ ❑ ry ❑ �o N a � o ill m r O N f•1 � I 3 4] m x V1 x N ❑ a m a U a Z Z il F 4 a Z Q E U Z Q F > G 4 E U U U Q F a s F a O 4 F Q l9 4 F ❑ 4 E O 0 o E a G F u G E > m > y > m o F o F o F o F o F 0 F a V > U > U > U > u > U > C O a C [Q.] C N N M O > I -I C m m w m v� N O ❑ a O ❑ C 4 O ❑ C a a G ❑ N O ❑ N - O ❑ N G ❑ N O O N o NU N m fil C fil a 4] a L] a L1 C 41 Z 4] w > Z w f Z fil F U F U f U Z 4] O Z w ❑ Z ❑ Z ❑ Z w F tv ❑ F a¢ F F a¢ F F a¢ F> Q> m L: w w Z N ril a a a \ \ U w ❑ O a fil O o Pl O 0 N O o N m r ro ."'. o O •+ > ¢ ❑ N£ o r 0 0 0 0 r 0 0 1 z o 0 0 0 N o 0 o r Y Q Z a a m a m a O O tv F tail o') ON'1 m JNl m m o o ��� o O o o m o £ 'L t�f �O t'1 �O M �D O l[] nl \() f1 m m •-� N m N lO ry l0 N l0 N N N N N N N N N �O O �O F Z P c P v c c• O c <' e O v c c O O O O v m O e c c o 0 0 o v �o U a 0 F 0 0 0 .-I 0 .. 0 ... 0 .y 0 .+ 0 .. 0 .. 0 .J 0 .. 0 .. 0 .. 0 ... 0 .. 0 .. 0 C C a m a a Z F h F m E m m til o a S i O Z F V F F F F F F � ❑❑❑ N Oa V a m n a 3 a 3 Q 3 a 3 Q 3 a 3 z 0 Z 0 Z 0 a a a a a a a a a a a a a a ❑ z 0 o � u O N F �. E z m W I >>>>>> £ 3 C C a U U ? m F a Z Q a 4 a Q a a a a a q .] .I ❑ m - a a a F H a a a• a 3 Q❑ [a.] ta] W f+a] [a] (a] {.� 4 a a Z F Z Z ON Q C U U V V U U a a a a a a zo m s> 0000ao >a 036 Z G ❑ mm O❑ mm O O O O 0 ❑ 1 O -I- O O O O c 0 1 0 o 0 00 0 O T F O 0 O 0 O 0 O 0 O 0 O 0 a O m O a O a O a O d O > a O �' N m N C O a u u u u u u u o u I£ 9 z m > >> 028 Z m m a o F Z 0 Q N \ N 2 0 41 F £ £ 4 d 0 ti Z F £ O rl v Y O N a £ d a N N a O Q N F O E F Z £ fil L1 £ O a Y O Q 4 Z £ F d O O il Z F U E O U d > a O E N O > a a o Z U 0 Z m Z 4] d O > > I O a S m I-i d m u d U � o a N N a o 0 m > > m N N L Z Z O Y Q Z d a m m a � O O d F K N O L1 m o m � o £ z m m � m F Z m rvi O N � U U Q O o N O O N d a I Q fil F a z z a m o 0 a a d a o a s a o m ra Z 0 > o 0 O o 0 O Y N N V F a a U a V > > > > 037 029 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK NUMBER 45406 45407 45408 45409 45410 45411 09:13AM 05/22/01 PAGE 1 CHECK VENDOR PAYMENT DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 05/22/01 CAL016 CA ASSEMBLY OF LOCAL ARTS 05/22/01 COA080 COACHELLA VALLEY WATER 05/22/01 LAQ330 LA QUINTA COMM MEDICAL 05/22/01 LOR100 LORMAN BUSINESS CENTER 05/22/01 USPO10 U S POSTMASTER 05/22/01 VER200 VERIZON CHECK TOTAL 12.50 86.01 5000.00 239.00 1140.00 75.92 6,553.43 m i 030 z 4 - a O F z 0 \ N C9 U U 0 U U t9 Qn m F F F F E F F 0 0 0 0 .. ❑ o o ry O Z F )+ O O N 0 0 0 o ry O N Z O K C a a a F a m a a a 4 a m 4 x q a O 0 0 z 0 0 0 0 0 0 u U a a >> a z a s m a > a O F u O m m m o m 0 m o m o > a Z❑ 0 w❑ Q❑ U❑ ❑ m z z F z .z. y E 4Z1 4z] (z.] a 4zi Iz.1 z t,� N > F F > > £ > m > O > ❑ m Q Q O x m £ 3 3 U m m m 4 u U L1 O O a o o m o❑ ❑ m > > m O b z z s o o rn ❑ m r r F z m o io ❑ � � m H Y Q Z a q m m m a I O F a o 0 0 0 0 0 0 m o 0 0 0 0 0 0 m o 0 0 0 0 0 0 £ z ri n n rn n m F Z H N N N .y rl m ul O O O N �/1 ul O N N N 41 ti N rl U U ✓� a o 0 0 0 0 o c m F a a a s a a 4 4 a F H U H m U 3 3 ❑ [z� O O 4] U �n rn m m a o a E m w 4 > �U i+ > rzi N 4 m Q 4 z £ a s E m N m F 4 a s Z m Z N OI m S S m 4 G N a 4 a 4 0 a s m z a U OU m Z U a m > F il z 0 0 > m o 0 o O o 0 F O q O O 4 O N tai Q U U U U a a m > 1. 039 031 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:18AM 05/17/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45404 05/17/01 LAQ074 LA QUINTA PALMS REALTY 45405 05/17/01 WES009 WEST COAST TRANSPORTATION CHECK TOTAL PAYMENT AMOUNT 5000.00 682.50 5,682.50 040 N ¢Z a O F Z O r .v ✓� U (� U O LI F E f U 4 m I.1 Q a m F F b O O O O F O •� Z E 4] 2 O N N Y O O �O 1p a i ul O O O J1 O q �+ O o E m z a o E 3 Z Q F fil a s z d E O F d O U O d o m E E U F F z d f a a d > a 0 F D Z z N Q d 4 41 fu 'y V 4] o a a o r.� m m o m Q Z d Q m (il m a o o � E a o 0 m o 0 m o 0 E Z m O e r F � O N O m N U U n Q O O Z O F F Q •a E a a o a d o m � m Z d q Q a F I F d F 41 F Q m IZi Z O a z m m a 3 F d 4 O > 0 r o O Y o 0 U d m 4 u a 3 041 D 3 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 09:04AM 05/16/01 PAGE 1 PAYMENT AMOUNT 45385 05/16/01 ABE001 JACQUES ABELS 150.00 45386 05/16/01 ANDO10 ANDERSON TRAVEL SVC INC 152.50 45387 05/16/01 BOB100 BILL BOBBITT 50.00 45388 05/16/01 BUTO10 RICHARD BUTLER 150.00 45389 05/16/01 COA080 COACHELLA VALLEY WATER 83.83 45390 05/16/01 ELRO10 EL RANCHITO 256.18 45391 05/16/01 IRW020 BARBARA IRWIN 50.00 45392 05/16/01 KIRO10 TOM KIRK 150.00 45393 05/16/01 MIT150 MICHAEL MITCHELL 50.00 45394 05/16/01 NEXO10 NEXTEL COMMUNICATIONS 1577.98 45395 05/16/01 PUE050 MARIA L PUENTE 50.00 45396 05/16/01 REY055 FRANK R. REYNOLDS P.E. 50.00 45397 05/16/01 ROB150 STEVE ROBBINS 150.00 45398 05/16/01 SHA050 ARCHIE SHARP 50.00 45399 05/16/01 SPRO10 SPRINT 73.62 45400 05/16/01 TYL050 ROBERT T TYLER 150.00 45401 05/16/01 VER200 VERIZON 365.48 45402 05/16/01 VER210 VERIZON INTERNET SOLUTION 69.00 45403 05/16/01 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 3,678.59 04?. 034 F Z O ul U U U U t9 U t9 t9 (9 t9 CD l9 C9 U Q a m F F E F F F F F F F F F F o Z F m o 0 0 o m o 0 £ ❑ N � s �n �o ,-, �n N �n �r r �n ,r a q ti J N O L1 U z W Z O U ❑ W a a O 4 > (9 4 > U E > a £ a Q .] a N ❑ .a z I a a K a s m L1 a z £ a a U] [a] .] > L] a a N 4l .] N O O o O O a F F a F £ F a p O F a O o o O z 0 O 0 0 O x 0 F O a a O o F W .. z z m o il > a C o E U C C U >> U K ❑ m U m U K U c z a U z > m ❑ m ❑ � o ❑ z z o ❑ x m 0 ❑ a o ❑ o z o mO o a o o w u F z H U N Z Z> Z f 2 .F. S> Z z z Z> Z m 4] m L> Z U Z> z o F> z z Z> z z � z O z rr 4] ❑ 6> a C> > U> a 4> a F F> O> UU H> Q> F> m> .-] a> > F> m> 2 U W x d 2 � U x z Q u U G] ❑ O > m fil O o 0 o roi o o 0 0 o 0 �n o o 0 0 rzr .+ rZy £ z a m a a o 0 ❑ a m 4 a m� �• a a r a a a z a a m m m m I o U W F C m m £ o o o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 c 0 0 o 0 0 0 0 0 0 0 o o 0 m m 0 o o 0 0 0 O z F rn o r m m o O• o n n m m 0 m 0 m 0 In m o m 0 n n U a o 0 0 0 0 0 0 0 0 0 0 0 0 U z z a n o > rq 3 3 O G � d 4 m ❑ a � s z a H a .ml 4 F F .Wl S Z F Z W F a z a z m m m a a s s x u a m o a a m a a x x u x u a m r a x W F a x y z a m o 0 o 0 a m £ z f z Z O O > .+ O o � o 0 0 0 o a o 0 0 0 W043 ,n O N U iF-I 4 U O m a O z a O m z m 0 U 0 U m�] 9 m F yOxj o 035 2 Q •"� r �+ m O� O N ti N N N m N S N ill N b a o F Z O O Z F �' O �(1 ✓l r ✓1 r r r r f1 N m � r ti ti b a£U£ a Q n O O O N O m O O O F O aF z Fa F z a z a a z F 41 F 4] LI £ N £ m m ¢ £ a a s a £ a a m a a s a O O 0 0 O O O O O U O O fil F U E -0 F F U F E Q O F a U U U U U U U 4 a a u a ry z > a a >>>>>> a F a u a O O N O O m 0 z O m m rn m m m 0 w O O > a O ❑ a o ❑ O ❑ Z❑ a❑ y O z Iz-I w Z w F w z w Z w Z Z Z Z Z Z w w w FU [z�] [.1 > Q> w> O> a> 0 0 0 0 0 0> E> v> > m a i a o, a d a a a o. .. i ❑ u w ❑ a o o n o .+ N .. N m o o a > Z Z£ a 4 4 Z a a m m a I o o m F a o 0 0 0 0 0 0 0 0 0 0 m 0 0 0 m£ o 0 0 0 0 0 0 0 0 0 0 Z o o m o m m ri r� ri ri o 0 f O rI N p U Q 0 0 0 0 0 0 0 0 0 0 0 0 0 z 0 H a m O N O O E. a .0. il F m S f Z 3 Z O m F m m a O O O O O O O F Z N N N N N N N a Q a > 2 a a� o m u z m s z a s z s c m ❑ F a a O m m m m m O > > > > > > > > a Z O > O O O O O O O O O O O O O N O O O N N N N N N N O a a ai r m w w� ril m � a u v2i 044 036 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:11PM 05/11/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45382 05/11/01 MIL100 MARY K MILLER 33.12 45383 05/11/01 MOR100 CITY OF MORENO VALLEY 56.00 45384 05/11/01 WES009 WEST COAST TRANSPORTATION 500.00 CHECK TOTAL 589.12 045 037 %CC O F z 0 � m 0 E w E f N O N F O O O Z F lil Z rt m m o £ 7 rl N N O � Q £ a Q N O O O O tit b O m in o N O U 2 F 2 Z O Z W F E E £ Gl fil a Q ££ Q m Q o F N F Q Q F N F u O F F C K O N 4¢ N 0 z z 0 O C O > ❑ O F ❑ 2 U m Z 0 u U (� Z Z I-+ m Q fil Y a O fml fu ❑ a a F U 41 O 4 > > m ry IZ+ "+ Z � ❑ ti Y N Q Z d Q Rl ❑ m m O O 4. E a o 0 0 0 `u o ❑ m r r ri z v m ri o E Z O � O 0 0 0 OU O N N U ti Q O O o O Z O E fil 41 E a a m m m a 4 a O > > m N y O O Q m Z Z C F I 0 0 F a 0 0 F ❑ £ £ £ Qm 6] rl o 'a Y o a N N r s S a F y H Z O > 0 0 0 m 0 0 0 0 0 O N O F a m N U 0 4 U £ � 3 I I • ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:37PM O5/10/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 45366 05/10/01 BYRO10 RIV CO SHERIFF 256.80 45367 05/10/01 CAL040 CALIFORNIA VISION SERVICE 1007.75 45368 05/10/O1 CANO50 CANADA LIFE ASSURANCE CO 493.72 45369 05/10/01 COU350 COUNTRY CLUB OF DESERT 3850.00 45370 05/10/01 HOM030 HOME DEPOT 321.70 45371 05/10/01 HOM031 HOME DEPOT 637259.31 45372 05/10/01 LAQ050 LA QUINTA CITY EMPLOYEES 312.00 45373 05/10/01 PRI050 PRINCIPAL MUTUAL 42512.44 45374 05/10/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 45375 05/10/01 SPL100 RON SPLUDE 352.80 45376 05/10/01 STA056 STATE BOARD OF EQUALIZATN 938.07 45377 05/10/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 45378 05/10/01 TRA030 TRANSAMERICA INSURANCE 51.07 45379 05/10/01 UNI005 UNITED WAY OF THE DESERT 179.00 45380 05/10/01 UNU050 UNUM LIFE INS 1613.62 45381 05/10/01 WEL025 WELLS FARGO BANKCARD 1217.15 CHECK TOTAL 690,941.93 047 039 F Z N N O O m (T m x 4 m F F F F F F E F F F E F F F F F E F a a m N P F Z F O m �(1 r N r O o O o N O ti rl .1 O OI m rl O O� ill m J+ Z ❑ N O V O 0 I r 1 �(1 m \p o OI ry .r ri (1 m r e ryP ID p m m �O m r o r m o O > m N r O m !n m o 1+1 £ 4] rn N ❑ O N m ry N ❑ > I m a m d m a 6 r m v 1 x m m Y U Y U X 6 a 6 1,: U N 4 Q a 4 U 4 U U 4 Q m U Q 4 a Q O 1 0 o O qqZ O Z z O F O m z F O a F O O U m »E a H u F a m M E a a ] F a 6 a d Q s a F a N m to Ill a an d 4 Z r-i m O > F m N O ❑ z❑ O z F O 0 ❑ m❑ O m-- w N U] m a O a [.. a O u N a O a IZi a O u z u Q z O z z z z z a a a F" a a M a a z a o z o z u a z o ra m 0 R' m > m> m m L. m > m > a a a a a a a m > N> m a> m - O F z> m a Cil d 4dl f+dl y U m ❑ O a' Q P P O N N� O ~� O Z x O o r to r o+ o m O O ❑ r-� Y z "y O v .ri .-r .r •--i m •y m �n m N m O m v N N N o O N 0 O N � Z m Z 4 Z a Q m m m a 1 ❑ o d F a m m£ o o 0 0 o 0 m ro m n o 0 0 0 0 0 0 0 o 0 r P o o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o o 0 0 0 o m o 0 0 0 0 0 0 Z N N t'1 N t•') N 0 0 0 0 O 0 O m IO Ip N M m N E O O P P r r P h r r l0 Ip 1p N N N N U U O O O O (1 fl f•'1 m m P N ID 1p O O O O Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m U O m m 0 a S m U m m O O o Z Q q m ❑ m ❑ d £ d m a d m N m d O a O F 5 M d a s F F F F F F F F F U ££ U m a z m m z a u u o a 0 a 0 d 0 a 0 a 0 a 0 a 0 a o s a F a a¢ s m ❑ N a OU a a• E >. F m ❑ m ❑ m O m ❑ m ❑ m ❑ m ❑ m ❑ m ❑ z d� m a a s a o > a a z z m m m m m m m m m ❑O N z O /� Q m z a Q z Q 0 0 0 0 £ 0 x 0 x 0 x 0 x 0 x£ 0 0 x O x O Q a z > Y 8 F m u U U U x x x x x x x x x a a d Z O 0 > o 0 0 0 0 0 m 0 rl 0 m 0 m 0 m 0 m 0 m .+ m n o 0 0 0 O F U u a - a Q Z Q O 0 rNi 0 0 0 £0 0 0 0 0 0 £0 0 0 0 0 0 £O 0 O 0 O 0 Q 0 0 0 > Q m m u u u U x x x x x x x x x a s 040 z N N N N a O F Z 0 \ 0 \ N S M N o F Z F m O o O O \O ry v W Z •• r r b i• 4 O r� P .. a P t"1 P Ul n �p N W S a S m ❑ W F F E F C E Z Q j F O F F O O O E O O ❑ O i O O W F a E S E F m E E N z F FO O F O N Z u O O U O Q O N O O w 0 ❑ O u U w O > a ❑ ❑ ❑ (� ❑ ❑ O ❑ ❑ z u z a z z 0 z z o z a z .z+ P a z > > O > a > > a > ❑ > W W m > m OW M E a ❑ a a m E E h W W ❑ a N O O O O O > • > W m 0 0 0 Iz-1 ❑ M ❑ � P mm �D lD �O ❑ H z m r O p c v v Q � Z a q m W m a � o o a F a W N P l0 O O O O O O O O O O O O O O x D Z P O P .y ry r m N 01 r r m F Z O N N ti O O O O O O O O O N a o 0 0 0 0 0 0 0 0 z I F c� a z s N W W a U m a � Q a Z � W ❑ W a p a p a O d U O W a U a U a U O N W m Z S E z z z z z a Q W o Z E m m m 0 N a H o z u° u a ❑ a W W W S z a a p a a a z O W„ O F O a ut Q O d to O O O ✓1 o N o N O N O U Q U m 4I N N aQ F 7 O j a W 3 a W 3 a W 3 049 041 A/P - .P6002 CHECKS TO BE VOIDED 3:17PM 05/23/01 C_TY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 45384 DEF 05/10/01 500.00 WES009 WEST COAST TRANSPORTATION TRIP TRANSPORTATION TOTAL VOIDED 500.00 050 OV A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 38817 DEF 10/11/99 45.81 RUI100 JOHN RUIZ TOTAL VOIDED 45.81 3:30PM 05/10/0l PAGE i INVOICE DESCRIPTION INTERVIEW PANEL LUNCH 051 043 A/P - AP60O2 CHECKS TO BE VOIDED 3:21PM 05/10/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 99986 DEF 04/12/01 99986 DEF O4/12/01 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 680.00 CAT035 CATAMARAN HOTEL 1358.73 CAT035 CATAMARAN HOTEL 2,038.73 INVOICE DESCRIPTION HOUSING/CA PRESERVATION CONE HOUSING/CA PRESERVATION CCNF 05? 044 A/P - AP6002 CHECKS TO BE VOIDED 09:33AM 05/10/07_ CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 45309 DEF 05/01/01 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 938.07 MOM100 MOM'S GAS STATION 938.07 INVOICE DESCRIPTION FUEL PURCHASES 053 045 A/P - AP6002 CHECKS TO BE VOIDED 4:40PM 05/08/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 45262 DEF 03/20/01 1000.00 COU350 COUNTRY CLUB OF DESERT REFUND PLAN CHECK FEES OVERF 45262 DEF 04/03/01 2850.00 COU350 COUNTRY CLUB OF DESERT REFUND PLAN CHECK FEES OVERF 45262 DEF 05/07/01 2850.00 COU350 COUNTRY CLUB OF DESERT REFUND PLAN CHECK OVERPAYMEN 45262 DEF 05/07/01 1000.00 COU350 COUNTRY CLUB OF DESERT REFUND PLAN CHECK OVERPAYMEN TOTAL VOIDED 7,700.00 051 RE, A/P - AP6002. CHECKS TO BE VOIDED 3:23PM 05/08/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 45289 DEF 04/25/01 186.99 HOM032 HOME DEPOT TOTAL VOIDED 186.99 INVOICE DESCRIPTION COMMUNITY PICNIC 055 047 A/P - AP6002 CHECKS TO BE VOIDED 3:22PM 05/08/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 45288 DEF 04/19/01 7.42 HOM030 HOME DEPOT SUPPLIES 45288 DEF 04/19/01 -5.30 HOM030 HOME DEPOT SUPPLIES 45288 DEF 04/19/01 78.91 HOM030 HOME DEPOT SUPPLIES 45288 DEF 04/19/01 -6.13 HOM030 HOME DEPOT SUPPLIES 45288 DEF 04/19/01 9.11 HOM030 HOME DEPOT SUPPLIES 45288 DEF 04/13/01 50.70 HOM030 HOME DEPOT SUPPLIES 45288 DEF 05/07/01 52668.48 HOM030 HOME DEPOT 1ST QTR 2001 SALES TAX 45288 DEF 05/07/01 584590.83 HOM030 HOME DEPOT PAY POO PRINCIPAL TOTAL VOIDED 637,394.02 056 M. Tit�t 4 4 Qu&& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2001 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29125, Riviera PUBLIC HEARING: Villas, LLC, a California Limited Liability Company Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29125, Riviera Villas, LLC, a California Limited Liability Company. None. None. Tract 29125 is located west of Jefferson Street, east of Shoal Creek, and south of Avenue 54. This is a subdivision of Lot 1 and Lot A-1 of Tract No. 24317, in the City of La Quinta, on file in book 228 pages 47 through 48 of maps, records of Riverside Country (Attachment 1). It consists of 10 residential lots and other street lettered lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of May 25, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 5, 2001), of a technically correct Final Map suitable for recording by the County Recorder with all required 057 TSPW DEPT\COUNCIU2001 \0106051. wpd signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29125, Riviera Villas, LLC, a California Limited Liability Company; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29125, Riviera Villas, LLC, a California Limited Liability Company; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo t Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 053 T:\GWDEP \COUNCU2001\0106051.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29125, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29125, is conditionally approved provided the subdivider submits all required items on or before July 5, 2001. 059 003 Resolution No. 2001- Tract 29125 Adopted: June 5, 2001 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 5, 2001. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California MMI 004 Resolution No. 2001- Tract 29125 Adopted: June 5, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California mil 005 Attachment 1 til til til ', SEEM amiAMC i o NM I AiE VICINIJX MAP N.T.S. 062 007 Attachment 2 063 008 E YY ee py 3 m worm) a 40 1Gd Z O 2d � to i �@9 � —1 @@• X �,. SHOAL mO r"a: IM CREEK / Iwl mer o o•IN i,2 N n ;' mJ)I%1 lam' I SA[C E N a I r ILY 1 as a (g�' Se y Imalav ram• �.v ,� � m 9 kq� � � mmrar rear Y1Y s r I � v m >+ rOlrY1Y ram' x Y• p �� 0 K tl •o e•>V � �� N m 4 •'i Mll1aY lam' C N OT A OA g 36 ' I K his^ 0 ip x9 Fd 9kq m �,r, IDf O Pi sg �R �.� 9 �L� ioar>n ram• rv' w' I �� 1A� �p3Y y rmarar ur.c I y I x: e� C G ^ \�"Y�'l:rli�••1'1 • mPlr7T rtlm' r1IIlIYi rim) \ QI N m i A � �o 064 009 Attachment 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29125 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the 'Agreement") is made and entered into this �:f T /1 day of a h , 2001, by and between Riviera Villas, LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29125 (the "Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements'), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 069, CIO T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements 066 secured. but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\LINDSEV\TRACTS\29125\S.I.A.wpd Page'I 161 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to 0 6 i construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 012 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing;' the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warrantv. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 068 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation013 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 069 014 T:\PWDEPT\STAFF\LINDSEY\TRACTS\2912MS. I.A.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: Date City of La Quinta 78A95 Calle Tampico La Quinta, CA 92253 760/777-7075 Riviera Villas, LLC 1651 East Fourth St., Suite 228 Santa Ana, CA 92701 (714)540-5403 By:--E�S;' 2 y 10 l Date Title: G a By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date 070 015 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.wpd Page 6 of 6 Exhibit A Security - Tract 29125 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as 'Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets Improvements 48,778 48,778 Grading 43,950 43,950 Site Perimeter Wall' 32,000 32,000 Domestic Water 66,700 66,700 Sanitation Sewer 14,260 14,260 Offsite Participatory Improvements 2 29,120 0 Monumentation 5,000 0 Construction Subtotal: $239,808 $205,688 Contingency (25% of Project) 59,952 TOTAL: 299,760 This improvement item shall be constructed/installed within six (6) months after recordation of the Tract Map. 2 This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not 071 exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0r-c'"3e On K -1 2ui( _1 t before me, 2- c�,a-c� K1c,SSetiA(tC •�d Date Name and Title of Officer (e. , "Jane Do Notary Public') personally appeared �� L � �` �� ( - I Name(s) of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence .uc to be the personH whose name(e) is/ara subscribed to the within instrument and acknowledged to me that hefshelfthey executed the same in hisAierkheir authorized capacity{ies), and that by hisihe#theif signatureW on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and offs 'al seal. 1- Place Notary Seal Above Signature of to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Z3 Signer(s) Other Than Named Above: Capacity(ies) Signer's Name: 9 Individual ❑ Corporate ❑ Partner — ❑ Attorney in El Trustee El Guardian or ❑ Other: Ai vcc�c Number of Pages: _ Claimed by Signer Top of thumb here Officer — Title(s): ❑ Limited ElGeneral Fact Conservator Signer Is Representing: u O 1999 Neter el Noun, Aeeocimbri • 9350 De SO. Ave., P.O. BO, 24 • Ch damalh, CA 9131324 •..nelionelnoleryorg Prod. No. 5907 Reader: Cell Toll -Free 1-800-8786827 0 / r� 01 T-itit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: 3 ITEM TITLE: Authorization for Release of Subdivision STUDY SESSION: Improvement Security Associated with Tract PUBLIC HEARING: 24890-1 , KSL Land Corporation Authorize the City Clerk to reduce and release subdivision improvement security for The Citrus, Tracts 24890-1, contingent upon receiving new security bonds. None. 0im In April 1990 a Subdivision Improvement Agreement (SIA) was entered into between the City of La Quinta, Landmark Land Company of California, Inc. and JM Peters Company, Inc. for Tract 24890-1 . Exhibit 'A' of the Agreement defines the specific Bond Groups No. 1, 3, and 4 as JM Peters obligation, and Bond Groups No. 2 and 5 as Landmark's obligation. Bond Group No. 2 references off -site street improvements and Bond Group No. 5 references traffic signal improvements. Currently under the Subdivision Improvement Agreement for Tract 24890-1, there is an obligation for the subdivider, KSL Land Corporation, to post bonds for the traffic signals in the amount of $260,000. KSL Land Corporation has posted a Letter Of Credit (LOC), #2185/94/80085 for the traffic signals as follows: Signal Location Jefferson Street at Avenue 50 Bond Amount $50,000 Jefferson Street at Avenue 52 $50,000 Jefferson Street at Pomelo Street $80,000 Avenue 52 at Cetrino Street $80,000 073 TOTAL $260,000 T:\PW OEPT\COUNCIL\2001 \010605k,wpd KSL Land Corporation has formally requested the release of bonds and any obligations to install traffic signals at the intersection of Jefferson Street and Avenue 50 and at the intersection of Jefferson Street and Avenue 52. Currently KSL has posted securities for half of the traffic signals at the intersections of Jefferson Street/Avenue 50 and Jefferson Street/Avenue 52. Resolution No. 99- 64, Conditions of Approval for Parcel Map 29052, condition 45. a. iii, Jefferson Street/Avenue 50 intersection (northwest corner) states: the developer, Lundin Development is responsible for 7.5% of the cost of the traffic signal improvements. Resolution No. 99-74, Conditions of Approval for Tentative Tract Map 29053, condition 47. A 3. Jefferson Street/Avenue 50 intersection (northwest corner) states: the developer, Lundin Development, is responsible for 17.5% of the cost of the traffic signal improvements. Jefferson Street/Avenue 50 is not listed in the DIF program; as a result the City relies on the developer's contribution for signal improvements. A total of 75% of the signal lies within the City's jurisdiction and to date, the City has 75% of the signal secured with bonds. However, 75% of the City's share is funded with CVAG funds. Therefore, the developer's direct contribution should be 25% of the original required participatory level. On that basis, KSL's participatory cost should be 25% X 50% X $120,000 which equals $15,000. The original cost estimate for the signal improvement was based on $100,000 per intersection. Do to inflation the cost has increased from $100,000 per intersection to $120,000 per intersection. On March 7, 2000, the City Council authorized the City Manager to execute an "Agreement for Replacement of Public Improvements" with KSL Land Holdings, Inc., for installation of a signalized intersection at Avenue 52 and Jefferson Street. In this agreement, KSL has committed to pay the reasonable cost of a traffic signal for the intersection of Avenue 52/Jefferson Street if a roundabout is built at that intersection, and within ten years after its completion, such roundabout fails to provide traffic circulation to the City's reasonable satisfaction. At the intersection of Jefferson Street and Avenue 52, the signal is being replaced by a roundabout per the Jefferson Street Improvement Project, Phase I, Avenue 54 to Highway 1 1 1 . For these reasons, Tract 24890-1 traffic signal security may be reduced by the following amounts: Tract 24890-1 Improvement Jefferson/Ave 50 Current Security $50,000 Security Change ($35,000) New Security $15,000 Jefferson/Ave 52 $50,000 ($50,000) $ 0 Jefferson/Pomelo $80,000 $10,000 $90,000 Cetrino/Ave 52 $_80 000 $10 000 $90,000 TOTALS $260,000 ($ 65,000) $195,000 074 Therefore, security in the amounts of $65,000 for Tract 24890-1 may be released to the developer, contingent upon receiving new security bonds. 00 -421 T:\PW DEPT\COUNCIL\2001 \010605k..pd The alternatives available to the City Council include: 1. Authorize the City Clerk to reduce and release subdivision improvement security for The Citrus, Tracts 24890-1, contingent upon receiving new security bonds; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogfr Public Works Director/City Engineer Approved for submission by: 'Thomas P. Genovese, City Manager 075 003 T:\PWDEPT\COUNCI L=01 \010605k. wpd T^ht 4 lwQ" COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Acceptance of Improvements Associated with Tract 29348-2, Toll Brothers, Inc. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7' STUDY SESSION: PUBLIC HEARING: Accept Improvements to Tract 29348-2 and authorize staff to release security upon receiving warranty security. None. None. Tract 29348-2 is located east of Madison Street, north of Airport Blvd., and west of Monroe Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: Accept improvements to Tract 29348-2 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 076 T:WWDEMCOUNCIL\2001\0106051,�Pd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline Ori T:\PW DE"\STAFF\LINDSEY\TRACTS\29348-2\010605.wpE C-� W W a E+ w z 0 �Y i TRACT NO. 2934 AVENUE 54 I TRACT NO. 29348-2 AIRPORT BOULEVARD AVENUE 54 VICINITY MAP NOT TO SCALE E W W a H W a z I I I I 073 I 0114 ATTACHMENT 2 TRACT 29348-2 Performance Payment Warranty Improvement Security Security Security Streets and Drainage $293,849 $293,849 $29,385 Sanitary Sewer $194,442 $194,442 $19,444 Domestic Water $295,455 $295,455 $29,546 Electrical $107,250 $107,250 $10,725 Monuments $4,820 $4,820 $0 Construction Subtotal $895,816 $890,996 $89,100 Engineering & Plans(20%) 179,163 0 0 Non -Plan Contingency(25%) 268,745 0 0 TOTAL $1,343,724 $890,996 $89,100 Release performance security when warranty security is received. Release payment security in 90 days (September 5, 2001). Release warranty security in one year (June 5, 2002). 073 T:\ WDEMSTAFF\LINDSEV\TRACTS\29346-2\010605. wpd AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: S ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: _ Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29858-1, RJT PUBLIC HEARING: Homes, LLC, an Arizona Limited Liability Company Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29858-1, RJT Homes, LLC, an Arizona Limited Liability Company. None. None. Tract 29858-1 is located west of Jefferson Street, east of Orchard Lane, north of Pomelo Street and south of Avenue 50. This is a subdivision of Parcel 1 of lot line adjustment No. 90-117, recorded November 2, 1990 as instrument No 403766, O.R.; and a portion of the northeast quarter of Section 5, Township 6 south, Range 7 east, San Bernardino Meridian, (Attachment 1). It consists of 141 residential lots and other street lettered lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of May 25, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. T1080 T:\PW OEPT\COUNCIL\2001 \010505m. W pd approval is contingent upon receipt, within 30 days (July 5, 2001), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29858-1, RJT Homes, LLC, an Arizona Limited Liability Company; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29858-1, RJT Homes, LLC, an Arizona Limited Liability Company; or 3. Provide staff with alternative direction. Respectfully submitted, Chr s A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 0002 T:\MDEPT\COUNCIL\2001 \010505m.wp0 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29858-1, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29858-1, is conditionally approved provided the subdivider submits all required items on or before July 5, 2001. 082 003 Resolution No. 2001- Tract 29858-1 Adopted: June 5, 2001 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 5, 2001. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California �0 0114 Resolution No. 2001- Tract 29858-1 Adopted: June 5, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California m •. 005 t TRACT NO. 29858-1 w w I- Z O c� Z_ 2 f/1 Q 50TH AVENUE w w I > w H � 00 N PROJECT SITE Z a c O In w z w ui Li Li VI w W m W 52 AVENUE z w Q VICINITY MAP NOT TO SCALE • ROKC LaQuIM,CA9! 085 DOI6] N E Vdu: 7W7714010 s c N U L T z PA%: 760.771.6070 7 PLANNERS ENGINEERS SURVEYORS I: 4390fi MAPPING 29858-1 VICINITY 5 7 2001 a IN THE CRY OF LA OUINTA, COUNTY OF RIVERSIDE STATE OF CALFORNM 1 OF 13 SHEETS TRACT N0. 29858-1 RECORDER'S STATEMENT N BONG A 10N N0. RECORDED PARCEL 1 OF LDT DINE IO.R. AT M. W B -OF MMs, AT PAGE AT ME REMEDY OP ME AIOR R 2. 1 S PORTION OF, R INMANSHNI NO. 40JI FA E - AND . PORTION OF ME RISE AND ER 2, SECTION FAST, SAN BMIA. O BASE AND MURDER OF SECTION 5, TOWNSHIP 8 SOUR, RANGE QUARTER CITY =AM M THE CITY a LA WxxTA I MERIWN; IN THE CITY OF U WINTA COUNTY OF MERSIOE, GWFDRNM M MDS CONSULTING DECEMBER. 2000 GARY W. DOKICH LS.4593 ME OWNER'S STATEMENT WE THEREBY STALE MAT RE ME THE OWNERS CE ME LAND INCLUDED MORN ME SLBOMACH VON HEREON MAT WE ME ME ONLY PERSONS MOM CONSWT IS NECESSARY M PASS A MAN TTF TO SAID LAND. THAT WE CONSENT TO THE MMNG ARID RECORDING O TANS SAMMISON AS SHOW MMIN T2 WSTNCTYE B'ACCR LINE. WE MERRY DEDICATE i0 NBUC USE FOR STREET AND PUBUC LAITY PURPOSES, LOT A (JOFFRSOR SMEEt). AS A COMMOM O DFONAOMR CF LOT A THE DAMON O Wl M ABUTTING MS MGN. AND WRNS WIN ME BILL HAYS NO BONN OF ACCUS EXCEPT ME QMRµ EASEMENT OFVAAL MY CHANCE OF ALIGNMENT OR MDM THAT RESULTS N ME VACATED THEREOF 41µL TERMINATE. MIS COROTOE CF ACCESS PoOHR AS TO ME PART MACAU. ME HEREBY DEDICATE AMMON RIGHTS O ACCESS ALONG AWHILE 50 TO ME PLBLK THE DRIVERS O LOTS CC AND RR. REAT1N0 THIS HNNWAY AND DIMING RICH THE BILL HAYS NO RIGHTS O ACCESS EXCEPT ME CANERµ EASEMENT a TRAWL MY CHANCE O µMMENF M MEN THAT CIE , W THE VACATM THEREOF SHALL TERMINATE TRS CMOTM C ACCESS RNMTS M 10 ME PART VACATE. ME HEREBY OWGM M ME CRY C U OLMIA ME PUBLIC UTILITY EASEMENTS AS SHOWN HERD. WE HEREBY DEDICATE TO ME CITY M LA WINTA ME EASEMENTS FOR RIWI M INGRESS AND EMESS 0' SEANCE AND EMERGENCY WHIMS DYER LOTS B MRWM S, NCLUBA. MSIWARD AS PMVAT; SWIM THESE WAS ARE RTMNED As PRIVATE SMR3 FOR WNB1K5. MCCEMM£ ASSAPSES AND LOT DOERS WRIN M6 TRACT. WE HEREBY LOCATE TO THE CRY D U WMTA ME EASEMENT FOR EMERGENCY .ACCESS MR LOTS CC AND ff. M SOW HEREON. ME HEREBY OFFER FOR DEDICATOR M ME OPO6AL WMCATM DISTINCT. AN EASEMENT 10 WR M MDM RE ACENT i0 LOTS B THRORM R. INCllSYE, AS SHOW D SAW MAP, FOR ME EXGVATD. "ME, CMSTMLCT X, INSI.WATD. MNNTTRANCE. OPERATION, MMECTD. REPAIR, REPLACEMENT. AND RMOVµ D ELECTRICµ LINES wR£ GORE£ WCT£ SIR MT£ XKNRE£ FACLIIES AND APPUMTNAM'CS. INN THE RIGHT M ADDRESS SS AM EGNI OWN AND MSAME FM MMNTEN.WS. OPERATOR AND EMERGENCY MMCLLS. WE NEARBY EMIR FOR MDICATM M ME COADEIu VALLEY WATER DISIRKT. EASEYMTs FD DOMESTIC WATT LINE AND SAMNXR P TATRPOSEs MEN LOTS S DOMAIN S MCLLL9VE MBDATD 4'PMVATE STREW. ME EASEMENTS SO INVERTED MULES ME PONT M ENTER UPON SAID WHD, M MR,y. CDSTRII MENSINNT., LAY, MAY. MAIMAM, MHUR, CONTROL USE AND RFMOYE NPFLNES, FONRES AND MPUNTENANMS..0 W BELOW MEC3 INTENTRIM RIM ME CDSTRUCTD, OPERATION AM MAINTENANCE HERD. THEM AM ALSO WELD FOR DEDICATOR EASEMENTS FD SNNUMN NMOAS TEAR L03 AJ, AA, 15 AM 136E AND EMMONS FD DCNSSTC WATER PURPOSES PER LOTS CC. M. W AND RR: M SHMM HEREON. TYRE IS ALW EFFUSED FOR DEOGTD LOT T IN RE TIRE FOR WELL STE "NAMMS. ME HEREBY RESRYE LOT U FOR NAESS AND GROSS O GMT CON FD ME AYE BERM' O WRSELPES. MR SICCESSD£ AID PRESS AM LOT EXPERTS WHIN MS TRACT. M HEREBY RESERW LOTS V THOUGH M. INCUSIM. FOR OPEN SPACE AND LANDSCAPE FAMOAS FOR ME SOLE KNOTT M OLRSELMES WR %CCESSOR£ ASSGEES ANE LOT MUDS ARM TINS "ACT. R HEREBY RESERW ME PRIVATE DAINAM EAAMMIS OWN L03 AJ, $1. 94, IS. 13A LL ME W, AS SHORN HEREIN FOR WRMLWS OW SUCCESSORS, ASSIGNEES AND LOT OWERS BIMN ME TRACT. RJT HOMES, LLC, AN RMONA MMITEU UABBMTY COMPANY, BY: RAT WWSM INIM INC. AN ARRONA CORPORATION. M MANAMR DM LEYFNPROER MMAMR STAR M MrOMMM )SS OxI M_ ) D NIS_DAY OF_. RWt, BODE ME A NOTARY PUBLIC M AND FOR SAID STAN PERSONALLY MRMW PERSON. WTM M ME/PROWD ON THE BATH M SATSTACTCRY "BENCE. i0 M TR NRSCXS WERE NAMES ME WBNF,MD TO ME MMIN MONUMENT AND ACKNOWLEDGED M ME MAT THEY En(XAED ME SAM IN MEN MNMZW CMACTE£ AND THAT BY TOR SIGNATURES D ME INSTRUMENT ME PERSONS M ME ENTRY UPON BEHALF M WON THE PERSONS ACTED. EXEWMII ME MORLMDT. WMESS MY HAVE: BWA CIE; NY PRIMPµ PLACE M BUSINESS NMMY POWC W ME FOR SAD STAR Is IN COUNTY MY CDM10XON EXPIRES: CERTIFICATE OF ACCEPTANCE I HERBY MWY MAY UAER AUMDTY GRANTED TO ME BY RESOLUTION NO FB-9M. DAM SEPTEMBER IS. 19]& 1 ACCEPT ONS NRLF M ME CMMELLA VALLEY PLAYER DISTRICT ME DEI M EASEMENTS FOR DOMESTIC NAMR AND SANITA. NOPMES AND LOT T FOR WELL SM IN RE TIME, AS ENTERED NEREM SUBMARINE SIRIN, SECRETARY CWCNEW VARY WATER DISTRICT SIGNATURE OMISSIONS FIN SWO 10 IMMIX SNN M M INTENTION MAP AM. TE S mm O THE FOLLOWING Oman; O EAWOBs NA/D OTHER MIER(SO MARC BEEN CROW MANON PKPC POMPOM COMPANY. HALBERT O AN FASOOR FOR PAPER PROFS,µ REVERSED PARCM D, IBIS N WX Nl. PAGE IV O CLEW. OMW WCORM M AWARDS CWH Y. FMPDW INCH PLOMAE) ME LASED SAM3 M A9ERCM HERB M AN INDOOR FOR A WIN PROWL M RECORDED CCDBB I5. IBSI N WOK HSl PAM SO]. OMPL RECORDS O RHM51% NARY, CWOML CART L. ORE. CWNIY PROVIDES BY. DEPUTY SAWN9M WMMTEE BY: FIRST A.M. TIDE COMPANY TAX COOECTOR'S CERTIFICATE I HEREBY CERNY MAY ACN9N0 i0 ME RECORDS CE THIS ORRICE. As OF MIS DAM THERE ARE NO LIENS PIANIST ME PROPERTY SHOW ON ME WHIM NO FOR UNPAID STALE COUNTY, MIHMiµ ON WCµ TAXES W MEDAL ASSESSMENTS COLLECTED M TAWS. EXCEPT TAXES DR SPECRK ASSESSMENTS COLLECTED M TAWS NOW A LIEN. BUT MOT YET PAYA .. ME ESTIMATED M BE i . PALK. NCDCARM. DAIS: COUNTY TM WIECTLN TAX BOND CERTIFICATE I HERBY CERM THAT A BOND N ME MIT Of {_HAS BEEN EXECUTED AND HEED MM THE BDMO CF B.IRRNSMS O ME COUNTY O WMERSCE, MUMMA. MENTIONED UPON MF PAYMENT O ALL TAXES. STAN COUNTY. MUNCPµ M LC AND NL sROAL AS4SIEN1sCGLEC71) AS TAXES, WARM AT ME TE O MIND M MS NO NM ME COUNTY BROADER ME A LIEN ACANST SAID PROPERTY BUT NOT YET PAYABLE MO $MD BOND HAS BEEN ONLY APPROYED BY SAID BOARD M SPERNSDS DAM CASH TAX BONG CERND LDEY A MAPAR MAWNELL CIFAX M THE BCMU M S1P[RNSMs LWNIY RAN COLLECTOR DEPM B, SURVEYORt STATEMENT I HERBY 9urz MAT I AN A LICENSED LAND 9lRYEFR O ME VAN M CALIFORNIA AM MAY THIS MAP CDSISINO M MNIEEX (13) SHEEN CORRECTY REPRESENTS A BARNEY MADE UNDER MY SIRRV9ON DURING OCNR0. SOW, THAT ALL MOUMENIS BLOW HEREON ACNALLY EXIST AM MAY THEIR POSITIONS ARE CORRECTLY 9WWH. DRILL M N ACCORDANCE WM ME TERMS O ME MONUMENT AGREEMENT FM 111E MAP. ME MDUMMTS BILL BE SAFFIOMi TO DOLE ME WYWY TO BE RETRACE. THE SWAY IS MM AND COMPLEX AS SHOWN. DAIS: . 2001 ydM WRY W. D^ND L5. 4993 7.. 9/W/03 3 Ly ru �"I wW}. CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAW EXAMINED ME WHIM ANNEXED MAP O TRACT NO 29SSB-1 ..ST. O MIMSEM I.) SHMN, MAY ME .."ON PqM HERON IS SA151ANTAILY ME SAME AS ICE APPEAAW D ME YENUTW MM AM MY A°PROWD ALTERAIRCES THEREOF; MAT ALL PMWSDS O ME SANDWICH NO ACT AND MY LOCAL ORDINANCES AFFUJIBLE Ai THE WE O MRMVK O THE YENTATW MM NAME RED CONFIRMED MM, DAL: .. BAN A MEG, R.C.E.02M EDP. 6/30/01 ONCE ENGINEER, CTY M LA ONNTA CITY SURVEYDIE'S STATEMENT I HERWY STAID THAT I HAW EXAMINED ME BOOM MM M TRACT AM 3BS58-1 CONSISTING O THIRTEEN (13) SHEETS AND I AM BATSFIW THAT SAID MAP 15 1ECNMCµLY WRREM. DAM: . kilt ERIC A NELSON RLS, 1563 M. 9/M/M ACTING CITY S MEYCR CITY CLERK'S STATEMENT I. ANTE S. DRUM, CITY CLOW AND EX-MNOO MERN M lE 01 CWN3 O ME OW M LA WMTA CALIFORNIA, HEREBY STAR THAT SM) CITY COUNCIL AT IN X(RA A MMTM HEW ON . SEEM AWRO ED THE INNER MAP M MACE MM NO. 2965B-I, AND ACCEPTED ME OEOCAMN O TOT A (EFFERSD SWEET); AND THE EASEMENTS FOR MORI AND SOME. O SERMCE MD DERCENCY W HIOER AND ME EASEMENT FOR EMERGENCY ACCESS; AM ME PUBLC ULXTY EASEMENTS; AND ME AWTIERS RIDS O ACCESS AS MOCATED MINOR, DAMO JIME S DRUM CITY GAIX .0 EX-CFPICO 0£RK O THE Ctt M LA OI NTA CERTIFICATE OF ACCEPTANCE I HEREBY CM1YY MAY DCER THE AUTHORITY GRANTED TO ME BY ME BOAAO M OREC10R5 M THE IMPERIAL WRIWINN OSTI6CT. PER RESOLUTION NO. 15-M DATED MARCH U, ISSN, MAT I ACCEPT M BEHALF M SABI DKIMCT, ITS SICCESSORS M A59M5. THE DEOGTON M EASEMENTS FOR E)ECTMCAL ROOM fACILITRS AS EMBED. HEREIN. DATED: BY: SUPERINTENDENT DONORµ CWMEW VALLEY POWER CMS. [1I•i19 im v a 1i3 7 I --C/L ORCHARD LANE IA �' �\ � -�-X OP3'CB•W d o03 r Iwfi' M Im.av � M�� p�,�b Ir E K x>Ty xPwve' Nnre 1 (PI mf m 1[1r S y U Igo-�a� '• Xyr,>.\ N — m 1 HI m — E y+ SO IMAW. I I]b R' (11N. ]' N2 LOT V S � I I I -& � � � I y I � y �O ]�•� tg3� M Uco �> Uiq 4$ NI y r .61511 �i r!y O � SN..I mI ZI _L1_I 'I 5'a It PR`r rsI J`II �•S v 8 - l� N+T}5'MC _` r +351fi' � tlfiE�V — — I$ w9r x oaiur uu.ly LOT A — JEFFERSON Sf. $ IT 'oRLC/L JEFFERSON STREET � � N a Y mm (109 IN THE CITY OF IA OUINTA COUNTY OF RIVERSIDE. SFATE OF CALIFORNIA TRACT NO. 29858-1 BOW A SUB"ON OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 90-117. RECORDED INSTRUMENTAND A PORTION OF � NORTHEAST NO.WTH�BRANGE 0� OF SE9CTIION fiI T 6 S7 EAST' SAN SEFERNEE 1 W D MERIDIAN; IN THE CITY OF IA WINTA. ODUNTY OF RIVERSIDE. CALIFORNIA. TADS CONSULTING DECFMBER, 20DO GARY W. DOKICH LS.4693 Ip. 11/Z C«PNMID s1Y1P01 649i. RIbN. M] Kf. ]LC. AS X 8951'MY 1615]6' R61511') I$ XI/1 W0. $FL 5 i65R]E 26N]5• IYi69' — I]196]' ]YI /� YC/L AVENUE 50 L DFCW.® VM NET 4. n 99v¢NY 2451 YURIENOR'S NOTES' u R251i' •-- NEl IPRID I' P WP I.P., V4SN R.C.E ""I. illKN. PFR PNLLIl Al ]65P5. YB. � l W1 SM LOT CD u� I]5/M-'A. YN65 ETNENA ST NNGRD. �1 IDIQ I 666A, O--MC"R" Ai I' LP, D6FD L5, IOU]. M1U91. ` NullsOM[PNISE NNC1If0. P. g 1' NON E. IS. IOU; « 6 sPN[ i H• 1 KTLDTj-FF Ay95QTp'9 & T/ L ES K9]. LM A If/D lD 1 K I99] IN W N Wr WRxFR FALLS °i• 1 '\ 29 0s, w L rN15 DN FACE « MB. 4r IPID lD M. F rAoxo Ls. IRS] Ix MP « aK ax A ass' n' tiT �:I mnr,m«mAr uL Wr M Rfl As DF.5. T . PALS 11N1 I. A SIw Mf Iqr TA C W]WXO SNE N] NW , :. 5� " WT AT N SN AT A, mtr MAR xa rox mAr lL «NIERIrrE wmwsArora, BLS. EC.S NM X 9'S126Y IBI' .Yl 0]IIER «IIIEWN[ PONIS « WMR[l. IMIfSS �M 59'11R I o11ENNs xoRo. I RN � IPreNFj�,- Y3 N,,AE is swlm's2t swu K 50 N AMME NNMNN PEN ME, ilE.PAl OrD tIE AAT6�r wil5 RCN MG PER P.Y. A. 30 / ,,E/.-MMRNITED I YP.B.. NNU1E5 n0.MAIM' . X� I210/n-5]. M -5AA]'�a*S P4 1 1- Y me WA PFR 1161. xo. IOSrro. XO1m. _ ] PN "4 j A x W L- R[OWO[o xw. 1 1R50. lNLtfS 011ERdI5E AE,m) AN, nn rwct h'MAa15 141 ANmNo Wrs NO ar x} ?4 ]r• II IflwRfD EOIz / . uAn MNA5 El KMs DXDn. I•Amr3ti I Ill I TMSN OF BFMaws 3 M ]ME SMIN IENEDN l•S B15AN - M1Rix N%51']6 Nrt AIENJE 50, M i I 2E=AS AlMSr PG PM«L 1Y➢ M 1RSn. n IN PNI: A MM L Al 175. PILES IN W ENT W15. RWx05 or AwlEOWIY. WRCINN y i A a FASEI�RS V W a �Z NN°w'Nrr'a AN MEANT AN nax YPEw4 RNGT, 061RNc g Q- Will i [MESA MIEN AND Id � sArnAmr nNPWEs omrAim ro cY.wa. 01 _ NNcArEs µ EANNNAN EM NRN NNrt P,NI t(MATED r0 CIN«Nwl V C O TE MANAGE MFIR O AsASNNSNEAK KN«"M41MD NEMLN. O pp - muTs A W« FA9DINR M R- n Al-- .M. [N «DPAFD N LV.N.D. ©_ Ill A M.W PE« EAFYENI @t 0 � E% DNXEsrc NUEN Mpi DENENrW ro E.NID col "DEll ASEIgI M ITT « N MrTA �- NM IU<R L MN GRR CAI WIFD ME, « AYENLA REM«D 12/15 19n N NOUN AM FAX MD. O.E, ]5• Q- N%ATspµIW %1mm 4 W A I EMN« IEMCfD 9/2,l K W. Al M21U m n• OR. N N`AY'E TENP © 10 M QIIN'1 ENISIR Tlcl IXAIIW ME m 'I N El Al 91 n u W. Al R2111. DA. C 4 q CURVE TABLE Q p m1A 9ANW N6141 1M 1 NR'V w5W 41V Ell 2 A. I15Y 22AT ] Ill A. IOU' z Ill 1 ITW W limum,UNW w2v4W w21' x B:4X 5 1131' tllA'. N• 1245P CUNT we E ill NEW W E ] In'H91' SW q5N IIN El N ITIItT ES]M NM' S11' 9 95W2B' SV >IY 1]Y 97 AU7 n / 11 E 6L' 114W WW R 91zm 5« Bsr we I, Ill W lm m' " ..1ie wM.11 T lam ]IIN xn" A rill WENT " 9W y N NTT' A]Y AK' INN' n I4.4m wI� ei I19r S IN,Tiwv NIT, wri Sly A a rs1x glsm El I,ex 32 ro' 26 1 25 -A - LOT 6 N I r MI -i Y I 33 11 ^ LOT K II 24 END l LOT GO' MO K 35 SEE SHEET N0. 9 SHEET 3 OF 13 SHEER -ham -4� 3t h — n B9'S1']6Y riAll' I ' 26 17 IF li will 27 1D «al VAX nAn z LOT BB taK � 23 MrvATE Sr[[r \ Lm C 22 /\\ �CI ~ Zx R H i� lA \ N I LOT NH — 37 � vIia — SEE SHEET NO. 9 n11]Y6VIIFPIX412A (;t0 IN THE CRY OF TA OUW A. COUtM OF RNER9IDE, STATE OF CALIFORNIA SHEET 4 OF 13 SHEETS TRACT NO. 29858-1 BEING A W.-SION OF PARCEL 1 OF LOT LINE IAIUSTAIEM N0. 90-1M RECORDED NOVENHEH 2, 1990 AS INSINUNENT NG. 103769, O.R.; AND A RORGON GF THE NORTHEAST MERIDWI; W THE CITY OF LINTA, COUNTY OF ORNEASTDE, MIFORBRNIX W ELSE AND ^r_ X 895146N MIS%' R61S11'1 'S' Ill9b]' R AVENUE 50 R �..h NWSIM'V 2454,W '•� Ir LOT CC Go mx¢ v 1 1 1 1O11L 17 _dybe j c 0 VIALOT 27 1B ��� 3! i 15 - 3 \� H ^r5x \\ 1\ SX= r1 CURVE TABLE q 6V6 nW6 IK 141 IM 1 van nIm zun' us]r : 19 \ z Inrdr INS,6se as q 0 28 i ) r3�T 1A B Z 6 6Sr11' t•3% 2M1 > N'Y'm m4 n4 Nr 5 5 ky, B IIRYIY ISId lIM Hwy' 9 N'I1M' 10)W ISY' 'L M IT.iN C M. II 19V n1V TILT WR t\5 1 .1 u rmT zaxn ur x emm'[ Iele 1,., u T[XT Isom ;xzr NM' N 11 IrISY/ INY IW' nT I ^ W n wnil' zxiv M.. mry 20 Y t �+^\\VICOUBfN y u n4 xuP 6m as , W 25 N asrr som xur I'ml' x N�XSy 1 � EOT 6 s� m uI-n4 aT Im sII' IF a N•Nv xmA U N. 7 N IM4 LLLW nlr Il RT M%' Nw / l�l LOT B n I'Ix1Y NLb IVY ]i' [ Iq ST 9 y Y[xK tl � -R Y n IW]I' 1[]9 L% Im' xT•� / '1 V[M u, EI V4N mI.T Wr iL% ttlY iJ PML XB'f' Idl' I� M %mL ISO 211r ISm TP Ill)' yg n 11'IM' S]59 11)m SXO i yy--Ii x[a Nzr e �. 24 21 / 12 5 , a 'x M 53'24Y9Y h � / N Py 23 m(X / LOT W d aus K 79 22 .,R, \ RT =1 LOTBunK—ram\ CO7 t B' xW - -�—WA SIN CUIDADO -61 a'y �C �� 76 �M'� n�, tANmrt Sin a) c)>� 48 ^E' \ w K LOT T❑}SEE SHEET 40. 10 �9 } x •� I 1}}jj,, 37 — �$1 38 I ss II'Sb 0 m to a0 Izo IO SFE 51EET ] f0R SUrthl➢RS NOIES. \ SEE SHEEf7, N0. 9 GST]ENf NOI6 /NO gayf; a gE[pHpySymvwylwIys50.nlmw ommla 089 ci�l IN THE CITY OF LA QUINTA COUNTY OF ROERSIDE. STATE OF CALIFORNIA SHEET 5 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBDNISION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 90-117, RECORDED NGVEMBER 2. 1990 AS INSTRUMENT N0. NAT766, O.R.- AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TVAN511IP 6 SOUTH, RANGE'/ FAST, SAN BERNARDNO BASE AND MERIDIAN; IN THE CITY OF IA OUNTA COUNTY OF RIAMDE, CALIFORNIA, NOS CONSULTING DECEMBER. 20DO GWY W. DOWN LS•/693 �_ X e951'36N ]6111' <I61511'a w mr.F� Kr Ip 6M�IRIW I]lof1 e. s AVENUE 50 R a n]sN' LOT CC wl sNa :8 ^ M a omw �Npt 1• N. X S 1 6x 1 ti X R 1' 6N 19' X BY519i 11ss' Ms T RR wA eM I x nww � M1iQ4L[ p $e s \ TOT DD9x. 73 5 16 4 ;. olmw n4` 3 X 4s5 I .(. X9'YN I6I.IT B Ao auLOT B Nia •]rt_ � e �K �R N x r l p6AN[ sM[I) N. I= - WA AIDEA 74 15 a i ry • 0 I LO,y1QNSL 5 \ '� F 2 N1rN[� a ;w= • L�1I�y5rpyA<"-mil@ 75 h 1.. C, ���,`bS \ x01snYN I p01yb� a ITexI1T(E ��as as \ SS1 \ M) 'A�gtJE R e Tom.\ "'• SI N BIW 14 6 m 76 \ • \ 4 / LOTV \ s5 [ Iyyr \ la 5 1 _ -w>.-I�N 'a_ un w i a ta Bxs \ a wx-_- A X Be55 E 11901' " i - nn' ( 6 [• ®�/ k....l-ib°iv'fm��.'4n�"f' j• i I B :4� Its 3 Y Ia 12 ; 9 10 " slue r-6°' ♦ CUitVE TABLE w " WAS /ww ]NI B I IrNY 1nm nla IsIY 1 e : rlve 3Nm I'll" w alu l Ia (La I h^' 3 mIIa ab 4Ur " LOT W s u:oa• ex IceIm 110 w e 10MM ex' Isn' ua a6nsY 1x u' 341, 9 TBffi 'aw 11.? ].W 79 B SEE SHEET 3 FOR SURVEYOR'S NOTES, l0 MIaSY r1M N.M. less' 1I W= Sw nM Iur " EASEMENT NOTES AND BASS a kWiNGS li PW MID' ISSSOJ R.W rG1Y I].Itl e5yal 122' SEE HEET NO. 10 H Ina3e Tm Rsr Inns' far B TIrar 101sa nr 2317 16 I71YV I" 22M lly \ 11 1_ S°ar eDY IAI' 80 le e1a3r Tw In 7.M \ 19 If06'3Y IMx' AV lul SEE SHEET N0. 11 u NXVW I1 m iIa wim 7B § ~ SIR U "our 81 ]1 w,wtof ISM 11%' ISW VIA SIN CUIDADO \ w " h —5 13 \ \ Y + w\ 3'4 LOT JJ \ 82 x�'V.r � LOT Ila X. / BI 0 m w e0 20 Iw SEE SHEET N0. 11 SEE SHEET NO. 10 1. 1 nue-1 w-m m m 1 090 012 IN ME CRY OF IA OUINlk COUNTY OF RIVERSIDE STATE OF CALIFORNIA TRACT NO. 29858-1 RDNC A SUBWSION OF PARCEL 1 OF LOT UNE ADASIYENT NO. 90-117. RECORDED NOVEIIBER 2, 1990 AS INSTRUMENT NO. AO3766, 0 FL- AND A PORTION OF THE NORTHEAST MERIOWI: OIN WERCITY OF LA WINq COUNTY OFRNERSIDE, CAUFORNII NO FUSE NA MDS CONSULTING DECEIA ER, 2000 GARY W. DDNICH LS.4693 I' IV IS M7, M. 03. x w5@6r MIS%fM45.111 --r xo 6Tr., /cc. w I/16M ox Iw1x' � s AVENUE 50 s x035196r 31HJ5' �� g �� N Ilss�' BY K ^ II I/LRL s0N LOT CC IIf ", ris 3r Fx " swu LAM RR / ISO AC 73 I V w LOT 9 s I 96 , \ . �. ?LOT 0 LOT M \ N� 97 \ o-$ D reTx nkr LOT R 73\ �c_ ram+c Isa l"INs. I_vinYr n.) re rNr S8a3T _a a + \ IP 3 a Is5 1 96- D x76 I L {fSr73'f> b y�' 1r T TI\ A au n/¢ AAa) 94 DEW\ s \ LOT Y Al A \ x-3»w'� tw ✓Ivr ya LOT W �' \ \'a�xJroaaJi S ` x Jrwsm P & r7iu1 CURVE TABLE A Q IyT' ti ya u ,p u tot /x!. M3 N JJ arM DIEM HEETNOTES m � OF 0C s� 9/ SEE SHEET NO. 11 0 3o w w / I o Iw '�&IYLL OF 13 SHEETS 99 ,a 106 100 Jar 7 108 5 101 / X A01'S1if x6 I' h I i I->4 Im G \ 102 103 u \ �1 I. 93 a' 92 91 SEE SHEET NO. 1T 89 86 87 I\4Nh\WMNL\3Bw8-1\XYi{ w/01/01 091 013 IN THE CITY OF LA OUINAA, COUNTY OF RNERSIDE. STATE OF CALIFORNIA SHEET 7 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBDNTSN)N OF PARCEL 1 OF LOT UK ADJUSTMENT NO. 90-117, RECORDED NOVEAIBER 2, 1990 AS INSTRUMENT W. 403788, O.R.; AND A PORDON OF THE NORTHEAST QUARTER OFMERIDIAN; IN SECTION THE CITY OF Uk OUINTA COUTOWNSHIP 6 NY OF�RNERSNIE, CALIFORNIA.E 7 EAST, SAN � RAM AND MDS CONSULTING DECEMBER, 2000 GAR( W. DOKICH LS.1893 ^,_ X E351N'W MI533' aN511'> "N� Inn* AVENUE 50 R M51'XN 1' LOT RR x Ysl X s i� Ix'IamK�-- Y2rDul. 6F�111.19M1-+ LOT 00� 61mK qF. `% .IN 1 Xx451'6M1 I) n]Jm LOT K 99 107 a :$i .F v _ _ — _ss.Js' _ 106 g) L� LOT NN " 110 k I11 � IS Q RMpp.4kA�M K g e�' x> s 100 �• } x •�i'Ipg'r C fr CAMINO PRIVADO ¢r / W .R$-">ZICITy . a° •/ N g / / X 1951'1 M ll.fd 105 x / LqX 109 I M ' a / e 96 I may` XTn' ns'pYm IE i ■ k IRS I53' I � .1 'tl 10e �■■r � 51' •� 116 1 1 104 Sr T 9 \ 102 103 \a% ssS \ scncE r-w' rs 120 o \ "t 11�'a, .� aS 4\ 121 t, EAT N r; yrg \ 94 91 90 93 a \ \ 1L'� i 122 / M SEE SHEET NO. s8 i g \ 1 EAT Z 92 A 1 r la1K a n N gN I I 81 � N I51[0• _� L • I N i\ 9I r a M I 123 N y N)JIS XYId E IY9P I G_& CVRVE TABLE Ip IpU NgJS MC 14T I Ip ELLIA 0.'bE M[W IN 1.1 0 I 9Itl][a IlW M91' ux 1 RYN 11W XY IAIT LOT T I d I <la 1 Blp']4 ].W SST SST 1 11fPl6 155tl ILy' SN' �. 3 1PNRT IN.W ISm' L!M' Y LIMY ISISP ]IS ]SY / Ay 5" I mrw XY ]tx]' 19N IY TINY Im N.IT 156V 5 SYY INSP IW 6N' II 51,1, I-mlS 6 T51'Y INSP X]T ILT It I?M W. ILII lll' _ 7� '. T,(A' ',�L4SY 124 .^•. / ,'�` a Apr SN'.� ga�t� / s 40i Qr 0 \01•SN'b 89 87 4 88 U. REMAINDER A � SEE SHEET N0. 12 SEE SHEET N0. 12 \ SEE SHEET 3 FOR %WIEIOR'S NOBS o N� Y Ixo IY SEE SHEEP N0. 13 ` EASEMENT NOTES AND IMSS OF W ATH0 [ u xseY-I RI-m MINA! 09A1 (114 IN THE CITY OF LA QUINT& COUNTY OF RNERSIDE. STATE OF CAUFORNE SHEET 8 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBDrON OF PARCEL 1 OF TAT ME ADJUSTMENT NO. 90-117. RECORDED NOVEMBER 2, 1990 AS INSTRUMENT N0. A03768, O.R.; AND A PORTION OF THE NORTHEAST f Ir. Is JNB. OlQR1ER W SECf10N 5, 7D'MSWP 8 SOUTH, RAl10E 7 FAST, SAN BERHNONO, BASE AND ore az. xo Nr ¢t. QUARTER: IN THE ION OF lA OUMA, COUNTY OF RIVERSIDE, MFO N A u N NR 5Ec s 1x MDS CONSULTNO DECEMBER. 20DO GARY' W. OORICH LS, waBN112/0. xx N511" W.iC]e1S1l l N].M' mw in In �M _ — 114' IN AVENUE 50 x me [ 0a'x [ m' Zip 919I' LOT RR llael' 10, W _ 'P�� LOT OO-to r`�Ivrl.31 1. 9uz LDT L `E$aI.,L `b WELL SITE 17 Ci LOT T 1R w 112 LOT NN 110 111 X _ x va'zmll _ DE SO L A SOL • \ Nee n : -oft" -l1 yfl \ W qly xwsr 109 118 G n ri 113 I = LOT A iq. g tl mN AC toe x enn(x mR' I ll.N' a Y� l• W I& g x NS@6Y 110.50' 11 k Tc r..0' A kk k uis� s 1]11 119 120 -- I�� d w i\ x 121 .b � _ \ 117 W ~� 9116' °♦ `♦W'T7•.'� Nro�IS<ON l � N \ \ \ 1p \ a1Cl ♦ YXtC w � \ ♦� � l� � � I IS' ] \ 10x9 122 xm'"k€`'� r�VIA SIMPATICO ` LOT Z \- lu'Oc 1 / 126 - 2I ii 1$a \ \ '-'' I ^'a ,AoS g LOT Lm I 123 a "s�gR 127 I>a K ; . •`x ITA}1 {x I5} lu' F I33'I dI - ♦ Y if. u. �f 51--'� N• Ah' alxlx*AN� � 4rs. •'°'vm'r n]N U z '�: *a6ry 121 �+ 125 �4' 128 CURVE TABLE M aL1A 0.(M .xa IR LN HK,YT ,•1 1 N1T11 MSP n.a w0' ' 1 q]TJS i15Y llm' 19Y' M rST• \ AMH umYlr R1B S� I1�\ s 9RNm xm N.w xm ♦ �,^ / *.0'yp 1L JRN'1( 1115V 11.]l Yl]' i IB]r]J 1li'/I an' lass � 4� �' ' • , c e .I naxi mm• laa• / i 9 Iw1Y Ilsm T.sr leer 129 / xU. LOT PP IIT REMAINDER l0 1X'aa$ Nm 4.1f u' 1m' F� lm3w II'mo um 14M loll' . pyB IJ 11 IPWw N!0 NN' ". 13 F"Tool" IN.Sa 17M FIR' .A x �" I� rail II rI r mw lm leT SEE SIEET 3 FDA Smoke(]RS Is Nlrot xiW' 3115' ILST I I + ix »roIN xim Rlr lur FASFYdT Ig16 AND HA45 6 BFN$NR lss' LOT 0 awe a N ] II]77( 5aW Aw RIG' le NNm 11m RN' Ism o 1a w N 110 IN VIA W?VIUA n 1r]rsf eRm Nlr D.lr SEE SHEET NO. 13 9HyonlupRll,\19ase-I\la-m 093 015 N THE CITY OF LA OUINTAx =NIY OF RNERSIDE. STATE OF CILFORNIA TRACT NO. 29858-1 BEING A SUBDMSION OF PARCEL 1 OF LOT LINE ADJUiTNENT NO. 90-117, RECORDED NOVEIIBER 2, 100 AS INSTRUMENT NO. A0 M, O.R.: AND A PORTION OF ME NORTHEAST MERIDIAN: N THE CICITY OF LA OUINq COUNTY RANGE OFF RIPERSIDE O1ffORN BERNARDINO BASE AND NOS CONSULTING DECEMBER, 2OD0 OAWY W. DONICH LS.4893 SHEET NO 3 SEE SHEET SHEET 9 OF 13 SHEETS I } } SEE SHEET NO. 3A.?E \ SEE342 1411X� \ 2} 35 W I = g OI R - � R X B9'YYIft IHW' ' Q� Tr 0 38 II � • x rryuv ryg. �I x /A'srnv xer . sli E e I I, I Ii SCx r-xo' I, I P. M. 26626 I; P.M.B. 176/40-50 I I I WAC: I 1 .> �•tN `WA SIN CUT �A` �- xxoxoxo � � IAINR 3MX'11 $ I yT_ •I 37 F 38 ----- -------------IT---- 39 x zvm 40 Ir 41 \R oX° >9U iy MI S' 42 48 I I I A6 �II \ zl \\ u b N A'09'AN L XI Y i\ �L i I µ 13 ;a,Y I X (IN A951NN .lV IM19BIp119' IL') FMI-PUTT. '---------- — SWM INEWI/1. Ix nc a xru. u3a cm. — — �: TIT24080 x[ I/1, xc s CURVE TABLE �/ a euu ANXe xre: uI ]xl / / M . 2O/3B-52 I z11TM• UIJI' 111 z7 z x9erD• zssr Oer .r o Ilv'n• Mxv N3r un• 1 IYI4ID Ib1>' 5 IYNV Ibex YP N21• 6 MINY R13x Em 2" or / \ 9 II'IMf 21w w ce � \ p 6'I tISW t626' ILA \ II 10' i]f E1Y Q PLw'Y IISI/ i3AY IIZ✓ SEE SE 3 m WW/Evm NOTE, \ 0 M 10 eo Izo 160 I EASEIEIN NOTES AND " OF BEARIXG3 4XIMWVW91XL�2965e-IV W 45N1/el 094 016 IN THE CITY OF TA MINTA COUM OF MERSIDE, STATE OF CAUFORNB SHEET 10 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBOMSION OF PARCEL 1 OF LOT UK ADJUSTMENT NO. 90-117. RECORDED NOYENBER 2, 1990 AS INSIRUMFM NO. Q3766, O.'IR.• AND A P N OF THE NORTHEAST MARTEN OF SECTION 5, TOWNSHIP 6 SOUTH, PANOE EAST, SAN BERHARONO BISE AND MERIDIAN: IN THE CTY OF LA OUMA, COUNTY OF RNMDE, CAUMRNM CODS CONSULTING DECEMBER, 2000 GAN W. DOBICH LSA693 SEE SHEET NO. 5 n PART a LOT W ^ LOT W22 a� 79 V Q V X 1'Mm' f N IrJE'06 [ Ip 1u' xar Rx sar Rn � s< xX �]� Rd)3.50' L•II). 10' i T' �' N EF i 6D N _y M!'ros,L4E r.W� — n per. 76 / Mr{1�Oit M�Elll9,�i� (RNYA1[lIRR)WT�lr111 • l.�i a� _ r x X9M_3Y[ 1 •N \ - Gar • RE)9!0 -'.'1 MbX x' sY PdN.30'1.116.15'ul 1Y 19�°{'ww��-_X_I(_ xW�[ \ y I r k °•I'M'w L•ISA �\ :0\QIOIp \�_TQl �j aY'^' M• \ �,t\ Mf f / i�_JE \ 5 T JJ zl a _ 5m' XIO J/ D 10. - x II'G'SX' E \ �' 4P 61x M. LOT . r— M 48 \ \ a7 d' 71 Syz,F�py, _ 38 I II 49 f9e,, D, ;m p / J341 ® 9 \ \ {7 ... SCKE 1"-M SD LOT c /. B/.t8' / 57 l T 6 x G'rMR �"� I• "/ 'm3 rI A x w N {6 51 .H.M' IXvT ]I, NX'�Waw � ' 1A,Y 1�5f I x Ys4w'r uSSN / - / u aNf 52 80 F W 1 � G 3531E a myC X E9Lj l0'r X IYItlDYr TRW .4 1532 1 x°lyllw .p°:�, a rw xW15acy5o _ p 4 i B 53 - 55 § g '� A3 54 61 AR 4 e N G�-- I 1 __________________ _____________ _ ______I___________________________________ ____________ _ __ -- —Ilox' -------- mM� � u1141 uM' —y xYSLvIr IIDI.N' (ImIJs') K1/. CURVE TABLE xo Ina AnR6 Na Lx tx xo Inu M°Xs xe ur vA TFl. 24830 — 19}WW !JY' XAI' tW II AJTIf U5f JYDI H.11' — — — — — — — — _ ME, 213138-62 1 NI)K Im.Y l4Y 1J.13' N FSrYf !rtar 'AG' 16Y _ _ _ _ _ — — J !IS'(C 'd6Y H.1° E)JY G 1J1i19 !Oar A.IT w — — � R Irma naY A0' Hx n rlmf lmstl 1T zW \ TITS? f6lO T]T W' -T — _ ! 1f4I0Y 135Y ltM' TAN' I! YIYO 1Gb' 611' T r HIlf6 INX! ISM' ll.1J' A LY IOtQ AtG' ;lSdf I I ! ]SNOT )16W MAY COSY H 1BaJ33'# !SH' I MV 9 OIBa !COW Jl6' 15Y !E ISISa MN Ms)' )Sw 10 Oqa HE HE IR N 8YIY MDT JIJI' I'll 11 I$W(Q 1MW Y11' 1631' H YYTf 11IYI M AW II M]1'Y IGM AM' II.IY ]3 MWa 15W ION 13W IJ 1100RT E5M All' IIW 0 20 W W IM $60 SEE SHEET 3 FEN SWNEIORS NONS. DSn NJT NOTES AJA BaWS OF REARM X Ino IxM-I a-IR M I 095 (117 IN THE CITY OF LA OUINTA COUNTY OF RNENSIDE. STATE OF CALIFORNIA SHEET 11 OF 13 SHEETS TRACT NO. 29858-1 BDNO A SUBDMSION OF pMCEE 1 OF LOT UNE ADJUSTMENT % I17, RECORDED NOVEMBEA 2, 1990 AS IN5IRUMEIR N0. IDJ7INS O.R.; NJD A PoRIION OF THE NORTHEAST QUARTER SECTION RANGE 7 EAST. SAN THE fl15E AND MERIDIAN; IN QUANTA• UNN OIINERSIDE CAFdUM MDS CONSULTING DECEMBER, 2000 GARY W. DDNICH LS.4693 V f0 SEE SHEET N0. 8 n SEE SHEET N0. 5 o I i 79 $ x u awn N a� LOT w � z 80¢ IN 78 xv_n'IlR a< r VIA SIN CUIDADO COURT I 6. Bt �•, e 'gym � as Azlly pOr x>T� x]c9�'xl]P�° 92 \I J LOT JJ Rw /. �• 04 ,¢'' COTD 85 SBL 8S ,s"� / as VN' �, .p� / 72 1 57 \ A pa N• I x LN4 •. (✓w `x'°'n'I. zxw r-ul.aLOTB� r �� Y� x•a-F L.r .nil ./ t `71 58 S Fi` i R :Aa � �I- = 66 33F to 59 g / § s Y 65 7M.1 I W / N6'YS'�L� 1'1.1' 70 56 o R �T¢ 60 gre I S g a. AN 64 67 W ; e 13 1 LOT K 55 = 68 _ Ta 61 62 63 s v 69 _ P'''r —_ —_ ------- ------- _ R61u' —_ �� X W}I'MN IYLIB' (IRIIH -t-+ tlW91'V 21.11' ln.Irl� � x n}191Y IOL14 (HOLM TR. 24080 x5d11%1 SECx5 I/1. MB. 21)M-62 — CURVE TABLE _ AND, TR, 24B00-2 - - — —� MB. 2MN2-i)0 — — — — SEE SHEET 3 TON SURXF]OR'S NO1F5, o x to m IP Izp FASFLENT NOTES AND RASH OF BFNIIM3 uLl]9X6LxxRIxc1P%B-Iwo-II %rX]xI NI nllx I Izvar z nrar ] N91V 1 R'S1'II' s rtxa• 6 I]'16M' ] JrJNr e rXYJr p iV�gl' M[q6 snor ssLs IWY Z1W zvY iB034' zJs Isis � xX[ ✓+t OLn' a% 36b9 ]SP xn 61AY s3M' n1r lii6' 1M nur Ls zNC aN nN• AM' zMr nN• 231]' In 41x n u}Ys u nsz7r O IYIfP• LI n'IRB' n %sla• n =WZY n I%'Is%• n 16'8'x P i1190)• PWn z1uY ns n131 SSM is n'% PSF' zvr HY MC L41 ns snr la]r in' sx' IL%' xm• ns PN' IMI %Iv ns ME' 3]r sw tax' Iz.u' nx• IiR' M nLix 0.\NA a In9R' as a TIW%' w�a P I'n9r z13Sr N IY3YIz' YO P nSYIY sm 26 IRr21' %n' n a-nv son• a P9rm ws R BGr'A' � p6 LGl Pm xs M6' 1411' 1%7 n.9r u2r yr P9T IM Izm nlr A7J' YI' Tw 199Y nn xn' Vftl n9�; IN THE CRY OF LA OUINTA COUNTY OF RNERSOE STATE OF CAUFORNM SHEET 12 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBDMSION OF PM & 1 OF LOT UNE ADJUSTMENT NO. 90-117. RECORDED NWEMSER 2, 1990 AS INSTRUMENT N0P . 403766, O.R.- AND A PORTION OF THE NORTHEAST OF SECTION 6 BASE AND GWYERSIDE MERIDI N; IN THE CRT OFTkQUINT& COUNTY OF CAUFORNBEAWADRND MDS CONSULTING DECEMBER. 2000 GARY W. DONICH LS.4693 n \SEE SHEET NO. 6 m va m SEE SHEET NO. 7 / r r woi i t ttt II.xC \ 1 �T w ' r rL• ¢ 5 TAT Z \ ns' 291W MOWE g W ta 39 3oui,T�c LLLw1 � 86 97 , ] lx � � I �• s`• L'xb snw[N+21 � lrruy` �' NSW%/ LOT CIO X. el qY lSIO�.A 1 ,iy.�J c€ l li z E• N �`Pp ��X IPMM II_ APN�� 4 �I 1 S V ` J)/1' / • i.i m m C.`j _� �y3 Ste• X NI516 N // JN s /x/�I„ x IM� `_ • TJ 1 `'8 ,IN�EIiiY76�B�-AT`pUtll ay a r [ ,a5' 140Ok xwd" / • i g �+]T li^+ x 5*- lu ill rg,7 LOT AA ` °u9 K / LI 11I 130 72LS 4 /r • � t`Yl aD� " . 14 � J9�fi51 N I F ] x. B 9I REMAINDER 140 1 6 7" a , F" I >rtTJ 668 I / 1321 _ a ! �e]gPe m' nr 1 m " 1. N ax•' 70 133 \ s a 133 'a I 3�! �i -e.N L-DA ! P499.5p' L.]J.61' $'J,\ VIA AMANTE-- LOf VIA LOT 9 COUWT alb �. 4 i i 16L. .\ ee' ..8 a.9bK � asII xeb w' we.l '_ \ 137 + - / sM 1 fig 135 134 tl I / e e y 136 p'p�p�•$ IWE --- — — — — — — — _ AMD. TR 249DO-2 MB. 244/D2-110 /-------\ \ CURVE TABLE F p I x[ lel 1M 110 NlU lol6 .YL M 4[IIA N ML 4M 10 RlIA N➢NS I% LGI 1M T 4 m ), I RSJY :SStl J2.Y 19.1P 10 II))M low W J1.41 19 Ifll]f NStl I3AV II.1P M EINR( 11Y bbl A.Y / , Ssw I301' 28 M 2T11'Q IwDY Pa' 19.d' 11 ON'If llT 111' 3rolfwgW J ]1 my 21W = 1 ] Im— JW aeY 1df' I] IMe TAM 1]R' NPr ]I IIWW " &W IW IJ fN]f IwwM iW IIll. 4 IfwY U.1P ld' 4 ]I'll'IP 3W 1.9' iST 31W 5 I'S2t )SSW 1M 3N' d PbY ]PW JM ISI' tJ VI'veOV WSW KV 1466• / IlH' IB35' IS In5'ff IISW 1SW' 125T fl a1fN YNSP M1P I3R _ 6 1iJ]51' L559 1 NITIY 101.'O Wf IIIJ' N ZIYLi 1IW LH ]N R w01Y IWM 'IS" all' / 1 KITIZ '1]A' X.Y' ]].ET 11 IPJI'b' INW Imv ON % II'JIYZ lmw b.l]' Wv N 1111'2Z ]SW IIM 191P IE 6TSIN ].IOU XW MW ]] ZI'Rt 1b.1P IOW SN / o ro w w ao SEZ SIEET 3 FWt S.NNEORS NOELS. FASD�IT NOTES W4D BlSS OF BEARINGS I: 1 ]9wa-I wv-n o m of 897 4119 IN THE CITY OF LA OUIMA COUNTY OF RNERSIDE STATE OF CALIFORNIA SHEET 13 OF 13 SHEETS TRACT NO. 29858-1 BEING A SUBOMSION OF PMCM 1 OF LOT LINE ADJUSTMENT NO. 90-117. RECORDED NOVEMBFR 2, AS IN N0. 403D98, W THE NORI GEPoRB TOWNSHIP AND IRIER OF SECTION 5. TOWNSHIP 8 SOUTH. DANCE 7 FASr. SM BEIBMRDINO flASE MD SECTION WSON E T x MIDLV6�1I U� Oi u OU 112� RNERSIDE��H LS.4693 -STRJEFEET STREET A VIA SIMPATICO � ry 123 1 tlD 11� SEE SHEET NO. B �-x'227 124 Jswmmmb ,;, `''�` axes. Ps• Ps• Is' m st S 8 y a v �. 5 1 x LOT A w i<d¢ [•x]d' ♦ Abe qMc OAIK ,'] F m 125 ks 9� 129 5" `4?� sd I �E �$ N w L.19.d NNm OWT'$ E ar wo A 129 C G 1 � � LOT Z �I4 \ \ wo L AP- y b .' eb.m f \ \ ith` 11dNiIS_ ±1,135 KP-•�wb�•'FxH51tll'F \ \ \ a ` ` � P0Y55d9, y23j°y O51' �1� yN •- r LOT 0I- W N..Y i —ram - wxx6 If u y11x M,ARF,VIIU w w;N, L swE r-1a S'LOOTE LA H, I = � W _ I N T Z I O C z � I W I � W }�<M YT C TIT I REMAINDER Re W TJmK M' W 52 x eiesi0v ' SLOT AB k DETAIL 'A' I � yPT 10 4WE- / I I � , � X69N'KY MI.NxIN [IY11 w> A .. TR 24900-2 Ma 2402'0O CURVE TABLE Ip lau Bd5 M[ w M M NW 11,p5 MC IEI wl I 91PO1 YAm Pbi IbC P i4INF Idd' M.1Y }LST x tlRD} N]1 AbT 1415 Ib ]IIOEQ IWOY MIP 3],If —� 1 TM'K NYY Y1T ]I.P' IE INIf1P llJP 1N,1M NNS 5 Sld'If I'm ]l]P Y]P II ;mrw, INY1V 'm 19.91' P IT6'NT I15.1P PAS' Imr 1 Isom ]m' ui v 11PSY 9 ISLL'1T 711 4T' 10 SI}6S IN ILM ]A IN 11'HIiT Ill"'aw It31' M Nd]f N l,P,f HDY P:EO' IS]Y SEE BEET 3 FOR SlIRh1LR5 ND16, a P w m 1P 1m EASEMEM "m INO BA56 OF BF1Nl65 P9d-I Nx-11 d 1 xl 20 Attachment 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29858-1 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this Z`/ f< day of MR , 2001, by and between RJT Homes, LLC, an Arizona Limited Liability Company ereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29858-1 (the "Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security,„ shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: n 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 099 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29858\S I Agreement.wpd Page I of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements 100 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\LINDSEY\TRACTS\29858\S I Agreement.wpd 022 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 101 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29858\S I Agreement.wpd (i 2.'3 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not 1 0 7 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, ,04 T:\PWDEPT\STAFF\LINDSEV\TRACTS\29858\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 103 T:\PWDEPnSTAFF\LINDSEY\TRACTS\29858\S I Agreement.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: SUBDIVIDER: RJT Homes, LLC, a Arizona Limited Liability Company 79-700 Avenue 50 P. O. Box810 La Quinta, CA 92253 (760)564-6555 By: c,MAO Date Title: PROlOCT AtAA A64c By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 104 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29858\S I Agreement.wpd 0161.16 Page 6 of 6 Exhibit A SECURITY - TRACT 29858-1 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (On -site) 590,888 590,888 Street Improvements (On -site) 692,966 692,966 Storm Drainage (On -site) 788,653 788,653 Domestic Water (On -site) 678,300 678,300 Sanitary Sewer (On -site) 682,295 682,295 Electrical (On -site) 352,500 352,500 Street Improvements (Off -site) 174,792 174,792 Offsite Jefferson Street Imp. (Participatory) 55,000 0 Perimeter Wall (Off -site) 253,000 253,000 Perimeter Landscape (Off -site) 616,765 616,765 Monumentation 49,880 0 Construction Subtotal: $4,935,039 $4,830,159 Engineering & Plans (20% of Construction) 987,008 No -Plans Contingency (25% of Project) 1,480,512 Total: $7,402,559 105 02f State of California County of Riverside On May 25. 2001 before me, Regenia Hensley Notary Public, personally appeared Chad Mgyer , proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) / REGENIA HENSLEY C/ Commission 111274458 WotMf Public - Carrkx is t8wMide Caunly AVCa,r.n.B0wAUpn.M Document Description: Subdivision Improvement Agreement - Tract 29858-1 (RJT Homes) Number of Pages: Eight 8) pages including acknowledgment page Date of Document: Undated at present time M T4'!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE. -June 5, 2001 CONSENT CALENDAR: ITEM TITLE: Acceptance of Improvements Associated STUDY SESSION: with Tract 28458-1, Bella Vista PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract 28458-1 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping is estimated to be $791 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Bella Vista subdivision is located north of Fred Waring Drive, east of Washington Street and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept improvements to Tract 28458-1 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 107 T. W WDEPRCOUNCILUW 1W10605c wPd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 109 T.W WOEMCOUNC U200IWI0W5c v pd 0 ! } :.. PROD SI7 VICINITY MAP N.T.S. ATTACHMENT 109 004 ATTACHMENT 2 TRACT 28458-1 Performance Payment Warranty Improvement Security Security Security Grading $32,167 $32,167 $3,217 Streets/Drainage $317,657 $317,657 $31,766 Water $130,374 $130,374 $13,037 Sewer $104,456 $104,456 $10,446 Electrical $90,860 $90,860 $9,086 Monuments $16,225 $0 $0 $691,739 $675,514 $67,552 Fred Waring Median (Participatory) $67,760 Retain full amount of participatory improvement security until improvements are constructed. Release performance security when warranty security is received. Release payment security in 90 days (September 5,2001). Release warranty security in one year (June 5, 2002). T:\PWOEPT\COUNCIL\2001\010605c wPd I COUNCIURDA MEETING DATE: June 5, 2001 ITEM TITLE: Acceptance of Improvements Associated with Tract 28458-2, Bella Vista AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract 28458-2 and authorize staff to release security upon receiving warranty security. Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping is estimated to be $389 annually. None. Bella Vista subdivision is located north of Fred Waring Drive, east of Washington Street and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 28458-2 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. ill T:\PW DEPT\COUNCIL\2001 \010605dwpd Respectfully submitted, Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 11'' T:\MDEPT\COUNCIL\2001\010605d.wPd 001 ATTACHMENT PROS SI7 PA" VICINITY MAP N.T.S. 113 004 Improvement Streets/Drainage Water Sewer Electrical Monumentation ATTACHMENT 2 TRACT 28458-2 Performance Payment Warranty Security Security Security $133,391 $133,391 $13,339 $50,446 $50,446 $5,045 $48,004 $48,004 $4,800 $52,360 $52,360 $5,236 $8,500 $0 $0 $292,701 $284,201 $28,420 Release performance security when warranty security is received. Release payment security in 90 days (September 5,2001). Release warranty security in one year (June 5, 2002). 114 005 T.\PW OEPT\COUNCIL\2001 \010605d.wpd f AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: g ITEM TITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract 28458-3, Bella Vista PUBLIC HEARING: Accept improvements to Tract 28458-3 and authorize staff to release security upon receiving warranty security. Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping is estimated to be $44O annually. None. Bella Vista subdivision is located north of Fred Waring Drive, east of Washington Street and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 28458-3 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 115 TADEPT\COU NOU2001\O 10605e. wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 116 TAMDEMCOU NCIL\2001 W10605e.wPd 00n ATTACHMENT PROS SI7 PAU VICINITY MAP N.T.S. 117 004 Improvement Streets/Drainage Water Sewer Electrical Perimeter Wall Perimeter Landscaping Monumentation ATTACHMENT 2 TRACT 28458-3 Performance Payment Warranty Security Security Security $209,830 $209,830 $20,983 $156,356 $156,356 $15,636 $31,042 $31,042 $3,104 $33,880 $33,880 $3,388 $56,320 $56,320 $5,632 $114,961 $114,961 $11,496 $5,500 $0 $0 $607,889 $602,389 $60,239 Release performance security when warranty security is received. Release payment security in 90 days (September 5,2001). Release warranty security in one year (June 5, 2002). 118 T'.\PWDEPT=UNCIL\2001\010605e wpd OU5 COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Acceptance of Improvements Associated with Tract 28457-4, Bella Vista AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract 28457-4 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping is estimated to be $508 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Bella Vista subdivision is located north of Fred Waring Drive, east of Washington Street and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract 28457-4 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 119 TW UEPTICOLMC IOMWf0605E.wpd Respectfully submitted, gw�� Chris A. Vogt 1.0 Public Works Director/City Engineer �Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 120 T�K-WM%01 ,." 002 PROS SI7 PAU VICINITY MAP N.T.S. ATTACHMENT 1 121 ATTACHMENT 2 TRACT 28457-4 Performance Payment Warranty Improvement Security Security Security Grading $8,625 $8,625 $863 Streets/Drainage $183,966 $183,966 $18,397 Perimeter Wall $60,000 $60,000 $6,000 Access Road $96,367 $96,367 $9,637 Palm Royale Drive $25,358 $25,358 $2,536 Water $90,352 $90,352 $9,035 Sewer $66,140 $66,140 $6,614 Electrical $44,800 $44,800 $4,480 Monuments $6,500 $0 $0 $582,108 $575,608 $57,562 Release performance security when warranty security is received. Release payment security in 90 days (September 5,2001). Release warranty security in one year (June 5, 2002). 122 TAPWDEPT\COUNCIL\2001\010605b.wpd 005 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2000 CONSENT CALENDAR: �O ITEM TITLE: STUDY SESSION: Approve an Amendment to the Memorandum PUBLIC HEARING: of Understanding with the La Quinta City Employees Association Regarding Replacement of the City's Insurance Plan for Fiscal Year 2001-2002 RECOMMENDATION: Approve an Amendment to the Memorandum of Understanding with the La Quinta City Employees Association regarding replacement of the City's insurance plan for fiscal year 2001-2002. FISCAL IMPLICATIONS: Approval of the amendment would lead to the replacement of the City's current medical insurance plan. The maximum premium for the new plan, Princhoice, is $754/month. The maximum cost for medical, dental, vision, and life insurance would be $844/month. This would be a net increase of $21 /month. The combined total increase for all employee benefit insurances is $9,169.68 or 2%. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 21, 2000 the City Council approved a Memorandum of Understanding (MOU) with the La Quinta City Employees Association. A provision of the MOU authorized the establishment of an Insurance Review Committee (Committee). The purpose of the committee was to make a recommendation for a replacement to the City's health insurance plan. The current plan will cease as of June 30, 2001, and the plan's carrier will discontinue offering the plan. The committee reviewed a number of 123 health insurance plans. It has recommended that the City participate in the Princhoice two-tier plan offered through Abd Insurance Services for the fiscal year 2001-2002. An amendment to the current MOU (Attachment 1) has been prepared. The amendment will initiate the City's participation in the Princhoice health plan. The amendment also requires the City to sponsor an information session that will outline the details of the plan. The committee will remain in existence for fiscal year 2001- 2002 in order to continue reviewing alternative plans offered through CalPERS. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an amendment to the Memorandum of Understanding with the La Quinta City Employees Association regarding replacement of the City's insurance plan for fiscal year 2001-2002; or 2. Do not approve an amendment to the Memorandum of Understanding with the La Quinta City Employees Association regarding replacement of the City's insurance plan for fiscal year 2001-2002; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: ��/Zz Thomas P. Genovese, City Manager Attachments: 1. First Amendment to Memorandum of Understanding 124 002 ATTACHMENT 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING RECITALS A. The La Quinta City Employees Association (Association) and the City of La Quinta entered into a Memorandum of Understanding (MOU) for the period of July 1, 2000 through June 30, 2003. B. Section 3(C) of the MOU required the formation of an Insurance Review Committee to review the City's current medical, dental, vision and life insurance coverage in light of the fact that the insurance plan in effect from July 1, 2000 through June 30, 2001 would no longer be available as of July I, 2001. C. Pursuant to the MOU, the Insurance Review Committee, made up of two Association members, and two City management employees, met several times, reviewed various insurance plans, heard presentations, and calculated the cost of various proposals. On May 11, 2001, the Insurance Review Committee unanimously recommended a replacement insurance plan for fiscal year 2001-2002. NOW THEREFORE it is agreed by and between the City and the Association as follows: 1. Effective July 1, 2001 through June 30, 2002, the City's insurance plan shall be the Princhoice two-tier plan under Abd Insurance Services, as set forth more fully in Exhibit A attached hereto and incorporated herein by reference. 2. The City will hold a presentation on the new insurance plan for all interested employees during the month of June 2001, where employees can find out information and sign up for the desired plans prior to July 1, 2001. 3. The Insurance Review Committee will remain in existence for fiscal year 2001-2002 in order to continue reviewing alternative insurance plans, including specifically those offered by CalPERS, and may make recommendations to the City and the Association for alternative insurance plans as of July 1, 2002. 4. This First Amendment to the MOU is subject to approval by the City Council prior to being effective. 5. Except as modified herein, the MOU remains in full force and effect CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES ASSOCIATION Date: 2001 Date: 2001 397/015610-0005 004 186242.01 PM01 Tw�t 4 si Q" COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Approval of a Contract Amendment with Vali Cooper & Associates to extend Construction Management Services for Project 99-05 Jefferson Street Improvements, Phase I - Avenue 54 to Hiqhwav 111 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: // STUDY SESSION: PUBLIC HEARING: Approve Contract Amendment No. 1 with Vali Cooper & Associates to extend professional construction management services to support Project 99-05, Jefferson Street Improvements, Phase I - Avenue 54 to Highway 111 in an amount not -to - exceed $137,736. The following table illustrates available project funding for technical services: ITEM AMOUNT PROJECT TECHNICAL SERVICES BUDGET $ 987,273 Materials Testing (approved contract) $ 42,960 Construction Staking (approved contract) $ 98,675 Construction Management (original VC&A contract) $ 444,494 Remaining Balance $ 401,144 Proposed VC&A contract amendment No. 1 $ 137,736 Proposed remaining technical services budget $ 263,408 None. On November 16, 1999, the City Council approved a Professional Services Agreement with Vali Cooper & Associates to provide professional construction management services in support of Project 99-05 Jefferson Street Improvements, Phase I - Avenue 126 TA WDEMCOUNCIL\2001\010605n.wpd 54 to Highway 1 1 1 . The amount of the original contract was $444,494. Notice to proceed for this project was issued on May 1, 2000, with an original contract duration of 300 consecutive calendar days in which to complete the project scope of work. The original contract completion date was February 24, 2001. The Contractor's current revised completion date is now June 26, 2001. CCO No. 1 (Attachment 1) will extend Vali Cooper and Associates' contract a total of 81 days and allows for project closeout time to administer any outstanding punch list items or contract compliance issues. Sufficient funding is available within the approved budgeted amount. No additional appropriation is required. Staff and representatives of Vali Cooper will complete an analysis at the end of the project to determine the causes of the extension of time. Staff will pursue reimbursement for these costs from the party responsible for the time extension. The alternatives available to the City Council include: 1. Approve Contract Amendment No. 1 with Vali Cooper & Associates to extend professional construction management services to support Project 99-05, Jefferson Street Improvements, Phase I - Avenue 54 to Highway 111 in an amount not -to -exceed $137,736; or 2. Do not approve Contract Amendment No. 1 with Vali Cooper & Associates to extend professional construction management services; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. VogIr Public Works Director/City Engineer Approved for submission by: x�� G Thomas P. Genovese, City Manager Attachment: 1. Contract Amendment No. 1 127 T:\PW DEPT\COUNCIL\2001 \010605n.wpd GO Jun 01 01 07:06a VRLI COOPER 6 nS60C. 510-215-0760 p.2 MAY-31-2001 10:54 FROM:PLBL.IC WCPKS 760-„7-7155 '0:4191644 ATTACHMENT 1 I..wir .r E Sheet 1 of 2 PROFESSIONAL SERVICES AGREEMENT; PROJECT NO. 99-OS JEFMRSON 9TRETtT IMPROVEMENTS PHASE I - AVENUE 54 TO HIGHWAY 111 CONSULTANT: VaH Cooper and Associates 41 Washington Avenue Point Richmond, CA, 94801 YkAwlhk+#w•wwkwwwRRR CONTRACT ►CHANGE ORDER NOS...LRR•RRf*1rR!!!RlRRwRkR►wlRRRRRRe pursuant to tlx terms of the original Cbatract A870mumt, yw am hereby dimcmd o make the hamn dmcihcd changes or do the dkwingdescnbed nark not incladed in the plans am ipeoificetions for this Conned. CNva oth srµitm Matta all work shelf cordarm to the terms, pneral eondidons, and speda: proeigiong of tltc otiglual Contract !RR#wf RRtRRRrtRw!#wkkrtilwk RftRrtRtRRlRRtR!lRRRRt►RRRwRRw•wwRk•wwwewwwwwwwReflww►RRwekwwRRwfk AESCmPT10N or C xam Rntsnd the paefortnattoo of profosionol nonsonctim management gw&es to euppart projwd No. 99-05, Idlamon Strcct Improvcmcnts, Phase I - AVOnne 34 to highway 111, tgwRRRRRRk►RkRARRw!!•t!!►!!■fb►R!!►!RlRR4RRwtlRRR!ltf RRwR•tRRRRRR►RRgl►!wR!!w!lkik!!ki! Prcviaus Cameo Amount Through Cltango Order No, , j S 444A94 Add this (flange Order $-_ 1__R37.736 Revised Contract Totai S 592,230 By re"M of this contact charW order tie time of coagddba is adjuatcd m follows; 81 days added tt ewArad tune. Tha revhtad el kW campWtioa data shill he¢ 09121101 RRRRReRewwRRlwwklwwRwwwwrtRlRw#wReRRwwwRwwRR►tR!lRrFRfRRR/11YRRlRRRRRRRRRRRRRlRRRRRRRRRwrt RRRww Submitted Approved Aw#•ww►k►wwwwww►►►lRwwRwfRRRRwRwkRfRtR►RRRRRRw RRwRRRRRRRlRwwRflfwewflwwwwwwkwwwwRwRwwwwwwR We, the undersigned Conaaltant, have gireR avefal ems"aredon to the ehaece proposal and Hereby eprea, tf this proparal is app raved 'hot — w1N provide all ogaipnent, jrmtlrh aU mateNOIA perform all labor, Meet an may be noted above, and perform all services necessary to eempl" above=pacified>or)� and hamby accept asJwllINgment the amount shouw above. Accepted By:,fZ,5--50q6W Consultentl 128 SUN-1-2001 FRI 07:59 TEL:760-777-7155 NAME:PUBLIC WORKS Jun 01 01 07:06a VRLI COOPER & ASSOC. 510-215-0760 p.3 MAY-31-2001 10:55 --RCMI:PU9LIC WORKS 7h0-777-7156 TO:9191644%876 P:313 SIR $ W.TT 00 0 Do i 1 129 JUN-1-2001 FRI 08:00 TEL:760-777-7155 NAME:PUBLIC WORKS P. 3 Tait 4 4 Q" COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Approval of a Contract Amendment with Berg & Associates to extend Construction Management Services for Projects 98-19 A, B Prototypical Street and 98-19 Area C Westward Ho, Assessment District 2000-1 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: , /�— STUDY SESSION: PUBLIC HEARING: Approve a contract amendment with Berg & Associates to provide extended Construction Management services to support Capital Improvement Projects 98-19 A,B with the Prototypical Street and 98-19C, Westward Ho area in an amount not -to - exceed $225,603. Available funding for these services was identified and approved as the project budget based upon the actual contract amount awarded by the City Council on June 20, 2000. The approved budget for construction management services is detailed as follows: Village Commercial(Area A)/Cove Residential (Area B) & $ 442,543 Prototypical Street Improvements Westward Ho Residential Area C $ 141,167 Sagebrush/Bottlebrush/Saguaro Residential Area D $ 97,723 TOTAL $ 681,433 Less the original Berg & Associates contract amount $ 357,558 Less the pending contract amendment No. 1 $ 225,603 Remaining Balance $ 98,272 As indicated, adequate funding is available. 130 T:\PW DEFT\COUNCIL\2001 \0106051.wpd None. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. On July 7, 1998, the City Council approved the Fiscal Year 1998/99 through 2002/03 Five -Year Capital Improvement Program (CIP). As part of this program, the Phase VI Improvements were identified as follows: Phase VI A - Village Commercial Area Phase VI B - Cove Area Phase VI C - Westward Ho Phase VI D - Sagebrush, Bottlebrush, and Saguaro The City Council also approved the project entitled "Village Development" which is the completion of a prototypical street (Calle Estado). On April 14, 2000, the City Council approved a Request for Proposals for construction management services for Capital Improvement Projects No. 98-19A, 98-19B, 98-19C, 98-19D within Assessment District 2000-1 including the Village Prototypical Street; and approved the Consultant Selection Committee. On August 15, 2000 the City Council approved a professional services agreement with the firm of Berg & Associates to provide professional Construction Management services as outlined above in an amount not -to -exceed $357,558. Contract Amendment No. 1 will extend the construction management contract an additional 100 calendar days to accommodate the completion of the Prototypical Street improvements and Area C (the Westward Ho area), plus an additional 30 days to close out any outstanding punch list items or contract issues. The contract for construction of improvements within the village commercial area (Area A), the cove residential area (Area B) and the Prototypical Street Improvements (Calle Estado) had an original duration of 200 consecutive calendar days. An additional 49 days were added by approved change order with additional water main improvements to be reimbursed by Coachella Valley Water District (CVWD) and another 6 days were added for inclement weather delays. The original contract completion date was April 21, 2001 and is now revised to June 16, 2001. 131 Otlto. T:\PW DEPT\C0UNC1U2001 \010605i. wpE Area C (Westward Ho Area) had an original contract duration of 180 consecutive calendar days. Another 68 days were added to the contract time to allow utilities to clear the right-of-way and an additional 28 days were added to the contract with the approval of Contract Change Order No. 2, which added additional water main work to be reimbursed by Coachella Valley Water District. The original contract completion date was April 1, 2001 but is now revised to July 9, 2001. The alternatives available to the City Council include: 1 . Approve a contract amendment with Berg & Associates to provide extended Construction Management services to support Capital Improvement Projects 98- 19 A,B Prototypical Street and 98-19C, Westward Ho area in an amount not -to - exceed $225,603; or 2. Do not approve a contract amendment with Berg & Associates to provide extended Construction Management services to support Capital Improvement Projects 98-19 A,B Prototypical Street and 98-19C, Westward Ho area in an amount not -to -exceed $225,603; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: ( / 1-- Thomas P. Genovese, City Manager Attachment: 1 . Contract Amendment No. 1 130 U3 T:\PW DEPT\COUNCIL\2001 \01 06051.Wpd 05/31/2001 09:33 3105489195 BERG CM . ATTACHMENT 1 - PROFESSIONAL SERVICES AGREEMENT: Fbase VI Anessment District 2000-1, Project 99-19 CONSULTANT: Bert & Anociates 302 W. 5' Street, Suite 210 San Pedro, CA 90731 Shad 1 of 2 PROJECT NO. 98-19 AAC&D CONTRACT CHANGE ORDER NO. -JL flARRAlRR#lfRRlRRlf!!f#RRRfRRfRRAA#+11R}fRlff##kRRRfRff\f!#RRRRRR}}ffARRRRR\RfffRRRR\\RffkA Purotant to the terms of the original CRnttuct Av=mx L you ate hereby directed to melee the herein deapribed or do no Eolbwing deombed vvoth rot mciided in the plow and speci0catiooa for thin Conttad. Unlem otherwlae atamd all wvtt aball oomRorRss to the seta, general oonditiom, and wocial pmviaiom of the origiml CemhwL RRflffiA#RRRtRRlf#fRRRRRfRRRfffARRRR}tRffRRRRRRRRRfffAARRRRf\\RRRAk#RRRRR\■fARtRffffftfRRR E7dmd the petformaox of prademtowd eonetntWom management semen to support Phase VI Amwamcm Dlmtot 2000-1, Areas A. 13, C, D and Prototypical Stint, Project No. 98-19 ##f#(RRRRRR}!R###RRRRRRffffRRRRRRRff\!#iRARRRRRfffRfARRRRfffR#AARARRtRtflfAARRRttIffRARRRR Previous Contract Amo mt Through Change Order No. 0 S 357,551 Add this Change Order S 225,¢Q,} Revised Contract Total 5 583,161 By twos of tbia oauusa dmip ordw due time of eempledm is 14uued m tanners: 100 days RddW to conuad time. no origbW cfatnct eampletles date shall be: 07 0M A}fff#RRRRRR!!!!!RRRRRRRR111RRRRRRRRflffARfRRRRflRARRRRRRtfffAARRR1/fRfA#AAAlf}ffAAAAARR■f Submitted Approved By: BRIC RARRRt!#RRRRRflffflRRRRflRifRRRRRRRA#ifARRRRlffflfRRRRRf■ffARRRltff\RRAkRRRARtfAAARRRRttff We, the w dersigned Consultant, have Rivas careful tonddlerWon to the alwW prepers/ rod her ally ettw, if this proposal a appwed that we will provide all egtip wmt, firrmsh all tnateriair, perform all labor, wxept as mw be wNd above, amd perform all services necessary to contpleh due above specked work and herby accept as fall payment the amammt shown above. : ICY_ :1EMEIIsi Date: S O 13 005 1:vWDWT~.ECi w"erutllftvMu l...od 5/ml Berg & Associates, Inc Construction Management Services Cost Estimate: Phase VI Assessment District Areas A, B, C and D, Project 98-19 At the time of contract award, it was anticipated that areas A & B, C & D Improvements would begin concurrently with a respective duration of 200, 180 and 180 consecutive calendar days. In actuality, A&B (Village Commercial and North Cove) and Area C (Westward Ho) began a month later than D (Sagebrush). Through approved change orders to address extra work, weather and utility delays, construction contracts for Areas A&B have been extended by 55 calendar days and Area C by 99 calendar days. At present, Area D is nearly completed with only a few punch list items remaining. Areas A&B and C are scheduled to reach substantial completion, that is, allowing "beneficial occupancy" by the end of June 2001. Once construction is complete, approximately one month will be required to address punch list items and close-out. The following is an estimate of contract extension and costs. Extended Contract Period: Original completion date: Extended completion date: Net change: Closeout period: Extended work: April 21, 2001 June 30, 2001 70 calendar days 30 calendar days 100 calendar days Extended Contract Costs (Unbudgeted to date) April — (see attached billing) May — 22 working days June — 21 working days July — 21 working days Total — 64 working days Rate Schedule per contract (fully burdened with overhead and profit) Hourly Rate Hrs/day Days' Amount Project Manager $125.84 10 64 $80,537.60 Office Manager $48.40 8 64 $3,097.60 Contract Administrator $133.10 4 8 $4,259.20 Inspector $67.76 8 64 $34,693.12 Inspector OT $101.64 2 64 $13,009.92 Accountant $48.40 8 64 $24,780.80 Reimburseables Monthly Months Vehicles and cell phones $750.00 3 $2,250.00 Computers $200.00 3 $600.00 Other $100.00 3 $300.00 April Billing Invoice 900-8 $62,075.32 Total Estimated Costs $225,603.56 Please note that the above represents estimated costs only. Hours worked including overtime shall be those hours worked by the construction contractor. It is understood that payment will be made only for those hours worked and documented. 134 006 T4bt44a w AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: �3 — ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for PUBLIC HEARING: Three Members of the City Council and the City Manager to Attend the League of California Cities Executive Forum in Monterey, California to be Held July 25-27, 2001 RECOMMENDATION: Approve authorization for overnight travel for three members of the City Council and the City Manager to attend the League of California Cities Executive Forum in Monterey, California to be held July 25, 26 and 27, 2001. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 345 Travel $ 300 Hotel $ 525 Meals $ 225 Total $ 1395 TOTAL (for four) $5580. Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-101-637-000) and the City Manager's Office Travel, Training and Meetings Account (#101-102-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Monterey, California, July 25, 26 and 27, 2001 (Attachment 1). This event will focus on critical state issues affecting cities, examining mayor and council member roles in the future, and new and innovative community services programs. Mayor Pena, Council Member Henderson and Council Member Adolph have expressed an interest in attending this meeting. 135 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three members of the City Council and the City Manager to attend the League of California Cities Executive Forum in Monterey, California to be held July 25, 26 and 27 2001; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, �e.L�bi 2�� zSZSZ . Debbie Powell, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities Annual Conference Announcement 136 JG` a ATTACHMENT 1 LEAGUE OF CALIFORNIA CITIES 1400 K STREET SACRWENTO, CA 95814 916 6>8.8200 MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM Wednesday - Friday, July 25-27, 2001 Monterey Conference Center You'll Want to Attend If You Are A... • Mayor • Council Member • City Manager You'll Benefit By... • Attending briefings on the critical state issues affecting cities MAY 2 'L • Examining how your role as mayor or council member will be different in the future • Discovering new and innovative community services programs • Making and renewing valuable contacts and friendships Don't miss this valuable, educational and enjoyable conference! Note: Tbisconference will run roncurrendy with the Community Services Confornceat the Monterey Conference Center. Some sessions will be conducted jointly. Ifyou registerfor this conference, you mayalso attend Community Services Conference sessions. You can view theinformationontbeLeague'swebpageat www. cacities.om: or obtain by fax-on-demandat 8001365-0320, or request by calling 9161658-822Z I Get credit toward completing the League's Elected Officials Leadership Academy by attending the sessions identified with this symbol. The Academy curriculum is designed to provide you with a solid understanding of all the key subjects and skills you need to be an effective and successful mayor or council member, who is well prepared to serve your city and your constituents. The intention of the Academy is to encourage and provide recognition for education. It functions on the honor system. Completion of the Academy presumes one has participated in the educational sessions claimed. Hotel Reservation Deadline: Friday, June 22, 2001 13 7 Advance Conference Registration Deadline: Friday, June 22, 2001 10:00 a.m. — 5:00 P.M. 1:00 — 3:00 p.m. 3:30 — 3:00 P.M. 5:30 — 7:00 p.m. 7:15 a.m.— 500 p.m. 7:30 — 8:30 a.m. Mayors and Council Members Executive Forum Preliminary Program The Mayors and Council Members Executive Forum and the Community Services Conference will run concurrently, and you are welcome to attend sessions in eitber program. XF stand for Mayors and Council Members Executive Forum CS stands for Community Services Conference Wednesday, July 25, 2001 Registration and CityBooks Open — Portola Lobby, Monterey Conference Center Opening General Session ([Dint) LIGHTEN UP AND SUCCEED Join us for an enlightening look at how self -motivation and individual productivity will assist your success in the 219 century. Through discussions and presentations you will learn some of the characteristics of top performers and how you can adapt these qualities for your own. Learn the practical, applicable, and inspirational strategies for keeping ahead of the challenges you face daily. Speaker: Steve Simms, Speaker/Trainer, Brentwood, TN General Session (foint) ENERGY ISSUES: AN OVERVIEW Learn about the latest development in the state's ongoing energy crisis, including: fiscal and other incentives for conservation and power plant siting, public power options for local agencies and measures cities can take to reduce peak energy use to avoid rotating block outages. Hosted Reception (Joint) Thursday, July 26, 2001 Registration and CltyBooks Open - Portola Lobby, Monterey Conference Center Breakfast Discussions I. BEING RESPONSIBLE TO A DIVERSE COMMUNITY (XF) As our state and cities become more diverse, your responsibility as an elected official is to represent all sectors of your community. Hear from League Diversity Award winners how they captured the changing culture of their cities and translated this into an effective outreach to an increasingly diverse community. You'll learn from what others are doing and be able to take home practical ideas to use in your own community. II. USING TECHNOLOGY AS AN ECONOMIC AGENT (XF) Success for cities today is often based on their communication strategies. Explore how to effectively use communication technology as a tool to increase development, attract new business, and enhance your cities overall economic growth and development. III. CREATING COMMUNITIES IN THE 21 ST CENTURY: THE FUTURE OF PARKS AND RECREATION (CS) The California Park and Recreation Society is undergoing a vision, insight and planning program to determine the future of parks and recreation facilities. Find out what this will mean to your community. 133 Page 2 Tbursday, July 26, 2001, continued 7:30 - 8:30 a.m. Breakfast Discussions, continued IV. CALIFORNIA PARK USE (CS) Learn about a recently completed survey on the use of parks by California's Spanish speaking community. 9:00 - 10:I S a.m. General Session (joint) LEAGUE STRATEGIC ISSUES This session will address vital areas of concern to all city officials and the League. • Legislative Issues Briefing • League Strategic Plan • Fiscal Reform Initiative • Grassroots Coordinator Network 10AS a.m. - Noon Concurrent Sessions I. DEVELOPING THE POWER OF MAYORS AND COUNCIL MEMBERS (XF) Mayors and council members have tremendous potential power and influence - if you choose to develop them. This session will consider what you can do individually and collectively to wield the influence your office and your city deserve. II. QUANTIFYING YOUR QUALITY OF LIFE (CS) The East Bay Regional Park District recently underwent a comprehensive economic analysis to be able to quantify the economic benefits the district confers on the East Bay region. Learn how this analysis took place, what the results were, and how you may be able to adapt them to benefit your community. III. YOUTH ARTS PROGRAM: AN INVESTMENT IN THE FUTURE (CS) Arts programs are crucial components to any community strategy that seeks to improve the lives of children and citizenry. Learn about some dynamic programs operating in California. Noon - 2:00 p.m. General Luncheon (joint) CALIFORNIA COWBOY PHILOSOPHY Enjoy a view of politics past and present from a very different perspective. Listen to historical stories, tall tales and some simple solutions for those with political dissolutions. Jim Osterman, Cowboy Humorist, Madera 2:00 - 5:15 p.m. General Session (XF) dt' ELECTED OFFICIALS ROUNDTABLE T 1 CORE CREDIT 7hisinteractizrsessionwill hdentfyanddiscussthefutureroles,relationshipsandrepons"itiaofjourposition as an elected official. 7hesession will also includea forum on detelopingcouncilleadership,preparing forand supporting the role of mayors, and what the League can do to support elected officials. 2:00 - 3:15 p.m. General Session (CS) DEVELOPING A STRATEGIC MASTER PLAN FOR YOUR SENIORS The Cal iforn is Parks andRecreation .Society Mging Section has deteloped a tool to measure the needs of what thesenior community would like to baw in the next 20yearsand beyond Come find out whatyourSenior Center will need to do to prepare for the increase of "Baby Boomers"in the community. GetReady! 139 Page 3 3:45 - 5:15 p.m. 5:30 - 7:00 p.m. 7:15 a.m. - Noon 7:30 - 8.30 a.m. 9:00 - 10:30 a.m. Thursday, July 26, 2001, continued General Session (CS) MOBILE COMMUNITY SERVICES Mobile arts, recreation and literacy programs are gaining popularity in California's cities. Learn about these programs and how you can duplicate them in your community! Caucus Receptions AFRICAN-AMERICAN CAUCUS LATINO CAUCUS Friday, July 27, 2001 Registration and CityBooks Open - Portola Lobby, Monterey Conference Center Breakfast Discussions I. MOVING ON: INSIGHTS FROM THE LEGISLATURE (XF) More local officials are being elected to the Legislature as a result of term limits. Learn what their experience has been as they moved on, and how it is instructive to you in understanding their new perspective on issues important to cities. (Sponsored by CEWAER) II. HOUSING BY THE NUMBERS (XF) Just what is going on with housing in California? Get some answers about Regional Housing Needs Assessment Housing Element, housing trends, census implications on housing, and housing placement. Discuss some possible strategies to meet your housing challenges. III. LANCASTER CARES (CS) The City of Lancaster and the Lancaster School District have partnered to provide an effective after -school program that meets the needs of the students, families and the community. Learn about this 2001 Helen Putnam Award for Excellence program and how you can implement something similar in your community. IV. BMX BICYCLE PARKS (CS) Now that over 20% of California's cities have skateboard parks, many cities are receiving requests for BMX parks. What are they? Find out about the City of Napa's successful BMX park, and the difficulties and rewards of creating a BMX park. Concurrent Sessions I. ETHICS: BUILDING AND KEEPING THE PUBLIC TRUST (XF) .r .5 CORE CREDITS You are effective only to the extent the public trusts you. What can you do to effectively maintain and hold that trust? It. TRANSPORTATION ISSUES UPDATE (XF) Explore some of the tough transportation issues affecting cities in California today and in the future. Learn what is happening with water transit, grade crossings, high speed rail, gasoline additives and vehicle emissions, and how they are going to affect your city. 140 Page.4 9:00 — 10:30 a.m. 10:45 a.m. — Noon Noon Reminder: 1:30 P.M. Friday, July 27, 2001, continued Concurrent Sessions, continued 111. CENSUS BRIEFING (XF) Join this session for a look at the implications of the census on topics including redistricting, your general plan, economic impacts of projected population trends and growth, and how state funding may affect your communities. IV. COMMUNITY BUILDING FOR THE 215T CENTURY (CS) Community service departments are changing throughout the state and becoming umbrella organizations to meet the diverse needs of their communities. Learn how cities are tackling this change, the difficulties and the successes they are experiencing. Concluding General Session (joint) [N a jai V I �` [KK�I h 15 P1: I Y l"�7d 111 q In this inspiring closing session, learn how you can focus your skills to create a more prosperous and vital community. Speaker. (invited schedule permitting) Leon E. Panetta, Sylvia and Leon Panetta Institute for Public Policy, Seaside Adjourn The Ralph M. Brown Act does not apply to conferences simply because a majority of the city council or other covered body attends. However, a majority of the body may not discuss among themselves specific substantive issues at such conferences. Any such discussion is subject to the Brown Act and must occur in a meeting that complies with its requirements. Redevelopment Seminar Begins Elected Officials Leadership Academy Begins See separate announcements for program and registration information. 141 Page S 'l _.3 Registration Advance Registration Payment Refund Policy Special Accommodations Hotel Reservations Advance register by Friday, June 22, 2001, for the full Forume and receive a bonus coupon worth $25 at the CityBooks bookstore at the meeting. Don't miss this great way to expand and share your learning with your colleagues in city hall! Your advance registration form must be postmarked or faxed no later than Friday, June 22, 2001. After that date, the bonus coupon is not available, and you may register on site. The registration fee includes program materials, two continental breakfasts, one lunch, breaks, and two receptions. For any questions regarding registration, please contact the League conference registration office at 916/658-8291. Full Forum City Officials $345 Non City Public Officials $395 All Others $445 One Day Only City Officials $200 Non City Public Officials $250 All Others $300 Payment in full must accompany the registration form. You may pay your registration fee by check, Visa or MasterCard. No purchase orders, American Express or Discover cards, please. If paying by credit card, you may register by faxing 916/658-8220. Advance registrants unable to attend can send a substitute, even on site, or receive a refund of the registration fee, less a $50 processing charge, by writing the League of California Cities, Conference Registration Office, 1400 K Street, Sacramento, CA 95814; fax 916/658-8220. Requests for refunds must be received by Friday, July 20, 2001. ® If you require reasonable accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at 916/658-8291. The hotels are offering special League rates as indicated. To confirm hotel reservations, a deposit in the amount of the first night's guest room rate or a guarantee with a major credit card is required. Check -in time for the hotels is 3:00 p.m.; check-out time is noon. Luggage may be stored at the bell desk. The hotels offer a full refund if cancellation is made 24 hours prior to the arrival date. Record your cancellation number. If the League rate has sold out before the cut-off date, the next available rate will apply. Doubletree Hotel 2 Portola Plaza Monterey, CA 93940 831/649-4511, fax: 831/649-3109 $155 single/double (plus 10% hotel tax) Valet parking is $11 per day, and $13 for self -parking Hotel joins the Monterey Conference Center www.doubletreemonterey.com Monterey Marriott Hotel 350 Calle Principal Monterey, CA 93940 831/649-4234, fax: 831/372-2968 $153 single/double (plus 10% hotel tax) Valet parking is $13 per day, with self -parking nearby for $5 per day www.marriotthotels.com. 14n Page 6 I Rooms are also available at: Monterey Hotel 406 Alvarado Street Monterey, CA 93940 831/375-3184; fax: 831/373-2899 $140 single/double (plus 10% hotel tax) Valet parking is $12 per day or use the city garage for $5 per day www.monterevhotel.com Merritt House Inn 386 Pacific Street Monterey, CA 93940 800/541-5599; Fax: 800/831/646-5392 $153 a night single/double (plus 10% hotel tax) Free onsite parking www.merritthouseinn.com Includes continental breakfast from 8-10 a.m. Spouses There is no registration fee for spouses who attend the meeting who are not city officials, or other public officials. Meal tickets may be purchased on -site at the League registration desk. There is no spouses' program planned. For further information on events going on in the area, contact the concierge desk of the hotel. Southwest Airlines Ticketless travel is good on flights between California cities. Reservations may be made for ticketless travel by calling Southwest Airlines Reservations 800 435-9792 (code YLOCAL). Reservations may also be made through any local travel agency. Fares will be unrestricted and fully refundable. Details are posted on the League website at wvvm%cacities.org, use keyword "Southwest." Car Rental Discount rates with unlimited mileage are available one week prior and one week after this meeting from Hertz. Call Hertz Meeting Services at 800/654-2240 and indicate the League of California Cities Meeting Number CV02PL0001. Directions To the Conference Center and downtown hotels: From the North on Highway One- Take the Del Monte, Pacific Grove exit. Continue straight for seven stoplights. At the seventh stoplight, get in the left turn lane to continue straight on Del Monte two blocks to the Conference Center. From theAirport/Highway 68from Salinas- Take the Monterey Fisherman's Wharf exit. At the first stoplight, make a right turn onto Aguajito. Continue on Aguajito until it ends at Del Monte. From Aguajito, make a left onto Del Monte and continue straight for three stoplights. At the third stoplight, get in the left turn lane to continue straight on Del Monte to the Conference Center. From the South/Carmel on Highway One- Take the Aguajito exit. Turn left at the first stoplight (going under the freeway). Continue on Aguajito until it ends at Del Monte. From Aguajito, make a left onto Del Monte and continue straight for three stoplights. At the third stoplight, get in the left lane to continue straight on Del Monte to the Conference Center. Commuter Parking Monterey Conference Center is near the following city operated parking lots: Calle Principal - located on Calle Principal between Franklin and Jefferson Streets East Custom House - located on Washington Street between Franklin Street and Del Monte Avenue (coin operated ticket dispenser; quarters only). West Custom House - located on Tyler Street between Franklin Street and Del Monte Avenue. 141 Page 7 f�1 Twi�t 4 4 Q" COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Consideration of Park Names (Five Parks) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On January 3, 1995, the City Council approved the criteria for naming parks, as provided as Attachment 1. The City of La Quinta has recently acquired four new parks, and is in the process of developing the Community Park site. Per established policy, the official names for these parks must be approved by the City Council, as outlined in the park naming criteria. The Community Services Commission reviewed possible names for the parks and is presenting them for the City Council's consideration. Along with the Commission's recommendation is the criteria used to justify the park name. A map that contains each park site is provided as Attachment 2. Park Site #1: Located on Cloudview Drive in the Season's Subdivision Recommendation: Season's Park Criteria: Recognizable area or neighborhood Park Site #2: Located on Birchcrest Drive in the Desert Pride Subdivision 144 Recommendation: Desert Pride Park Criteria: Recognizable area or neighborhood Park Site #3: Located on Monticello Park in the Monticello Subdivision Recommendation: Monticello Park Criteria: Recognizable area or neighborhood This 5 acre park site is being provided by the developer of the Monticello subdivision (Attachment 3) as a condition of their development. The improvements being provided by the developer will include turf and the irrigation lines. The developer has requested the name of the park be "Monticello Park" as provided in Attachment 3. It is anticipated that this park will be completed by the developer by April 2002. At the May 15, 2001 City Council meeting, the Council discussed funding the improvements at this park as a project in the 2001-02 Capital Improvement Program. These improvements could include play equipment, benches, shade structures, picnic tables and a water feature. Park Site #4: Located on the northwest corner of Velasco and Temecula, this property was donated by Mr. & Mrs. Meyran Recommendation: The Commission offered the following recommendations as park names: Jean Meyran Memorial Park Jean Meyran Park Meyran Park Meyran Family Park Criteria: Donors: people who have been instrumental in acquiring sites by donation of land for a park site. The Community Services Commission recommended that Mr. Meyran be contacted regarding the name of this park for his input due to the donation of the property to the City. Staff met with Mr. Meyran regarding the park name recommendations. Mr. Meyran does not support the Commission's recommendations for park names. Mr. Meyran would like to see the park name follow the established policy of naming the park after the street on which it is located. For this park site, Mr. Meyran suggested Velasco Park, as the main entrance to the park could be on Avenida Velasco. Park Site #5: Located on the northeast corner of Adams Street and Westward Ho Recommendation: La Quinta Community Park Criteria: Assumed name In 1992, the 18.66 acre park site was given the identifying name of North La Quinta Community Park. In 1999, the City Council 145 requested that the word "North" be removed from the title of the U0A, S:\Community Services\CCReporta\CC119.Park Namea.wpd park site, hence leaving the name "La Quinta Community Park" to be used to identify the site. The Commission is recommending that the park be officially called the La Quinta Community Park. The official name of the park located in the Village area of La Quinta and owned by the Coachella Valley Recreation and Park District is the "Frances Hack La Quinta Community Park". The Commission requested that the Coachella Valley Recreation and Park District be contacted and asked if they would consider dropping the "La Quinta Community Park" from the title of the "Frances Hack La Quinta Community Park" and officially naming the village park "Frances Hack Park". Should the City Council deem the 18.66 acre park site name to be the La Quinta Community Park, the Commission could be directed to work with the Coachella Valley Recreation and Park District to consider removing the words La Quinta Community Park from the Frances Hack La Quinta Community Park site. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the following park names: Season's Park; Desert Pride Park; Monticello Park; Velasco Park, and direct the Community Services Commission to work with the Coachella Valley Recreation and Park District to remove the words La Quinta Community Park from the Frances Hack La Quinta Community Park title; or 2. Provide staff with alternative direction. submitted, Dodie Horvid, Cbmmunitv Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Criteria for Naming Parks 2. Map of Park Sites 3. Park Naming Submittal Form S:\Community Services\CCReports\CC119.Park Names.wpd 14R) u0J ATTACHMENT 1 `e'tN' 4 4&Qxixrw CRITERIA FOR NAMING OF PARKS Approved by City Council January 3, 1995 General Guidelines 1. Facilities should be named within six months after the City has acquired title to land to be designated as a park site. It is suggested that the Parks and Recreation Commission maintain a list of names. 2. Names can be solicited from the general public by the Parks and Recreation Commission. A request for the naming or dedication of any city facility shall be submitted to the Parks and Recreation Commission in writing and with justification, and may be forwarded to the City Council for consideration and/or approval. At least three (3) names should be submitted to the Council for consideration when naming a park is under review. 3. The Parks and Recreation Commission will be responsible for soliciting park names through the community and screening names prior to presenting them to the City Council for consideration and/or approval. 4. Exceptional situations may require deviation from this general policy and the Council may take the appropriate action. Naminc Options to be considered in naming facilities: (in order of importance) 1. Historic Events and Names a. This can be local, regional or national major significance. The City of La Quinta is rich in history, and the La Quinta Historical Society may be consulted for suggested names and events the Parks and Recreation Commission might consider for recommendation to the Council. 2. Places and Feature Names a. Recognizable area or neighborhood. If on a school site, it need not necessarily be the same name as the school. Names that aid in locating a park are acceptable. b. Assumed name. Use only if the area has been known by this name for a long period of time. C. Natural phenomena. 147 DOCCB.003 GC5 d. Combination of natural phenomena and place name. e. Horticultural. f. Combination horticultural and place. g. Rivers, creek ways. 3. Person or Persons Names a. Deceased, group or person, Civilian national heroes. b. Living Persons. Criteria: Facilities may be named after persons only after a study has been completed. Individuals should be known for their civic work. This civic work shall be over and above an ordinary interest level. A resident of the City of La Quinta who attains local, state or national recognition for human, community, health, safety, or parks and recreation work would be acceptable. Donors: People who have been instrumental in acquiring sites either by actual land or monetary donation (enough to purchase the entire site) or who have donated the entire amount for complete development of a site. A donation of land which serves as a parlor parcel of a larger park or open space may be honored by an "area" dedication. 148 DOCCB.003 C O 6 N F 2 W M Q H F- Q Park Site #2 Park Site Park Site #4 Park Site Park Site #3 149 ATTACHMENT 3 c&t,/ 4 4 4" PARK NAMING SUBMITTAL FORM Thank you for your time and consideration in providing your comments. Please follow the criteria for the Park Naming Process on back side. If you have any questions, please contact the Community Services Department at 777-7090. LOCATION OF EXISTING PARK SITE: PROPOSED NAME FOR DESIGNATED NAME OF INDIVIDUAL OR ORGANIZATION MAKING REQUEST: }��' JYO Y1�-� c2- MAILING ADDRESS: % 5- 3 S SO-�L 0 " Ot , 2SO CITY/STATE/ZIP CODE: �G. , /"u,1 6121 , 2� �y DAYTIME PHONE: %O y-&Igz) 9 591- 660 / FAX #: � 9'F1— " CZ) E-MAIL ADDRESS: EXPLANATION OF PARK NAME BASED ON CRITERIA Return completed forms to: City of La Quinta Community Services Department 78-495 Calle Tampico PO Box 1504 La Quinta, CA 92253 Thank you for your suggestion! 150 GAMyData\CRISTAUDM\D0C.008.wpd C. 0 8 Criteria For Naming of Parks Options to be considered in naming facilities: (in order of importance) A. This can be local, regional or national major significance. The City of La Quinta is rich in history, and the La Quinta Historical Society may be consulted for suggested names and events the Community Services Commission might consider for recommendation to the City Council. M-uu- A. Recognizable area or neighborhood. If on a school site, it need not necessarily be the same name as the school. Names that aid in locating a park are acceptable. B. Assumed name. Use only if the area has been know by this name for a long period of time. C. Natural phenomena. D. Combination of natural phenomena and place name. E. Horticultural. F. Combination horticultural and place. G. Rivers, creek ways. A. Deceased, group or person, civilian national heroes. B. Living persons. Criteria: Facilities may be named after persons only after a study has been completed. Individuals should be known for their civic work. This civic work shall be over and above an ordinary interest level. A resident of the City of La Quinta who attains local, state or national recognition for human, community, health, safety, or parks and recreation work would be acceptable. Donors: People who have been instrumental in acquiring sites either by actual land or monetary donation (enough to purchase the entire site) or who have donated the entire amount for complete development of a site. A donation of land which serves as a part or parcel of a larger park or open space may be honored by an °area^ dedication. 151 G:\MyDam\CRISTAL\Dx\DOC.008.%?d C019 11 RED W AK/ NG UKl v t 154V Ci 10 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: a- COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Cultural Arts PUBLIC HEARING: _ Commission's 2001-02 Work Plan RECOMMENDATION: Approve the Cultural Arts Commission's 2001-02 Work Plan. FISCAL IMPLICATIONS: Fiscal implications will be based on the projects undertaken by the Cultural Arts Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission, at its May 10, 2001 meeting, approved the final draft of the 2001-02 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. A redline version (Attachment 2) of the changes made from the 2000-01 Cultural Arts Commission Work Plan and incorporated in the 2001-02 Work Plan is provided as a reference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 2001-02 Work Plan; or 2. Do not approve the Cultural Arts Commission's 2001-02 Work Plan; or 3. Provide staff with alternative direction. 153 submitted, unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2001-02 Cultural Arts Commission Work Plan - Final Draft 2. 2001-02 Cultural Arts Commission Work Plan - Redline Version 154 S:\Community Services\CCReports\CC118.CAC Workplan.wpd 002 n2 ATTACHMENT1 CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 2001-02 Approved by City Council 155 CO4)4 Cultural Arts Commission Work Plan July 2001 Task: Annual Work Plan Completion Date: May 2002 Participants: Commissioners Suggested Resources: Commissioners, Staff Commissioner Steps to Completion: • Review existing assignments • Review programs being offered by other Cities • Suggest programs to fill any voids Commission Time: 1-2 hours per plan Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 156 2 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: July 2001 Placement of Public Art On -going Commissioners, Staff Commissioners, City Council, Residents • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 157 111 006 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: July 2001 Temporary Art Placement Program On -going Commissioners Commissioners, local artists and art galleries • Update current application for clarity • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval 10 hours per project 4-6 hours None at this time Provide support and act as a liaison to City Council Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 159 E 00 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: July 2001 Develop Public Art Program Information On -going Commissioners, Staff Staff, Commissioners, printed materials, activity calendars, lists of organizations • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map 15-20 hours per month 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 153 E 008 Cultural Arts Commission Work Plan July 2001 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Commission Steps to Completion: • Recommend to Council purposed conferences, workshops & events such as concerts, dances, puppet shows, chorale, mimes, and to participate in Mainstreet Marketplace, Christmas Tree Lighting Ceremony and Artist Partnership Day • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $3,000 per event Up to $5,000 for performing artists 160 6 009 Cultural Arts Commission Work Plan July 2001 Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 16t 7 010 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: July 2001 Research and Solicit Grants For Speakers, Programs and Events On -going Commissioners Commissioners, Web Sites, Arts Organizations, Foundations and Corporations • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submital of application to organization for consideration 12 hours per grant 6 hours per grant ►reM12 Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. 16 °' 0 Oil Cultural Arts Commission Work Plan July 2001 Task: "Meet the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Commission Steps To Completion: • A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter, La Quinta Post and at other cultural events with a "snapshot' of their work and history Commission Time: 5 hours per event Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 163 so 012 ATTACHMENT CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 2001-02 Approved by City Council 16 013 Cultural Arts Commission Work Plan July 2001 Task: Annual Work Plan Completion Date: May 2002 Participants: Commissioners Suggested Resources: Commissioners, Staff Commissioner Steps to Completion: • Review existing assignments • Review programs being offered by other Cities • Suggest programs to fill any voids Commission Time: 1-2 hours per plan Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." IFJ 2 014 Cultural Arts Commission Work Plan July 2001 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Placement of Public Art On -going Commissioners, Staff Commissioners, City Council, Residents • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 166 3 015 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: July 2001 Temporary Art Placement Program On -going Commissioners Commissioners, local artists and art galleries • Update current application for clarity • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council 0 Obtain Council approval 10 hours per project 4-6 hours None at this time Provide support and act as a liaison to City Council Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 167 M 016 Cultural Arts Commission Work Plan July 2001 Task: Develop Public Art Program Information Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Commission Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map Commission Time: Staff Time: 15-20 hours per month 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 161 5 O17 Cultural Arts Commission Work Plan July 2001 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Commission Steps to Completion: • Recommend to Council purposed conferences, workshops & events such as concerts, dances, puppet shows, chorale, mimes, and to participate in Mainstreet Marketplace, Christmas Tree Lighting .Ceremony and Artist Partnership Day • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $3,000 per event Up to $5,000 for performing artists 161Y 6 018 Cultural Arts Commission Work Plan July 2001 Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 1;0 7 019 Cultural Arts Commission Work Plan July 2001 171 G20 Cultural Arts Commission Work Plan �� lM].L:.nM .nn ��:nDl nu.�l nl��l.���: uu..ur�i•il�l ��:.I�l nl pll�1 •cam �•�am u. - - - July 2001 170 Cultural Arts Commission Work Plan July 2001 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Research and Solicit Grants For Speakers, Programs and Events On -going Commissioners Commissioners, Web Sites, Arts Organizations, Foundations and Corporations • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submital of application to organization for consideration 12 hours per grant 6 hours per grant None Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. 173 10 022 Cultural Arts Commission Work Plan July 2001 Task: "Meet the La Quinta Artist' Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Commission Steps To Completion: • A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter, La Quinta Post and at other cultural events with a "snapshot' of their work and history Commission Time: 5 hours per event Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 174 11 023 Twit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Community Services PUBLIC HEARING: Commission's 2001-02 Work Plan RECOMMENDATION: Approve the Community Services Commission's 2001-02 Work Plan. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Community Services Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission, at its May 14, 2001 meeting, approved the final draft of the 2001-02 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. The tasks identified in the Work Plan are the same as provided in the Commission's 2000-01 Work Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Services Commission's 2001-02 Work Plan; or 2. Do not approve the Community Services Commission's 2001-02 Work Plan; or 3. Provide staff with alternative direction. I7J Respectfully submitted, i Dodie Horvitz, Commun y,Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Community Services Commission 2001-02 Work Plan 176 S:\Community Services\CCReports\CC117.CSC Workplan. wpd 1. 002 ATTACHMENT 1 CITY OF LA QUINTA COMMUNITY SERVICES COMMISSION WORK PLAN 2001-02 Approved by City Council 17 004 Community Services Commission Work Plan July 2001 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PA -GE Community Services/Recreation 2 Park Development 3 Liaison To The Community 4 Community Unity 5 Safety 6 Advisory Body To City Council 7 1 178 Community Services Commission Work Plan July 2001 Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions; Chapter 2.95.040 (a)(8): Propose recreation and social programs; (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system; (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. Clot) Community Services Commission Work Plan Task: Completion Date: Participants: Park Development On -going Commissioners July 2001 Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3):Prepare and maintain community services master plans; (5): Serve as a public forum and conduct public hearings for recreation and human services concerns; (11): Review individual park master plans for recommendation to City Council. 3 180 00' Community Services Commission Work Plan July 2001 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Mainstreet Marketplace, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations; (13) Make recommendations to the City Council on community issues. 4 181 006 Community Services Commission Work Plan Task: Community Unity Completion Date: On -going Participants: Commissioners July 2001 Suggested Resources: Community Resources and Agencies Steps To Completion: ♦ Conduct Community Youth Workshop to gather input from the community regarding current programs ♦ Encourage participation in recreational, cultural, social, educational, health related and safety programs ♦ Conduct the Community Picnic and include the City Of La Quinta's "Birthday" Celebration the weekend closest to May 1 of each year Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups. 5 182 000 Community Services Commission Work Plan Task: Safety July 2001 Completion Date: On -going Participants: Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (YIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents; Chapter 2.95.040 (10): Review parks maintenance standards and quality. 183 11 O1O Community Services Commission Work Plan July 2001 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human 184 7 011 Community Services Commission Work Plan July 2001 service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission; 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. 185 a 012 COUNCIL/RDA MEETING DATE: June 5, 2001 ITEM TITLE: Consideration of Placement of 2001 Civic Art Award Art Piece RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize a location for the 2001 Civic Art Award art piece. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 15, the 2001 Civic Art Purchase Committee (Committee) selected a bronze sculpture by the Gudman/Slaughter Studio. The Committee had suggested two changes to the original art piece. The changes include adding one foot in height to the piece as well as adding textured bronze to the backside of the piece. The artist stated that the art piece would be ready for installation by the second week of June 2001. In anticipation of the delivery of the art piece, a location for this piece is required. The artists brought the original art piece to City Hall on March 19 to enable the Committee members to select possible locations for placement. Attachments 1 through 3 are suggested locations for the City Council's consideration. Attachment 1 provides a location in the courtyard, directly opposite of the Reiman piece. Attachment 2 shows the art piece located outside the north entrance to City Hall. Attachment 3 provides the location under the port -a -couture at the Senior Center. The City Council may also recommend another location for this art piece. Once a site has been determined by the City Council, the art piece will be permanently 186 mounted at that site, according to the artist's direction for installation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize a location for the 2001 Civic Art Award art piece ; or 2. Provide staff with alternative direction. Resp*tfully gubmitted, Attachments ity Services Director Approved for submission by: `Thomas P. Genovese, City Manager 1. Courtyard Location 2. City Hall Entrance Location I Senior Center Location 187 S:\Community Services\CCReportS\CC116.Civic Art Award Plzcement.wpd 6O J 1 f AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: .tune 5, 2001 CONSENT CALENDAR: ITEM TIT STUDY SESSION: PUBLIC HEARING: _ Consideration of Facility Use Policies RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. Should the City Council adopt Facility Use Policies in which administrative fees are charged, when those funds are collected, they will be applied to the appropriate accounts. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 1, 2001 City Council meeting, the City Council considered two issues regarding the use of the City's parks: general park usage and the Facility Use Policies. General Park Usage: Recently several issues have been brought to the attention of the City Council regarding the use of City parks. Some of the major concerns that have been reported by the neighbors of park areas include: • Trash being left behind by private parties • Barbecues being brought to the park, hot coals being dumped into the trash cans • Park use after curfew ■ Excessive speed in the park areas • Lack of parking in the residential areas due to park participants ■ Lack of restroom facilities for park users The City's Municipal Code addresses the issues of trash, barbeques and curfew violations. Copies of the Municipal Code have been posted at each of the facilities with bulletin boards. The La Quinta Police Department has also been advised of the situation and have posted extra park patrols during the weekend to inform the public 191 of the rules as provided in Attachment 1. Sections of the Municipal Code which address the issues of trash, barbeques and curfew have also been posted in Spanish. The Public Works Department as well as the La Quinta Police Department have addressed the issues of excessive speed in the Adams Park area. At the May 15, 2001 City Council meeting, the City Council authorized a four way stop at the intersection of Arosa Way and La Palma Drive. The La Quinta Police Department has increased traffic enforcement in that area of the city as well. The issue of permitted parking around park areas is currently being researched and will be presented for City Council consideration at a future City Council meeting. Facility Use Policies: The City of La Quinta adopted the Parks and Recreation Rules and Regulations on December 9, 1991, as guidelines for the public's use of the City owned facilities. This document is provided as Attachment 2. Since that date, many new facilities have been developed within the City. Due to the growth of the City and the addition of new facilities, the Parks and Recreation Rules and Regulations should be revised to provide use guidelines for all of the City's parks and recreation facilities. Currently, the Parks and Recreation Rules and Regulations provide for rental of the Fritz Burns Park Tennis Courts, Eisenhower Park and the Sports Complex. Staff has reviewed the use of the parks and recreation facilities and is proposing changes to the existing Parks and Recreation Rules and Regulations. A redline version of the Parks and Recreation Rules and Regulations is provided as Attachment 3. The proposed Facility Use Policies are provided as Attachment 4. A major change proposed in the Facility Use Policies is limiting the use of inflatable amenities to Fritz Burns Park and the Community Park due to the availability parking lots and restrooms at these two park facilities. Inflatable "bounce houses" for private parties in the park are rented by the individual hosting the party and are set up in the park for use at that party. According to the Municipal Code, Chapter 11.44. 060 (S), it is prohibited to "sell, or offer for sale any merchandise, article, or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed pursuant to specific provision to such effect contained in either: a permit issued pursuant to Section 1 1.44.040; ...or the like duly entered into or granted by the City Council." Currently, a permit from the City is not required for inflatable amenities to be brought into a City park. Staff is recommending that a section of the Facility Use Policies would require private parties planning to use inflatable amenities to apply for a permit 192 through the Community Services Department. A permit fee would be established to S:\Community Services\CCReports\CC115.Facility Use Policies.wpd 0 0 2 offset the cost of staff time to issue the permit. By issuing a permit, section 1 1 .44.040 is being followed. The permit process will also provide a method in which the City can require the company supplying the apparatus to provide a certificate of insurance naming the City as additionally insured. The individual reserving the park site will also be required to sign a Hold Harmless clause. This condition will be provided in Section H of the Facility Use Policies. As a part of the Facility Use Permit, a refundable $50.00 Security/Clean Up Deposit is required for use of the facilities as identified in the current Parks and Recreation Rules and Regulations. Staff is recommending that a refundable Security/Cleanup Deposit be charged for private parties using inflatable amenities as part of the Facility Use Policies. The deposit will ensure the facility is left in a clean and acceptable manner after the party. The facility will be inspected for cleanliness in order to receive the refundable cleaning deposit. This task can be completed by the public works staff on duty during the weekend. Should the facility be left in a clean and acceptable manner, the security deposit will be returned. If there is damage to the facility, or City staff time is required to clean after the party use, the cost of staff time will be deducted from the deposit. The staff time involved in checking the facility for cleanliness can be included in the permit fee. The anticipated cost of staff time involved with the permit process, which includes issuing the permit, reserving the location and checking the location after the event for cleanliness is $50. The Cities of Palm Desert and Palm Springs require a fee for reservations of their parks for such activities. Palm Desert charges $80 plus a $20 administrative fee for a total of $100 for four hours to rent the Civic Center Park for parties. Palm Springs charges residents $198 for the reservation of several of their parks for private parties. Also contained in the Facility Use Policies are fee changes for facilities as well as classification changes for various organizations in relationship to the use of the City's facilities. These changes are included in the redline version of the Facility Use Policies as provided in Attachment 3. The four classifications of fee charges include: Class I: La Quinta Youth Sports Organizations; Class II: La Quinta residents, La Quinta non profit and community based organizations as well as Desert Sands Unified School District; Class III: La Quinta businesses and profit organizations, and Class IV: non La Quinta residents, organizations and businesses. Class II category facility use fees are based upon the nexus that La Quinta residents pay property taxes that are used to maintain the facilities. Class III users would be La Quinta businesses using the facility for a purpose that may enhance or promote their business. Class IV users do not contribute to the general fund which is used to fund maintenance of the facilities. Park Classifications: 193 There are three classifications in the City of La Quinta's General Plan Parks and DO S:\Community Services\CCReports\CC115.Facility Use Policies.wpd Recreation Element. These are Neighborhood Parks, Community Parks and Regional Parks. A neighborhood park is defined in the City's General Plan as a park site between .3 and 10 acres and serves an area between 1 to 2 miles, or a population of 5,000. Attachment 1 provides a map of the City's park sites and the radius of the 2 mile service area. The service area is based upon the National Recreation and Parks Society standards and is a basic definition of a park site based upon a determined size and amenities. It is not intended to exclude people that live outside the service radius from being able to use the parks. The City's neighborhood parks include: Adams Park, Desert Pride Park*, Eisenhower Park, Fritz Burns Park, and Seasons Park*. Additionally there are three other neighborhood parks either proposed or being developed. These include a 5 acre park site being developed in the near future, which is located in the Monticello development on the southwest corner of Fred Waring and Jefferson Street. Also being developed is a park at the corner of Temecula and Velasco, as well as in the Bottlebrush, Sagebrush, Saguaro area. A Community Park is defined in the General Plan as being 10-30 acres which includes play fields, court facilities, on -site parking, passive areas, as well as historical and cultural areas. The definition of a Regional Park includes a site between 31 and 100 acres with multiple sports fields, court games, picnic areas, hiking/equestrian areas and unique historical or cultural areas. At the May 1, 2001 Study Session, the City Council requested that two new park designations be included in the General Plan. These include the classifications of mini parks and the Civic Center Campus. The proposed definition for a mini park is as follows: a site between .3 and one acre and includes, but not limited to, passive open areas, benches, walkways, trees, landscaping and a tot lot play area. The Civic Center Campus designation may be defined as a site 5 acres or more with the following passive amenities: a large water feature such as a lake, historical interpretation areas, public art pieces, benches, shade structures, and walking paths connecting various City buildings. Staff is seeking City Council direction regarding the following issues: Facility Use Policies: Adoption the Facility Use Policies with the recommended changes; Park Classifications: 19 Adding two new park classifications to the General Plan, Parks and Recreation element to include mini parks and the Civic Center Campus. 04 S:\Community Services\CCReports\CC115.Facility Use Policies.wpd Should the City Council adopt the Facility Use Policies, the necessary changes to the Municipal Code regarding permits and fees will be provided for City Council adoption at a future City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the changes to the Facility Use Policies and include the classification of mini park and Civic Center Campus in the City's General Plan, Parks and Recreation element; or 2. Do not authorize changes to the Facility Use Policies and/or include the classification of mini park and Civic Center Campus in the City's General Plan, Parks and Recreation element; or 3. Provide staff with alternative direction. IIH submitted, e Horvitz, CImmunity Services Director Approved for submission by: 24�41i�o O Thomas P. Genovese, City Manager Attachments: 1. Minutes of the May 1, 2001 City Council meeting 2. Parks and Recreation Rules and Regulations 3. Parks and Recreation Rules and Regulations -Redline Version 4. Proposed Facility Use Policy 195 CG5 S:\Community Services\CCReports\CC11S.Facility Use Policies.wpd ATTACHMENT 1 City Council Minutes 13 May 1, 2001 2. PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 94-287 TO CERTIFY AN EIR ADDENDUM AND APPROVE: 1) AN AMENDMENT TO SPECIFIC PLAN 94-025, ALLOWING A NEW PRIVATE ACCESS ROAD ALONG THE NORTH BOUNDARY OF AN APPROVED MASTER PLANNED COMMUNITY OF 277 HOUSING UNITS TO SERVE TEN CUSTOM LOTS; 2) APPROVAL OF CONDITIONAL USE PERMIT 99-047 FOR DEVELOPMENT OF A PRIVATE ROAD INTO HILLSIDE SLOPES EXCEEDING 20 PERCENT; AND 3) APPROVAL OF A PARCEL MAP 28617 FOR THE SUBDIVISION OF 330.70 ACRES INTO FOUR PARCELS AND OTHER LETTERED STREET LOTS FOR PROPERTY LOCATED TO THE SOUTH OF THE QUARRY AND BISECTED BY THE FUTURE EXTENSION OF JEFFERSON STREET. APPLICANT: AGIOTAGE LIMITED. Mayor Pena noted staff has requested this item be continued to June 5, 2001 . MOTION - It was moved by Council Members Sniff/Adolph to continue the public hearing on Specific Plan 94-025, Conditional Use Permit 99-047, and Parcel Map 28617 for Agiotage Limited to June 5, 2001. Motion carried unanimously. MINUTE ORDER NO. 2001-61. STUDY SESSION �� 1. DISCUSSION OF FACILITY USE POLICIES. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, City Attorney Jenson stated the Municipal Code clearly prohibits barbecues being brought into City parks where they are already provided as park amenities. Ms. Horvitz advised the prohibition of barbecues is posted on the bulletin boards at Adams Park and Fritz Burns Park. Council Member Sniff suggested posting the regulations in two or three locations at each park. Council Member Henderson recommended posting in Spanish as well as English. In response to Council Member Sniff, Public Works Director Vogt confirmed the Municipal Code allows the establishment of restricted permitted parking. 196 006 City Council Minutes 14 May 1, 2001 Council Member Perkins wished to have staff come back with information on an ordinance that would allow restricted permitted parking in various areas of the City as needed. Council Member Henderson stated she supported getting the information but was not sure it would solve the current problem. Mayor Pena stated he wished to find out if other cities in the valley have restricted parking but wasn't sure he would support it. Council Member Adolph questioned the ability to enforce restricted parking. Robert Tyler, 44-215 Villeta Drive, stated he did not feel it's appropriate to restrict parking on public streets adjacent to City parks if on -site parking is not available. He felt the focus should be on safety issues such as fencing along Adams Street, signage to slow traffic, a crosswalk, and swing straps for toddlers. Council Member Perkins stated he would oppose a crosswalk without a stop sign or traffic signal. Council Member Henderson commented on the excessive use of Adams Park, noting large groups have brought in barbecues, bands, alcoholic beverages, and dumped hot coals in trash cans. She felt a lot of the issues have been addressed by staff's recommendations in the staff report. She didn't necessarily support restricted parking but wished to see more information on it along with input from the neighborhood residents. Mayor Pena noted the need to focus on existing enforcement issues. Council Member Perkins suggested a questionnaire to get input from the neighborhood residents. Council Member Adolph proposed the possibility of utilizing the retention basin area for onsite parking. He felt the key element is parking and control of what happens in the park. Council Member Perkins noted angled parking would increase the number of parking spaces. In response to Mayor Pena, Sergeant Ammons, Riverside County Sheriff's Department, reported most people comply once they are made aware of the regulations. 197 City Council Minutes 15 May 1, 2001 In response to Council Member Henderson, Mr. Vogt advised the intersection of Adams Street and La Palma does not meet the required warrants for a stop sign. The Traffic Committee has recommended using the radar trailer, advanced speed warning signs at 400 feet prior to the speed limit signs in each direction, and moving the stop sign from Arosa Way to La Palma to slow traffic. Council Member Perkins suggested a four-way stop at Arosa Way and La Palma. Council concurred. Council Member Adolph voiced concern about not having a pedestrian crossing for the residential properties east of the park. Mr. Vogt advised the warrant analysis did not report any significant pedestrian traffic. He stated an additional pedestrian count will be done after school is out including the weekend. Council Member Henderson suggested two classifications be added to the City's General Plan Parks and Recreation Element: mini -parks and a passive Civic Center Campus. She questioned the hourly fee rental for baseball bases on the Parks and Facilities Use Fee Schedule. Mayor Pena suggested a half -day and full -day rental. A brief discussion ensued regarding charges not being applicable to YMCA special events and Council concurred to eliminate YMCA special events from the list. In response to Council Member Henderson, Ms. Horvitz advised residents in the Adams Park area were notified this issue would be discussed today and will be notified when it comes back to Council for action. City Manager Genovese advised the park use policies and the parking issue can be brought back as separate items, as well as any modifications to the ordinance for enforcement of regulations. He added posting of signage, including bilingual signs, can be done without further direction from Council. REPORTS AND INFORMATIONAL ITEMS CVAG Human & Community Resources Committee — Council Member Perkins reported the massage ordinance is moving forward. In regard to a regional animal control facility, at the last meeting he suggested maintaining and improving the 198 1 CITY OF LA QUINTA, CALIFORNIA ATTACHMENT 2 PARKS AND RECREATION RULE AND REGULATION NO. Pursuant to the authority vested in me, as City Manager, by Section 11.44.050 of the La Quinta Municipal Code, I hereby promulgate the following rules and regulations, effective immediately: The rules and regulations herein have been developed to assure that Parks and Recreation facilities are used in a responsible manner and that the public's investment in these facilities is adequately safeguarded. It is the intent of the Parks and Recreation Division to operate these facilities so that, to the extent possible, the recreational needs of the citizens of the La Quinta Community are met. All use and conduct shall be in accordance with Chapters 11.08 and 11.44 of the La Quinta Municipal Code, herein attached as Exhibit A and B, respectively. A. APPLICATION FOR USE OF FACILITY 1. Application for use of facilities shall be made in writing on the form provided by the City of La Quinta, or a City designated organization, at least five (5) working days prior to use and submitted to the Parks and Recreation Manager. This requirement may be waived in exceptional cases by the authorization of the Parks and Recreation Manager. 2. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. 3. All applications for use of facility whatsoever are subject to approval of the Parks and Recreation Manager, and he/she shall have the right to deny service to any applicant. Said denial may be appealed to the Assistant City Manager. B. PRIVATE PARTIES The following will apply to use of City facilities for private parties such as wedding receptions, coming -of -age parties, birthday parties, baptismal parties, anniversary parties, etc.: 1 . Private parties are limited to a maximum of four hours in duration. 2. Persons signing applications for a private party must be a resident of the City of La Quinta and one of the principal parties in the event, i.e., parent, guardian, bride, groom, etc. C. PRIORITY OF USE 1. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 2. City of La Quinta residents shall have priority of use in the event two applications are submitted on the same day. 199 (wp9) S:\Community Services\NewDocs\P&RR&REGS GU9 Parks and Recreation Rule and Regulation No. D. REASONS FOR DENYING APPLICATION The Parks and Recreation Manager may deny an applicant the privilege of using a facility, even if it is otherwise available, for the following reasons: Applicant's violation of the conditions of use permit (current or prior permit). 2. Applicant's violation of the rules and regulations of the Parks and Recreation Division relating to the facility. 3. Failure to cooperate with City staff. 4. Previous incidents wherein use of facility resulted in damage to or misuse of City equipment. 5. The occurrence of any of the above described incidents/behavior at other facilities not owned by the City of La Quinta, but at a program either co- sponsored or sponsored by the City of La Quinta. 6. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. E. RENTAL RATE CLASSIFICATIONS Rental rates of City Parks and Recreation facilities are classified as Class I -IV. Definitions to determine the rate schedule applicable to a specific person or group is contained within the Comprehensive Fee Schedule, attached herein as Exhibit C. F. SECURITY/CLEAN-UP DEPOSIT The Security/Clean-Up Deposit is to be submitted with the application. Note: Applications for use will not be accepted without the Security/Clean-Up Deposit. The deposit will be refunded within five (5) working days after the event, except under the following conditions: If any damage to facility while premises are under responsibility of user, cost of repairs as determined by the Parks and Recreation Manager will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 2. Users not performing clean-up as described in Paragraph K, herein to the satisfaction of the Parks and Recreation Manager shall have an amount deducted from the security deposit and retained by the City. -2- (Wp9) S:\Community Services\NewDocs\P&RR&BEGS 200 IN Parks and Recreation Rule and Regulation No. G. SPECIAL SERVICES The Parks and Recreation Manager may impose additional fees for special services at selected facilities. Fees for rental attendants, special equipment needs and trash services will be assessed as appropriate. Charges to rental group shall be made at supplier's cost. For lighting on ballfield and sound system use, see "Use Fee Structure" (Exhibit C). No one other than the City rental attendant or other City employee may operate the lighting, heating, cooling and announcing systems unless otherwise permitted. No one other than the City rental attendant or other designated City employee may open or close facility, unless otherwise permitted. H. LIABILITY All persons to whom use permits are granted must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. J. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean- up during and upon completion of the rental use: Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles. 2. Mop up any liquid spilled on floor. 3. Leave kitchen or concession stand and all equipment therein in clean, sanitary condition. 4. Remove any decorations used (deposit in proper trash receptacle or remove from premises). 5. All groups are responsible for setting -up and taking -down chairs and tables, and for clean-up of facility and the immediate area. -3- 201 (wp9) S:\Community Services\NewDocs\P&RR&REGS Oil Parks and Recreation Rule and Regulation No. K. FOOD OR BEVERAGE No food or beverage may be sold or served at any event without approval of the Parks and Recreation Manager. L. ENDING TIME OF ALL EVENTS All events held in the Parks and Recreation facilities must be completed by 10:00 p.m. The playfield lighting shall not be available after 10:00 p.m. M. CLEARANCES, LICENSES AND CERTIFICATES Users may be required, depending upon the nature of the event, to secure any or all of the following clearances, licenses and/or certificates before the application is approved. 1. Dance permit or business license clearance (granted by the La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). 4. Certificate or proof of insurance. N. DECORATIONS No decorations of any kind are permitted unless approved by the Parks and Recreation Manager. If permitted, the following requirements shall be met: 1 . Decorations may not be fastened to light fixtures. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. The restrictions set forth in #1 and #2 above also apply to banquet tables, chairs, stage, etc. 4. Existing facility decorations may not be removed. User must decorate around them. 5. No open flame devices will be permitted in the facilities. 6. Decorations belonging to user must be disposed of after the event and before leaving the premises. (wp9) S:\Community Services\NewDocs\P&RR&REGS 202 V 1Z (wp9) S:\Community Services\NewDocs\P&RR&REGS Parks and Recreation Rule and Regulation No. O. PUBLICITY No publicity of any event held in Parks and Recreation facilities may be released until final approval of the application for facility use. P. SMOKING Smoking is not permitted in any government building. Q. SPORTS ORGANIZATIONS The City may enter into an agreement with any sports organization or user to effectively provide and promote other recreation programs. RONALD L. KIEDROWSKI, CITY MANAGER 203 013 CITY OF LA QUINTA PARKS AND FACILITIES USE FEE SCHEDULE The following fees and charges are assessed for reservation/use by groups or individuals for the city's parks: ITEM CLASS I CLASS II CLASS III CLASS IV Tennis Court N/C $ 5.00 hr $ 5.00 hr $ 10.00 hr Baseball Diamond N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Eisenhower Mini -Park N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Soccer Field N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Snack Bar N/C $ 10.00 hr ** $ 15.00 hr ** $ 20.00 hr ** Field Lights N/C $ 15.00 hr $ 15.00 hr $ 15.00 hr Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr (1/2 hour minimum) Bases $ 2.50 hr * $ 2.50 hr * $ 5.00 hr * $ 10.00 hr Restrooms (Key N/C $ 10.00 $ 10.00 $ 10.00 Deposit) Security/Clean-Up $ 50.00 $ 50.00 $ 50.00 $ 50.00 Deposit CLASSIFICATION OF GROUPS Class I Class 11 Class III Class IV 1. La Quinta youth (18 and under), 501(c)3 recreation organizations. 2. Desert Sands Unified Scbool District. 1. La Quinta residents 2. La Quinta non-profit organizations and community -based organizations. 1. La Quinta business and profit organizations. 1. Non city residents, organizations, businesses. *$150.00 Deposit **$ 50.00 Deposit for snack bar Charges NOT applicable to: 1. YMCA Special events. 2. City sponsored events. (wp9) S:\Community Services\NewDocs\P&RR&REGS 204 014 CITY OF LA QUINTA,, GALIFeRNIA ATTACHMENT 3 The Facility Use Policies have been developed to assure that Parks and Recreation facilities are used in a responsible manner and that the public's investment in these facilities is adequately safeguarded. It is the intent o lT1G TUI RJ 011U 11Vl IGULIWII VIVIOIVII - WV-- 111- •�v..•u.vv vv �.. , �.. ... - .. All use and conduct shall be in accordance with Chapters 11.08 and 11.44 of the La Quinta Municipal Code, herein attached as Exhibit A and 8, respectively. A. APPLICATION FOR FACILITY USE-9FFAGtLFPF The Facility Use Application for of facilities shall be made in writing on the form provided by the City of La Quinta, erganizatie ,, submitted at least five (5) working days prior to use. and be weived On exceptionn' cases by the atithorization of the Pa -Its and Recieution Manager-. 2. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. All Facility Use Applications for tise of facility whatseever are subject to approval by the Community Services Director. of the Pa Reereatio i Me iagei, and heishe s! iall have the right to deny service to any applicant. Said denial nisy be appealed to the Assistmit Gity Ma nager. B. PRIVATE PARTIES The following will apply to use of City facilities for private parties: saeh as wed6rig receptions, corning of age parties, birthday parties, baptiamnal parties, annivemary pa -toes, .. including parties with inflatable amenities: Private parties are limited to a maximum of four hours in duration. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Community Park. C. PRIORITY OF USE 2055 The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 2. City of La Quinta residents shall have priority of use in the event two applications are submitted on the same day. D. REASONS FOR DENYING APPLICATION The Community Services Director may deny an applicant tlm privilege of tising a facility, even otheswise available, application for the following reasons: Applicant's violation of the conditions of Facility Use permit (current or prior permit). 2. Applicant's violation of the City's rules and regulations of the Parks and Recreation_ ^"- _- relating to the facility use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents wherein Facility Use use-o+4acifitq resulted in damage to ormfsase of City equipment. property. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. E. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. Definitions C Exhibit LJCI"fT[]r�� F. SECURITY/CLEAN-UP DEPOSIT The Security/Clean-kip ing Deposit is tote —submitted due with the Facility Use Application. . The deposit will be refunded within five (5) working days after the event, except under the following conditions: 1. #many Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted O from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. lasers not dedticted ho... the seettrity deposit and retained by the 6ity. �moma�t �IMn9'9P I H. LIABILITY All persons receiving a Facility Use Permit to whon use pennits am granted must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance provided by the rental company naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. J. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean- up daring a id upon completion of the rental use: Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles. 207 2. Mop up any liquid spilled on floor. 011 3. Leave kitchen or concession stand and all equipment therein in clean, sanitary condition. 4. Remove any decorations used (deposit in proper trash receptacle or remove from premises). 5. All groups are responsible for setting -up and taking -down chairs and tables, and for clean-up of facility and the immediate area. K. FOOD OR BEVERAGE No food or beverage may be sold or served at any event without app -ova' of the Pa ks and Rmeatioi Ma unless specified on the Facility Use permit. L. ENDING TIME OF ALL EVENTS All events held in the Parks and Recreation facilities must be completed by 10:00 p.m. The playfiefd Ball field lights are not be available after 10:00 p.m. M. CLEARANCES. LICENSES AND CERTIFICATES N. Users may be required, dope idi ig upor, H e atti e of the eve it, to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license=_lie (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). 4. Certificate or proof of insurance naming the City of La Quinta as Additionally Insured. and Recreation Mn-tagem. If pm ni , The following requirements shall be met: Decorations may not be fastened to light fixtures, tables, chairs. stage or other City property. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. The estincteOlIS Set f0ftll 4i #1 and #2 above also apply to banquet 208 tables, chaim, stage, etc. 018 5. No open flame devices will be permitted in the facilities. O. PUBLICITY No Publicity fcLr of —any event held in at any Parks and Recreation facilities y may not be released until final approval of the Facility Use Application. for#acility use. P. SMOKING Smoking is not permitted in any government City building. Q 209 C' 19 CITY OF LA QUINTA PARKS AND FACILITIES USE FEE SCHEDULE The following fees and charges are assessed for reservation/use by groups or individuals for the following facilities: Fritz Burns Park, Community Park and the La Quinta Sports Complex. ITEM CLASS I CLASS II CLASS III CLASS IV Tennis Court N/C $ 5.00 hr S 5.00 hr $ 10.00 hr Fritz Burns Park for $50.00 per 4 $50.00 per 4 $50.00 per 4 $50.00 per 4 "Bounce Houses" hours hours hours hours Eiserthnwer dini-Perk Wca 6---5:90frr 6 i8.Go r * 20.00 hr Community Park for $50.00 per 4 $50.00 per 4 $50.00 oer 4 $50.00 per 4 "Bounce Houses" hours hours hours hours Bounce House $50.00 $50.00 $50.00 50. 0 De it Baseball Diamond N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Soccer Field N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr Snack Bar Deposit $350.00 3$50.00 $350.00 $350.00 Field Lights N/C $ 15.00 hr $ 15.00 hr $ 15.00 hr Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr (1/2 hour minimum) Bases * 2.58 m' $ 2.50 hr $5.90 hr fr 18.80 N $10.00 per day $10.00 per day $20.00 per day $40.00 per day Base Deposit 1$50.00 1$50.00 $150.00 $150.00 Restrooms (Key Wca 6-10 .00 0 i0.00 $ i e.96 Deposit) $100.00 per $100.00 per use $100.00 per $100.00 per use use use Security/Clean-Up $ 50.00 $ 50.00 $ 50.00 $ 50.00 Deposit Charges NOT applicable to City sponsored events CLASSIFICATION OF GROUPS Class I: 1. La Quinta youth (18 and under), 501(c)3 recreation organizations 2. Class II: 1. La Quinta residents 2. La Quinta non-profit organizations and community -based organizations 3. Desert Sands Unified School District Class III: 1. La Quinta business and profit organizations. 210 Class IV: 1. Non city residents, organizations, businesses. *$-i5e.ee DePesit C,20 CITY OF LA QUINTA ATTACHMENT 4 (Proposed) Facility Use Policies The Facility Use Policies have been developed to assure that Parks and Recreation facilities are used in a responsible manner and that the public's investment in these facilities is adequately safeguarded. All use and conduct shall be in accordance with Chapters 11.08 and 11.44 of the La Quinta Municipal Code. A. APPLICATION FOR FACILITY USE The Facility Use Application shall be made in writing on the form provided by the City of La Quinta, at least five (5) working days prior to use. 2. Applications will not be accepted more than six (6) months in advance of use, except for contiguous multi -day rentals. 3. All Facility Use Applications are subject to approval by the Community Services Director. B. PRIVATE PARTIES The following will apply to use of City facilities for private parties with inflatable amenities: 1. Private parties are limited to a maximum of four hours in duration. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Community Park. C. PRIORITY OF USE 1. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 2. City of La Quinta residents shall have priority of use in the event two applications are submitted on the same day. D. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permit (current or prior permit). 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 211 3. Failure to cooperate with City staff. C2 1 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. E. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. F. SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within five (5) working days after the event, except under the following conditions Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 2. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. H. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is 21 submitted. C`22 J. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean- up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles. 2. Mop up any liquid spilled on floor. 3. Leave kitchen or concession stand and all equipment in clean, sanitary condition. 4. Remove any decorations (deposit in proper trash receptacle or remove from premises). 5. All groups are responsible for setting -up and taking -down chairs and tables, and for clean-up of facility and the immediate area. K. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. M. CLEARANCES. LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured. N. DECORATIONS 213 The following requirements shall be met: 1 . Decorations may not be fastened to light fixtures, tables, chairs, stage t� or other City property. 2. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. 3. No open flame, barbeques or other cooking devices will be permitted in the facilities unless otherwise provided by the City. O. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. P. SMOKING Smoking is not permitted in any City building. 214 024 CITY OF LA QUINTA PARKS AND FACILITIES USE FEE SCHEDULE The following fees and charges are assessed for reservation/use by groups or individuals for the following facilities: Fritz Burns Park, Community Park and the La Quinta Sports Complex. ITEM CLASS I CLASS II CLASS III CLASS IV Tennis Court N/C $ 5.00 hr S 5.00 hr $ 10.00 hr Fritz Burns Park for $50.00 per 4 $50.00 per 4 $50.00 per 4 $50.00 per 4 "Bounce Houses" hours hours hours hours Community Park for $50.00 per 4 $50.00 per 4 $50.00 per 4 $50.00 per 4 "Bounce Houses" hours hours hours hours Bounce House $50.00 $50.00 $50.00 $50.00 Deposit Baseball Diamond N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Soccer Field N/C $ 5.00 hr $ 10.00 hr $ 20.00 hr Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr Snack Bar Deposit $350.00 $350.00 $350.00 $350.00 Field Lights N/C $ 15.00 hr $ 15.00 hr $ 15.00 hr Announcing system $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation $ 24.00 hr $ 24.00 hr $ 24.00 hr $ 24.00 hr (1/2 hour minimum) Bases $10.00 per day $10.00 per day $20.00 per day $40.00 per day Base Deposit $150.00 $150.00 $150.00 $150.00 Restrooms (Key $100.00 per $100.00 per use $100.00 per $100.00 per Deposit) use use use Security/Clean-Up $ 50.00 $ 50.00 $ 50.00 $ 50.00 Deposit Charges NOT applicable to City sponsored events. CLASSIFICATION OF GROUPS Class I: 1. La Quinta youth (18 and under), 501(c)3 recreation organizations Class II: 1. La Quinta residents 2. La Quinta non-profit organizations and community -based organizations 3. Desert Sands Unified School District Class III: 1. La Quinta business and profit organizations. Class IV: 1. Non city residents, organizations, businesses. 21 C,25 ID � COUNCIL/RDA MEETING DATE: June 5, 2001 Consideration of the La Quinta Court Art Feature and Art Purchase Agreement RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 5� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the February 6, 2001 City Council meeting, the City Council allocated $65,000 from the Art in Public Places Account for the water feature for the La Quinta Court project. Modifications have been proposed by the developer of this project with a final cost of $87,525. The final design will require an additional $22,525 from the Art in Public Places Account #701-000-255-210 which has a balance of $283,012 as of April 30, 2001. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 23, 2001, Mr. Frank submitted a water feature schematic for consideration by the City Council. The modified concept provides eight "art walls" which are 6 feet high. Mr. Frank has indicated to staff that the modified version of the water feature would cost approximately $65,000 to construct. However, according to Mr. Frank, if additional features were added to the structure or to the surfaces, this may result in additional costs. At the February 6, 2001 City Council meeting, the City Council directed staff to work with the developer to better define the details of the water feature and to prepare an Art Purchase Agreement. An allocation of $65,000 was provided for this project from the Art in Public Places Fund. Staff met with Rod Murphy, representing the developer, Dale Frank, and Dennis Marshall, the artist, to review the project details as discussed by the City Council at the February 6, 2001 City Council meeting. 216 The features that are contained in the approved fountain design include: ■ 114 foot curvilinear fountain ■ two foot high outer wall ■ eight six foot panels, offset throughout the fountain ■ panels constructed of a textured concrete ■ water running over the edge of the panels into the pool of the fountain ■ seating surfaces along the outer wall of the fountain ■ multiple boulders inside the fountain as well as outside ■ lighting of the fountain pool At the April 3, 2001 City Council meeting, the artist, Mr. Marshall presented a marquette of a water feature. It was determined that the City Council would like to see a "stair -step" effect to the water feature, increasing the dimensions to the base of the water feature. The project was delayed due to the re -engineering of the base. Presented as Attachment 1 is an artist's rendition of the proposed water feature for the La Quinta Court. The City Council approved the original concept for the La Quinta Court art feature with a budget of $65,000. However, once the developer and artist re-evaluated the project with the modifications, the estimated cost of the project increased to $87,525. An additional $22,525 is available in the Art in Public Places account should the City Council approve the final design of the art feature. The Art Purchase Agreement is provided as Attachment 2. If the City Council or City Attorney provides additional comments regarding the art feature, these will be included in the Art Purchase Agreement as well. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the La Quinta Court Art Feature; authorize an additional $22,525 from the Art in Public Places account, and authorize the City Manager to execute the Art Purchase Agreement with any changes that may be required by the City Attorney; or 2. Approve the La Quinta Court Art Feature without additional funding and authorize the City Manager to execute the Art Purchase Agreement with any changes that may be required by the City Attorney; or 3. Do not approve the La Quinta Court Art Feature; or 4. Provide staff with alternative direction. 217 S:\Community Services\CCReports\CC112.La Quinta Court Art Feature.wpd 0 0 2 Attachments: bmitted, nity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Artist Rendering of the Feature 2. Art Purchase Agreement Proposed La Quinta Court Art 218 S:\Community Services\CCReports\CC112.La Quinta Court Art Feature.wpd 00d r' 2 219 ATTACHMENT 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this _ day of , 2001, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and DALE FRANK DBA LA QUINTA COURT (Developer) and DENNIS MARSHALL (Artist). RECITALS A. The Developer is currently constructing a retail center on the southeast corner of Washington Street and Highway 111. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is the terminus of the southeast corner of Washington Street and Highway 111 (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scone of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. SACommunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quints, Court.wpd Page 1 of 18 220 006 The Developer shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Developer and Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Developer and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Developer and/or Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Changee Order. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Developer and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Developer and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Developer and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 221 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 2 of 18 T! 19 7 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Developer and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Developer and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the'City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Rik of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 L11g. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The Artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Developer shall not exceed $87,525 (eighty seven thousand, five hundred twenty five dollars). 222 S:\Community Services\An In Public Places Agreements\Art Purchase Agreement, La Quinta Coun.wpd Page 3 of 18 t�tl ARTICLE H. TIME OF PERFORMANCE 2.1 Time. Developer and Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Developer and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Developer and/or Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's and Developer's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Developer may, at its option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Developer and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or the Developer is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Developer in finishing Artist's work, such excess shall be paid by the City and/or the Developer to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Developer as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or the Developer by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City and/or the Developer elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City and/or Developer for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Developer, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Developer shall approve such action and certify the amount thereof to be charged to Artist. 223 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 4 of 18 Q 0 9 ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City and Developer, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Qualily and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Developer in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City and Developer hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City and/or Developer shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Developer, and at no cost to the City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et�ea., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as &TOmmunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Coun.wpd Page 5 of 18 224 Cl10 Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 R&gi tration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City Developer and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist 225 shall have the right to direct the City to remove Artist's name from the Artwork. In connection &Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court,wpd Page 6 of 18 C. 11 herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VIL ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or Developer; Developer; b. exercise supervision over any employee or official of the City or the C. have authority to contract for or bind the City or Developer in any manner; or represent itself as an agent of the City or Developer; or otherwise be authorized to act for or on behalf of the City or Developer; d. have status as the City's or Developer's employees or have any right to any benefits that the City or Developer grants to its employees. ARTICLE VIIL ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become 226 S:\Community Services\Art In Public Places Agreements\An Purchase Agreement, La Quinta Court.wpd Page 7 of 18 012 due from the City or Developer under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and Developer may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Developer to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon Artist's written request, the Developer shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Developer with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the Developer and/or City for damages sustained by the Developer and/or City by virtue of any breach of this Agreement by the Artist, and the Developer may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Developer is not released of the responsibility for providing the completion of the Artwork for the Site and shall either have this Artwork completed or shall provide a replacement Artwork approved by the City. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin &TOunmunity Services\Art In Public Places AgreementsUrt Purchase Agreement, La Quinta Court.wpd Pa e 8 of 18 g 227 G13 or ancestry, and the Artist shall comply with the equality of employment opportunity provisions Of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 19 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any parry to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing parry in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and 2 2 C Artist, and their respective heirs, personal representatives, successors and permitted assigns. SACommunity Services\Art In Public Places AgreementsUrt Purchase Agreement, La Quinta Court.wpd Pa e 9 of 18 014 B ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Developer, to: Dale Frank c/o G.J. Murphy construction P.O. Box 1124 Palm Desert, CA 92261 760-340-9423 C. if to the Artist, to: Dennis Marshall 80-975 Indio Blvd. C-1 Indio, CA 92201 760-775-5310 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Developer and Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Developer's and Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer's and Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer and Artist from 229 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quints Court.wpd Page 10 of 18 `-' 1 and against any and all claims, demands, defense costs, liability or consequential damages of any errors or omissions in the performance of the City's obligations under this Agreekind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, ment. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Developer shall ensure that the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably en acceptable to the City. Developer and Artist shall not proceed with any work nor receive paymt under this Agreement until, among other things, the City has received the appropriate insurance certificates. Developer and/or Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Developer and Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Developer's and Artist's responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insuranPolicy required under this rice poli Agreement. 230 &TOoftmunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Pa a 11 of 18 V l V g In addition to any other remedies the City may have if Developer and/or Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and Artist may be held responsible for payments of damages to persons or property resulting from Developer's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Developer nor Artist shall offer any substitute in said proposal or if a substitute so offered by Developer or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. 234 S:\Community Services\An In Public Places Agreements\Art Purchase Agreement, La Quinta Count."N Page 12 of 18 V Nr 8 CITY: CITY OF LA QUINTA, a California municipal corporation By: THOMAS P. GENOVESE, City Manager ATTEST: City of La Quinta, California JUNE GREEK, City -Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: DENNIS MARSHALL DEVELOPER: DALE FRANK By: Its: ' S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 13 of 18 23 018 EXHIBIT A SCOPE OF DESWN BUILD SERVICES 1• SQOPE OF WORK 1. Developer and/or Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Developer and/or Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Developer and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Developer and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to the Developer and Artist. 4. Developer and Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS nF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Developer prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 233 SXommunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Pa e 14 of 18 G 1 " g 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Developer shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of. 114 foot curvilinear fountain with 24 inch high outer walls Eight panels of textured "raked" concrete Panels and fountain walls to be of gray tones Panels will vary in size from 714" to 4' in height Panels to be set at various angles Water to collect in a top pool of each panel and then flow down the textured panels Seating surfaces along the outer wall Multiple boulders to be found throughout the fountain pool Lighting to be incorporated into the fountain, to shine on the panels Lights to incorporate colored lenses that may be changed throughout the year 234 SX01untunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Pa e 15 of 18 020 v B EXHIBIT B SCHEDULE OF PERFORMANCE SCHE_ DULING: The project will take approximately six months to complete the fabrication of the Artwork. Work will commence during the month of July, 2001 and completed, installed and functioning by January, 2002. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. 235 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quints Court. (�' yy wPd Page 16 of 18 Ct 2 1 EXHIBIT C SCHEDULE OF COMPENSATION PRE: Basic Contract: Total Not to Exceed KHEDUi E OF PAYMENTS: First payment due upon approval of project (25%) Second payment due upon installation Of fountain walls (25%) Third payment due upon completion of art panels (25%) Final payment due upon filing Notice of Completion (25%) $87,525 $87,525 $21,881.25 $21,881.25 $21,881.25 $21,881.25 236 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd (' (; Page 17 of 18 2 4 EXHIBIT D MECE OF COMPLETION ETION FOR ARTWORK Piece of Artwork: La Quinta Court Art Feature WHEREAS, by that certain Art Purchase Agreement dated 2001 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with DALE FRANK DBA LA QUINTA COURT (Developer) and DENNIS MARSHALL (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Developer and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. of IN WITNESS WHEREOF, the Agency has executed this certificate this da 2001.Y CITY OF LA QUINTA, a California municipal corporation by: 237 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Oki Page 18 of 18 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Addition of Article XVI PUBLIC HEARING: to the League of California Cities Bylaws Relating to the Establishment of a League Grassroots Network (Legislative Advocacy) Approve an addition of Article XVI to the League of California Cities Bylaws relating to the establishment of a League Grassroots Network and authorize the League's representative, Council Member Henderson, to so execute the ballot. The proposal by the League of California Cities, if approved by the member cities, will result in a dues increase to the City of La Quinta which will need to be paid in fiscal year 2001-2002. Because the League of California Cities operates on a calendar year rather than a fiscal year, the dues increase for the last half of calendar year 2001 (i.e. July through December 2001) will become part of the annual dues which come due in January. The League estimates that the January 2002 dues increase for the Grassroots Network will be $2,692 which will cover the period from July 1, 2001 until January 2003. Although not specifically part of the Grassroots Network proposal, it should also be pointed out that the City's regular dues for 2002 will be $5,127, an increase of $1,022 over 2001. The dues, which are based on population, will increase due to the City's population growth from last year. The total budget impact for fiscal year 2001- 2002 for dues including the increase to pay for the Grassroots Network will, therefore, be $7,818. Funds have been included within the preliminary budget for the Council's consideration. None. 238 The City has received correspondence from the League of California Cities ("League") relative to the establishment of a Grassroots Network ("Network") for legislative advocacy (Attachment 1). The League has requested member cities to consider the bylaw amendment proposal (along with the attendant dues increase) and return a ballot indicating each city's vote. According to the League, the Network proposal was presented to the League's Board of Directors in late 2000 by the League's City Managers Department to "significantly expand our legislative influence...." The League's Board appointed a Task Force to investigate the proposal, and following their investigation, the Task Force "strongly endorsed" the Network proposal. The basis for the Network proposal is the continued threat to the fiscal autonomy and stability of cities. Cities have seen funding sources diminish over the last 30-40 years. The State of California has taken several actions in recent years that have exacerbated the situation. The League is now expressing concerns that the State may, in the future, target cities' share of sales and use tax, and the Vehicle -in -Lieu (VLF) fee, or continue to pass unfunded mandates. To ameliorate the situation, the League is proposing the establishment of the Network which will take a more pro -active and localized stance on legislative issues affecting cities (i.e. fiscal reform, transportation funding, protecting local control)• Although the League remains proud of its current city advocacy program, it believes that "traditional methods are often a poor match for grassroots campaigns and financial contributions by other competing interests." The League cites the powerful educational lobby as an example of how successful grassroots programs/campaigns can be. The League hopes to build its own Network to "coordinate city officials' efforts locally to influence legislators, their staff, potentially helpful community groups, and the news media." The Network itself would consist of 10 field offices to be staffed by 17 staff members comprised of 14 new and 3 existing staff members. These offices will arrange meetings, plan news conferences, organize letter writing and media campaigns, and coordinate grassroots efforts with community groups having similar agendas. According to League staff, no decisions on the locations of the field offices has been made; however, it is proposed to have two (2) legislative coordinators for the Inland Empire. League staff indicated that an RFP will be issued to all member cities seeking proposals to house the legislative coordinators. The responses to the RFP will be utilized to determine where the field offices will be located. It is anticipated that the Network will become operational by January 2002. The estimated, annualized cost to operate the Network is $1 .6 million which will be funded through a dues increase if the proposal is approved by 2/3 or more of the 239 member cities. The League has adopted several accountability standards for the Network should this proposal be adopted. According to the League, those standards include: "establishing long-term goals, annual program objectives, and regular reports to the membership; and unbiased, professional evaluation three times during the first five years; and a vote of the membership after five years to continue the program. Under the League's current bylaws, the board may also vote to discontinue the Grassroots Network at any time." As proposed, the Network has a sunset clause and the Network will cease to exist on December 31, 2008 unless its life is extended by a vote of the member cities on or before December 31, 2007. The issues cited by the League as giving cause to the Network include many of concern to the City of La Quinta such as loss of local control, State raids on city finances, and the need for transportation funding. The establishment of a Grassroots Network may serve to protect cities' interests in the legislative process. The attached materials from the League provide additional details on this proposal, its background, and purpose. The alternatives available to the City Council include: 1. Approve an addition of Article XVI to the League of California Cities Bylaws relating to the establishment of a League Grassroots Network and authorize the League's representative, Council Member Henderson, to so execute the ballot; or 2. Do not approve an addition of Article XVI to the League of California Cities Bylaws relating to the establishment of a League Grassroots Network and authorize the League's representative, Council Member Henderson, to so execute the ballot; or 3. Provide staff with alternative direction. Respectfully siL — &%�I Britt W. Wilson, Management Analyst City Manager's Office 240 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. League of California Cities Correspondence and Ballot GWyDaW\ Oocc\CITY COUNCNCCSTRGPASSFOOTSNET OPK 050501.wOtl 241 I-)iF!': Leaque of California Cities W. Nt a ltte, ATTACHMENT 1 Better Cities —A Better Life May 9, 2001 Dear City Manager or City Clerk (in cities without city managers): We each serve on the League board of directors, and we are taking the unusual step of writing you collectively to strongly encourage your city's support of a proposal to establish a new Grassroots Network for the League. Each one of us attended the board meeting in Vacaville on April 28, 2001, when we voted unanimously to support the proposal and send it to the cities of the state for consideration. Background Eight months ago we were brought an exciting proposal by the City Managers Department of the League to significantly expand our legislative influence by establishing a Grassroots Network. We appointed a Task Force to investigate the idea. After a careful study of various options, the Task Force strongly endorsed Grassroots Network concept and urged us to share it with the League membership. After four months of briefings and hearings on the proposal for city officials across the state, the Task Force took the feedback it received, made the proposal even better, and recommended it be adopted. Major Elements The Grassroots Network would provide 14 new and reallocate 3 existing staff in 10 field offices to support the League's 16 regional divisions and 476 cities in advancing legislation that benefits all cities. These staff would be available to assist city officials and the League's regional divisions to work more closely with legislators, legislative district staff, news media, and community groups to form coalitions that will help protect city revenues and local control. In approving the Grassroots Network, we voted to include a number of important measures to make sure it stays accountable to all of us, including: Long-range goals, annual objectives and regular reporting to the membership; An unbiased, professional evaluation three times during its first five years. A vote of the membership after 5 years of operation to continue the program. The Grassroots Network will not help us win every legislative battle, but it will equip us to compete more effectively as we face efforts to reduce our revenues and local control in the years ahead. Headquarters 1400 K Street Sacramento, CA 05814 ete.e5e,8200 FAX )I O,b58. 8240 244 Southern California Office (102 [nit Huntington Dr, Sunc C pinnrrn.ia. CA 91010 620.305-1315 FAX 620.305. 1345 City Managers/City Clerks — League of California Cities Proposed Bylaw Amendment Page 2 of 2 Next Steps Information on the proposal and the voting process is enclosed, along with a disk that contains electronic copies of the sample report to your city council and a Power Point presentation of the Grassroots proposal. We appreciate your interest in this exciting idea, and we hope we can look forward to your city council's support of this innovative and valuable component of our legislative strategy in 2001 and beyond. Tip O'Neill, former Speaker of the U.S. House of Representatives, once remarked that "all politics is local." The Grassroots Network capitalizes on the strengths of this fundamental truth. Ultimately, local elected and appointed officials are the most powerful advocates for their cities. The Grassroots Network will assist you in doing so. Sincerely, Officers David Fleming, President and Mayor, Vacaville Beverly O'Neill, I' Vice President and Mayor, Long Beach John Russo, 2nd Vice President and City Attorney, Oakland Directors Maria Alegria, Council Member, Pinole Harry Armstrong, Mayor, Clovis Jim Bagley, Mayor, Twentynine Palms Nancy Dillon, City Clerk, Thousand Oaks Pat Eklund, Vice Mayor, Novato Margaret Finlay, Council Member, Duarte Lee Ann Garcia, Mayor Pro Tem, Grand Terrace Stewart Gary, Fire Chief, Livermore/Pleasanton Tom Haas, City Attorney, Walnut Creek Tina Hansen, Council Member, Signal Hill Sandra Hilliard, Mayor, Yuba City Joe Hilson, Council Member, Hayward Ron Loveridge, Mayor, Riverside Art Madrid, Mayor, La Mesa Kathryn McCullough, Mayor, Lake Forest Pat McGuigan, Council Member, Santa Ana Dave Mora, City Manager, Salinas Phil Nyberg, Mayor, Fortuna Alex Padilla, Council Member, Los Angeles Bev Perry, Council Member, Brea Bob Pinzler, Council Member, Redondo Beach Larry Ritchie, Council Member, Westmorland Jim Ross, Public Works Director, Santa Ana Mike Siminski, Council Member, Lompoc Armour Smith, Council Member, Modesto Tom Sullivan, Planning Director, Moraga Steve Temple, Finance Director, Hemet Marland Townsend, Council Member, Foster City Jerry Van Leeuwen, Block Grant Director, Escondido Ruth Vreeland, Council Member, Monterey 24.1 Y Purpose City officials have experienced deep frustration in recent years as the state government has amassed more resources and power at the expense of local government services. The League has a solid reputation as an advocate of city interests, but in the new era of term limits, traditional lobbying methods are often a poor match for grassroots campaigns and financial contributions by other competing interests. Many organizations have already responded to the new political reality in Sacra- mento by investing in a stronger grassroots organization, including the powerful education lobby, which recently launched a new, high profile and well -funded grassroots organization called EdVoice.The League now has to respond in kind to this new climate by building a solid grassroots network to coordinate city officials' efforts locally to influence legislators, their staff, potentially helpful community groups, and the news media. Major Elements The Network would consist of 10 field offices that would be staffed by 14 new and 3 existing staff (15 coordinators(2 support). The coordinators would work with city officials and the regional divisions of the League to promote key League legislative priorities with legislators, district staff, local media and other supporting community groups. They would arrange meetings, plan news conferences, organize letter writing and media campaigns, and coordinate grassroots efforts with community groups with similar agendas. In short, they would increase the impact of the League's 16 regional divisions and the already busy city officials in each division on the state legislature's and governor's decisions affecting cities. Cost The Network would cost cities an additional $1.6 million each year in dues. This is the equivalent of four one hundredths of one percent (0.04%) of the $3.8 billion cities collect each year in sales and use taxes, and about one tenth of one percent of the $1.57 billion cities receive each year in VLF revenues. Most observers believe both revenue sources could become victims of legislative raids in the next recession. Individual city costs for the Network will vary depending on city population. For example, a city of 50,001 to 60,000 population would pay an additional $4,643. Such a dues increase will require amendment of the League bylaws approved by no less than 2l3 of the voting League membership. Membership Review The idea of the Grassroots Network originated with the City Managers Department and was more fully developed by a special Task Force appointed by the League board of directors. Information on the program was developed and disseminated to the full League leadership ( board, divisions, departments, policy committees and caucuses), as well as to every city manager. Dozens of presentations on the proposal were made to each League division, many departments, and to most of the area city manager groups throughout the state. Accountability to the Membership Based upon membership input, the Task Force recommended, and the board adopted, significant changes to the original proposal. These include: establishing long-term goals, annual program objectives, and regular reports to the membership; an unbiased, professional evaluation three times during the first five years; and a vote of the membership after five years to continue the program. Under the League's current bylaws, the board may also vote to discontinue the Grassroots Network at any time. Next Steps 244 Cities are now asked to vote to approve the addition of article XVI to the League's bylaws relating to the establishment of the Grassroots Network, along with a new increased dues schedule to pay for the program. A ballot will be sent to each city. Ballots returned to the League must be postmarked no later than July 6, 2001. Revised 05107101 o�Noeo ,ap Grassroots Network Frequently Asked Questions I veger of [ohs �nre lioa, i-. What is the Grassroots Coordinator Network? The Grassroots Coordinator Network would consist of 10 field offices staffed by 14 new and 3 existing staff who would serve as grassroots coordinators. Their job would be to work with city officials and the regional divisions of the League to aggressively promote key League legislative priorities with legislators, district staff, local media and other supporting community groups. Why do we need a Grassroots Network? The Network proposal was developed by a task force (see page 4 for a list of task force members) authorized by the League Board of Directors as part of its strategic planning process. It responds to the deep frustration of many local officials about the cities' loss of political clout, compared with other, better -positioned interest groups that contribute millions of dollars to campaigns. The concept of establishing local field offices is used very successfully by political campaigns, as well as by teach- ers, labor and other statewide membership organizations. These groups find that a network of field offices is a well - tested means to communicate with a dispersed membership, and to mobilize local support for the organization's causes. A recent survey by researchers at Wake Forest University found that key congressional staff, as well as government and public affairs executives, ranked grassroots activities as more effective in influencing the outcome of legislation than corporate or contract lobbying, campaign contributions or advocacy advertising. California's powerful education lobby must agree: they recently launched a new, high profile and well -funded grassroots organization called EdVoice. These are the interests against which the League must compete in Sacramento. How will cities benefit from this proposal? The goal of the Grassroots Network is to focus on major issues of concern to all cities, such as fiscal reform, increased funding for transportation and local control. Cities will benefit from the increased visibility of city issues in local and statewide media, and by holding legislators accountable back home for the votes they cast in Sacramento. The potential payback for this investment is enormous. For example, on a statewide basis the proposed $1.6 million dues increase needed to pay for the network is equivalent to only four one hundredths of one percent (0.04%) of the annual $3.8 million cities receive in sales and use taxes. It is one tenth of one percent of the $1.57 billion cities receive each year in VLF revenues. Portions of both VLF and sales and use tax revenues are at risk from legislative raids if the state suffers another recession. The costs are also relatively small when compared to the expenditures made by organizations that compete with cities and the League for the allocation of dollars in Sacramento. For example, the 1999-2000 legislative session just two of the statewide public employee unions' that sponsored or lobbied for SB 402 (the binding arbitration bill) reported spending about $3.1 million in campaign contributions to legislators, candidates for statewide office or 1!4Do) Page 2 of 4 current statewide office holders, in addition to their expenditures for in-house or contract lobbying. During the same period, the California Teachers Association, which competes very effectively for funding in Sacramento, reported spending approximately $2.7 million on lobbying expenses on education issues. In the same period, the CTA also spent approximately $6.3 million on campaign contributions to legislators, candidates for statewide office and current statewide office holders, and $35.2 million on initiative campaigns to further advance their policy agenda. What would the grassroots coordinators do? The coordinator's role is to increase the impact of the League's 16 regional divisions, by helping busy city officials focus strategic attention on state legislators' and the governor's decisions affecting cities. The coordinators will work to build relationships with local elected and appointed officials, local media, and other individuals and organizations in the region who might be called upon to be part of a local coalition on a particular League initiative or pending legislation. The coordinators' would: Arrange meetings for city officials with legislators, plan news conferences, organize letter writing and media campaigns, and coordinate grassroots efforts with community groups with similar agendas. Support mayors, council members and city managers in drafting sample letters from cities; and train city staff on understanding and accessing the legislative process. Provide regular presentations on legislative developments and insight into the political dynamics influencing legislative developments. Meet regularly with legislative staff, media representatives and community groups about the League's legislative priorities. What kind of person will be hired to staff the Network? Everyone associated with this project has concluded that the best way to make this Network effective is to hire seasoned, professional, political organizers, not policy analysts or technical people right out of college. The budget provides an attractive salary and benefit package to do this. In addition to reassigning some League staff, we expect to recruit savvy political people who have worked on legislative or local elections, staffed legislative offices, or worked in public affairs or campaign consulting firms. Where will the field offices be located? The 10 field offices would be located around the state to ensure that coordinators are available to serve each of the League's 16 geographic divisions, while still balancing the need to maintain close contact with legislative districts and to be accessible to all cities. A map of the distribution by region is available in the information packet developed by the League. The League will send out Requests for Proposals (RFPs) to solicit interest by cities in hosting a coordinator. The goal will be to achieve the highest impact on League lobbying and greatest visibility among mem- bers, while still keeping expenses as low as possible. Page 3 of 4 How does the Network relate to the ABC effort? Action for Better Cities was created to make expenditures and engage in "political" activities such as statewide initiative campaigns. Recently, through in -kind contributions of staff time and strategic counsel, ABC was able to play a major role in helping to defeat Proposition 37, the initiative that would have severely limited cities' abilities to impose fees to support local regulatory activities and provide services. While both the proposed Network and ABC share a similar objective, namely to gain more political clout for cities, the Network coordinators will focus on organizing local activities in support of League legislative positions. ABC will lead any initiative effort in support of fiscal stability and similar objectives. Our city already pays a lobbyist. Why do we need this network too? The Network doesn't replace the ongoing need to have a strong lobbying presence in Sacramento. (In fact, part of the task force recommendation which has been approved by the League Board of Directors is to set aside at least $50,000/year in the budget to hire contract lobbyists in Sacramento to assist League staff at strategic times on some key issues.) Cities that currently have their own contract or in-house lobbyist will probably continue to find that having their own representation makes sense, for two reasons. First, the League's lobbying program represents the interests of all 476 cities. It lobbies the legislature on matters of statewide importance to cities, and cannot provide the representation needed to address the individual needs of cities or even a single region. Second, the grassroots coordinators will be networking and organizing people, not lobbyists. This work will support and enhance the efforts of all city lobbyists, regardless of whether they are con- tractors or in-house staff. Several prominent contract lobbyists who represent individual cities have commented that they see the network proposal as complementary to their ability to represent their clients. What criteria will be used to measure the Network's effectiveness? The League board specified that, if the Network were approved by the membership, the board would set both long- term goals and annualized objectives for the program and report them to the membership. The board also required that the League engage the services of a consultant to conduct a professional membership survey that establishes a base line of information about city officials' perceptions of the effectiveness of the League's legislative advocacy efforts and the relative level of involvement of city officials in support of that advocacy work. The board's intention is to repeat that survey at the end of year three and following year five, comparing changing attitudes and levels of efforts. How will the League be held accountable for the Network's success or failure? In addition to the survey to assess members' perceptions and actual involvement in grassroots activities, the board also directed the staff to (1) establish a separate Grassroots Network account in the League budget, so that mem- bers can track Network expenses; (2) publish an annual legislative voting records report, including a ranking of legislators and the Governor on key city issues; (3) report board goals and annual legislative and policy objectives to the membership; (4) provide regular reports at the Executive Forum, Annual Conference and League department and division meetings; and (5) provide periodic reports to the membership. Will this new program have a sunset date? On or before the end of the sixth year of the program (December 31, 2007), the board will ask the membership to vote on the question of continuing the program. If the membership votes against the program continuation, the Network would be shut down, and cease operations by no later than the end of the seventh year (December 31, 2008). '47 r l _`�. Page 4 of 4 What will it cost? The estimated annualized cost is $1.6 million, spread among all member cities. This estimate is based upon the following assumptions: • Several current League staff members will be reassigned. Approximately 14 new staff will be hired. • Much of the cost for the individual offices will be subsidized by the cities where the office is located, for ex- ample, by making office space and support staff available within a city facility. How will costs be distributed? Costs would be distributed among all cities based upon the League's dues structure, which is based on population. Some small cities pay only a few hundred dollars, while the largest cities pay tens of thousands of dollars. The median dues statewide are currently about $4,930. The Network would increase median dues by approximately $2,588 2 When would a dues increase start? If the membership votes to approve the bylaw amendment the proposed dues increase would be effective on July 1, 2001. Grassroots Lobbying Task Force Harriet Miller, Mayor, Santa Barbara - Chair John Thompson, City Manager, Vacaville, and President of the City Managers'Department — Vice Chair Eileen Ansari, Council Member, Diamond Bar Harry Armstrong, Council Member, Clovis Lee Ann Garcia, Council Member, Grand Terrace Tom Haas, City Attorney, Walnut Creek Jim Marshall, City Manager, Merced Patsy Marshall, Council Member, Buena Park Dave Mora, City Manager, Salinas Kevin O'Rourke, City Manager, Fairfield Susan Peppler, Council Member, Redlands Greg Pettis, Council Member, Cathedral City Mike Siminski, Council Member, Lompoc Armour Smith, Vice Mayor, Modesto Anne Solem, Council Member, Mill Valley Richard Tefank, Former Chief of Police, Buena Park Ruth Vreeland, Council Member, Monterey Endnote The California Professional Firefighters Association and the Police Officers Research Association of California. 2 For purposes of establishing the grassroots network, the $5,000 dues cap in League bylaws article IV, section 2, is would be suspended for the years 2001 and 2002. The dues cap will apply to base dues without interruption and will apply to total dues in year 2003 and years following. 248 t°UNPFP }BPB trn, Grassroots - • Proposed Distribution of Staff 1 e<9ii�o� falifen�.ia (uir, - Among'/gDivisions 1 16 1 Legislative Coordinator 2 Legislative Coordinators 2 ■ 3 Legislative Coordinators 3 5 Regional Divisions 4 1. Redwood Empire 2. Sacramento Valley 3. Central Valley 4. South San Joaquin Valley 5. Desert -Mountain 12 6. Inland Empire 7. Riverside County 8. Imperial County 6 �____-- 9. San Diego County 10.Orange County 10 7` 11. Los Angeles County , 12. Channel Counties 9 ; 8 13. Monterey Bay ' 14. Peninsula 15. East Bay 16. North Bay 249 �t DIVISION Grassroots Coordinator Networl Proposed StaffAssignments: Cities and Legislative Districts # STAFF # CITIES #LEG. DIST. North Bay & Redwood Empire 1 46 6 Sacramento Valley 1 58 8 South San Joaquin 1 37 7 Central Valley 1 26 4 Riverside, Inland Empire, Desert Mtn. 2 54 13 Orange County 1 34 10 Los Angeles County 3 86 33 Channel Counties 1 24 6 Peninsula, East Bay, Monterey Bay 3 86 23 San Diego, Imperial County 1 25 10 qi rk Action Plan The following dates constitute the time frame and action steps to implement, operate, evaluate and manage the grassroots network if approved by the League membership. DATES ACTION March, 2001- On -going Develop data base for political action. July, 2001 Implement recruitment program for grassroots coordinators - advertise positions. Send out Requests for Proposals (RFPs) to cities to solicit interest in providing office space/equipment. Initiate professional survey of membership perceptions of involvement with League legislative advocacy. August 2001 Deadline for coordinator candidates' resumes. Deadline for RFPs on office space. September, 2001 Interviews for grassroots coordinator candidates. October, 2001 Make job offers to grassroots coordinators. Site Selection Committee chooses office locations. Complete membership survey November, 2001 Grassroots Coordinators report to work. Training Workshops for grassroots coordinators to cover: 1) League organization, history, goals and key issues; and, 2) Operating a grassroots program. Board of Directors sets long-term goalstshort-term objectives and distributes to League membership. December, 2001- On -going Program begins with introductions to membership and involvement in city official meetings. December, 2003 Complete mid -program survey of membership perceptions of involvement with League legislative advocacy. December, 2006 Program completes five years of operation. Third survey of membership is initiated to evaluate success. December, 2007 League membership votes to continue program. December, 2008 Grassroots program terminates, if membership turns down program. Program 2 t continues if membership votes to retain it. `' The Grassroots Network Proposal 01 What Happened? • Proposition 13 passed by voters in 1978 to give taxpayers protection from property taxes. • Trojan Horse: froze tax rates and gave power to state government to allocate property taxes. Effects rtu. • Property tax only 7% of cities' revenue (15% in 1976) • Reduced state and federal aid to cities ➢ 1974.75: 21% ➢ Today: 13% • Result: Serious cuts in city services ➢ 12%cut in library funding ➢ 220/6cuts in parks and recreation 46, Before 1978 • Inconceivable that a city could not maintain its streets, equip its libraries, answer emergency calls, and have attractive parks. • California renowned as one of the "strongest home rule states in the nation." • Today that era seems like a dream. The Other Shoe Drops in MWr 1991-1992 • Economic Recession: state takes local property tax to fund schools • Total cost in 2001: over $4 billion ($1.6 billion to cities; $300 m./year growth) • $15 billion state surplus — but no ERAF return State Cuts of City Revenues C.a-.... , a.m. __. ��. �.• , amo' �a......aa •w.a.en.. .,rw.ws.w 46 t +r Property Tax: How much goes to your city? city 16%, —� aSusI SUmols sP.mi SeK o�ww 11Y j (fWical eo or, in acm s�Rrdevelopmmtam.) .mace rysr.n�YY� Vehicle License & Registration Fees: How much goes to your city? Cities 12'4 Car Sax Counties 27 (VLF) - calif Hwy Patrol 161: / State DW 33'A� i! rrcaciaes State Highways 35a 1MM State Agencies 3", ) 81X State General Fund 12a Total DW Fees loou �\ Afar 67."% VLF not amCNa January 2001 mace Cwr-.uw"c�a n, - What Has the League Already Done to Increase Legislative Effectiveness? (2) ➢Pressed for Budget Wins: $1.3 billion Direct Local Relief, including funding for streets and roads (2000-01 State Budget) ➢ Successfully fought most mandate and preemption legislation. ➢Strengthened partnership with CSAC Sales Tax: Fx arb muaM 6olur »n 4®d. Nu PaY elu m m city 1 cent I� Germ -tax crn.rat Fund dm TreISKI sdc al (Yid") t. IDVM'£C ls— .:•" PmPo•kon Ntli: SMI AMR m XaM cw.� Mnasay%%fast,. TnnapM v. wm What Has the League Already Done to Increase Legislative Effectiveness? (1) ➢ Strategic Plan: clearer focus on issues that unite cities. ➢Binding Arbitration Litigation: Taking the battle for local control to the courts A Strategic Response: Grassroots Network WHAT IS IT? • Network of field coordinators to generate and organize grassroots activities to support cities' legislative needs ➢10 field offices ➢14 new and 3 existing League staff ➢Distributed among League divisions 253 2 Why a Grassroots Network? (1) We need to do something different! • Loss of local governments' political clout in era of legislative term limits • Increasing emphasis on campaign contributions • Deep frustration on the part of many local officials • Growth of legislators with local goverment experience provides great opportunity. We're Being Outspent ... Lobbying and Campaign Contributions srzo s+°o s..0 4 J gF seo } Y.0 b wu ur u..� rr•. Why a Grassroots Network? (2) • Well -tested means to communicate with dispersed membership, used by: ➢Political campaigns ➢Teachers, labor & other statewide organizations • Create organized and focused responses • Keep key city issues in front of legislators, media, etc. so legislators can be accountable for thew votes on key city issues. We're Being Outspent ... Lobbying and Campaign Contributions a.o $a.s 0.0 ..�°�'.. s ve s u.s F u.o S s+.s sto .• MO LN°u.0f sa.a3 suwaw. Gtibm. Ca.. �arm r•�iws�r,rm u,r.. aa,.e�rw.•.w.errr w�s+rww®sr.. What Research Tells Us (1) • In recent survey of Business Week's 1,000 companies, 82% indicated they used grassroots strategies to influence legislation. • Key congressional staff rank grassroots activities as most effective means to influence legislation (57%). jyag:Gmavmpymepam/T¢llev: Whorl Nm4e Weal Qaew 1. ¢d MTY. Mitluel D.I.ad wm F.Wa UniwsryiaM¢GCMmie Srb.ol or 254 3 f "7) AM What Research Tells Us (2) Government/public affairs executives rank grassroots as most effective (49%). Grassroots part of total advocacy strategy, including lobbying, advertising and contributions. SpyQr: cIOJlIDNJ .LAIC A rIXllCi: Mi101 w s IYhuI DiCN Y. eli S Iam D.I. Wakc Fortrt Udvvvry'c B�Emd�Graduac Sdwol of Mwgmiwc Coordinator's Job (1) • Build relationships ➢Legislators and their district staff ➢City officials - elected and appointed ➢Media ➢Possible coalition partners - Other individuals and organizations • Organize meetings, news conferences, letter -writing and media campaigns How Does the Network Ega Relate to Action for Better Cities (ABC)? (1) Action for Better Cities: • Makes political expenditures (not campaign contributions) to support "political" activities (statewide initiative campaigns) • Helped defeat Proposition 37 (local fees and taxes) • Will lead initiative effort for cities' fiscal How Cities Will Benefit • Increased focus on major issues of concern to all cities ➢Fiscal reform ➢Transportation funding ➢Preservation of local control • Increased potential for impact AMR Coordinator's Job (2) • Support city officials in drafting sample letters • Train city staff on legislative process • Presentations on legislative developments • Insight on political dynamics influencing legislation AM How Does the Network Relate to Action for Better Cities (ABC)? (2) Grassroots Coordinating Network: • Create and maintain a network of city officials, other coalition partners • Bring sustained, focused attention to city issues • Hold legislators accountable 255 0 49Proposed Location of ,Field Offices What About Cities Who Already Have Lobbyists? • Grassroots coordinators do not replace lobbyists ➢Hired to be political organizers, not lobbyists or policy advisors ➢Focus only on issues of statewide importance to all cities ➢No representation or support for agendas of individual cities or regions 61 What's At Stake Estimated cost of Grassroots Network: $1.6 million ➢Four one•hundmdths of one percent (0.04%) of $3.8 billion annual city sales and use taxes ➢One tenth of one percent (0.01%) of $1.57 billion cities receive in Vehicle License Fee revenues (including backfill) ➢Both revenues sources are vulnerable to state appropriation in another economic recession Proposed Location of Field Offices • League will use RFP process and Special Advisory Committee to select locations • Focus on achieving highest impact on League lobbying • Keep program affordable 4& Program Costs • Estimated annual cost of $1.6 million • Spread among all member cites • Based upon League's dues structure (population) ➢Curren[ median dues: $4,930 ➢Median dues increase: $2,588 ➢New median total dues: $7,818 What's At Stake: City sales Tax and VLF Revenues Far Exceed Grassroots Network Cost 54.000 E3,500 LERNM $3,000 "Lord Sales P 8 UseTax i €az.aoo ^ $t.sco answm E1,Om Coatlimmr i V•NLxe Ne1woR Coq' N asoo r, ....^ � s 25` E Membership Accountability' • Board sets clear long -tern goals, annual objectives and reports regularly to membership • Unbiased, professional evaluation 3 times during first 5 years • Membership votes after 5 years to continue or abandon the program No More "Business As Usual" • Cities must build on their strengths • Strong grassroots is cities' answer to big money politics • "Maintenance of status quo is not a rational option!" — (A contract lobbyist) Next Steps Cities are requested to vote on new League bylaw to establish Grassroots Network ➢Bylaw amendment includes dues increase to pay for program ➢Program established if supported by 213 of those voting 257 0 9� League of California Cities Ballot on Grassroots Network City of Does your city vote to approve the addition of article XVI to the League's bylaws relating to the establishment of a League Grassroots Network (attached as Attachment A and incorporated by reference in this ballot), along with the dues schedule (attached as Attachment B and also incorporated by reference in this ballot)? [ ] Yes [ ] No Ballot returned by: City Official Name City Official Title Ballots must be returned by First Class Mail and postmarked no later than July 6, 2001. Return ballots to: League of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814 Attention: Counting Committee 258 Attachment A: Proposed Addition to League Bylaws Article XVI: Establishment and Financing of Grassroots Network Section 1: Enhancement of Advocacy Efforts. To enhance the League's advocacy efforts on behalf of cities, the League hereby establishes a Grassroots Network. The Grassroots Network consists of a series of field offices throughout California, responsible for coordinating city advocacy efforts and promoting statewide League policy priorities. Section 2: Dues Increase (a) Initial Financing. The dues increase approved concurrently with the addition of Article XVI shall finance the League's Grassroots Network for the second half of 2001 and for 2002. The increase shall be used exclusively to finance the Grassroots Network. (b) Continued Financing. Any subsequent dues increases shall occur in accordance with Article IV.' Section 3: Accountability (a) Annual Goal -Setting and Performance Assessment. The League Board shall set long-term goals and annual objectives for the League's Grassroots Network. The League Board shall periodically report to the League's Member Cities on the Grassroots Network's performance in meeting those goals and objectives. (b) Board Discontinuance. If at any time the League Board finds the Grassroots Network is not meeting its objectives on behalf of cities, the League Board may discontinue the Grassroots Network. (c) Membership Vote on Program Continuation. On or before December 31, 2007, the Board shall ask Member Cities to vote on whether to continue the Grassroots Network beyond December 31, 2008.2 ' Explanatory Note: "Article IV" is the existing section of the League's bylaws, which provide for 1) a two-thirds vote of approval by the League board for all dues increases as well as 2) division ratification of dues increases in excess of the Consumer Price Index. Article IV also caps individual city dues increases at $5,000 per year. z The League's bylaws provide that a majority of votes cast is necessary for decision on League votes. See Article XI 1, § 4. 259 Attachment B: Proposed Dues to Establish the Grassroots Network For cities having a population of: Base Dues Paid in 2001 'Addidoiiail tl a *r' Grassroots LasthalE 42001 Base Dues for 2002 (Est) [A + 4%] Annual pes' F' Graaaraots: 'NetMnDrk:_. 2002{Est)�, [Bit'2!+4%[: Total Dues Including Grassroots Network 2002 (Est) [C + D) 1 to 500 ... $37 ,.$10- $39 $20.. $59 501 to 600 ... 99 26` 103 541 157 601 to 700 197 52 205 108 312 701 to 800 ... 216 57' 225 118 342 801 to 900 ... 259 68 269 141 410 901 to 1,000 ... 317 ..!63'- 330 !.,'t73'"> 503 1,001 to 1,250 ... 494 1.30'. 514 .' 270, 784 1,251 to 1,500 ... 611 160 635 334 969 1,501 to 1,750 ... 727 191 756 397 1,152 1,751 to 2,000 ... 865 227" 900 " 4737` 1,373 2,001 to 2,250 ... 921 ':242 958 _503 1,461 2,251 to 2,550 ... 1,020 268- 1,061 '557. 1,618 2,501 to 2,750 ... 1,078 283' 1,122 589 1,710 2,751 to 3,000 ... 1,176 309 1,223 642 1,865 3,001 to 4,000 ... 1,316 '.346 1,369 719. 2,088 4,001 to 5,000 ... 1,570 412' 1,633 857 2,490 5,001 to 7,500 ... 2,044 536, 2,125 1,116 3,241 7,501 to 10,000 ... 2,359 -`619 2,453 1,288 3,741 10,001 to 15,000 ... 2,848 ,747 2,961 1,555 4,516 15,001 to 20,000 3,279 861 3,411 1,791 5,201 20,001 to 25.000 ... 4,105 1,078' 4,269 2,241 6,511 25,001 to 30,000 ... 4,930 1,294 5,127 2,692' 7,818 30,001 to 40,000 ... 6,068 1,593 6,311 3,313 9,624 40,001 to 50,000 ... 7,382 1.938 7,677 4,031- 11,708 50,001 to 60,000 ... 8,504 2{232 8,844 4,643-' 13,487 60,001 to 70,000 ... 9,346 Z,453 9,720 5,103' 14,823 70,001 to 80,000 ... 9,817 2,577 10,210 5,360 15,570 80,001 to 90,000 10,464 2,747- 10,883 5,714 16,597 90,001 to 100,000 11,464 3,009 11,923 6,260[, 18,182 100,001 to 125,000 ... 13,075 3,432 13,598 7,139 20,737 125,001 to 150,000 ... 14,392 3,778 14,968 7,858 22,826 150,001 to 200,000 ... 16,357 4,294 17,011 8,931 25,942 200,001 to 500,000 17,176 4,509 17,863 9,378 27,241 Plus 819 _.215 852 447_ 1,299 per each full 1_0,000 of population over 20o,001 500,001 to 640,000 41,693 10,944 1 43,361 22,764 66,125 Plus 757 199 787 413 1 1,201 per each full 10,000 of population over 500,001 Over 640,000 51,950 13,63Jr'-J 54,028 1 26,365 82,393 For purposes of establishing the grassroots network, the $5,000 dues cap in League bylaws article IV, section 2, is suspended for the years 2001 and 2002. The dues cap will apply to base dues without interruption and will apply to total dues in year 2003 and years following. The League board will consider in September whether a cost -of -living adjustment for dues will be needed in 2002. This table shows 2002 dues with a cost -of -living adjustment of 4%. 260 J2 AGENDA CATEGORY: Q BUSINESS SESSION: v COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: ITEM TITLE: Consideration of a Contract Change STUDY SESSION: Order to Remove and Replace Irrigation System Within Project No. 99-05, Jefferson Street PUBLIC HEARING: Improvements, Phase I, Avenue 54 to Highway 1 1 1 Approve Contract Change Order No. 18 to compensate the contractor for the removal and replacement of the irrigation system within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 111. The following represents the project budget and funding sources: SB 300 (401-000-493-485) $713,411.00 Infrastructure Funds (401-000-493-000) $2,882,008.00 CVAG Funding (401-000-466-481) $12,589,513.00 TOTAL FUNDING: $16,184,932.00 The following summarizes costs for construction support: Project Design: $1,235,338 Construction Management: $444,494 Materials Testing/Field Survey: $141,635 Right of Way Acquisition: $1,557,863 Administration: $668,010 Total $4,047,340 The following represents a summary of the project construction budget: Base Construction Contract Amount: $6,866,566 Contract Change Order Nos. 1-17: $477,048 261 TAP W DEPT\COUNCIL\2001 \010605t. wpd Contract Change Order No. 18: $327,782 Revised Contract Total: $7,671,396 As illustrated the total amount of Contract Change Order No. 18 is $327,782. Of this amount, the Coachella Valley Association of Governments (CVAG) will fund 75% ($245,837). The Cities of La Quinta and Indio will fund the remaining 25% ($81,945) based upon the percentage of work being performed within their respective jurisdictions. Therefore, the City of La Quinta's cost share of contract change order No. 18 (65%) will be $53,264 and the City of Indio's cost share (35%) will be $28,681 . As illustrated, adequate funding is available to support staff's recommendation. Typically the City allocates 10% of the bid amount for contingency to utilize for changes to the contract. For this contract, the theoretical amount of contingency is $686,657. The total amount of contract change order work to date, including contract No. 18, is $804,830. Although this amount exceeds the typical appropriation for change orders, no additional appropriation is required. This change order is a result of an engineering omission on the original plans and specifications for the project bid. Had this work been identified during the design process, it would have been included as an item for bid and bid as part of the original project. None. The project was bid and is being constructed utilizing prevailing wages. On June 29, 1999, the City Council awarded a contract to construct Phase I of the Jefferson Street Improvement project to Granite Construction Company in the amount of $6,866,566.00. The contract provides for 300 consecutive calendar days in which to perform all tasks listed within the bid documents. Contract Change Order No. 18 (Attachment 1) will compensate the contractor for the following work items associated with the removal and replacement of the irrigation system along Jefferson Street from Highway 1 1 1 to Avenue 54: • Removal of existing pipelines, valves and appurtenances and miscellaneous irrigation systems; • Installation of new pipelines, valves and appurtenances and miscellaneous irrigation systems; • Removal of miscellaneous irrigation systems; and • Installation of miscellaneous irrigation systems. 26" 002 T: W W OEMCO U NCI L\2001 \010605f. wp4 The irrigation system improvements originally provided for within the contract have been modified by the Coachella Valley Water District (CVWD). The proposed improvements are required by CVWD to maintain existing services after the Jefferson Street Improvements are complete. The proposed modifications to the contract are necessary in order to comply with agreements between the City of La Quinta and CVWD. Due to the timing of the Jefferson Street project, this work has already been completed by Granite Construction. This change order was recently signed by Granite Construction, after a number of months of negotiations on quantities of work and prices for the work. The alternatives available to the City Council include: 1 . Approve Contract Change Order No. 18 to compensate the contractor for the removal and replacement of the irrigation system within Project No. 99-05, Jefferson Street Improvements, Phase I, Avenue 54 to Highway 111; or 2. Provide staff with alternative direction. Respectfully submitted, 10A Chris A. Vogt Public Works Director/City Engineer Approved for submission by: ✓�lYti� homas P. Genovese, City Manager Attachments: 1 . Contract Change Order No. 18 263 003 T:\PWDEMC0UNC1 LM01 \010605f. wpd ATTACHMENT V �FbOF Q CONTRACT: CONTRACTOR: Sheet 1 of 2 JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY 111 TO AVENUE 54 Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO. 18 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following, described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. Note: This Change Order is not effective until approved by the Engineer. Below is the description of the work to be done, estimate of quantities, and prices to be paid. The work is segregated between additional work at contract price. agreed price. and force account. Unless otherwise stated, rates for rental equipment if for that which is actually used and no allowance will be made for idle time. Change requested by: Engineer The last percentage shown for work at contract price is the net accumulated increase or decrease from the original quantity in the Engineer's estimate. DESCRIPTION OF CHANGE: As shown on Revised Plans Sheets 89 through 104E (approved for construction June 5, 2000) and in accordance with the Contract Specifications, with Section 306 `Underground Conduit Construction' of the Standard Specifications for public Works Construction, and with the Coachella Valley Water District Standard Specifications for the Construction of Domestic Water Systems prosecute the following work: ? Remove existing pipelines, valves and appurtenances and miscellaneous irrigation systems. • Install new pipelines, valves and appurtenances and miscellaneous irrigation systems. Remove Miscellaneous Irrigation Systems • Install Miscellaneous Irrigation Systems For this work the Contractor shall be compensated as follows: 264 C:VEFFER-11C0Nr -1\CC0k18-MC018.WPD 004 Sheet 2 of 4 CONTRACT: JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY ill TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO. 18 INCREASE IN QUANTITY AT CONTRACT ITEM UNIT PRICE Item Description 80 Remove Existing Pipelines, Valves, and Appurtenances (Sta.'s 10+00 to 62+50) 4465 LF (322.4%) @ $8.00/LF 81 Remove Existing Pipelines, Valves, and Appurtenances (Sta.'s 62+50 to 141+00) 5760 LF (414.4%) @ $8.00/LF 82 Remove Existing Pipelines, Valves, and Appurtenances (Sta.'s 141+00 to 167+50) 679 LF ( 25.6%) @ $8.00/LF 82A Remove Existing Pipelines, Valves, and Appurtenances (Sta.'s 167+50 to 195+16.20) 335 LF ( 20.9%) @ $11.00/LF 83 Install New Pipelines, Valves, and Appurtenances (Sta.'s 49+50 to 62+50) 429 LF ( 27.1 %) @ $25.00/LF 84 Install New Pipelines, Valves, and Appurtenances (Sta.'s 62+50 to 141+00) 288 LF ( 23.0%) @ $20.00/LF Amount $ 35,720.00 (+322.4%) $ 46,080.00 (+414.4%) $ 5,432.00 (+ 25.6%) $ 3,685.00 (+20.9%) $10,725.00 (+27.1%) $ 5,760.00 (+ 23.0%) For the v ork of this change, the Contractor will be paid at Contract Item price as agreed in accordance with Section 8.2 'Negotiated Change Orders' of the Contract General Conditions and with Section 3-2.2.3 `Agreed Price' of the Standard Specifications for Public Works Construction. This sum constitutes full compensation, including all markups, for this change. Increase .................. ................... $107,402.00 265 C:VEFFER-I%CONTRA-7ICCOOIO-l1CCO78.WPD 005 Sheet 3 of 4 CONTRACT: JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY 111 TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.18 ADJUSTMENT IN COMPENSATION AT AGREED LUMP SUM Item Description 86 Miscellaneous Irrigation System Removals (Sta.'s 10+00 to 195+16.20) 41.2% (0.412) @ 1LS 87 Miscellaneous Irrigation System Installations (Sta.'s 10+00 to 195+16.20) 27.1% (0.217) @ 1LS Furnish and install valves, and appurtenances into new irrigation systems (Sta.'s 10+00 to 195+16.20) that are not portions of Miscellaneous Irrigation Systems. Amount $18,540.00 (+41.2%) $ 54,200.00 (+ 21.1 %) $147,640.00 For the work of this change, the Contractor will be paid the lump sum of $220,380.00 as mutually agreed in accordance with Section 8.2 `Negotiated Change Orders' of the Contract General Conditions and Section 3-2.2.3 `Agreed Price' of the Standard Specifications for Public Works Construction. This sum constitutes full compensation, including all applicable markups, for this work. Increase ..................................................... $220,380.00 266 C:UEFFER-1 %CONTRA-1 TCON78-11CC018. W PD 006 Sheet 4 of 4 CONTRACT: JEFFERSON STREET IMPROVEMENTS PROJECT NO.99-05 HIGHWAY 111 TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO.18 r•>V#•+#•,t•.•r,t***i*,t*+t,t***,tfsY****,t*air««i*4,t+*,t8+rfi**«#*#i�*t«:star*r.i•r**,t,tr,trws#*�f ki#*w* It is mutually agreed there will be no adjustment in compensation for the increase in excess of 125% of the Engineer's Estimate for Items 80, 81, 82, 83, and 86. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $3279782.00 #k##kk#ik####i#k#4k#i#kk#k###ii##kkkk#lit##k##i#k#k###ik##ikkk#k#kkik##i#kii#iikiik#i#i##i#ik Previous Contract Amt. Through Change Order No. -17- $7,343,614.63 Add/Deduct this Change Order $ 327,782.00 Revised Contract Total $ 7,671,396.63 By reason of this contract change order the time of completion is adjusted as follows: Deferred Time rrrrrrr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr;trrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Submitted Approved (City of Indio) Date: Approved By: (City of L.Q.) **r*r*********+**+***rr******rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr We, the undersigned Contractor, have given cardki consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all nwertals, perform all labor, except as may be rated above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. 1 Accepted By: Title: _fXaNGU Contractor: Granite Construction Company Date: 4/let /o t zs; C:UEFFER-1=NT1Vk-11CC0s1a-nCW1awF0 " 0 Tit!t 4 4 4" COUNCIL/RDA MEETING DATE: June 5, 2001 AGENDA CATEGORY: Q BUSINESS SESSION: / CONSENT CALENDAR: ITEM TITLE: Consideration of Contract Change Order (CCO) STUDY SESSION: to Address Significant Increases in Quantities for the Reconstruction of Fiesta Drive, Project No. 98-19, Area C, PUBLIC HEARING: Westward Ho - Assessment District 2000-1 Approve Contract Change Order No. 5 increasing the construction contract quantities for work items associated with the reconstruction of Fiesta Drive within Project No. 98-19, Area C, Westward Ho Assessment District 2000-1, in the amount of $52,027. The following represents the project budget and funding sources: RDA Project Area No. 2 $1,482,560.00 CVWD $160,965.00 Assessment District 2000-1 $596,098.38 TOTAL FUNDING: $2,239,623.38 The following represents the anticipated costs of construction support activities: Project Design (Professional) $235,096.00 Construction Management/Inspection (Technical) $182,199.00 Administration: $1 17,548.00 Soft Cost Sub -Total $534,843.00 The following represents a summary of the project construction budget: Base Construction Contract Amount: $1,411,674 Contract Change Order Nos. 1-4 : $90,060 Contract Change Order No. 5 : $52,027 Revised Contract Total: $1,553,761 The estimated costs associated with CCO No. 5 will be funded with RDA Project Area 2 funds. As illustrated, adequate funding is available to support staff's recommendation268 T:\PWDEPT\COUNCI L0001 \010605h. wGE None. The project was bid and is being constructed utilizing prevailing wages. On June 20, 2000, the City Council awarded a contract to construct the Phase IV, Area C, Westward Ho - Assessment District 2000-1 Improvement project to Granite Construction Company in the amount of $1,41 1,674.00. The contract provides for 180 consecutive calendar days in which to perform all tasks listed within the bid documents. The original design for Fiesta Drive called for a 0.10' asphalt overlay. In analyzing the existing contours required for drainage on Fiesta Drive, it was determined that the road elevations for Fiesta Drive must be changed. This requires a full reconstruction of Fiesta Drive. This discrepancy is due to an engineering omission on the part of the design engineer and was discovered by the construction manager. Contract Change Order No. 5 (Attachment 1) provides for additional contract quantities necessary to re -construct Fiesta Drive. The alternatives available to the City Council include: 1 . Approve Contract Change Order 5 increasing the construction contract quantities for work items associated with the reconstruction of Fiesta Drive within Project No. 98-19, Area C, Westward Ho Assessment District 2000-1, in the amount of $52,027; or 2. Do not approve Contract Change Order 5 associated with the reconstruction of Fiesta Drive within Project No. 98-19, Area C, Westward Ho - Assessment District 2000-1; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 269 Attachments: 1. Contract Change Order No. 5 002- T:TW 0 En=U NO L0001 W10605n. wpa Sheet 1 of 1 CONTRACT: Street Improvements Assessment District No. 2000-1 PROJECT NO.98-19 Project No. 98-19 Phase VI -Area C CONTRACTOR: Granite Construction Co. Date: May 11, 2001 38000 Monroe St. Indio, CA 92203 CONTRACT CHANGE ORDER NO. 5 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE FIESTA DRIVE Revise structural section of Fiesta Drive from the overlay shown on plan (Street Improvement Plans, Sheet No.'s 1 I and 12 of 19) to construct 3" AC over 4" AB. Payment for this change shall be per bid item unit cost, estimated as follows: Length: Station 11+00 to 24+00 = 1300 feet Width: 28 feet Area: 1300' x 28' = 36,400 sq. ft. . Bid Item No. 5, Unclassified Excavation add 1,323 cy or $7,941.00 Bid Item No. 16, Remove Existing Pavement, $0.40 sf 36,400 sf it $0.40 sf= $14,560.00 Bid Item No. 7, Crushed Aggregate Base, $12.00 ton 36,400 sf 110.33 ft x 137 lb/cf x 1 ton2000 lb x $12.00 ton = $9,376.00 Bid Item No. 6, Asphalt Concrete, $30.00 ton , 36,400 sf x 0.25 ft x 144 Iblef x I ton20001b x $30.00 ton = $19,650.00 TOTAL INCREASE: $52,027.00 Previous Contract Amount Through Change Order No. 4 $ 1,501,734.00 Add This Change Order $ 52,027.00 RevisedConttactTotal$ 1,553,761.00 By reason of this contract change order the time of completion is adjusted as follows: Two (2) days added to contract time. Submitted By: Approved By: #*#**+####s+**#***#*##*###*#*sssss*#*+*#**##*##ss*#*s*ssss****ss#sssssss**ssss*#***s++***s We, the undersigned Contractor, have given careful consideradon to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, andperform all services necessaryto complete the above specified work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: 2;n Contractor. Granite Construction Co. Date: 004 May 18, 2001 Berg & Associates Public Works Construction Management 78-109 Avenue 52 La Quinta, California 92253 Attn: Tom Berg, P.E. Senior Construction Manager Re: City of La Quinta Assessment District 2000-I Phase VI Area "C" Improvements Project No. 98-19 GCC 225517.194 Subject: Fiesta Drive CCO # 5 CP 4194 Gentlemen: GRMTE cnnmuman EOMPAng S 922E ............. 8 t00Z T Q dbW ?65) T l� In response to your letter. dated 5111 01. regarding proposed CCO#5 changes to Fiesta Drive, we must advise you of the following additional costs associated with this change. We -require extra compensation, in addition to the bid item increases, as follows: Unclassified Excavation — Bid Item 5 (a final pay quantity) will have to be adjusted. It is a changed condition from the original contract documents (see the attached breakdown of roadway excavation items associated with the additional cost). Therefore. Granite Construction Company requests an additional $7941 at an agreed lump sum, to CCO95 for unclassified excavation. Also. pleased be advised that if the resultant bid items under -run or over -run by more than 25% as compared to the Contract Document quantities, price adjustments per specifications may be needed. Finally, we request the contract time adjustment statement to allow a deferred time period. The actual extra time spent to compete this extra work can be mutually agreed to upon completion. Sincerelv, _ GRANITE CONSTRUCTIONCOMPANY c s Al Lr-lLr7 / I Jenni Westphal Project Engineer cc: John Douglas it cc: Mike Wills TIN zQ TC&7 g 27t Southern California Branch (� 1 Indio,CA92203 Monroe f 0 l l 5 Phone 760/775-7500 FAX 760/775-8227 ; Z�l 7 a 77 I> 7 -- MAY 2 1 2001 lu \_-_��, BY: -------------------- C No o �72 U) < "M :77 MAY BY 71 z 273 07 BUSINESS SESSION ITEM: ho ORDINANCE NO. 357 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM TOURIST COMMERCIAL TO A MEDIUM DENSITY RESIDENTIAL DESIGNATION CASE NO.: CHANGE OF ZONE 2001-099 APPLICANT: PUERTA AZUL, L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did on the 15"' day of May, 2001, hold a duly -noticed Public Hearing to consider the request of Puerta Azul Partners, L. L.C. for a Zone Change to the City of La Quinta Zoning Map designated as Tourist Commercial (TC) and to replace it with a Medium Density Residential (RMH) designation; as shown on Exhibit "A", and more particularly described as: A.P.N. 761- 090-008 ; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 20' day of April, 2001, hold a duly -noticed Public Hearing and to consider the request of Puerta Azul Partners, L. L.C. for a Zone Change. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify the approval of said Zone Change. 1. This Zone Change is consistent the General Plan being amended, in that the Zone Change categories proposed are consistent with the goals, objectives, and policies in the General Plan. 2. The Zone Change is suitable and appropriate for the property involved because it is an extension of the existing residential development. 3. The Zone Change is compatible with standards in the proposed Specific Plan 2001-053. SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this Ordinance. 274 Ordinance No. 357 Change of Zone 2000-099 May 15, 2001 Page 2 SECTION 2. ENVIRONMENTAL. Said Zoning Change request determination that no significant environmental impacts which cannot be mitigated will result from this project. Therefore, no further Environmental Assessment is necessary pursuant to Public Resources code 15162 from the Guidelines for Implementation for the California Environmental Quality Act. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. 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: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) JOHN J. PENA, Mayor City of La Quinta, California 2i5 Ordinance No. 357 Change of Zone 2000-099 May 15, 2001 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 2176 MO ROE STREET d J W W m Ix La > Lap. > > a a a L MADISON ST. z W J a JEFFERSON ST. z o z N W O � _ Q z U o O � J � W H U W o —� O J Q p. Q a m W 2 p m O o W o U o V Q o N cn ? . A iC N 0 (L Q Of 2\7 EXHIBIT "A" COUNCILIRDA MEETING DATE: June 5, 2001 ITEM TI1LE; Discussion of Options for Future Use of City -Owned Facility at 51-351 Avenida Bermudas and Discussion of Mainstreet Marketplace Events RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None or as deemed appropriate by the City Council. CHARTER CITY IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." Any direction given by the City Council to encourage, support and promote economic development will be consistent with La Quinta's Charter. BACKGROUND AND OVERVIEW: At the May 15, 2001 City Council meeting, the Council discussed an item, under Mayor and Council Members' Items, regarding a Village Promotion and Economic Development Office." In essence, the Council's discussion centered around two topics: 1) future use of the City -owned facility at 51-351 Avenida Bermudas, and 2) the nature and number of Mainstreet Marketplace events for the upcoming fiscal year. The Council directed staff to bring the items back as a study session for purposes of further discussion. City -Owned Facility In a letter dated May 21, 2001, the President of the La Quinta Chamber of Commerce officially notified the City that the Chamber will be operating out of their Highway 1 1 1 location only, and will not be renewing their lease agreement with the City for use of the City -owned facility in The Village (Attachment 1). The 278 Chamber had been leasing the building from the City since 1989 and, in recent years, sublet most of the building to the La Quinta Arts Association, who used it as an art gallery. Both the Chamber and the Arts Association have vacated the premises, and the building is currently unoccupied. The City of La Quinta purchased the property at 51-351 Avenida Bermudas in 1989 for $70,000. It was purchased as a single-family residence and converted into an office during the same year of purchase (in conjunction with the approval of the Chamber's use of the property). The building size is approximately 1,000 square feet with a lot size of 10,454 square feet. The facility's features include two large rooms, two small rooms, one bathroom, a kitchenette, a carport, storage sheds, and an ample backyard and sideyard (Attachment 2). Its current zoning is "Major Community Facilities" which allows for uses such as: offices, hospitals, restaurants, health clubs, libraries, museums, lodges, and childcare facilities. These and numerous other uses are allowed on the premises with the proper permits (e.g., conditional, minor, temporary). Attachment 3 provides a full list of the permitted uses, as specified in the La Quinta Charter and Municipal Code. During the Council's discussion on May 15, 2001, there seemed to be general consensus that the City -owned facility offers a unique opportunity in The Village and should be utilized for a worthwhile cause. Ideas that have surfaced regarding future use of the building include: Village promotion and economic development office Public parking lot Community policing station City store Youth center Government use (e.g., City staff facility) Lease to post office Lease to private company (for office use) Staff is seeking the Council's direction on the most desirable and appropriate uses for the building. If the Council wishes to select one or two options for further analysis, staff will explore those options and report back at a later date. Mainstreet Marketplace Events Mainstreet Marketplace events are presently organized by the Chamber of Commerce as part of their contract services agreement with the City. The Chamber organizes a total of six events annually. The events are held on the first Friday of each month starting in October, continuing every month except January, and ending in April. The events had been taking place on Calle Estado until construction began in The Village this past year. The venue then changed to the Ralph's parking lot (two events) and Fritz Burns Park (four events). 279 002 The Chamber's current contract has approximately $30,000 available for Mainstreet ($5,000 for each event). However, the Chamber has advised that each Mainstreet Marketplace event is actually costing an estimated $7,500. If the Chamber were to continue organizing six events annually, they have indicated that $45,000 would need to be included in their contract for Mainstreet Marketplace events. Accordingly, four events would require an amount of $30,000 (these amounts do not reflect the Chamber's contract amount in its entirety, only the amounts for Mainstreet). Chamber staff has reported that the Chamber Board has voted in support of having four events in FY 2001-02. During the Mainstreet Marketplace discussion on May 15, 2001, the Council considered the possibility of changing the nature of the events. The Council felt that the new and improved "Village" would provide a more festive atmosphere and, therefore, may lend itself to more festival -like events. The following were discussed as alternative Village events: Four events (one in conjunction with The Village grand opening) Three Village Festivals (fall, winter, spring) Two Street Festivals (Winter/Holiday/Tree-lighting and Birthday/Community Picnic/Fair) Some of the issues discussed regarding the events involved vendor commitments, event costs, benefits to the business community as a whole, and the long-term involvement of the Chamber. Staff is seeking Council direction on the type of events (e.g., festival, streetfair) that should be planned, and number of events that should be scheduled annually. The matter is before the Council for consideration. Respectfully submitted, Mar' Casillas, Ma egement Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from Chamber (May 21, 2001) 2. City -Owned Facility Diagram 3. List of Permitted Uses 280 11 I Attachment 1 May 21, 2001 Mr. Thomas Genovese City Manger City of La Quinta P.O. Box 1504 La Quinta, Ca 92253 Dear Tom, On behalf of the La Quinta Chamber of Commerce Board of Directors, I would like to express our sincere thanks to the City of La Quinta for the generous use of the Bermudas property in La Quinta Village. In reviewing our present facilities, the Board has made a decision to continue to operate at the Highway 111 location at this time. We will not be renewing our lease agreement for the Bermudas building. for your continued support of the La Quinta Chamber of Commerce. Shelly Morris President 281 La Quinta Chamber of Commerce: 78-371 Highway 111 La Quinta, CA 92253 Phone: 760-564-3199 Fax 760-564-3111 N�a�..laquinta�hambeaN�ommer� e.com 005 T Attachment 2 Z T F—jj:� Q� I J i Q0 O a x H a m � O O O w w a J U' W oc a W J Z W x Y y w U Z Z w 282 y M Attachment 3 L B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the community development director or the planning commission determines that such use is within one of the permitted use categories listed preceding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses in Nonresidential Districts a�1 " y P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community M Minor use T = Temporary permit X = Prohibited use - Commercial Park Commercial Commercial Commercial Commerdal Facilities Land Use CR CP CC CN CT CO MC Retail Uses Retail stores under 10,000 sq. ft. floor P A p P A A X area per business Retail stores', 10,000-50,000 sq. ft. floor area P X P P X X X Retail stores', ova 50,000 sq. ft floor area C X C X X X X Food, liquor and convenience stores under 10,000 sq. ft floor area, open less than 18 P A P P A A X hours/day' Food, liquor and convenience stores under 10,000 sq. R floor area, open 18 or more C X C C C X X hourslday2 Plant nurseries and garden supply stores, with an propagation of plants on the C X C C X X X premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without p P P X X X X substantial on -site inventory General Services Barbershops, beauty, nail and tanning P A P P P A X salons and similar uses Miscellaneous services such as travel services, photo developing, videotape P A P P P A X remals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners, except P X P P P X X central cleaning plants Printing, blueprinting and copy services P P P P P P X Pet grooming —without overnight P X P P P X X boarding Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices —physicians, dentists, optometrists, chiropractors and similar P X P P P P X practitioners Medical centers/clinics—four or more P X P C X P X offices in one building Surgicenters/MediW clinics P X P C X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C Veterinary canics/animal hospitals and pet C C C C X X X boarding (indoor only) ' Other than convenience stores. Items sold may include clothing, groceries, mea4 drugs, jewelry, sundries, office supplies, pen, fumiture, appliances, hardware, building materials (except lumber yards), and similar retail items. With no consumption of alcohol on the premises. • ON (tier Quin 3-") 276 007 taaT A Table 9.5 Permitted Uses in Nonresidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community M = Mmor use pelt _ T — Temporary use permit X Prohibited use Commercial i Commercaarommercial l P k C Commercial Commercial Commercial Land Use CR CP CC CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, other than drive -through P A P P P A A Restaurants, drive -through P A P X P A X Restaurants, counter takeout with ancillary seating, such as yoghurt, ice P P P P P P A cream, puny shops and similar Bars, taverns and cocktail lounges C C C X C C X Dancing or live entertainment as a C X C X C X X principal use Dancing or live entertainment as an A X C C C C X accessory use Theaters, five or motion picture C X C X C X X Recreation Uses Bowling, pool or billiard canters as a C X C X C X X principal use Pool or billiard tables as accessory use (3 A A A A A A X tables or less) Game machines, 11 or more (u either a C X C C C X X principal or accessory use) Game machines as an accessory me, 10 or A A A A A A X fewer machines Golf courses and country clubs (see GC X A X X C A X district permitted uses, Chapter 9.120) Tennis clubs or complexes C A C X X A C Health clubs, martial arts studios, and dance studios, 5000 sq. fc floor area or M M M M M M A less Health clubs, martial arts studios, and C C C C C C X dance studios, over 5000 sq. ft floor area Libraries P X P C P P P Museum or gallery displaying sculpture, artwork or rafts, including schools for P P P P P P P above Parks, unlighted playfields and open space P P P P P P P Lighted playfields X X X X X X C Bicycle, equestrian and hiking trails P P P P P P P Indoor pistol or rifle ranges X C X X X X X Miniature golUreereation centers C X X X C X X Assembly Uses _ Lodges, union halls, social clubs and C C C C X X C senior citizen centers Churches, temples and other places of C C C C X C X worship Mortuaries and funeral homes C C C X X X X Public and Semipublic uses Fire stations P P P P X P P Goverment offices and police stations P P P P P P P Communication towers and equipment. C C C C C C C subject to Chapter 9.170 Electrical substations M M M X I X X M 9 277 (lam Quinta 3-99) ' 1 a 7h Ak U �3 Table 9-5 Permitted Uses in Nonresidential Districts (Coutinucd) P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Park Community Neighborhood Tourist Office Major Community M = Minor use permit T = Temporary use permit X = Prohibited use Commercial Commercial Commercial Commercial Commercial Facilities Land Use CR CP CC CN CT CO MC Water wells and pumping stations M M M X X X M Reservoirs and water tanks X X X X X X M Public flood control facilities and devices P P P P P P P Colleges and universities C X X X X X C Vocational schools, e.g., barber, beauty C C C X X C C and similar Private elementary, intermediate and high C C C C C C C schools Private swim schools C C C X C X C Train, bus and taxi stations C X C X C X C Helicopter pads X X X X C X C Public or private kennels and anuml shelters (with indoor or outdoor pet X C X X X X C boarding) Golf course and country clubs (see GC C A C X C A P district permitted uses, Chapter 9.120) Driving range unlighted P A C X P A P Tends clubs or complexes C A C X C A C Health clubs, martial arts studios, and dance studios, 5000 sq. fc floor area or P P P P P P A less Residential, Lodging and Child Care Uses Townhouse and multifamily dwellings as a C. X X X X X X primary use Residential as an accessory use, e.g., C C C C C C C caretaker residences per Section 9.100.160 Child day care facilities, centers and preschools as a principal use, subject to C C C C X C C Section 9.100.250 (also see Accessory Uses) Senior group housing, subject to Section C X X X X X X 9.100.260 Rooming and boarding houses C X X X X X X Single room occupancy (SRO) hotels, C X X X X X X subject to Section 9.100.270 Emergency shelters P P P P P P P Transitional shelters for homeless persons C X X X X X C or victims of domestic abuse Single family residential S X X X X X X Mixed -use projects: residential and S X X X X X X office/commercial RV rental parks and ownership/ C X X X C X X membership parks Resort residential S X S X S X X Hotels and motels C X C X C X X Timeshare facilities, subject to Section C X C X C X X 9.60.290 Caretaker residences M M M M M M M Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) 28) (la Quinn 3-99) 278 009 F il Table 9-5 Permitted Uses in Nourctidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit 611 tonal Commercial Community Neighborhood Tourist Office Major Community M = Minor use permit T = Temporary use permit X Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Automobile service stations, with or C C C C X X X without minimart Car Washes C C C X X X X Auto body repair and painting; X C X X X X X transmission repair • If pan of a mixed use project per Section 9.80.020 or 9.80.030 Auto repair specialty shops, providing minor auto maintenance: Cue sales/service, muffler, bake, lube and tune-up C C C X X X X services —not including major engine or drivetain repair Auto and motorcycle sales and rentals C C X X X X X Used vehicle sales, not associated with a X C X X X X X new vehicle sales facility Tack, recreation vehicle and bat sales C C X X X X X Auto parts stores, with no repair or pans P P P C X X X installation on the premises Auto or truck storage yards, not including X C X X X X X dismantling Private parking bts/g ges as a pnudpal C C C X C C X use subject to Chapter 9.150, Parking Warehousing and Heavy Commercial Uses (Subject to Section 9.100.120, Outdoor storage and display) Wholesaling/distributiou caters, with no C P X X X X X sales to consumers General warehouses, with no sales to C P X X X X X consumers Mini -storage warehouses X P X X X X X Lumber yards, outdoor (sce retail stores X C X X X X X for indoor lumber sales) Pat control services C C X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar C C X X X X C equipment(storage yards Central cleaning or laundry plants C C C X X X X- Communiation or relay facilities/antennas C C C C C C C as primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth,.fiber, fur, glass, X P X X X X X lather, stone, paper (except milling), plastics, metal, and wood Research and development P P X X X X X Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except sandblasting P P X X X X X Sign making, including sandblasting X P X X X X X Recycling centers as a primary use, collection and sating only, subject w X C X X X X C Section 9.100.190 2 8 A 279 (its Quinta 3.99) 010 rV, ry Table 9-5 Permitted Uses in Nonresidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit M = Minor use permit T = Temporary use permit Regional Commercial Community ty erBhbor N ' hood Tourist Office Major X =Prohibited use Commercial Park Commercial Commercial Commercial Commercial Co_ Facilities Land Use CR CP CC CN CT CO MC Off -site hazardous waste facilities, subject X C X X X X X to Section 9.100.230 Accessory Uses and Structures - Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject M M M M M M M to Section 9.100.100 Swimming pools as an accessory use M M M j X A M A Golf or tennis facilities as an accessory use M M M X A M A Signs, subject to Chapter 9.160 A A A A A A A • Fences and walls, subject to Section A A A A A A A 9.100.030 Antennas and satellite dishes, subject to A A A A A A A Section 9.100.070 Reverse vending machines subject to A A A A X X A Section 9.100.190 Recycling dropoff bins, subject to Section M A M M X X A 9100190 Incidental products or services for employees or businesses, such as child A A A A A A A day care, cafeterias and business support uses Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the A A A A A A A premises and are consistent with the purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, subject to Section T T T T X X T 9.100.080 Halloween pumpkin sales, subject to T T T T X X T Section 9.100.090 Stands selling fresh produce in season, T T T T X X T subject to Section 9.100.100 Sidewalk sales, subject to Section T T T T T T X 9.100.130 Temporary outdoor events, subject to T T T T T T T Section 9.100.140 Construction and guard offices, subject to T T Section 9.100.170 T T T T T Use of relocatable building, subject to T T T T T T T Section 9.100.180 Other Uses Fortunete0ing and palmistry C X C X X X X Sexually oriented businesses, subject to C X X X X X X Section 9.110.080* Other uses not listed in this table Per Section 9.20.040, director of planning commission to determine whether use is permitted Property most also be located within the SOB (sexually oriented business) overlay district. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) p � tJ (la Quinn 3.99) FM Oil /Z/ BOYS & GIRLS CLUB OF COACHELLA VALLEY Boys & Girls Club June 5, 2001 of Coachella Valley 42-600 Cook Street Suite 120 Palm Desert, CA 92211 760 836.1160 Mayor John Pena and City Council 760 776-9111 FAX 78-495 Calle Tampico e-mail jducatte@becofcv.org La Quinta, CA 92253 www.becofcv.org Dear Mayor Pena and Council, CLUB BOARD OF DiRw uvaRs In today's study session the Council will be discussing the options for future Carolyn Anderson use of the City -owned facility located at 51-351 Avenida Bermudas in La EdBaker rson Quinta. Larry Blackerby Betty Case Larry Chank The Boys & Girls Club of Coachella Valley recently began an effort toward Mike DeGasperin opening a Resale Shop by leasing a small warehouse. Our idea is to start small David J. Erwin Jon FitzHenry and keep our overhead costs to a minimum. Please see a copy of our brochure Bob Frame for more information on the Resale Shop. Tom Freeman Brian S. Harnik, Esq. Gina Leslie We are interested in locating a Resale Shop that is affordable while we Dick McClung establish our program, and y d hbecome aware of the availability of this Dennis A. Montgomery h Beverly Moontgomery facility on Avenida Bermudas which is owned by the City of La Quinta. Lucia Moran Would the City be willing to lease this property to the Boys & Girls Club of Richard B. Nelson Mark Nickerson Coachella Valley for one year for $1.00 or an affordable price? Larry Payton Hendrick Santos The proceeds from our Resale Shop will be directed to the maintenance and Lee F. s Simons Mark D. Simon care of our facilities, and we are anticipating starting a program to train our Judy Vossler Mikolder members in retail sales as well. Leo Way Leo Wyler Doug Yavanian Thank you for your consideration of our request and I would be pleased to FOUNDATION discuss our program with you further. BOARD OF TRUSTEES David J. Erwin Sincerely, John Foster Joan Frame La,tte Tony Can za Al McCandless Dick McClung Dennis A. Modrich Mark Nickerson Executive Director Les Peterson Ronnie Richardson Don Roberts, Sr. JD:mu Mark D. Simon Leo Wyler The POSitiVe Place For Kids Q A United Way Agency N Y Boys & Girls Club of Coachella Valley 42-600 Cook Street, Suite 120 Palm Desert, California 92211 m n , /� V � 77 d 0 MCL. a > a p ; E g o c v N o zi c i N= 9 a t E c �v 3 0 o v 3 0 L[ v o ° p y= ry • N 7 = w M >U C n F N O N T • W �O J ti Ecary v O NU1 uEo N > E ELry 0 ' tT u-ES E O a0 ,aN O O N :v m CM L7O -0 • O N N 0 C Q T O' O ti a 3 fr L� 289 C p�ry�Q ? Q. �O y� ; L v 61 3 ti L EE z / oa j v o N E Y c(U o m 3 o y C a 7 L 5° o C v ti o f co o� L o v a m O C O N ti 7zo ry C ary., E ry g' :a o a _V 0 .. v O1 Y j i0 3 v C 0 N V N a ° �G C F V > �G 5 C 10 u O. 3 m v O OJ E O 'A m c _ y 7 N 7 V L O N H 'C o 3 O O O L O 0 o w v Y 0- c i7 U v ti m M E o 9 °, 5 T c % L O. O1 C C1 G i$ N C E a � v u o m V Y v C O E& O 'O O N J 3 HLL ti 3 V Q _ L - V H V C 'M 4, L `i d Oa. O C N v 44 ° a a b c o v o E c ti> L R V ._ a L O (O a ,� O a3 v 0 v ti i o -3 '0 o`vU c 4, . E , O v « N N �. O L- o f 7 01 C °O 4, = rry 0 O L C 0 cn O, ry ti L A J J c C « O N 0 1 C aL, m j T U m ti ° a C vi O „' C = 0 u 7 0 '� O O Y -0 O O O C H 7 C O M U O Y h v C a ry ti O O v� o aE E v c E 3 v C o. 3-0 O Tm i 7 c >> g c v a a u a, c0 C o a C ry v u o E 0 v E c a,g a, �> E No 3 ry v o ti E oO L E > ° L 7 s v ° 8 Q o O « O 0 a J w ,T_+` v O > � `o 0 x 0 rn °_ o E 3 v o r v t > n C° v 9 L° E t 'ti �° o ��� �, ti v-0 o v v1 v 0 v M 0 3 v> o 0 ry v C wIz -0 a a£ a C v m« v o v �G L v7i H 7 Ti 3 ; v ,G n >, > v C o o E g o w a L �` 3 0 o 0 v m `u ° ° a`, v 0)> 0 3 v o w 3 d 1 - v rn o o a 7o c£> 3 r 70 z c REPORT/INFORMATIONAL ITEM: 40 INVESTMENT ADVISORY BOARD Meeting April 11, 2001 Wt1 RWOX41V 014 i Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Osborne followed by the Pledge of Allegiance. PRESENT: Board Members Osborne, Mahfoud (5:35), Lewis, Irwin, Olander, Moulin, Felice(5:45) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA -In response to Chairman Osborne, Mr. Falconer requested that the following items be considered in confirming the agenda: 1) T-Bill/Commercial Worksheet be added to the Month End Cash Report for March 2001; 2)Board Member Irwin had several interest rate charts that were distributed and will be discussed under Board Member comments and 3) move Page 011 which is the Wells Fargo Money Market Treasury Account Report from the Month End Cash Report to Consideration of the Investment Policies. IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on March 21, 2001 of the Investment Advisory Board. 1 291 Board Member Moulin noted that on Page 8 that the reference "Mr Moulin and Mr. Mahfoud addressed Mr. Mahfoud" be changed to "Mr. Moulin and Mr. Irwin addressed Mr. Mahfoud". MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes, as amended, of March 21, 2001. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for February 2001 Board Member Moulin commented that he was not aware that the University of California issued taxable Commercial Paper. Board Member Irwin and Lewis stated that they had seen these institutions issue this type of paper from time to time. Board Member Lewis stated that he had invested in this type of investment when he was at the bank. In response to Chairman Osborne, Mr. Falconer reported that the LAIF RDA Account was established when the City invested most of its funds at LAIF. The City has two LAIF accounts - City and RDA. At that time the maximum allowable amount per LAIF was $10 million. The current maximum allowable amount is $30 million. The City pools its cash so the cash in the LAIF account is not designated for the RDA. The RDA cash is maintained through the accounting records. In response to Board Member Lewis, Mr. Falconer stated that with the 15% limitation placed on LAIF, only one LAIF account is needed and that, if the Board believed that the RDA account should be closed, then the matter could be taken to the City Council. Board Member Lewis did not believe the account should be closed and there was no further discussion from the Board on closing the RDA LAIF account. In response to Chairman Osborne, Mr. Falconer stated that on Page 5 of the Treasurers Report, the projected cash balances are adequate to fund Capital Projects. The anticipated revenues are exceeding budget projections and expenditures are within the budget. In response to Board Member Lewis, Mr. Falconer stated that the increase of $10 million from last year consisted of $2.6 million in bond proceeds with the balance from increased revenue. In response to Board Member Mahfoud, Mr. Falconer responded that the purchase of Commercial Paper is reported ►P 29'2 Investment Advisory Board Minutes April 11, 2001 at face value and the difference between this amount and the cash paid is reported as a discount. The discount is then amortized over the life of the investment and the interest income is recognized. MOTION - It was moved by Board Members Lewis/Irwin to review, receive and file the Treasurers Reports for February 2001. Motion carried unanimously. B. Consideration of Fiscal Year 2001 /02 Investment Policies In response to Chairman Osborne, Mr. Falconer responded that the highlighted changes on Pages 001 through 003 represented the Legislative changes discussed at the prior meeting and that the City's money market account Page (013) has a next day sweep option. Staff is recommending a money market same day sweep option from the Money Market funds listed on Page (009). Mr. Falconer stated that, based upon the review of the fund performances on Page (009), Staff recommends the City select the Treasury Money Market Fund. In response to Board Member Moulin's question about the Wells Fargo Treasury Money Market Funds use of Re -Purchase agreements backed by Treasury Bonds , Mr. Falconer stated that most Treasury Money Market Funds, which are professional managed, use Re -Purchase Agreements. Board Member Moulin stated that the other available Treasury Fund - Dreyfus Treasury Prime Cash Management Account did not appear to have Re -Purchase Agreements. Board Member Irwin and Moulin discussed the earnings rates between the Wells Fargo Treasury Money Market Fund and the Dreyfus Treasury Cash Fund and noted that up until February 2001 the Wells Fargo Fund had outperformed the Dreyfus Fund. In response to chairman Osborne, Mr. Falconer stated that the Treasury Money Market Sweep Account would be categorized as a money market mutual fund subject to the 20% Investment Policy limitation. Board Member Mahfoud reviewed the interest rates and noted that they were less than the industry and is the City giving up too much yield. 3 291 Investment Advisory Board Minutes April 11, 2001 Board Member Moulin stated that Staff is proposing a change in the Mutual Fund from a next day to same day sweep and not proposing a change from a Treasury Sweep. In response to Board Member Lewis, Mr. Falconer stated that the earnings rates listed on Page 009 and 010 for balances less than $100,000 and balances from $100,000 to $1 million depending on the cash needs in the account. Mr. Falconer stated on average $100,000 would be on hand. Board Member Lewis stated that the rate over $100,000 to $1 million was 100 basis points higher and suggested keeping the balance just over $100,000. Board Member Moulin stated that of the funds listed on Page 009, the City currently could only invest in Treasury or GSE Funds and that the Commercial Paper option is limited to four issuers. Mr. Falconer responded that the General Mills and Weyerhaeuser Real Estate Company Commercial Paper would not qualify with a Moody's P-2 rating. Board Member Lewis stated that the difference in yield did not justify a change and noted that the Wells Fargo Treasury Money Market was rated AAA by S&P and the Dreyfus was not rated. Board Member Irwin stated that regardless of the balance in the money market account the yield is at a retail rate. He suggested keeping the balances as small as possible and investing in other products that pay a wholesale rate. In response to Chairman Osborne, Mr. Falconer stated that LAIF had been used in the past to transfer funds from the Sweep Account to LAIF; however, currently the LAIF balances have been kept at a fixed amount with Staff using Commercial Paper instead. Chairman Osborne stated LAIF is a 100% higher than the Sweep and Commercial Paper. In response to Chairman Osborne, Mr. Falconer asked to return at the next Board Meeting with information on the Wells Fargo and Dreyfus Treasury Money Market Funds and in response to Board Member Irwin inquire as to the reasons for the yield differences for balances under and over $100,000. Chairman Osborne opened the discussion on GSE's and Board Member Irwin suggested that each of the Board Members who were not in attendance at the last meeting share their thoughts on GSE's. Board Member Olander stated that he was uncomfortable with them as an investment because of their political economic power. Board Member Felice stated that she foresees an economic downturn and that 4 294 Investment Advisory Board Minutes April 11, 2001 institutions will be more creative in how they raise capital; furthermore, she also sees the GSE's as impacting more traditional institutions. Board Member Olander believed that the GSE's were a government sponsored monopoly, with Congress being the only agency that can control them. Board Member Olander and Felice believed that the GSE's were becoming too politically active. Board Member Olander believed that with the technology they possess will control 80 to 90% of the mortgage market. Chairman Osborne stated that the political motivation may be coming from the big banks and how they feel GSE's have an unfair advantage in the capital markets. Chairman Osborne continued that he was interested in how these issues affected the 75% limitation on GSE's in the City of La Quinta Investment Policy. Chairman Osborne asked if the concern raised applied to all of the GSEs or to a particular GSE. Board Member Moulin believed that the publicly held GSE's were a better investment (FNMA, Freddie MAC and Sallie Mae) because they are regulated and under investor scrutiny. Board Member Moulin believed that non -publicly regulated GSE's (Farm Credit and FHLB) were not as creditworthy. Board Member Moulin mentioned that the upcoming California Municipal Treasurer's Association meeting at the end of April will have a session on GSE's with representatives present to answer questions. In response to Chairman Osborne, Mr. Falconer stated that the current investment policy does not have a dollar limitation. The investment portfolio may not consist of more than 75% of GSE's and that no more than 25% of the portfolio may be with any one issuer. Since the discussions last fall, Staff has limited the investment in any one GSE to $5 million. Board Member Irwin stated that he views the GSE's - FNMA and Freddie MAC which are rated AAA and AA and the well known Commercial Paper issuers which are rated Al /P1 as similar credit risks; however, the Investment Policy limits Commercial Paper to $2 million per issuer and GSE's to 25% of the portfolio. Board Member Irwin believed that FNMA and Freddie MAC's should be limited to $2 million. In response to Chairman Osborne, Board Member Irwin stated that he could not tell if the similar credit risks translated into similar rates of return. Chairman 5 295 Investment Advisory Board Minutes April 11, 2001 Osborne stated that he noticed similar rates of return in reviewing the sweep account yields. Board Member Mahfoud stated that he did not see these investments - Commercial Paper and GSE's as similar credit risks and in terms of the rating agency's ratings because of the line of credit available to the GSE's from the Federal Government. Board Member Irwin stated that the line of credit is small ($9 billion) as compared to the total GSE indebtedness of $1 .8 trillion. Board Member Lewis stated that the Government would not let a big bank or GSE fail because of the political and economic repercussions to the nation, its customers and its stockholders; however, the Government would let a small bank fail. Board Member Irwin stated that the Government allowed Continental Illinois to fail and to go into bankruptcy with the shareholders incurring a loss. Board Member Lewis agreed that the shareholders should take the loss, but the depositors didn't take a loss. Board member Olander stated that the Government worked behind the scenes to help Continental Illinois but did not take official action. Board Member Olander stated that the Government allowed sister banks to extend loans to Continental Illinois to shore up its cash position. Board Member Moulin stated that the FDIC may protect the investor's principal; however, it may not pay for lost interest earnings and may delay the disbursement of the principal to the investor for years. Chairman Osborne stated that he believed that ten years ago the Government helped the Farm Credit Agency. Board Member Moulin stated that while he did not follow Farm Credit it illustrated how political the decision was to help the farmers. Board Member Moulin stated that Congressman Baker is asking the question whether or not the GSE's are becoming too large to support and CitiBank and GE Capital have filed a complaint alleging that these institutions are now becoming too large and powerful. Board Member Irwin stated that in the case of a failing bank the government would have more political pressure to step in with a bailout while in the case of GSE's, their customers are institutions that do not vote. Board Members Lewis and Olander stated that the government would help out the institutions because of the social ramifications. Board member Irwin stated that he had difficulties making the investment on political grounds. Chairman Osborne stated that the investment should be made on its fundamentals. Board Member Mahfoud stated that he was not opposed to lowering the percentage of GSE's from 75% as long as it was not based on comparing the ratings of Commercial Paper to GSE's, or on political reasons; the major reason for a change would be 6 29F Investment Advisory Board Minutes April 11, 2001 if Congress eliminated the letter of credit guarantee and the implicit support of GSE's. Board Member Moulin stated that discussions are taking place to change the regulatory agency responsible for oversight from Housing and Urban Development (HUD) to a more objective Federal Reserve Board. In response to Chairman Osborne, Mr. Falconer stated Staff has placed a two year and $5 million per agency limitation, with Staff investing up to two years and most recently 3 months based upon the yield curve. Mr. Falconer stated that it was more difficult complying with a percentage figure because the size of the portfolio fluctuates and would like the Board to consider a dollar limitation. Chairman Osborne stated that he was in support of a $5 million limitation per issuer based upon Staff's past practices. Board Member Irwin stated that he was in support of a $3 to $5 million limitation per issuer. In response to Board Member Moulin's question whether there were differences in the issuers, Board Member Olander stated that he saw a difference in the GSE's that have to report to shareholders. Board Member Moulin was in support of a larger dollar limitation for publicly traded GSE's. Board Member Irwin was in support of a larger amount for FNMA and Freddie Mac; but was not as knowledgeable with Sallie Mae. In response to Chairman Osborne, Mr. Falconer stated that the City has investments in Sallie Mae. Board Member Irwin stated that student loans have a high default rate. Board Irwin stated that GNMA's should be classified as U.S. Treasuries. Board Member Mahfoud stated that he has updated information regarding Congressman's Baker bill regarding GSE's - the GSE's have a line of credit with the US Treasury between $ 2.2 billion and $4 billion per issuer that has not been touched, the markets perception is that the US Government will guarantee this debt and thus result in lower borrowing costs to the GSE's and ultimately to the home buyer. The competition to the GSE's are other mortgage lenders and banks who have formed a coalition called FN Watch who are lobbying Congress and supporting Congressman Baker's bill. Mr. Falconer made copies for the Board of Board Member's Mahfoud information and with the Chairman and Board's approval included the information under the Board Members Information Section of the Agenda. The Board was in recess until all copies were distributed to the Board. In reviewing the information Board Member Lewis stated that it was unusual for Chairman Greenspan to comment on 7 297 Investment Advisory Board April 11, 2001 Minutes how well run the GSE's were. In response to Chairman Osborne, Mr. Falconer stated that it would be practical for the next year to place dollar limitations on the GSE issuers but that with the portfolio growing the percentage limitations on Treasuries may have to be addressed. Mr. Falconer stated that he was less comfortable with Commercial Paper, more comfortable with GSE's and very comfortable with Treasury Investments. Chairman Osborne stated that with the direction of the GSE discussions we would limit the GSE investments to $20 million with the $50 -$60 million invested in other types of investments. In response to Board Member Moulin, Mr. Falconer stated that he would not be comfortable with more than $5 million or less than $2 million per GSE issuer. Mr. Falconer stated that he understood the rationale for differentiating between public and non-public GSE's with the publicly traded Sallie Mae and its student loans being perceived less favorably than FNMA and Freddie Mac's home mortgages. Mr. Falconer stated that, as he has stated in the past, he liked to invest in Farm Credit Paper based upon the public support for the farmer. Mr. Falconer stated that he would be comfortable with $5 million for FNMA and Freddie Mac, $3 million for Sallie Mae and $3 million for the remaining non -publicly traded GSE issuers. The Board was in general consensus with the dollar limitations per issuer and Chairman Osborne directed Staff to incorporate the changes in the draft FY 2001 /02 Investment policy for review at the May meeting. Chairman Osborne stated that the current policy limits the investment portfolio in US Treasuries to 75% and was there a desire from the Board to make changes. Board Member Irwin stated that Staff has asked for this item to be considered and that he personally believes that in times of financial stress this option needs to be available. Board Member Felice concurred with Board Member Irwin. Board Member Lewis stated, as in the past, that he is philosophically opposed to investing 100% in any investment. Board Member Lewis stated that since US Treasury investments are easier to invest in than other investments this may lead to a greater percentage than should be invested. In response to Board Member Olander and Irwin's statements that the Board would inquire 0 298 Investment Advisory Board Minutes April 11, 2001 about such an increase in the percent of US Treasury investments, Board Member Lewis stated that he was opposed to giving someone the authority to invest up to a certain percentage and then criticizing the person for investing too much even though it was within the allowed percentage. Board Member Irwin stated that the Board monitors the investment percentages monthly and that the City needs a safety net. Chairman Osborne stated that the City does have a safety net with cash, US Treasuries, mutual funds, LAIF, Commercial Paper, and GSE's. Chairman Osborne stated that the City investment policy criteria of safety, liquidity, yield and diversification would not allow investing 100% in any one investment - US Treasuries. Board Member Irwin agreed but stated that in terms of financial stress the Treasurer would need this option. Board Member Lewis stated that even the US Treasury market may be impacted based upon the financial stress Board Member Irwin is describing. Board Member Olander stated that this would be for an emergency stop gap. Board Member Moulin stated that the Treasurer had asked for this item to be considered because of Staff's limitation on the use of GSE's to $5 million per issuer. In response to. Chairman Osborne, Mr. Falconer stated that the reason he had limited the investment to GSE's was based upon a combination of the future Council discussions (in September) and the investment environment. Board Member Olander requested that the Board consider a 90% limitation. Chairman Osborne stated that last year when the LAIF percentage was discussed one of the possible LAIF investment alternatives was that the stated percentage would be 25%,; however, it would be understood that the actual percentage should not exceed 15%. Chairman Osborne did not believe that was a proper investment policy option and should not be applied to US Treasuries. Board Members Lewis and Irwin agreed. Board Member Mahfoud stated that he may consider a higher number 90-95% but that from his business and educational training he could not support 100% in US Treasuries unless the markets were in financial stress. Mr. Mahfoud stated that by increasing the percentage in US Treasuries and by reducing the exposure to GSE's, the City will be giving up yield in an environment where it is not warranted. Board Member Lewis stated that if we have two percentages - one for instances of financial stress and another when it is not warranted then we have to define financial stress and who would determine it. Chairman Osborne stated that he would determine it as an event in which the Board has time to take action and 299 Investment Advisory Board Minutes April 11, 2001 make a recommendation to the City Council. Board Member Moulin stated for the last two years he has supported 100% in US Treasuries and is not opposed to it on philosophical terms or from a management standpoint. Board Member Moulin did not believe the diversification or liquidity aspects of investing apply to US Treasuries. Board Member Lewis agreed with Board Member Moulin on the liquidity issue but disagreed on the diversification issue. Board Member Moulin stated that he supported 100% but would consider discussions between 75% and 100%. Board member Irwin stated that anything between 85% and 100% was symbolic and that 85% is in the lowest yielding asset class - checking and savings. Board Member Lewis stated that he recalled this percentage was arrived at when there was a sudden influx of funds before the weekend which could not be invested. Board Member Felice stated that the policy is similar to the use of a credit card, which is available if you need to use it, but is best if not used; and, if you have to use it, you pay the amount borrowed off quickly. Board Member Felice stated that effective cash management does not warrant 100% investment in US Treasuries; however, in these volatile investment times, US Treasuries are good investments to have in the portfolio. Board Member Lewis stated that he does not agree that you give the Treasurer a tool and then criticize the Treasurer for using it. Board Member Olander stated that he believes that it is a tool available if certain circumstances should arise. Board Member Felice asked Board member Lewis what other investment vehicles would be available besides US Treasuries in times of financial stress and Board Member Lewis responded that the Treasurer could invest in checking and savings, LAIF, GSE's and Commercial Paper. In response to Board Member Lewis, Board Member Irwin stated that their may be a time when US Treasuries are the only investment to make - International Incident. At this time Chairman Osborne announced that four (4) Board Members Felice, Irwin, Moulin and Olander were in favor of recommending an increase in the maximum investment in US Treasuries and GNMA's to 100% and three (3) Board Members Lewis, Mahfoud and Chairman Osborne not in favor. Mr. Falconer reported that a minority report may be submitted to the Council when the Investment Policy is considered in June. 10 3'?0 Investment Advisory Board Minutes April 11, 2001 MOTION - It was moved by Board Members Lewis/Irwin to continue this item to next Board Meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report and Other Selected Financial Data - March 2001 Noted and Filed B. Pooled Money Investment Board Reports - January 2001 Noted and Filed VII BOARD MEMBER ITEMS VIII ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin to adjourn the meeting at 7:20 p.m. Motion carried unanimously. Sub d by, John M. Falconer Finance Director 11 301 REPORT/INFORMATIONAL ITEM: 11 CULTURAL ARTS COMMISSION MINUTES April 12, 2001 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner McMillan led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Denise Diamond Commissioner Leslie McMillan Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) MEMBERS ABSENT: None STAFF PRESENT: Dodie Horvitz, Community Services Director Terri DeTamble, Secretary II. PUBLIC COMMENT - None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 8, 2001 B. Art in Public Places Financial Report for 2001 C. Monthly Department Report for January 2001 It was moved by Commissioners Shamis/Reynolds to approve the Consent Calendar with the following changes to the minutes: page 03, Article VI. B, paragraph 2, sentence should be completed to read "by the end of next week'; page 04, Article VII., A., paragraph 3, Commissioner Shamis requested that the record show the words "for a piece of work"; page 04, Article Vill., B. paragraph 2, sentence should read "Commissioner Reynolds noticed an error in the record that states the dates for Culture in the Courtyard". Page 03, Article VI., C, paragraph 1, Commissioner Reynolds requested that record should be changed to read "and possibly have a hands on art project for the participants". Unanimous with changes. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. De Martino Artwork Modification Commissioner Shamis asked all Commissioners to comment on the Proposal For Revisions And Additions To Oasis 111 Sculpture, which was submitted for review by Mr. De Martino. A lengthy discussion took place regarding the color, size and lighting of the gem, as well as the additional cost of $36,700. S:\Community Services\CAComm\CACMIN.04-12-Ol.wpd 30 n The following was agreed upon. • Paragraph 1, no changes. • Paragraph 2, sentence 1, consider changing gem from sapphire to aquamarine or diamond, sentence 2, jewel size would be better if size was 50% between the mock up size and the original size. • Paragraph 3, lighting might be better if attached to the building, trees and one pole as opposed to using only the poles. Mr. De Martino agreed that every suggestion would be considered and all changes would be field tested until it's right. • Paragraph 4, Cost, no changes. It was moved by Commissioners Reynolds/Diamond to approve the proposal with changes. Unanimous with changes. B. Community Picnic Commissioner Shamis reported on her meeting with Marni Francisco, Recreation Supervisor, regarding the Community Picnic. The Community Services Department will provide tables, canopy, keychains, pinwheels, tablecloth, butcher paper, markers, primary color paints and writing pads. Commissioner Shamis will bring baskets for the supplies. Commissioners Shamis and McMillan will be available for the entire event, Commissioner Diamond can commit to a few hours in the morning. Commissioner Reynolds will be unavailable to participate. Commissioner Shamis asked that above all, Marni Francisco, Recreation Supervisor, be thanked for all her hard work. Commissioner Shamis recommended the purchase of two spiral balloon columns to be used for the event. The purchase of the balloon columns was discussed and the suggestion made to donate the columns to the Senior Center after the birthday celebration. It was moved by Commissioner McMillan to approve the purchase of the columns at the cost of $40.00 each plus tax. Unanimous. C. Round Table Presentation Commissioner Shamis suggested that there are two areas to be considered with regards to follow up on the Symposium, one area is in terms of Coachella Valley and the importance of supporting the arts for all nine cities, and the other is how we address special items that Jack Mackie recommended in terms of where La Quinta goes in the Cultural Arts. Commissioner Shamis stated the need for a focus and a reason for inviting people to a Round Table. If Mayor Peha and the City Council direct the Commission to offer a Symposium then it can considered and discussed at that time. Commissioner Shamis stated that she feels there is no further discussion needed on the issue of Round Table Presentation. D. Jefferson Street Bridge Railings Dodie Horvitz, Community Services Director, explained the differences between the proposed plans, Attachments A, B and C. Each Commissioner discussed which plan they preferred and why. Commissioner Shamis recommends Attachment B mountains, with the railing and base to be the same as the Washington Street Bridge. It was moved by Commissioners Reynolds/McMillan to approve the recommendation. Commissioner Diamond abstained. 30.1 SACommunity Services\CAComm\CACMIN.04-12-Ol.wpd 002 VII. CORRESPONDENCE AND WRITTEN MATERIALS A. La Quinta Court Art Feature The artist is redesigning the water feature. Council requested a stair step fountain effect. It is anticipated that artwork will go before the City Council on May 1 for approval. Due to timeframes the Commission will not be able to view the changes prior to approval, but could attend the Council Meeting. Vill. COMMISSIONER ITEMS A. Commissioner Shamis Commissioner Shamis discussed temporary art. Art In Public Places funding cannot be used for insurance or installation of temporary art. Artist John Widenhammer is interested in hanging one of his large paintings in the Council Chambers and will consider it if Commissioners fax the contract to him. He will find out if his insurance will cover his painting while it is on city property, and if they do he will offer his painting. The City Council must approve any loans of temporary art. B. Commissioner Diamond Commissioner Diamond discussed issues of identifying the public art pieces. These issues came about due to the discussion about having a map or brochure to identify where all the public art pieces are located. She discussed the two art categories in La Quinta, the Civic Center Art Awards and the Art In Public Places. The Civic Center Art Awards has about 40 pieces of art displayed and represent a significant investment. The art work is on display, however the acrylic labeling is difficult to read. Documentation needs to be correct and up to date. Commissioner Shamis agreed that this is a good point that will need quite a bit more time and asked that this issue be put on the agenda for the next meeting. IX. ADJOURNMENT It was moved by Commissioners Diamond/McMillan to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:55 p.m. NEXT MEETING INFORMATION May 10, 2001 7:00 PM La Quinta Civic Center Study Session Room Next agenda: • CALAA Event • Artist Files • Work Plan Submitted by: Terri DeTamble, Commission Secretary 304 003 REPORT/INFORMATIONAL ITEM: IS COMMUNITY SERVICES COMMISSION MINUTES March 12, 2001 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:05 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Henson led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michelle Henson Commissioner Mike Davis Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) MEMBERS ABSENT: None STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor II. PUBLIC COMMENT None. III. CONFIRMATION OF AGENDA Staff requested that the Park Naming Request be added to the Agenda; namely the park between Fred Waring and Miles as Business Item C. It was moved by Commissioners Rebich/Henson to add the Park Naming Request to the agenda. Unanimous. It was moved by Commissioners Rebich/Davis to excuse Commissioner Henson from the February 12, 2001 meeting due to inclement weather. Unanimous. IV. CONSENT CALENDAR A. Approval of Minutes of February 12, 2001 B. Monthly Department Report for January, 2001. In answer to a question, staff described "Senior Services" as those provided by outside agencies that come in, such as AARP & IID so these are not programs that staff contracts with an instructor to do but are services that are provided by the community through other agencies and they use the City's facility. It was moved by Commissioners Rebich/Davis to accept the Consent Calendar as presented. Unanimous. 305 S:\Community Services\CSComm\CSCMIN.03-12-Ol.wpd V. PUBLIC HEARING None. VI. BUSINESS ITEMS A. Youth Workshop, April 18, 2001 Letters were presented for Chariperson St. Johns signature to go out to all participants. Staff reported that they are going through the Report Card we wanted to do, the Minutes of the last workshop to gather information on the goals that were set. The only concern was that the contacts at the High Schools impart the information to the students on the importance of this program. The first part of April, Valerie will be spending time at the school talking directly to the clubs to get the students at the Workshop. On March 26 the Desert Sun is also holding a similar event with community leaders. Marni and Dodie will be attending. They have already had two meetings with the youth. Staff will report back at the next meeting. School Board members have been invited to the workshop. By April 9 a list will be sent to commissioners with names of those who have not responded to the invitation so that they may be contacted and encouraged to attend. Marni mentioned that research is being done on Teen Centers in Riverside and L.A. County regarding what they are doing, their budgets, staff, etc. The Desert Sun is actively publishing activities available to youth. It was moved by Commissioners Henson/Davis to have Commissioners call the invitees after April 9 that have not responded to attend the Youth Workshop. Unanimous. B. Community Picnic/Birthday Celebration. Marni reported that things are going exceptionally well and she immediately had responses from people whom she asked for sponsorship. We have a 14-case sponsorship from Coca-Cola. They responded so quickly their Logo was able to be put on our flyer. Rotary will be providing the grills, the food, the buns and condiments. Full water sponsorship will be provided by Culligan. The invitations are already out. Two other letters will go out from people we haven't heard from --the other, is confirmation of participants. The band "Patrick McCaffrey & the Whiz Kids". They play jazz, Mo-town, Big Band, Blues and an array of music. The Lions Club wants to do a variety of races and games. Valerie will also be recruiting for volunteers for the picnic. One great big birthday cake will be provided. Marni will update the commissioners at the next meeting. Commissioner Bechard congratulated Marni on the Tiny Tot Olympics and said what a great event it was and how exceptionally well done! C. Park Naming. Staff described a new sub -division going in at Fred Waring and Jefferson. Part of the requirement for developers is that they either have to provide land for a park or pay fees or provide land and pay fees The Monticello sub -division is offering a 5-acres site. Part of it will be a retention basin and a large portion of it will be a neighborhood park. They will grade it and put the turf and then it will be up to the City if they want to put equipment at the site. The developer has met his requirement by putting in the irrigation and the turf so we can't condition them to put in additional equipment. This will be a park like Adams and Fritz Burns. 306 S:\Community Services\CSComm\CSCMIN.03-12-Ol.wpd Cl04 The developer has asked that this be named, "Monticello Park". For consideration, the official Park Naming Form and a site map was presented. There was talk at one time that it be a gated community but if that were the case, they would not get credit for this park. Desert Pride is an example of a similar situation regarding the park. The actual naming is the only consideration of the Commissioners. The official name of the park will be determined by the City Council. It was moved by Commissioners Rebich/Henson that the designated name be "Monticello Park". Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None VIII. COMMISSIONER ITEMS Commissioner Rebich asked what happened to their recommendation for Eisenhower Park expansion. Staff stated that it hadn't gone before City Council yet. It is anticipated that the vacant land next to Eisenhower park will be discussed when the design build contact is completed for the three parks currently under design. Commissioner Rebich suggested she may go to the council meeting to speak on behalf of the park. Commissioner St. Johns reported that the old Shotzi's at Eisenhower and Montezuma is going to be an art studio. Staff stated that they are off to Sacramento this weekend to attend the CPRS conference. Dodie will be focusing on the public arts projects. Marni will be focusing on teen programs. IX. ADJOURNMENT It was moved by Commissioner Davis/Rebich to adjourn the Community Services Commission meeting at 8:15 p.m. Unanimous. NEXT MEETING INFORMATION April 18, 2001 6:00 PM La Quinta Senior Center Dodie Horvitz, Corrknunity Services Director 3r%7 S:\Community Services\CSComm\CSCMIN.03-12-Ol.wpd 0'VJ REPORT/INFORMATIONAL ITEM: /9 COMMUNITY SERVICES COMMISSION MINUTES April 18, 2001 CALL TO ORDER A special meeting of the Community Services Commission was called to order at 6:15 p.m. at the La Quinta Senior Center. Chairperson St. Johns presided over the meeting. La Quinta Middle School student, Ian Brown led the Pledge Of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michelle Henson Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) MEMBERS ABSENT: Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor Valerie Corrigan, Recreation Coordinator Terri DeTamble, Secretary II. BUSINESS ITEMS It was moved by Commissioners Rebich/Henson to move the Youth Workshop up to the first item on the agenda. Unanimous. Mayor Pena welcomed everyone to the Youth Workshop and stated that the City is interested in hearing what the youth of our community feel is important to the community. Chairperson St. Johns asked how the groups would like to communicate amongst themselves. It was suggested by Jan Ryan that the "fish bowl' format be used. The adults were the first to participate in the "fish bowl" . The items brought forward by the adults include: 1. More lights at Frances Hack Park basketball courts 2. Concerts, music, theater 3. Youth Commission 4. More parks 5. Teen center 6. Transportation home 7. Weekend activities 8. Dances Boys/Girls Club - weekend dances Fridays 9. Basketball tournament 10. Battle of bands 11. Ask students/become community involved 12. Place to meet? Talk 13. Summer months program 14. Students end of school- grade teachers and principals? 15. Kids not being heard 303 S:\Community Services\CSComm\CSCMIN.04-18-Ol.wpd 16. Mentor programs After the adults expressed their ideas of what the youth would like to see, the youth then presented their ideas: 1. How do we go about reserving the high school weight room after hours? 2. Rec. Center 3. Adults don't listen to needs 4. Drive is too long to football fields for recreation football leagues 5. Action now 6. Turn the 8 soccer fields into 4 and have 2 football fields 7. Baseball fields 8. Martial arts locally 9. Boxing club 10. Our city only offers older people's stuff 11. Tutorial center/open later at night 12. Basketball courts slippery and dangerous 13. Don't single out high school students - middle school is where it starts 14. Keep things close - gas crisis 15. Kick boxing 16. Advertising on radio stations 17. Intercession to high school. Bring back 18. Go to school so you can set priority to studies etc. 19. Year round football - full contact - locally 20. Energy crisis - what is City plan 21. Pool too small. Should have access to school pool - open longer hours. 22. How do you advertise programs? 23. Mall in La Quinta. Record Alley etc., no shopping here 24. Another basketball court at park and lights 25. How do we get action to get everything done? After the students expressed their concerns, a group discussion took place in which the following issues were brought forward: 1. Youth Commission? If so, get involved young - make it exciting and fun, not just a meeting. Advertise what will take place at meeting. 2. L.Q.M.S. & Truman, exits needed - too crowded. 3. Why don't kids go to informal dances? Ans: Formal dances you save money for. Not as interested in smaller dances. Why can't we have nightclubs - ongoing every weekend. No alcohol - stay open later. 4. Do you need a place to meet? 5. Are kids being heard? 6. Our campuses are clean I- Mr. Buss never stops cleaning 7. Have H.S. students go to the M.S. and pass on their wisdom 8. Other ways to spend dollars 9. Grading schools? Ans: What would it accomplish? Would it matter? Helpful, not as an insult. We want results. 10. Streets under construction are a problem 11. Recreation center in La Quinta in the Center of town. Who pays for what? The Youth Workshop then ended. 3 P 9 S:\Community Services\CSComm\CSCMIN.04-18-Ol.wpd 002 III. ADJOURNMENT Quorum lost at 8:30 p.m. NEXT MEETING INFORMATION May 14, 2001 7:00 PM La Quinta Civic Center Study Session Room Submitted by: L Terri DeTamble, Commission Secretary 310 S:\Community Services\CSComm\CSCMIN.04-18-Ol.wpd 003 DEPARTMENT REPORT: -A S cFy OF �w TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager„ I/J DATE: June 5, 2001 RE: Department Report — Response(s) to Public Comments The following is the response to public comments made at the May 15, 2001 City Council meeting: 1. Ms. Lucia Moran, P.O. Box 1305, addressed the City Council regarding Community Clean -Up Day for the Coachella Valley Boys & Girls Club -La Quinta Unit scheduled for May 19, 2001. Ms. Moran also provided an update on the remodeling schedule for the Boys & Girls Club facility. No additional response was necessary. 311 DEPARTMENT REPORT: 3-A JUNE 6 JUNE 19 JUNE 25 JULY 3 JULY 17 AUGUST 7 AUGUST 21 SEPTEMBER 18 OCTOBER 2 OCTOBER 16 CITY COUNCIL'S UPCOMING EVENTS LA QUINTA HIGH SCHOOL GRADUATION CITY COUNCIL MEETING CVAG GENERAL ASSEMBLY (BLYTHE) CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 312 June 2001 Monthly Planner 1 2 W S M T T F S S M TJW T F S 1 2 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 6:00 PM CVAG- 2:00 PM City 10:00 AM ALRC 6:00 PM Volun- Exec Com-Pena Council teer Firemen's Meeting Dinner 10 11 12 13 14 15 16 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Abate. -Perkins 5:30 PM Invest- Sniff Transportation- Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 6:00 PM league ning Commis- Board Arts Commission of Calif. Cities- Sion Meeting Riv.Div. 7:00 PM Commu- nity Services g y Commission 17 18 19 20 21 22 23 9:00 AM CVB- 3:30 PM Historic Ab Henderson Preservation Father's Day 2:00 PM City Commission Council Meeting 24 25 26 27 28 29 30 6:00 PM CVAG- 7:00 PM Plan- 12:00 PM CVAG 9:00 AM Exec Com-Pena ning Commis- Human/Comm- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 5/30/2001 31 3 July 2001 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday aturclay 1 2 3 4 5 6 7 2:00 PM City 10:00 AM ALRC 12:00 PM Council Indepen- Mayors Lunch Meeting dence Day (City Hall Closed) 8 9 10 11 12 13 14 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Abate. -Perkins 5:30 PM Invest- Sniff Transportation- Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 7:00 PM Commu- ning Commis- Board Arts Commission nity Services sion Meeting Commission 15 16 17 18 19 20 21 9:00 AM CVB- 3:30 PM Historic - Henderson Preservation 2:00 PM City Commission Council Meeting 22 23 24 25 26 27 28 6:00 PM League 7:00 PM Plan- 12:00 PM CVAG 9:00 AM of Calif. Cities- ning Commis- Human/Comm- LAFCO- Riv.Div. sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 29 30 31 6:00 PM CVAG- Exec Com-Pena June August S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Printed by Calendar Creator Plus on 5/29/2001 314 August 2001 Monthly Planner ... .. . .. .. 1 2 3 4 JulySeptember 10:00 AM ALRC S M T W T F S S M T W T F S 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 16 17 11 12 13 14 15 18 19 20 21 22 22 23 24 25 26 27 28 23 24 25 26 27 28 29 29 30 31 30 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Council Pena Energy/Envi- Meeting 5:30 PM Invest- Sniff ment Advisory 7:00 PM Cultural Board Arts Commission 12 13 14 15 16 17 18 10:00 AM Public 7:00 PM C.V. 3:30 PM Historic Safety -Perkins Mosquito Preservation 12:00 PM Transportation- Abate. -Perkins 7:00 PM Plan - Commission Perkins 6:00 PM League ning Commis- Sion Meeting of Calif. Cities- Riv.Div. 7:00 PM Commu- nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM Henderson Human/Comm- LAFCO- 2:00 PM City Adolph Henderson Council 4:00 PM DRRA Meeting Airp-Henderson 26 27 28 29 30 31 11 6:00 PM CVAG- 7:00 PM Plan- Exec Com-Pena ning Commis- sion Meeting �t a Printed by Calendar Creator Plus on 5/29/2001 315 Tw�t 4 4 Q" MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: May 23, 2001 SUBJECT: Westward Ho Petition for Fiesta Drive Road Closure On April 25, 2001, the City received a petition signed by 25 homeowners in the Westward Ho area, requesting the closure of Fiesta Drive at the east end, where it intersects Jefferson Street. The signers of the petition are also requesting the placement of stop signs on Road Runner at the intersections of Fiesta Drive and Horseshoe. Included as Attachment 1 is a copy of the petition. On May 16, 2001 a meeting was conducted at the City Hall with the following in attendance: Mayor John Pena Sandy Hardin- Westward Ho resident Norm McCue- Westward Ho resident Chris A Vogt- Public Works Director/City Engineer During this meeting, Ms. Hardin stated that the residents' concerns were students from the High School were utilizing Fiesta Drive as a "cut through" for access onto Jefferson Street to avoid the intersection of Jefferson Street and Westward Ho Drive. There was also a concern regarding the speed of the traffic utilizing the shortcut. Ms. Hardin and Mr. McCue were informed that the City is presently in a four-way agreement with CVAG, the City of Indio, and the County of Riverside in order to complete the ultimate improvements of Jefferson Street, including a proposed bridge spanning the White Water Channel. As part of the feasibility study for the bridge, the Fiesta Drive access will be analyzed to determine whether it should be removed or remain in place. Due to the complexities of the design and the National Environmental Protection Act requirements (NEPA), the feasibility study and design will take approximately one year to complete. Ms. Hardin and Mr. McCue stated they understood that the feasibility study and design was required prior to further action on the request for the closure of Fiesta Drive. If the Jefferson Street ultimate design requires the closure of Fiesta Drive, then they feel the issue would be resolved. If the ultimate design provides that Fiesta Drive remain open, the residents of the Westward Ho area will pursue the closure of Fiesta Drive. In regard to the stop signs requested on Road Runner at Fiesta Drive and Horseshoe, Ms. Hardin and Mr. McCue were informed that the City Council recently directed staff to investigate the development of stop sign warrants for local streets within the City of La Quinta. The development of these warrants will take some time, since an 316 Pqe 1 of analysis must be made regarding the safety aspects of the warrants. To complete a stop sign warrant analysis at this time would not be beneficial since Road Runner, Horseshoe, and Fiesta are presently under construction. Traffic is moving slower and is minimized due to the construction of the Phase VI project. These intersections will be analyzed in the future when the Phase VI construction is completed. In summary, no further action will be taken regarding the closure of Fiesta Drive, until the results of the feasibility study for the Jefferson Street bridge over the White Water Channel and the final design for the ultimate improvements of Jefferson Street are completed. If the ultimate design of Jefferson Street requires the closure of Fiesta Drive, then the issue is resolved. If the ultimate design provides for the access to be maintained at Fiesta Drive, then the residents of Westward Ho will complete another petition, requesting the closure of Fiesta Drive. A warrant analysis for the stop signs at the intersections of Roadrunner and Fiesta Drive and Horseshoe and Fiesta Drive will not be completed until the completion of construction on the Phase VI project. If the City Council approves warrants for local streets as developed by the City staff, prior to the analysis of those intersections, the new warrants will be utilized for the analysis. 317 002 Pone 2 of 2 ATTACHMENT 1 +n tl°ry� WESTWARD HO HOMEOWNERS PETITION !_ if AM 2 5 20I WE THE HOMEOWNERS IN WESTWARD HO OF LA QUINTA, RiQUE f FOLLOWING FROM THE CITY OF LA QUINTA: J. ROAD BLOCKAGE AT THE EASTERN END OF FIESTA DRIVE AT JEFFERSON. 2. STOP SIGNS ON ROADRUNNER AT THE TWO INTERSECTIONS OF FIESTA AND //11�� HORSESHOE. CA WE ARE REQUESTING THESE CHANGES BECAUSE OF THE INCREASE OF TRAFFIC `me - TO THE HIGH SCHOOL, AND BELIEVE IT WILL INCREASE WITH THE TWO 1pIj ADDITIONAL SCHOOLS. ALSO, THE STOP SIGNS ARE TO CONTROL THE SPEED OF TRAFFIC INSIDE WESTWARD HO FOR SAFETY PURPOSES. ADDRESS y� 3 8>/ yb-�Go ,t�r�ad Lo-�4. 1q-,'jzn`�itjj4 p, 319 9 - S 16 � \�--s+(-� , 1. G `t?-2 S3 0 76 ��- 8zd l�a✓�sPsG�,�e �'� ?t9 00 `may E-�VdIA' Aehdt ed —ULS ,5jrmy kaLe.\ W/Kz - 4 -oq9 (13t(�, t-A� 000 ceitivl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 CONSENT CALENDAR: ITF.MTITLE: Public Meeting on Landscape and STUDY SESSION: Lighting Assessment District No. 89-1, Fiscal Year / PUBLIC HEARING: 2001 /2002 Informational Public Meeting only. The anticipated revenues identified in the Engineer's Report reflect assessments totaling $781,405 in Fiscal Year 2001 /2002. None. On May 15, 2001, the City Council adopted the following two (2) resolutions: Resolution No. 2001- 48 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2001 /2002; Resolution No. 2001- 49 (Attachment 2), declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: A description of the services to be provided throughout the District. 2. Total costs necessary to provide all services described in the Engineer's Report. 321 TAM0 EPT\COU NOU2001\010605a.wpd 3. A diagram showing the boundaries of the District, including special benefit zones. 4. An assessment schedule. The May 2001 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2001 /2002. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2001 /2002 in comparison to the Fiscal Year 2000/2001 Engineer's Report: FY 2000/2001 FY2001/2002 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 21,732 21,950 EDU Rate $35.60/EDU $35.60/EDU District Revenue $773,675 $781,405 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget expenses for 2001 /2002 total $1,530,412. This amount reflects the cost estimates for exempt landscape maintenance projects (within the road right-of-way) and non-exempt landscape maintenance projects (parks and facilities). The total cost for exempt projects within the Citywide Benefit Zone as indicated in the Preliminary Engineer's Report is $1,031,416. Last year the total estimate for exempt projects in the District was $1,137,309. The Preliminary Engineer's Report indicates a decrease in the LLD estimated exempt costs of $105,893, from $1,137,309 in Fiscal Year 2000/2001 to $1,031,416 projected for Fiscal Year 2001 /2002. The budget decrease is primarily due to bidding the Citywide Landscape Maintenance Contract for renewal. In the relatively competitive market for this type of work in the area, the City received lower bids. Prior to bid, the Citywide Landscape Maintenance Contract was approximately $596,000 annually. On July 5, 2000, the City Council awarded the Citywide Landscape Maintenance Contract to the lowest responsible bidder, Lundeen Pacific Corporation, in the amount of approximately $470,300. The estimated exempt costs for 2001 /2002 have been projected utilizing the amounts in the current Citywide Landscape Maintenance contract, with increases based on the March 2001 Consumer Price Index (CPI) and the following added areas: 1 . The Redevelopment Agency (RDA) property perimeter at Ave. 47 and Adams Street. 322 aun TAPWDEPT\COUNCIU2001\010605.. wPd 2. The Del Rey Retention Basin. 3. Auto Mall Drive Medians. 4. Calls Rondo Channel. 5. Marbella Tract Il, S/E corner of Adams Street and Miles Avenue. The proposed 2001/2002 budget of $1,035,256 for exempt projects includes $1,031,416 for the total citywide benefit zone and $3,840 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995/1996 through Fiscal Year 2000/2001, it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. Under the provisions of Proposition 218, in order to increase assessments within the Lighting and Landscape District, it is required to conduct a public vote on the increased assessments. This public vote may only occur during an election year in which city officials are running for election. Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 2001 /2002 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $781,405. The difference ($253,851) will be funded through the General Fund. These numbers indicate a shortfall when considering projects that are exempt from the provisions of Proposition 218. Exempt projects include all landscape and lighting within the transportation right-of-way. Landscape and lighting facilities that are not in the transportation right-of-way include parks and public facilities. These projects are not exempt from the provisions of Proposition 218. The proposed fiscal year 2001-2002 budget for all city lighting and landscaping (exempt and non-exempt) is $1,530,412. The total impact to the General Fund due to the Lighting and Landscape assessment shortfall ($253,851), and the non-exempt projects ($495,156) is $749,007. The purpose of the Public Meeting is to allow affected property owners an opportunity to ask questions of the Council and staff regarding the District and to provide public testimony regarding the proposed changes. A Public Hearing has been noticed for the June 19, 2001 City Council Meeting. The purpose of the Public Hearing is to allow affected property owners an opportunity to submit written protests regarding the proposed changes outlined in the Preliminary Engineer's Report. Tom_ proposed fee levels are not approved at this time. Only after the Public Meeting and Public Hearing have been conducted, can the Council adopt assessment fees for Fiscal Year 2001 /2002. The purpose of the Public Meeting is to provide affected property owners an 323 opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 003 T:\PW 0EPT\COUNCIL\2001 \010505a. wpd 2001 /2002, as outlined in the Preliminary Engineer's Report, dated May 2001. Therefore, there are no recommendations or alternatives at this time. Respectfully submitted, - 9�� Chris A. Vogt, .E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments 1 . Resolution 2001- 48 2. Resolution 2001- 49 324 004 TAPWDEP COUNCIL=01\010605a. wpd Attachment 1 RESOLUTION NO. 2001-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2001/2002 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on March 6, 2001, order the City Engineer, Chris A. Vogt, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2001 and ending June 30, 2002 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED this 15" day of May, 2001, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None )4aQw- TORNPENA,or City of La Quinta, California 305 006 Resolution No. 2001.48 L&LD 89.1 MY 200112002 Report of the Engineer Adopted: May 15, 2001 Page 2 ATTEST: JU E REEK, CMC, Cit k City of La Quinta, California (City Seal) APPROVED AS TO FORM: C ZJ=� - M. KA HE INE JENSO City Attorney City of La Quinta, California 1011Io0801 OW the forego" be dowAismid Pages.. a�ieA N 401" In Vo office of the City {�fefka*0CgaLeCk nte.Cafes 1� S� CMWAAE � Clefk 326 007 Attachment 2 RESOLUTION NO. 2001-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, A CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 2001 and ending June 30, 2002 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). 3 1 2 7 008 Resolution No. 2001-49 L&LD 89-1/FY 2001/2002 Intent to Levy Assessments Adopted: May 15, 2001 Page 2 Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No..89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2001 and ending June 30, 2002 to pay for the costs and expenses of the improvements described in Section 4 hereof. Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 5th day of June 2001, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 19d' day of June 2001, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question' of the levy of the proposed assessment for Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. 328 009 Resolution No. 200149 L&LD 89.1/Fy 2001/2002 Intent to Levy Assessments Adopted: May 15, 2001 Page 3 PASSED; APPROVED and ADOPTED this 15' day of May 2001, by the following vote: , AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JO PENA, yor City of La Quinta, California ATTEST: UNE GREEK, CMC, G' Clerk CI f La Quinta, California (City Seal) APPROVED AS TO FORM: /7? . /Z,t� M. KATHERINE JEN N, City Attorney City of La Quinta, California ThN i b C"Ny Viet the forepoi,b is t mroa copy of ft o►lytrlat Nhbh is so in ft oneges; erk tfle of �Ofi of the City p'* Q *ft Ceiiforn. C y CIK11 reek. CMC/ 32J ('! 10 T4ht 4 4a Q" COUNCIL/RDA MEETING DATE: ,June 5, 2001 Public Hearing Regarding Weed Abatement/ Lot Cleaning Assessments for Placement on 2001 /2002 Property Tax Roll RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4), Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2001 /2002 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. No written communications have been received regarding this matter. All of the listed property owners have been notified of the costs associated with the abatement and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 3N 1 . Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2001/2002 Property Tax Roll as listed in the Resolution; or 2. Do not adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2001/2002 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Buildkig and Safety Director An rov d for submissio b l Thomas P. Genovese, City Manager 331 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. BE IT RESOLVED, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and BE IT RESOLVED, in accordance with said abatement procedures, the Building And Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and BE IT RESOLVED, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, THE CITY Council of the City of La Quinta does hereby resolve as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the building and Safety director relative to assessment of costs is hereby approved and the City council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 332 Resolution No. 2001 - Fund Number 68-2378/Weed Abatement June 5, 2001 ASSESSOR'S COST OF NAME PARCEL NO. ABATEMENT William Smith W.Lavell/D. Mittenholtz William Doran Fritz Burns Foundation Michael J. Noll T. Abercrombie Augustin Paz South Fork Enterprises Elizabeth Vasquez Samuel Nixon Luis Herrera Richard Lott Admin LLC Estate of Selma Larson Estate of Selma Larson Robert Ebbert King J. Fannin Florentino Vargas Margaret Stone Catherine Adams R. Schwiesow Joe/Jerry Ceja Back Bays Trust ADMIN. FEE (25%) TOTAL 774-053-005 $ 160.00 $ 40.00 $ 200.00 774-214-024 250.00 62.50 312.50 774-134-003 250.00 62.50 312.50 774-172-003 250.00 62.50 312.50 774-062-018 250.00 62.50 312.50 773-221-002 250.00 62.50 312.50 773-262-007 250.00 62.50 312.50 773-235-019 250.00 62.50 312.50 774-115-015 250.00 62.50 312.50 774-112-012 250.00 62.50 312.50 773-121-003 250.00 62.50 312.50 773-154-017 250.00 62.50 312.50 774-266-021 250.00 62.50 312.50 773-083-023 250.00 62.50 312.50 773-083-024 250.00 62.50 312.50 774-115-014 250.00 62.50 312.50 773-154-021 250.00 62.50 312.50 774-231-007 250.00 62.50 312.50 774-215-008 250.00 62.50 312.50 773-214-019 250.00 62.50 312.50 774-253-027 250.00 62.50 312.50 773-235-017 250.00 62.50 312.50 773-171-011 250.00 62.50 312.50 333 f) Resolution No. 2001 - Fund Number 68-2378/Weed Abatement June 5, 2001 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. APPROVED AND ADOPTED THIS DAY OF . 2001. AYES: NOES: ABSTAIN: ABSENT: John Pena, Mayor City of La Quinta ATTEST: June S. Greek, City Clerk City of La Quinta, APPROVED AS TO FORM: M. Katherine Jenson City Attorney 334 0 CO. Tity/ 4 4 4" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 5, 2001 _ ITEM CONSENT CALENDAR: _ TITLE.: STUDY SESSION: Continued Public Hearing to Consider a _ Recommendation of the Planning Commission to Deny PUBLIC HEARING: 3 (1) Certification of an Final Environmental Impact Report Addendum (EA #94-287 and State Clearinghouse #94112047), (2) an Amendment to Specific Plan 94-025 Allowing a New Private Access Road to Serve 10 Custom Lots along the North Boundary of an Approved Master Planned Community of 277 Housing Units, (3) Development of a Private Road into Hillside Slopes Exceeding 20 percent (Conditional Use Permit 99-047) and (4) Recommendation to Approve the Subdividing of Approximately 331 Acres into Four Parcels (Tentative Parcel Map 28617) and Other Letter Street Lots for Property Located to the South of The Quarry and Bisected by the Future Extension of Jefferson Street Applicant: Agiotage Limited RECOMMENDATION: Planning Commission Recommendation: 1. Adopt a Resolution of the City Council denying certification of a Final EIR Addendum (EA #94-287 and State Clearinghouse #94112047); 2. Adopt a Resolution of the City Council denying Conditional Use Permit 99-047; 3. Adopt a Resolution of the City Council denying Specific Plan 94-025, Amendment #1; and 4. Adopt a Resolution of the City Council approving Tentative Parcel Map 28617, subject to findings and conditions. FISCAL IMPLICATIONS: None. 335 SRCCGreenCont6-5 Greg T.- 50 (Santa Rosa Forml R5/10 5/18; Resp 5/31 Page 1 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 1, 2001, the City Council continued discussion on these cases to tonight's meeting allowing review of the project by the Planning Commission on May 8. Project History On June 6, 1995, the City Council adopted Resolution 95-37, approving design guidelines and development standards for a master planned development of 277 housing units on approximately 331 acres to the south of The Quarry development in conjunction with certification of an Environmental Impact Report (State Clearinghouse #94112047). The adopted Specific Plan for this community outlines its long term development pattern for this residential project and conservation of hillside areas and equestrian/hiking trails. Mountainous areas account for approximately 70 percent of the Plan's area. The density for residential parcels is approximately 2.47 units per acre, but less than one unit per acre for the entire Specific Plan area. Three types of residential lots are permitted: 1) Cove lots of 8,000 square feet or more, 2) Estate lots of 10,000 square feet or more, and 3) Custom lots of 30,000 feet or more. Access to the site is planned by the extension of Jefferson Street south from Avenue 58 as required by the alignment plan approved under General Plan Amendment 95-048 in 1995 under Resolution 95-41. Street and other infrastructure improvements are required for this project as subdivision maps are processed. This planned community also has ten custom lots at the northwest corner of the Specific Plan which take access from private streets located in The Quarry development. On April 16, 1999, the Planning Commission approved a time extension and minor text changes for the Specific Plan by adoption of Resolution 99-026, pursuant to Conditions #6 and #7 of City Council Resolution 95-37. Project Request 1 . Conditional Use Permit - The applicant is requesting development of a 3,000 foot long private road to access the ten custom home lots rather than access through The Quarry. A portion of the road, approximately 1,600 feet long, will be located above the 20% slope. The proposed vertical incline of the private road in this hillside area does not exceed 14.8 percent. 2. Specific Plan Amendment - The existing Specific Plan allows 277 dwelling units on approximately 331 acres. This Amendment request does not alter the land use plan, or propose residential development in the hillside areas. The principal modification in the Plan is a request to change the circulation pattern to include 336 SRCCGreenCont6-5 Greg T.- 50 (Santa Rosa Form) R5/10;5/1 S; Page 2 road access to the 10 lots in Parcel 3 rather than through The Quarry. This two-lane roadway (28' curb to curb with no parking) has six foot wide pedestrian pathways constructed using decomposed granite. A double box culvert is proposed where the road crosses a natural watershed channel similar in design to The Quarry development (Attachment #1). 3. Tentative Parcel Map - The applicant proposes three large residential parcels, one open space parcel (21 1 .51 acres) and two lettered lots on approximately 331 acres (See Attachment #2 dated April 5, 2001). Public Notice This request was advertised in the Desert Sun newspaper on April 10, 2001. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notice. A minimum 20 day review period was established for this meeting in lieu of 10 days for an Addendum. Written correspondence from public agencies and other interested parties have been forwarded to the City Council under separate cover and are available at the Community Development Department. Planning Commission Review On May 8, 2001, the Planning Commission, on a 5-0 vote, adopted Resolutions 2001- 058 through 2001-060 recommending denial of the applicant's request for the access road to the 10 custom lots (Attachments #3 and #4 - Planning Commission Minutes). The proposed subdivision map that accompanied the various applications was recommended for approval by the Planning Commission on a 5-0 by adoption of Resolution 2001-061, subject to Street Lot "B" being eliminated (Condition Nos. 16 and 48). FINDINGS AND ALTERNATIVES: The findings necessary to support the Planning Commission's recommendation are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council denying certification of a Final EIR Addendum (EA #94-287 and State Clearinghouse #941 12047); Adopt a Resolution of the City Council denying Conditional Use Permit 99-047; Adopt a Resolution of the City Council denying Specific Plan 94-025, Amendment#1; and Adopt a Resolution of the City Council approving Tentative Parcel Map 28617; subject to findings and conditions; or 2. Direct staff to prepare Resolutions of approval for the above -cited cases; or 3. Provide staff with alternative direction. 337 SRCCGreenCont6-5 Greg T.- 50 (Santa Rosa Form) R5/10;5/18; Page 3 Respectfully submitted, I I A AAA I 'LL Jerey Herman, Comm tity Devel pment Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1 . Revised Specific Plan Map 2. Parcel Map Exhibit (4-5-01) 3. Planning Commission Minutes of May 8, 2001 4. Planning Commission Minutes of April 10, 2001 338 SRCCGreenCont6-5 Greg T.- 50 (Santa Rosa Form) R5/10;5/18; Page 4 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING AN ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT #94112047 (EA #94-287) PREPARED FOR SPECIFIC PLAN 94-025 (AMENDMENT #1) AND CONDITIONAL USE PERMIT 99- 047 CASE NO: ENVIRONMENTAL IMPACT REPORT #94112047 (EA #94-287) APPLICANT: AGIOTAGE LIMITED WHEREAS, the City Council of the City of La Quinta, California, did on the 1st day of May, 2001, and 51h day of June, 2001, hold duly noticed Public Hearings to consider an Addendum to Final Environmental Impact Report #94112047 (Environmental Assessment No. 94-287), as prepared for Specific Plan 94-025 (Amendment #1) and Conditional Use Permit 99-047; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of October, 2000, 10" day of April, 2001, and 8th day of May, 2001, hold duly noticed Public Hearings to consider an Addendum to Final Environmental Impact Report #94112047 (EA 94-287), as prepared for Specific Plan 94-025 (Amendment #1) and Conditional Use Permit 99-047, and on a 5-0 vote adopted Resolution 2001-058 recommending denial of the request as presented. WHEREAS, said application 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 Addendum to Environmental Impact Report #94112047 (EA 94-287), pursuant to CEQA Guidelines 15164; and WHEREAS, the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR (State Clearinghouse No. 94112047 and Environmental Assessment No. 94-287) for 339 A:\Resocc EA SPGreenDeny.wpd - 50 Greg T. .' Resolution No. 2001- EIR #94112047 (Environmental Assessment 94-287) June 5, 2001 Page 2 Specific Plan 94-025 encompassing 331 + acres and allowing 277 single family residential houses bordering open space, hillside areas. WHEREAS, the revised project is a minor technical addition, which will include redirecting a street from Jefferson Street along the northern portions of Parcel 2 and 4. The private street will be approximately 3,000 lineal feet with a right of way width of 50 feet. However, only 1,600 lineal feet will cross through Parcel 4 where there was previously no disturbance. The purpose for this modification is to gain access to 10 lots in the northwest portion of the property. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify denial of said Addendum: 1 . If the proposed Specific Plan Amendment and related application upon which the Addendum is based are rejected by the City Council, the Addendum is not required to be adopted pursuant to the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the recitations are true and correct and constitute the findings of the City Council. 2. That it does hereby recommend denial of the Addendum for the above -cited projects. 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: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California 340 A:\Resocc EA SPGreenDeny.wpd - 50 Greg T. i Resolution No. 2001- EIR #94112047 (Environmental Assessment 94-287) June 5, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk -City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 341. A:\Resocc EA SPGreenDeny.wpd - 50 Greg T. RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A PRIVATE ROAD INTO HILLSIDE AREAS IN SPECIFIC PLAN 94-025 CASE NO.: CONDITIONAL USE PERMIT 99-047 APPLICANT: AGIOTAGE LTD. WHEREAS, the City Council of the City of La Quinta, California, did on the 1' day of May, 2001, and 5th day of June, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas with a slope over 20 percent, located approximately '/2 mile south of Avenue 58 on the east and west sides of future Jefferson Street, more particularly described as: APN: 761-030-001 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of October, 2000, 10th day of April, 2001, and 8th day of May, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas with a slope over 20 percent, located approximately %z mile south of Avenue 58 on the east and west sides of future Jefferson Street, and on a 5-0 vote, recommended denial by adoption of Resolution 2001-059. WHEREAS, said Planning Commission adopted Resolution 2001-058 rejecting certification of an Addendum to FEIR #94112047 and Environmental Assessment #94-287 for this application pursuant to CEQA Guidelines at their meeting of May 8, 2001; 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 to deny said Conditional Use Permit, pursuant to Section 9.210.020 (F) of the Zoning Ordinance: A. Consistency with the General Plan/Zoning Ordinance The portion of the proposed road into hillside areas of SP 94-025 is not necessary to provide access within the Specific Plan boundaries (i.e., 10 custom lot) because access can be obtained through The Quarry project to the north. 3 n A:\Resocc CUP47greenDeny.wpd, 50 Greg T. - Page 1 Resolution No. 2001- Conditional Use Permit 99-047, Agiotage LTD. June 5, 2001 Page 2 B. Compliance with CEQA The Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR (SCH #941 12047 and EA 94-287) are still applicable and enforceable. C. Surrounding Land Uses The site design of the project is appropriate for the intended uses pursuant Specific Plan 94-025. 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; and 2. Denial of this application is required based on the Planning Commission's adoption of Resolution 2001-058 (EA Addendum); and 3. That it does hereby deny this project for reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: ►NI*3I ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 343 AAResocc CUP47greenDeny.wpd, 50 Greg T. - Page 2 009 Resolution No. 2001- Conditional Use Permit 99-047, Agiotage LTD. June 5, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 344 A:\Resocc CUP47greenDeny.wpd, 50 Greg T. - Page 3 010 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING AMENDMENT #1 TO SPECIFIC PLAN 94-025 CASE NO.: SPECIFIC PLAN 94-025, AMENDMENT #1 APPLICANT: AGIOTAGE LIMITED WHEREAS, the City Council of the City of La Quinta did on the Vt day of May, 2001, and 5th day of June, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow a private road along the north side of the Plan's boundary to serve ten single family houses in Parcel 3 of Tentative Parcel Map 28617 for property located on the east and west sides of future Jefferson Street, approximately 0.5 miles south of Avenue 58, more particulary described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, the Planning Commission of the City of La Quinta did on the 24th day of October, 2000, 10th day of April, 2001, and 8th day of May, 2001, hold duly noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow a private road along the north side of the Plan's boundary to serve ten single family houses in Parcel 3 of Tentative Parcel Map 28617 for property located on the east and west sides of future Jefferson Street, approximately % mile south of Avenue 58, and on a 5-0 vote adopted Resolution 2001-060, recommending denial of private street access into hillside areas. WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR for Specific Plan 94-025 (Resolution 95-36) as adequate and complete, adopted "Statements of Overriding Considerations," and adopted "CEQA Findings and Statements of Facts"; and WHEREAS, the Planning Commission did, on the 13" day of April, 1999, hold a duly noticed Public Hearing on SP 94-025 (1st Time Extension), and by a vote of 5-0, adopted Resolution 99-026 approving a first time extension and text changes to the Plan: and WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons pursuant to Section 9.240.010 of the Zoning Ordinance to justify denial of the Specific Plan Amendment: 345 A:\Resocc SP25#lgreenDeny.wpd - 50 greg t - Page 1 Oil Resolution No. 2001- Specific Plan 94-025, Amendment #1 June 5, 2001 Page 2 A. Consistency with the General Plan The proposed Specific Plan Amendment is not consistent with the goals and policies of the La Quinta General Plan. B. Land Use Compatibility Development of open space hillside terrain with a private road is not compatible with the adjacent low density residential development. C. Property Suitability The proposed road extension is not appropriate. D. CEQA Compliance This application 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 Addendum to Environmental Impact Report #941 12047 and EA 94-287 pursuant to CEQA Guidelines 15164. 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 correct and constitute the findings of the City Council in this case; 2. Denial of this application is required based on the Planning Commission's adoption of Resolution 2001-058 (EA Addendum); and 3. That it does hereby deny the request for the reasons set forth in this Resolution. 346 A:\Resocc SP25#7greenDeny.wpd - 50 greg t - Page 2 01 Resolution No. 2001- Specific Plan 94-025, Amendment #1 June 5, 2001 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 347 A:\Resocc SP25#lgreenDeny.wpd - 50 greg t - Page 3 013 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 331 ACRES INTO FOUR PARCELS AND OTHER STREET LOTS LOCATED ON THE EAST AND WEST SIDES OF FUTURE JEFFERSON STREET, APPROXIMATELY '/2 MILE SOUTH OF AVENUE 58 CASE NO.: TENTATIVE PARCEL MAP 28617 APPLICANT: AGIOTAGE LIMITED WHEREAS, the City Council of the City of La Quinta, California, did on the 15L day of May, 2001 and 51h day of June, 2001, hold duly noticed Public Hearings to consider the subdivision of 331 acres into three residential parcels, one open space parcel, and other lettered lots (Lots "A" and "B") in Specific Plan 94-025 generally located on the east and west sides of future Jefferson Street, approximately '/2 mile south of Avenue 58, more particularly described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of October, 2000, 101h day of April, 2001, and 8"' day of May, 2001, hold duly noticed Public Hearings to consider subdivision of 331 acres into four lots and other lettered lots (Lots "A" and "B") in Specific Plan 94-025 generally located on the east and west sides of future Jefferson Street, and on a 5-0 vote recommended approval by adoption of Resolution 2001-061, provided Street Lot "B" was deleted. WHEREAS, said Parcel Map is within Specific Plan 94-025 (Final Environmental Impact Report #94112047). No changed circumstances or conditions exist and no new information is provided which would require preparation of a subsequent EIR, pursuant to Public Resources Code 21166; and WHEREAS, the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. 343 AARESOcc TPM 28617 Green.wpd, 50 Greg T. Page 1 014 Resolution No. 2001- TPM 28617, Agiotage LTD. June 5, 2001 Page 2 WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR (Final Environmental Impact Report #94112047 and Environmental Assessment No. 94-287) for Specific Plan 94-025 encompassing 331 + acres and allowing 277 single family residential houses bordering open space, hillside areas. 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 for said Tentative Parcel Map 28617 pursuant to Section 13.12.130 of the Subdivision Ordinance: Finding Number 1 - Proposed Map Consistency with the General Plan and Specific Plan 94-025 (Amendment #1) The proposed parcel map is consistent with the City's General Plan Low Density Residential and Open Space land use designations pursuant to Specific Plan 94- 025, excluding development of roadways into hillside areas. The proposed Tentative Parcel Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide streets and adequate stormwater drainage via retention basins, culverts, etc. Finding Number 2 - Consistency of Design and Improvements with the General Plan and Specific Plan 94-025 The design and improvements of the proposed subdivision are consistent with the City's General Plan and Specific Plan 94-025. Implementation of the recommended conditions of approval ensures proper street widths and road design standards are met. Finding Number 3 - Consistency of Public Easements As conditioned, 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 subdivision. Finding Number 4 - Public Health and Safety The design of the subdivision and type of improvements, as conditioned, are not likely to cause serious public health problems, in that this issue was considered in Specific Plan 94-025 in which no significant health or safety impacts were identified for the proposed project. 34q A:\RESOcc TPM 28617 Green.wpd, 50 Greg T. Page 2 015 Resolution No. 2001- TPM 28617, Agiotage LTD. June 5, 2001 Page 3 Finding Number 5 - Suitability of Site The design of the subdivision is consistent with the layout outlined in SP 94- 025. 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 require compliance with Specific Plan 94-025; 3. No changed circumstances or conditions exist and no new information provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 4. That it does hereby approve Tentative Parcel Map 28617 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit „A" PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 51h day of June, 2001, by the following vote, to wit: AYES: NOES: /T1;94 kiI IF ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California 350 A:\RESOcc TPM 28617 Green.wpd, 50 Greg T. Page 3 016 Resolution No. 2001- TPM 28617, Agiotage LTD. June 5, 2001 Page 4 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 351 01'7 A:\RESOcc TPM 28617 Green.wpd, 50 Greg T. Page 4 RESOLUTION NO. 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 28617 - AGIOTAGE LIMITED JUNE 5, 2001 GENERAL 1. This Map approval shall expire and become null and void on June 5, 2003, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. Tentative Parcel Map 28617, dated April 5, 2001, shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. 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 94-025 (Amendment #1), Final EIR 94-287 Addendum, TPM 28617 and CUP 99-047. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 and those exhibits contained in the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 5. Prior to the issuance of a grading 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 and/or agencies: * Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department 352 A1Cond cc TPM28617Green.wpd - 50 Greg T. Page 1 of 15 018 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 2 * Riverside County Environmental Health Department * Desert Sands and Coachella Valley Unified School Districts * Coachella Valley Water District (CVWD) * Imperial Irrigation District (IID) * Verizon * California Regional Water Quality Control Board (NPDES Permit) * Time Warner * Sunline Transit 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 6. The Specific Plan EIR shall be used in the review of all project proposals in the Specific Plan 94-025 area. Said mitigation measures are hereby incorporated into these conditions by reference. 7. Prior to issuance of the final map the applicant shall make the following lot designations: A. The "Open Space" portions of Parcels 1 and 2 shall be designated as separate lettered "Open Space" lots (i.e., Lots C and D). 8. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 9. The applicant shall dedicate an easement or reserve unto themselves, their successors, and assigns an undevelopable natural open space easement over lettered lots "C" through "D" (designated as "Open Space" lots on the Final Map) and Parcel 4 for preservation of natural open space in perpetuity. 10. This tentative map and any final maps thereunder shall comply with the requirements and standards of §§66410 through 66499.58 of the California 353 AACond cc TPM26617Green.wpd - 50 Greg T. Page 2 of 15 0i9 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 3 Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) PROPERTY RIGHTS 1 1 . All easements, rights -of -way and other property rights necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a Certificate of Compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 12. If the applicant proposes vacation or abandonment of any existing rights -of -way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide to those properties alternate rights -of -way or access easements on alignments approved by the City Council. 13. The applicant shall dedicate public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required of this development include: A. Jefferson Street (Lot "A") - Full -width right-of-way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. The applicant shall dedicate street rights -of -way prior to required approvals of any proposed subdivision or improvements to land within the specific plan boundaries. If the City Engineer determines that public access rights to proposed street rights -of -way shown on the tentative map are necessary prior to approval of final maps dedicating the rights -of -way, then developer shall grant temporary 354 AACond cc TPMZ8617Green .wpd - 50 Greg T. Page 3 of 15 On I- Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5,2001 Page 4 public access easements to those areas within 60-days of written request by the City. 14. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 15. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Jefferson Street - 20 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 16. The applicant shall vacate vehicle access rights to Jefferson Street from lots abutting the street. Access to the development from Jefferson Street shall be restricted to that shown on the "Circulation" diagram in the specific plan. 17. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 18. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this specific plan 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. IMPROVEMENT AGREEMENT 19. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for any tentative tract or parcel map or approved phase of development prior to approval of the map or phase or issuance of a certificate of compliance in -lieu of a final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 35 A:Wond cc TPM28617Green.wpd - 50 Greg T. Page 4 of 15 021 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 5 20. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 21. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (i.e., streets) and development -wide improvements (i.e., perimeter walls, common area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. IMPROVEMENT PLANS 22. Improvement plans submitted to the City for plan checking shall be submitted on 24" X 36" media in the categories of "Rough Grading", "Precise Grading", "Streets and Drainage", and "Landscaping". All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscaping improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above, shall be in formats approved by the City Engineer. 23. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. 356' A:Wond cc TPM28617Green.wpd - 50 Greg T. Page 5 of 15 0 2 2 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 6 When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. GRADING 24. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 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 and must meet the approval of the City Engineer prior to issuance of a grading permit. 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 the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. 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, La Quinta Municipal Code. In accordance with said Chapter, 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. 28. 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 development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. 357 A:Woud cc TPM28G17Greeu.wpd - 50 Greg T. Page 6 of 15 023 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 7 DRAINAGE 29. Stormwater falling on land developed for beneficial use, including common areas and roadways, during the peak 24-hour period of a 100-year storm shall be retained on -site. The tributary area for which the developer is responsible shall extend to the centerline of the adjacent public streets. Stormwater falling on undeveloped land dedicated as natural open space shall continue to drain into its historic drainage course. 30. Stormwater shall normally be retained in common retention basins. Individual lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is determined by the City Engineer to be impractical. 31. If individual lot retention is approved, the following conditions shall apply: A. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Basin capacity calculations and grading plans for each lot shall consider previously - approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent lot plans, to the City Engineer for plan checking and approval. B. Prior to or concurrently with recordation of the final subdivision map, a homeowner's association or lot owner's association (HOA) shall be legally established and Covenants, Conditions and Restriction (CC & Rs) recorded. The CC & Rs shall stipulate the requirement for design, construction and maintenance of individual on lot basins and the required retention capacity for each individual lot. The CC & Rs shall grant the HOA irrevocable rights to enter and maintain each individual retention basin and all other grading and facilities necessary for the stormwater retention design. The CC & Rs shall establish, in an irrevocable manner that: 1 . The HOA has responsibility for the overall retention capacity of the development; 2. If the HOA fails to maintain the overall retention capacity, the City shall have the right to seek other remedies to restore and/or 35� maintain the overall capacity or to establish or expand downstream facilities to mitigate the off -site effects of the HOA's failure to A:Wond cc TPM28617Green.wpd - 50 Greg T. Page 7 of 15 0 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 8 maintain the overall capacity; and 3. The HOA shall promptly reimburse the City for any and all costs incurred in exercising such right. C. The final subdivision map shall establish a perpetual easement granting the City the right to enter and maintain retention basins and other drainage facilities and grading as necessary to preserve or restore the approved stormwater conveyance and retention design with no compensation to any property owner of the HOA. 32. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. Retention basin slopes shall not exceed 3:1 . If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 33. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 34. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 35. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 36. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to bodies of water subject to the NPDES, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize 359 AACond cc TPM86617Green.wpd - 50 Greg T. Page 8 of 15 0 ti ) Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 9 the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations an methods of treatment or screening shall meet the approval of the City Engineer and other agencies that have jurisdiction. UTILITIES 39. Existing and proposed wire and cable utilities within or adjacent to the proposed development shall be underground, unless otherwise allowed by General Plan Amendment 2001-073. Power lines exceeding 34.5 kv are exempt from this requirement. 40. The applicant shall obtain the approval of the City Engineer for the location of all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone strands, to ensure optimum placement for aesthetic as well as practical purposes. 41. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREETS AND TRAFFIC IMPROVEMENTS 42. The City is contemplating adoption of a major infrastructure and thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a Certificate of Compliance for any waived final map, the development or portions thereof 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. 43. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 360 ECond cc TPM28617Green .wpd - 50 Greg T. Page 9 of 15 0 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 10 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, including site and building construction traffic. The minimum pavement sections shall be 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 which will be subjected to traffic loadings, the partial section shall be designed with a strength equivalent to the 20-year design strength. 44. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 45. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 46. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1 . 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 2. Jefferson Street (adjacent to this development) - Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it necessary to revise or abandon the Jefferson Street specific 36.1 A:Wond cc TPM28617Green.wpd - 50 Greg T. Page 10 of 15 0 12 7 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 11 alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. B. PRIVATE STREETS AND CUL DE SAC Collector (z300 homes or 3,000 vehicles per day) - 40-feet wide. 47. 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 without ponding in yard or drive areas. 48. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map application(s). Custom lot access shall occur via The Quarry. 49. Prior to occupancy of completed buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. 50. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter. The location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. LANDSCAPING 51. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street pursuant to Section 9.60.240 of the Zoning Ordinance. The concept landscape plan for Jefferson Street shall be approved by the Planning Commission during review of a Site Development Permit and/or subdivision map application. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24"- and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 52. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. 360 A:Xond cc TPM28617Green .wpd - 50 Greg T. Page 11 of 15 0 11-3 R Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 12 Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Conceptual front yard landscaping plans shall be submitted for approval by the Planning Commission during consideration of any Site Development Plan application. 53. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public and private streets. 54. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly - or commonly -maintained landscape areas. 55. Unless otherwise approved by 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. 56. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 57. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. FIRE DEPARTMENT 58. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 59. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm"assignment within 15 minutes. 363 kCond cc TPM28617Green .wpd - 50 Greg T. Page 12 of 15 0 n 9 ti Resolution No. 2001- Conditions of Approval-- Recommended Tentative Parcel Map 28617 June 5, 2001 Page 13 Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. COACHELLA VALLEY WATER DISTRICT 60. The applicant shall comply with the requirements of the CVWD at time development plans are submitted. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. ELECTRICAL UTILITIES 61. The applicant shall comply with the requirements of the Imperial Irrigation District at time development plans are submitted. 62. Prior to any final map approval by the City Council, the applicant shall meet the parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code and in compliance with the goals and policies of the La Quinta Parks and Recreation Master Plan. QUALITY ASSURANCE 63. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 64. 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 of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 364 A:Wood cc TPME8617Greeu.wpd - 50 Greg T. Page 13 of 15 Resolution No. 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 14 MAINTENANCE 65. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter walls and landscaping. 66. 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 an 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 planning for routine and long term maintenance. FEES AND DEPOSITS 67. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. The applicant shall additionally pay any fees of any nature required by the City at the time of recording of the final map or the issuance of a building permit according to the fee requirements in effect at the time of issuance or approvals for those items. 68. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 69. In order to mitigate impacts on public schools, applicant shall comply with the following: "Prior to the issuance of any building permits, the applicant shall provide the Building and Safety Department with written clearance from the affected school district stating that the per -unit impact fees have been paid." 70. 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. 365 AACend cc TPM28617Green.wpd - 50 Greg T. Page 14 of 15 031 Resolution No. 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 June 5, 2001 Page 15 MISCELLANEOUS 71. The applicant shall comply with applicable provisions of the National Pollution Discharge Elimination system (NPDES) and the City's NPDES permit. 72. Prior to issuance of any site permits, the developer shall submit to the Community Development Department a detailed construction plan for the project's Multi -Purpose Trail. This plan shall include access, signage, and detailed design. The applicant shall create a 10-foot wide Multi -Purpose Easement within the required 20-foot landscape easement plus the west side of Jefferson Street right-of-way. FINAL MAP(S) AND PARCEL MAPISI 73. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 366 A:Wond cc TPM28617Green .wpd - 50 Greg T. Page 15 of 15 0 3 LNV-11 0I=1I0adS Na3HO I ffvjj�iwsa/uvuisn-ni C I!' NXE3 "6\ sue-sss ne / Diu -us foul srroxanu wJa-avase nwoa� anWsu msa 1 1YM 'AII NOA IWIJMJ 'l ftJ 9WAJ.W/16 ¢V✓f / JNIWJWSK YY) / NS)NTtt4 1 'JNI 'S33YlDnSSY ONY N.LOVS 'OYW Affoohmant 1 --- 00ti 0 000 O0 Q 0 w 0 0 0 JJ ZZZ NU)N qo0� 00Opo 11 c) 1- 0 jZZ7 D�� N It cq 367 034 w Q00 OWo >_ z ZM F- I ji ll IPH Attachment 2 !jj p 1zEyss RR $ Fy5' ■�■ gBFe � W zo uQ. r Planning Commission Minutes May 8, 2001 Attachment 3 VI. PUBLIC HEARINGS: A. Continued - Environmental Assessment 94 287 Add nd m Specific Plan 94-025 Amendment #1 Conditional Use Permit 99-047 and Parcel Map 28610; a request of Agiotage Limited for Certification of an EIR Addendum for Specific Plan 94-025 allowing: 1) a new access road for an approved master planned residential community of 277 houses; 2) development of a private road on a hillside slope exceeding 20 percent; 3) amend the Green Specific Plan to allow a 3,000 foot long private access road along the north side of a 330.70 acre property to serve ten custom lots; and 4) a Tentative Parcel Map subdividing 330.70 acres into four parcels and other lettered street lots, for the property bisected by the future Jefferson Street, approximately a half mile south of Avenue 58 1. Chairman Robbins opened the public hearing and asked if the City Attorney's office would like to respond to the latest letter received from the Center for Biological Diversity. Assistant City Attorney John Ramirez responded to a letter received from the Center for Biological Diversity on May 7, 2001, raising a number of issues similar to the letter the Commission received at the last public hearing. The City Attorney's office has reviewed the letter and their comments remain the same as they were with respect to the last public hearing. He might point out that in Mr. Hogan's letter there is a discussion of the Gilroy case and Mr. Hogan's discussion of the facts in that case are correct. One of the challenges of a city attorney is responding to these types of letters when they are presented at the last moment. Again, their position is the same. There is no new information that was not fully studied in the prior EIR with respect to the impact on Big Horn Sheep. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked if there were any changes in the staff report. Staff noted the Resolution dates were changed and staff was requesting two condition modifications. Condition #29 should be replaced by adding a sentence allowing the undeveloped natural open space to drain in its historical drainage course. Assistant City Attorney Ramirez asked that the words "Specific Plan" be added to Condition #1 following FEIR 94-287 Addendum. 3. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Jim Schlecht, attorney for Agiotage Limited, stated he was present to 369 acknowledge the efforts they have made over the years to try and G:\WPDOCS\PC5-8-01 .Wpd 2 036 Planning Commission Minutes May 8, 2001 reach an agreement with The Quarry. He wrote a letter to staff stating he had written to Mr. Morrow requesting him to respond in writing to a previous offer they had made to him. In his letter to staff he informed them that he had not heard from Mr. Morrow; however after he wrote that letter Mr. Morrow did call him. He repeated his request that they would like him to respond in writing with whatever he had to provide them with and Mr. Morrow declined. They have made very extensive efforts over a period of three or four years to reach an agreement and Mr. Morrow has declined at every step to try and work this out in some way that they believe is reasonable. As they were unable to reach an agreement, they pursued this alternative to see if they can do something with this property. 4. Mr. David Hogan, Center for Biological Diversity, stated his comments would be brief as most of their concerns were raised at the prior public hearing. He would, however, like to respond to some other points made by Assistant City Attorney Ramirez at the last meeting. The concerns raised in their first letter are not time barred in this situation under CEQA. The best example of this is that Fish and Game back in 1995 requested that the applicant and/or City provide a detailed mitigation plan of how the project impacts on the Big Horn were going to be mitigated up front as part of the subsequent EIR for public review and analysis. That was never complete and that is certainly relevant today because the same mitigation, that is a future unknown mitigation plan is still relied on here for mitigation for impacts from this particular action, the Addendum. The rationale of the CEQA court decision, as pointed out by the attorney, in the case of Chaparral Greens vs. City of Chula Vista, also does not apply to the Green project. In that court case it only addressed new information that was provided the Council prior to certification of the EIR, not after. In this case they have provided significant new information in evidence of changed circumstances since approval of the original 1995 EIR. In contrast here, there is significant new information and changed circumstances now available for Big Horn in relation to the Green project and those include, just to reiterate, significant decline of the Martinez Canyon ewe group since 1995; Federal listing as Endangered Species in 1998; Expert Recovery Team Essential Habitat identification in the year 2000; the formal Critical Habitat designation by the U. S. Fish and Wildlife Service in 2000; and the Big Horn Institute Urban Effects Study in 1999 or 2000. He also wanted to emphasize the Critical Habitat issue he did not 3 I 0 G:\WPDOCS\PC5-8-Ol.wpd 3 037 Planning Commission Minutes May 8, 2001 point out in his last letter, which was that Critical Habitat was in fact, designated over a portion of this site. He did not have the detailed maps to identify this at the time and have since got those and the portion of the project site to be impacted by this new access road to access the back lots and the back lots are all within designated Critical Habitat. Critical Habitat being those areas identified by the U. S. Fish and Wildlife Service to be essential for the conservation of the species and that is survival and recovery of the species as required by the Endangered Species Act. All this information clearly illustrates the need for a Subsequent or Supplemental EIR. The last thing was that he wanted to clarify a comment made at the last meeting where he quoted Mr. Jim DeForge of the Big Horn Institute over sheep number in the Martinez Canyon ewe group, and in response Commissioner pointed out that there had been a quote in the newspaper previously talking about how sheep numbers had been up in both ranges. He spoke with Jim DeForge specifically and he wanted to clarify that what he meant by that quote was that the sheep numbers had been up and that is only Iambs north of Highway 74 in both ranges meaning the northern Santa Rosa Mountains and San Jacinto Mountains. The sheep population numbers are down in the Santa Rosa Mountains south of Highway 74. It is an important distinction because the primary recovery unit of the species, how we will be able to judge whether or not the species is coming back from the brink of distinction, is whether or not ewe group population numbers are rising, not necessarily only populations of sheep in Anza Borrego State Park or Mexico. We need to know that all ewe groups are actually recovering and this is an important population in the southern Santa Rosa Mountains, Martinez Canyon ewe group. Thank you for your consideration. 5. Mr. Bill Morrow, representing the Quarry, stated that contrary to Mr. Schlecht's comments in his letter to the City, Mr. Morrow made a proposal in 1998, at which time they had meetings and turned down the proposal. Since that time he has met with Mr. Green, his wife and Mr. Anderholt, an attorney, on the site, in the last six weeks and made a proposal to them and has not had a response to that proposal. Since the last Commission meeting when it was suggested they get together, there has no request been made by Mr. Green or any of his people, to do so. They would be glad to do that if in fact they were asked to do, but were not. We have made a proposal and it has not been responded to. 371 G:\WPDOCS\PC5-8-Ol.wpd 4 039 3R Planning Commission Minutes May 8, 2001 6. Commissioner Butler stated that the attorney for Mr. Green has given the Commission verification that he has corresponded with him and yet there is no written responses from Mr. Morrow. Mr. Morrow stated he did not accept the reimbursement agreement of 1998, and stated only verbally that he did not agree with it and there is no paper trail that states that. He has seen correspondence from the Green party trying to solve some of these problems and he does not see anything in writing stating that he disagrees with that. Why does it have to be verbal on his side and written on Mr. Greens' side if he so adamantly disagrees. Mr. Morrow stated he is not an attorney and therefore does not get involved in that. The meetings they had after these letters, which occurred in Palm Desert with Mr. Green and sometimes Mr. Schlecht, they were very vocal as to the fact that they thought their offers were terribly unreasonable and did not justify a written response. To say that they were not responded to is totally incorrect. He never thought it was necessary to respond in writing. They met for an hour or so and it was pretty apparent when they left that meeting that they were not agreeing with anything. He is waiting for their offer, a rebuttal or counteroffer from the offer he made personally to Mr. Green six weeks ago. Commissioner Butler noted that is not in writing. Mr. Morrow stated he understood that, but that is the fact. 7. Commissioner Kirk asked for clarification as to what has happened between the two parties. Mr. Morrow stated he had initiated the phone calls to Mr. Schlect and had not received a response. He called back and they did talk and told him at that time they were available to meet. He had made an offer and there was no response. 8. Mr. Craig Bryant, Winchester Development, stated that as a point of clarification, his company represented both parties to obtain specific plan approval and the development of The Quarry. During the process of the Green Specific Plan, the Planning Commission and City Council at that time, went out to the site and viewed the area with respect to the road alignment that was being considered at that time. Both entities agreed there would never be a road there because of the scaring of the earth and what it would take to put a road there. In lieu of that, they suggested both parties get together and solve the road in terms of a common entrance for both of them to use, that being through The Quarry. To him the 372 G: \W PDO C S\PC 5-8-01 . wpd 5 0 3,9 Planning Commission Minutes May 8, 2001 relevancy of this meeting may or may not be within the purview of this body, but one thing is very clear, there was a promise made by both the Planning Commission and City Council that there would never be a road that goes in that direction on that course. How the two parties get together and work this out relative to a common access seems to be something they have to decide between themselves. 9. Commissioner Abels stated he was on the Commission at that time and he does not remember any promise at that time. 10. Commissioner Kirk stated he remembers going to the site, but is not sure it is the same field trip. Community Development Director Jerry Herman stated that field trip was in reference to the Hillside Ordinance and boulder fields. He did not remember any other field trip. 11. Commissioner Butler stated he was on a field trip and did go into The Quarry to look at those ten lots. Staff stated yes, in regard to the Hillside Ordinance. 12. Chairman Robbins stated the initial discussions were in 1994. 13. Commissioner Kirk stated that if this was the same field trip there was no promise made at that time in regard to a road. 14. Mr. Bryant stated the field trip he was referring to was several years ago and was thoroughly discussed at that time and should be referenced in the City Council minutes of that field trip. He would suggest the minutes be reviewed. 15. Mr. Schlecht, attorney for Mr. Green, stated he was involved with the project at that time and had many discussions with Mr. Bryant and there never was any discussions regarding the road. The issue of their having access through The Quarry came up when they discovered a public street was being abandoned. They made the issue before the City Council and perhaps the Planning Commission and the City then required The Quarry to supply them with an easement, which they did. They have an easement to go through The Quarry, but the problem is that the City, at that time, indicated that they would have to work out a reimbursement agreement with The Quarry to reimburse them for the cost of that road and that is where the issue is today. 37 3 G:\WPDOCS\PC5-8-Ol.wpd 6 040 Planning Commission Minutes May 8, 2001 16. Commissioner Kirk asked what the difference was between the two offers made between the two. Mr. Schlecht stated they offered Mr. Morrow $800,000 and Mr. Morrow wanted $2.7 million. Mr. Morrow was correct, he made it very clear on the phone that his client was not interested in an oral offer. First of all in a real estate offer it is ordinarily done in writing. He did not make it in writing and we told him we were not interested in his two lots and would he be interested in talking about more than two lots and Mr. Morrow stated absolutely not. Community Development Director Jerry Herman stated it is not the Commission's responsibility to resolve the issue between the two parties, but to address the applications before them. 17. There being no one else wishing to speak, Chairman Robbins closed the public participation portion of the hearing. 18. Commissioner Butler stated he concurs with staff in regard to the issue between the two parties. However, based on what is before them, he would grant the applicant's request because without the road he is landlocked and he should have the right to access his property. He would, however, like a condition added that if they do resolve the issue, the road would not be developed. Assistant City Attorney Ramirez stated he would recommend against a condition that basically removes the approval pending an agreement being reached between the two parties. That would place the City in the position of being an arbitrator with respect to this agreement. Commissioner Butler stated his concern is that if they approve the road and then they reach a settlement, they could still build the road. Assistant City Attorney Ramirez stated he would review the condition and report back to the Commission. 19. Commissioner Tyler stated his concern is that the conditional use permit is written in such a way that the developer has a blank check. In order for him to support it he would need more details in regard to where and how the road would be constructed. 20. Commissioner Abels stated he concurs with both Commissioners Butler and Tyler. 21. Commissioner Kirk stated there have been applicants before the Commission before where all parties were not in agreement and the Commission would like to find a way to please everyone, but maybe the best circumstance in this instance is to not please anyone. He believes Commissioners Butler and Tyler raised good 374 G:\WPDOCS\PC5-8-Ol.wpd 7 n�� Planning Commission Minutes May 8, 2001 points. He would suggest that even though the City does not want to be a mediator, the City has put themselves in that position with the original approval. We made it clear that we wanted the access to go through The Quarry, so we inserted ourselves into this discussion and into this debate. It would be nice if they could create a framework for some sort of an agreement. However, it appears there are two different styles here. One where the applicant prefers to work with his attorney who structures typical real estate deals and then Mr. Morrow who likes to sit down and work directly with the owner and find a common agreement. He agrees with Commissioner Butler that he would like to condition this to cause the parties to come up with an agreement. If this is not possible, he is leaning toward not approving the applicant's request. The precedent it could establish in developing in our hillsides is real and could open up additional development opportunities. This road is not necessary for the development of the Green property; is necessary for the development of a very few lots on the Green property as compared to the entire project. In regard to Mr. Hogan's concerns he would side with him on some concerns, but does not feel it is necessary to open the EIR. However, the impacts are significant enough to reject the applicant's request. 22. Chairman Robbins stated this was brought to them because the applicants were unable to resolve the problem. He agrees that putting the Commission in the middle of a dispute between two developers is not good. This is a small portion of the project and should not make or break the project. In regard to the environmental issues, he wants to make it clear that he finds the tactics of the Center for Biological Diversity deplorable to him. They are trying to blackmail an entire project over a relatively small change and if they truly feel that there is new evidence or changed conditions, then they should file a lawsuit and challenge the entire EIR. If there are going to be impacts to the sheep, the impacts are there whether or not the road is part of the project. Tying their reasons to the road is just a basic no growth issue. If this was the only issue he would be voting for the amendment to the EIR. 23. Commissioner Butler stated he would not want to have the road approved just for purpose of developing the ten lots, but the project was originally approved with the ten lots and the assumption that those ten lots would be accessible. Now we have another issue being raised in that if they do not approve the ten 375 lots, or access to them, are they opening themselves up to another G:\WPDOCS\PC5-8-Ol.wpd 8 0 42 Planning Commission Minutes May 8, 2001 problem by denying this project the value of those properties? If they deny the road and they land lock the developer are they denying something they have already approved. Community Development Director Jerry Herman stated the original Conditions of Approval allows them to develop the ten lots with access through The Quarry which does not land lock these lots, if they can work out a deal. They have an easement and it is an issue of how much they want to pay. If this is not approved the original approvals and conditions still govern this project. 24. Commissioner Kirk asked if this would be a "taking" if denied. Assistant City Attorney Ramirez stated no. The parcels have access. They have legal rights. They have an easement. The prior condition was worded in such a way that it was an agreement to agree. On an inverse condemnation claim, we do not have a denial of use, nor do we have any sort of land lock situation. What is being discussed here is the valuation of this cost sharing. Although he has not had the opportunity to analyze the issue, his view is that there is no inverse liability for purposes of land lock issue. 25. Commissioner Kirk asked if the Assistant City Attorney had any concerns regarding Commissioner Butler's suggestion. Assistant City Attorney Ramirez stated he did, but unfortunately he would not be able to articulate on them in light of not being able to look at the original condition. His view is that there is an opportunity prior to the City Council hearing for staff to look at it as to whether or not we have a denial and appeal by the applicant or that condition is imposed and it goes to the City Council. 26. Commissioner Butler stated that based on what he has heard from staff, he would not even propose the condition. 27. Chairman Robbins asked if the Commission determined to not allow the road, would they then not approve the Amendment to the EIR, Conditional Use Permit, or Specific Plan. If the Parcel Map was a lettered lot they would have to deny all the applications. Staff stated the Parcel Map could be conditioned to remove the lettered lots which would remove the road. Discussion followed regarding the Parcel Map. 28. Commissioner Kirk stated he assumed the major motivation for the t� Parcel Map was to sell off the lots. 370 G:\WPD0CS\PC5-8-01.wpd 9 0 4 3 Planning Commission Minutes May 8, 2001 29. Chairman Robbins stated the Parcel Map is motivated to sell lots off for development. 30. Commissioner Kirk stated that the circulation pattern had been changed to accommodate the road and he was not sure that was the best circulation pattern if the road was not approved. He asked if there was a parcel map presently on the project. Staff stated this Parcel Map defines the toe of slope to divide the hillside area from the developable land and also includes the road. 31. Chairman Robbins stated it appears there is some benefit in approving the parcel map. 32. Commissioner Kirk asked if the Addendum was denied, could they approve the parcel map. Community Development Director Jerry Herman stated yes, if the road was removed the parcel map would comply with the original Specific Plan approvals. 33. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2001-058 denying certification of an Addendum to Environmental Impact Report 94-287. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 34. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-059, denying Conditional Use Permit 99-047. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 36. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-060, denying approval of Specific Plan 94-025, Amendment #1. a. Remove any conditions that pertain to the access road. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 377 G:\WPDOCS\PC5-8-01.wpd 10 044 Planning Commission Minutes May 8, 2001 36. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-061, recommending approval of Parcel Map 28610, as amended. a. Lot "B" road shall be deleted. b. Condition #29: Stormwater falling on land developed for beneficial use, including common areas and roadways, during the peak 24-hour period of a 100 year storm shall be retained on site. The tributary area for which the developer is responsible shall extend to the centerline of the adjacent public streets. Storm water falling on undeveloped land dedicated as natural open space shall continue to drain into its historical drainage course. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. B. Conditional Use Permit 2001-059 equest of Sprint PCS Imperial Irrigation District for the installa ' of telecommunication apparatus to be located on an existing 100 of high tower at 81-600 Avenue 58. 1 . Chairman Robbin ened the public hearing and asked for the staff report. PI Wing Manager Christine di lorio presented the information c ained in the staff report, a copy of which is on file in the Com nity Development Department. 2. Chairm Robbins aske7edtower were a questions of staff. Commi ioner T r w already 100 feet in height. ed yess setb on the site. 3. There being no further nor y other public comment, Chairman Robbins closb' participation portion of the hearing and opened the ommission discussion. 4. Commissioner Butler asked tower was available to be sl that IID was aware, signed use of the tower. e Imperial Irrigation District (IID) and if IID agreed. Staff clarified application, and approved of the 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2001-062 approving Conditional Use Permit 2001-059, as recommended. 37 3 G\WPD0CS\PC5-8-01.wpd 11 0 4 ;l Attachment 4 Planning Commission Minutes April 10, 2001 7. There being no further discussion, it w ved and seconded by Commissioners Abels/Tyler to gipr lanning Commission Resolution 2001-046 approvinyllional Use Permit 2001-057, as recommend ROLL CALL: AYES: Commis ' ers Abels, Butler, Kirk, Tyler, a Chairman R s. NOES: None. ABSENT: ABSTAIN: e. 8. It was mov and seconded by Comm'issione els/Butler to adopt PI ng Commission Resolution 200 approving Site Devel ent and 2001-695, as reco nded. ROLL CF: AYES: Commissioners Ab . Butler, Kirk, Tyler, and Chairman Robbins. None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 94-287 Addendum Specific Plan 94-025 Amendment #1. Conditional Use Permit 99-047, and Tentative Parcel Map 28617; a request of Agiotage Limited/Mainiero, Smith and Associates for Certification of an Environmental Impact Report Addendum allowing a new access road for an approved master planned residential community of 277 hours; Development of a private road on a hillside slope exceeding 20 percent; Amend the Specific Plan allowing a 3,000 foot long private access road along the north side of a 330.70 acre property to serve ten custom lots; and a Tentative Parcel Map subdividing 330.70 acres into four parcels and other lettered street lots located at the bisection of the future Jefferson Street, approximately one half mile south of Avenue 58. 1. Commissioner Tyler asked Assistant City Attorney Ramirez that since they had just been handed this multi -page document pertaining to this project and somehow they were to absorb it and let it enter their thinking as they make a determination on this project, did they have to acknowledge the contents. He has objected previously and is objecting again to these 11th hour submittals and his question are: a) do they have consider at this late entry; and b) if they do need to consider it, can they continue it to allow adequate time to consider it. Assistant City Attorney Ramirez stated staff and his office have had time to review the letter and digest its contents and he will have comments on this letter during the hearing process. They will provide the Commission with an assessment of the letter as well as the impact, or reported impact, on the previously adopted EIR and 379 G:\WPDOCS\PC4-10-01.wpd 3 046 Planning Commission Minutes April 10, 2001 Addendum before the Commission. The Commission does have to consider it at this late stage as it has been provided prior to the Planning Commission meeting. Commissioner Tyler stated that may be well and good but staff and the Attorney's office are not the ones voting on the project. The Commissioners are and they have not had the time to digest its contents. Assistant City Attorney Ramirez stated he understood this and certainly it was not an ideal situation. Staff always encourages early participation but it is not always the case and the only thing staff can do is help the Commission understand the contents and impact of the contents. Commissioner Tyler stated he appreciated the advice, but his immediate reaction is to put it aside and dwell only on the information that was given to him in his agenda packet. 2. Chairman Robbins stated that sometimes the purpose of a late entry is to get the Commission to postpone their decision. Assistant City Attorney Ramirez stated the Commission could ask Mr. Hogan of the Center for Biological Diversity, who wrote the letter, why it was so late. 3. Commissioner Butler stated he concurred with Commissioner Tyler's comments and strongly resented the letter being presented at the last hour. If they have the ability to produce a document such as this they also have the ability to get it to the City in a timely for them to review it and not have to rely on staff to read and digest it for them. As he is voting on this tonight, he agrees with Commissioner Tyler, that he would reject the document based on the basis that he has never had the opportunity to even read it, although he recognizes that is nothing they can deal with at this meeting. He would like them to know if it happens again, don't come. 4. Commissioner Kirk stated he does not completely agree with his colleagues as he has been on the other end and often, and he is sure the Commission will hear from Mr. Hogan, and it is one mitigating factor, that they don't just have a letter but also have a person testifying and addressing the issues. Sometimes you do not have the time to prepare for public hearings and there may be factors the Commission is unaware of. It would be nice to receive notices in advance. However, the law is very clear on this issue. If it is submitted a minute before the hearing it is required that the Commission address and considered the contents during the hearing process. Therefore, he would strongly suggest the Commission not reject it out of hand. 380 G.\WPDOCS\PC4-10-01.wod 4 047 Planning Commission Minutes April 10, 2001 5. Commissioner Butler stated he did not disagree with what Commissioner Kirk stated. What he does disagree with is the opportunity to absorb the contents himself and he does understand that late arrivals do create more interest. 6. Commissioner Kirk stated he concurred and it would be nice to have the letter in advance, but again, the Commission is obligated under the law to consider everything presented. Assistant City Attorney Ramirez, stated that as the Commission goes through the staff report, staff and the City Attorney's office is of the view that the letter does not impact the Addendum at all which obviously the Commission has had time to review. 7. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 8. Chairman Robbins asked if there were any questions of staff. Commissioner Butler asked staff if this area was part of the area where the Commission had taken a field trip. Staff stated yes and showed the area on the map. 9. Commissioner Kirk asked where the grades were on the proposed roadway and where the 20% slope began and ended. Senior Engineer Steve Speer indicated on the map, the location where the road would cut into the toe of slope. Commissioner Kirk asked if the City had permitted road cuts in this type of slope. Staff stated something similar at the Tradition, but did not cross a ridge line. We have shaved across the face of slopes in various locations, the Point Happy project is the most recent. Commissioner Kirk asked if the right of way asphalt was noted by the grey on the map. Staff stated yes and explained the road. 10. Commissioner Butler asked staff to clarify that this road was being requested because they could not gain access through the Quarry. Senior Engineer Steve Speer explained there were two issues in regard to the Quarry. First was a vacation of right-of-way. Officially this property had had accessed the street right of way. There were no street improvements. Adams Street right of way was west of this location and Avenue 58 use to extend across the north side of the Quarry. As a condition of vacating that right of way and taking away access to the Green property, the Quarry is 381 obligated to enter into an agreement with this property to provide G:\WPDOCS\PC4-10-01.wpd 5 048 Planning Commission Minutes April 10, 2001 access. However, the two property owners have never been able to come to terms on what the cost sharing would be. Second, technically the Quarry is in default. They have never recorded the street vacation. When the City approved the final tract map for the Quarry they were again conditioned to provide access and it was to be mutually agreed upon between the two parties. They do have their map, but the street vacation has never been officially recorded and therefore, officially there is still street right of way at the Quarry passing through their golf course and several lots. 1 1 . Commissioner Kirk asked staff to explain what "default" means and why it occurred. Staff stated that when a street right of way is vacated, the City approves the concept with conditions and the developer has to satisfy the conditions before they have a final project. In this instance, the right of way is not considered vacated until it is recorded. The Quarry has never recorded the street vacation because they have never perfected the requirement of providing access to the property that will be denied access. 12. Commissioner Abels asked if there was any time line to complete the recording. Staff stated there was no timeline placed on them to complete the requirements. 13. Commissioner Tyler asked if the City had the ability to force the Quarry road so a road would not have to be constructed through the hill. Staff stated this may be the opportunity to do that. 14. Commissioner Kirk asked if there was an opportunity to condition the Quarry which is where the problem lies. Staff stated the issue before the Commission is the road which is the applicant's alternative as a result of not being able to reach a solution with the Quarry. This issue of the Quarry denying access to the Green property has come up time and time again. Staff has spoken with the attorney for Mr. Green where the Quarry was denying access to real estate people to show the property whereas before the Quarry allowed this. 15. Commissioner Tyler asked if this application of the road opened the whole Environmental Assessment process. Assistant City Attorney John Ramirez stated that to the extent the Commission was taking about potential impacts to habitat and the like, his answer would be no. It would not open up the conclusions drawn on the EIR or the Addendum. Commissioner Tyler stated the road 382 G:\WPDOCS\PC4-10-01 .wpd 6 049 Planning Commission Minutes April 10, 2001 only encompasses a small portion of the project. Is that what they are to limit their focus to. Assistant City Attorney John Ramirez stated that to the extent the Addendum and project before the Commission is this road, not the alternative right of way or the condition that was imposed on the Quarry. Commissioner Tyler asked if any issue other than the road was open for discussion at this time. Assistant City Attorney John Ramirez stated no, but as issues are discussed he can clarify whether or not it pertains to this application. 16. Commissioner Kirk asked, somewhat in jest if there was anything to stop someone from walking on that public right of way for Avenue 58 even though it was within the Quarry. Staff stated the public right of way exists, but he is sure someone would try to stop anyone from entering. Commissioner Kirk asked legal counsel if this was possible. Assistant City Attorney John Ramirez stated it was a question of right versus practicality. Certainly as a public right of way you would have every legal right to be on that public right of way, but obviously to the extent there are physical barriers that would be a practical impediment. 17. Ms. Saundra Jacobs, SFC Consultants, gave a presentation on the EIR Addendum prepared for this project. 18. Chairman Robbins asked if the Commission denied the Addendum, it would only deny the.road to the ten lots but the remainder of the project that was previously approved could proceed. Ms. Jacobs stated that was her understanding. 19. Commissioner Kirk questioned the Army Corp nation-wide permit process of a tenth of an acre. Ms. Jacobs stated that was correct based on their engineering calculations. Commissioner Kirk asked staff if they have had any conversations with the Corps regarding this project. Ms. Jacobs stated not with the Corps directly. However, as it moves through the process and should the applicant need a streambed alteration permit, the Corps will be consulted on that process and if the Corps decides it is more than a tenth of an acre based on their analysis, then there will need to be a modification in the road alignment or another alternative. Commissioner Kirk asked based on the Supreme Court's action, does staff believe the Corps has jurisdiction over this project. Ms. Jacobs stated that if they find that there is a blueline stream on the property, they will need to do a wetland analysis or wetlands 383 delineation to decide that and then the Corps would review that G:\WPDOCS\PC4-10-01.wpd 7 5 Planning Commission Minutes April 10, 2001 application for a nation wide permit. Commissioner Kirk asked if this was a navigable body of water. Ms. Jacob stated it was a blueline on the U.S.G.A. map. Commissioner Kirk asked if staff was familiar with the U. S. Supreme case. Ms. Jacobs stated she was not. Commissioner Kirk stated it was his understanding that there had been some changes in Corps policy. Has staff or legal counsel had any interaction with them regarding this. Assistant City Attorney John Ramirez stated he is aware of the case cited, but is not aware of any Corps policy changes in response to the case. He would argue that this was a case where they lack jurisdiction. Without knowing the Corps reaction to the case he is somewhat limited on providing information as to where they stand on the issue. Commissioner Kirk stated this is only one of the issues that the applicant may have many of. Ms. Jacobs added it is the same streambed crossing that the Quarry crossed when they developed. 20. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Marvin Roos, Director of Planning Services for Mainiero Smith, engineer representing the project, stated they were in agreement with most of the conditions. They would prefer to have taken access through the Quarry, but it is difficult to get two private parties to agree. 21. Commissioner Tyler stated this proposal is before them because no agreement could be reached between the two private parties; has everything possible been done in good faith to achieve this? Mr. Roos stated Mr. Green's attorney has been diligently working on this, but to no avail. They are before the Commission at this time as one of the things they believe necessary to create an atmosphere where they can reach a closure on this issue. They need to be able to negotiate from a position of having some rights as opposed to begging for rights. This is why they have asked for the road. It can be done very sensitively. It is their hope to not do the road, but if they have to, they are prepared to do so. 22. Chairman Robbins asked if there was any other public comment. Mr. Bill Morrow, representing the Quarry, stated they have been in every one of the discussions with Mr. Green and Mr. Schlecker over the last seven years and at no time has any proposal ever been made by Mr. Green to him as to what they would or would not do with regard to getting into their property. They are perfectly amenable and agreeable to allowing that to occur as it 384 G:\WPDOCS\PC4-1 0-01 .wpd 8 051 Planning Commission Minutes April 10, 2001 part of the agreement they reached in 1993, when they first developed the property and that has not changed. As late as last week he made the tenth, fifteenth, or twentieth proposal to Mr. Green and he did not respond to it. So, at no time have they made any contradiction, action, proposal, anything whatsoever to the Quarry and they have done it over and over again. So I think the conversation you are hearing from these folks is really coming out of the side of their mouth because they are agreeable to doing this. To run a road up here and change the City's hillside ordinance and so forth, to satisfy their needs, I think strictly has to do with money and they are not that difficult to deal with if they will come up with a proposal. They have not done so and he has done so over and over again and have no comment back from them. This has gone on for year after year after year. What the Commission is hearing is one side of the coin, but actual side of the coin is that they will do anything that is necessary to make this work and they do not believe this road is the proper answer. They have stated they are not here for the purpose of building the road, but or the purpose of negotiating with him and that should not have been necessary, hasn't been necessary. If they make a proposal, he will be glad to listen to it. 23. Mr. Bob Mainiero, Mainiero Smith and Associates representing Agiotage, stated he too has attended four meetings in Palm Desert with representatives of the Quarry and in his opinion there was never an effort to negotiate in good faith. Each time they left the meeting, with the conclusion was that there was going to be a lawsuit and Mr. Green did not want to pursue that avenue. 24. Mr. David Hogan, Center for Biological Diversity, offered an apology for the late date of the letter. It was an honest mistake. He had confused the date between the City Council hearing in May with this meeting and he apologized for submitting it so late. Obviously he would prefer they have the time to consider the points they brought up. He would like to request time to rebuttal to the City's attorney discussion after Mr. Hogan's presentation. Chairman Robbins stated that was not proper. He would be allowed an opportunity to make comments and the City would have theirs. Mr. Hogan stated his primary purpose in appearing is to request the Commission deny certification of the Environmental Impact Report Addendum for the Green and to request of the applicant submission of a subsequent EIR addressing new information and changed circumstances regarding the Peninsular Big Horn Sheep prior to reconsideration by this Commission and 385 G:\WPDOCS\PC4-10-01 .wpd 9 052 Planning Commission Minutes April 10, 2001 City Council. Some of the point are that the project applicant needs to prepare a subsequent EIR due to substantially changed circumstances and the availability of new information. He will hit on that information very quickly. That information includes substantial decline in the Martinez Canyon ewe group of Big Horn Sheep since consideration of this project in the original EIR. It also includes a listing of the species as a Federally Endangered Species by the U.S. Fish and Wildlife Service. Since listing there was the formation of a recovery team which came up with what's known as an "Essential Habitat Boundary" which includes the Green property in its entirety. The term "essential" relates to basically all habitat which is considered necessary for the survival and recovery of the species. That is why the recovery team developed the term and map that included essential habitat on the Green project as well as obviously elsewhere throughout the range of the species. The last point he would like to make on new information is that there has been a major comprehensive study on the effects of urbanization on Peninsula Big Horn Sheep produced by the Big Horn Institute and that contains a lot of new data about the effects, not only direct impacts from development, but the effects from lighting, noise, landscaping, all these things basically called edufacts on Big Horn Sheep populations and unfortunately are negative. All this information, the decline of the ewe group, decline of the Peninsula Big Horn Sheep numbers throughout the species range, Federal listing and the urbanization study are clearly changed circumstances. Federal listing of the Peninsula Big Horn Sheep as an endangered species also triggered a mandatory finding of significance not present during the CEQA review process. According to the case law right now, regardless of what is on the table tonight, the City has the obligation to consider any new information relating to this project and go back and require a subsequent EIR if that information has become available and has he has said it has become available. The last point is that there were many, many points made by the Department of Fish and Game on this project back on when they commented back in 1995. They commented both on the draft EIR as well as the Final EIR and found there was significant flaws in those documents and those documents did not respond adequately to those comments. That is another reason they would ask that this be revisited today Regarding the Corp jurisdiction issue, there has been no new regulations in response to the Supreme Court decision. The Salton Sea is a navigable body of water. This is a tributary to the Salton Sea Clean Water Act which places Corp jurisdiction over all waters 386 of the U.S. which are navigable and tributaries to navigable waters G:\WPDOCS\PC4-10-01 .wpd 10 (i 5 3 Planning Commission Minutes April 10, 2001 in the U.S. is his understanding. The Corp jurisdiction really has nothing to do with CEQA responsibility here to go back and do a subsequent Environmental Impact Report because they are completely separate processes. Corp jurisdiction falls under the Clean Water Act and this is a CEQA issue that is being considered now. There was also the assertion made that mitigation addresses all the new information that has come up since 1995. Unfortunately, as indicated by Fish and Game and in their comment letter, there has never been any release of the specifics of that mitigation. There is going to be what is called a "Habitat Management Plan", but Fish and Game pointed out in their comment letters, and he reiterates that tonight, that that plan was never presented for public review and comment and without that they do not know if that plan is going to be adequate to mitigate impacts to the sheep and that is probably one of the most important reasons for revisiting this. Ultimately, this project can proceed but it is going to be how the impacts of this project are mitigated, especially those edge -effects and the way light, increased human presents, as well as whether or not there is going to be any compensation for the direct loss of habitat. 25. Commissioner Tyler stated there was an article in the local newspaper stating how happy everyone was that the Big Horn Sheep were alive and well and thriving and had more Iambs this season than ever before. How does that equate to the picture he is painting here. Mr. Hogan stated he has not seen the article, but there certainly are not more Iambs than there ever were before. The sheep have undergone a precipitous decline since 1973 when it was originally listed under Fish and Game Code. There has been fluctuation in population numbers, but the overall trend has been downward. In the early 1990's was when there was the most significant decline and that was when the Martinez Canyon ewe group, which is found basically south of Highway 74 in the southern Santa Rosa Mountains took the biggest hit and that population has not recovered and this is based on a conversation he had today with Jim DeForge at the Big Horn Institute. Commissioner Tyler asked if his organization was publicly funded or private. Mr. Hogan stated they were a nonprofit private conservation organization endangered species advocacy habitat protection. It is membership funded as well as from foundations. 26. Commissioner Kirk asked if any further information had been received from Fish and Game relating to the Addendum. Ms. 387 Jacobs stated yes, they reviewed and concurred with the Addendum and had comment and that was the mitigation measure G:\WPDOCS\PC4-10-01.wpd 11 054 Planning Commission Minutes April 10, 2001 concerning the lake and streambed alteration permit. Commissioner Kirk stated Mr. Hogan indicated that going back to the 1995 letter which did express some concerns regarding the commitment or lack thereof of mitigation measures, have they repeated those concerns. Ms. Jacobs stated not during the course of this Addendum EIR. Any of the original concerns dealt with the Travertine property and how close it was to the Martinez Rock Slide south of it. The Habitat Management Plan is still a requirement for the project, but has not been prepared yet and any and all information that is available for the consultant who eventually prepares it will be made available. Keep in mind it is the applicant of the project who is responsible for that preparation. The City is not required to prepare it. Commissioner Kirk asked if there was any requirement for Fish and Game or other agency oversite to the substance of the Habitat Management Plan. Planning Manager Christine di lorio stated Fish and Game has to approve the Habitat Management Plan. Commissioner Kirk asked if that was for both specific Plans. Staff stated yes and there is an outline as to what is to be contained within the Management Plan and that outline came from Fish and Game. Commissioner Kirk stated that presumably if the Department of Fish and Game had any concerns about the details or lack thereof, of mitigation measures, they could address them through the Habitat Management Plan and/or streambed alteration permit process. Staff stated yes and this Habitat Management Plan has to be approved by Fish and Game prior to issuance of a grading permit. Mr. Hogan stated this is a subject of significant confusion because Fish and Game when they do the streambed alternation permit also has to also do the CEQA analysis. He is very confused about the process and has a feeling that they are more dropping the ball than agreeing actually to what is going on given their lack of staffing. His concern is that they will come in two months from now and say wait, wait, wait, we have these concerns and we have to do a CEQA analysis and it is their problem, but that is something that there would be no streambed alteration permit until CEQA was completed. 27. Commissioner Kirk asked if the Commission could ask the two parties to address the negotiations. 28. Chairman Robbins stated he heard two opposing positions on what had taken place in regard to negotiations and he did not know 38g whether or not it would be beneficial to hear from the two parties. G:\WPDOCS\PC4-10-01.wpd 12 () 5 Planning Commission Minutes April 10, 2001 29. Commissioner Kirk stated it is very confusing because one side says specific proposals have been put on the table and the other side stated no, perhaps they haven't. Perhaps he is confused by the facts in this case. Mr. Bill Morrow stated he has made proposals specifically in writing to Mr. Green on more than one occasion and have never ever once had any response in writing or verbally with a proposal back from him at any time. Mr. Mainiero stated he saw one proposal early on in the process. Independently he was asked by Mr. Green to prepare a cost estimate for what he believed to be the improvements related to access to the ten lots in the northwest corner and he did that. What he recalls is that Mr. Green offered three times what he calculated and that still was not acceptable. The proposal he saw from the Quarry had items that did not relate to access and no agreement was ever reached. In his opinion, as an engineer, the City should never have approved the final map without that compensation being resolved. Approving it and leaving it to the parties to resolve brings us here today. 30. Mr. Jack Becker, stated he was one of the owners of the Green property, and the thing that has motivated him most to speak was the commentary by the party representing fish and game. As he understands Fish and Game is a State entity, is that correct? Chairman Robbins clarified that Mr. Hogan did not represent Fish and Game. Mr. Becker asked if Fish and Wildlife was a Federal agency. Chairman Robbins stated that was correct. Mr. Becker stated he has owned the land for 20 years and envisioned what the Quarry eventually did only they did a fantastic thing out of a gravel pit. He envisioned a beautiful cove that he owns, a nice beautiful golf course with very low density which has happened literally everywhere. At that time there was only 100 flat acres and they basically had a couple hundred acres of Santa Rosa Mountains and has often wished the Quarry would buy that one little twelve acre section and forget these problems. Years ago he was trying to work out something to trade the Santa Rosa portion of their half section, approximately 200 acres of Santa Rosa Mountains, for some of the flat area that is contiguous to his land that belongs to the Bureau of Land Management (BLM). Section 32 is south of his property and there is a triangular section that is 70-75 acres. In the process he got a hold of Fish and Game, Mr. James Sarro, who was in charge of accessing property for Fish and Game. He had several meetings with him and they walked his property. He was concerned about the Big Horn Sheep and all the 389 other biological aspects involved in a big piece of property. He G:\WPDOCS\PC4-10-Ol.wpd 13 (15.6 Planning Commission Minutes April 10, 2001 asked Mr. Sarro if they could make a trade for the Santa Rosa Mountains for the flat area. Mr. Sarro stated the land belongs to BLM and he would see what he could. He has the documents to back up these conversations. Mr. James Sarro sent him a document stating that the actual property in Section 29 did not in any way affect the Big Horn Sheep and therefore they are not interested in acquiring the property. They were in favor of trading those mountains and keeping them as they are, for that land. He then contacted Ed Hasty at BLM in California, and Mr. Hasty called him and at that time Section 32 was part of a Wilderness Proposal and anything in that status with the Federal government can have nothing done to it. Even though it would have been a beautiful arrangement to trade off those mountains and let the BLM have them and let us have the 75 acres, we would of had enough land to have all the flat with the aesthetics of the mountains. It was a great thought, but because of the status of Section 32 it fell by the wayside. The point he is trying to make is that Fish and Game said this part of the Santa Rosa Mountains have no affect on the Big Horn Sheep. He did not hear all the dialog given by Mr. Hogan, but If he is trying to deny this request on the basis of Big Horn Sheep, he is trying to create a situation that has already been resolved by virtue of his former meeting with Fish and Game. He sat with the founders of the Quarry in make shift Council meetings before they ever built the Quarry. He loves the Quarry, but they did have an agreement. If they vacated Avenue 58 and Adams Street to public streets and give them access to their 12 acres, that was part of the agreement. He has been through the Quarry gate a lot of times and there has been times when they have denied him access even though the rule is they cannot deny him access. He does not want to get into that type of hassle. What bothers him is that the same person who built the Quarry did the specific plan on their property. If they can't come up with the exact figures there is something wrong somewhere. What is wrong with allowing them to build their road. 31. There being no further public participation, Chairman Robbins closed the public participation portion of the hearing and opened the subject to Commission discussion. 32. Commissioner Kirk stated Mr. Hogan has made some good points. Staff and the consultant have done a good job on the Addendum, but there have been some new issues that have cropped up. The other consideration he has is the comment that was made that suggested if the Commission did approve this perhaps negotiations 3 9 0 G:\WPDOCS\PC4-10-01.wpd 14 (l 5 7 Planning Commission Minutes April 10, 2001 would speed along between the two parties. Frankly, that wasn't a factor that he considered and maybe ought not to consider, it is interesting that if they were to approve a freeway to get to that site, maybe negotiations would immediately come to pass. He does have concerns about development over the toe of the slope and in particular over a ridge line, so the concerns raised several years ago by the Department of Fish and Game and more recently raised by Mr. Hogan do resonate with him. He would be interested in hearing how the rest of the Commission feels about these issues at the same time. 33. Commissioner Butler stated this is an issue bigger than approving an access to ten lots. If the Commission concentrates on access to ten lots and the toe of the slope issue, as brought up by Commissioner Kirk, he believes they have mitigated to some extent the issue about access to the ten lots in the path they have chosen to access those ten lots. The overall picture is that if they are approving the access to the ten lots, is it a negotiating tool to sell the ten lots to the Quarry. He is uncomfortable with the whole situation. It is not just saying yes on the basis of what we are presented by staff, this is what we should make our decision on. He gets conflicting messages that the owners of the Quarry are willing to allow access to the ten lots and if this were true, then this road would not have to go forward. He is confused. 34. Commissioner Tyler asked if the whole crux of this hearing has to do with the road that requires the Conditional Use Permit approval. If the CUP were denies the rest of it would be moot. Assistant City Attorney John Ramirez stated that was right, it is an extension of a package of entitlements before the Commission. The CUP is a necessary component of the road. To the extent there is a scenario that envisions the lessening a lessening of the grade perhaps that would ameliorate the need for a CUP, but as proposed, a CUP is required. Commissioner Tyler asked if the CUP was not approved the other resolutions would not be necessary. Assistant City Attorney Ramirez stated that if the CUP were not approved, the project would not go forward. The other approvals to some extent, are intertwined, but to another extent they stand on their own merit. Does the Commission want him to address the comments made by Mr. Hogan on the EIR? 35. Chairman Robbins asked legal counsel to address the comments made by Mr. Hogan. Assistant City Attorney John Ramirez stated there were three comments. One may be relevant or irrelevant, 391 G:\WPDOCS\PC4-10-01 .wpd 15 Planning Commission Minutes April 10, 2001 but as a quick background, the Center for Biological Diversity filed a lawsuit against BLM some time ago seeking to close a number of public access trails including the Boo Hoff Trail at the north end of the Cove. The lawsuit was scheduled to be settled by stipulation by the former U.S. Attorney's office and the Center just days prior to the prior presidential administration leaving office. A number of affected entities in the Valley were informed of this at the 11'h hour by the local office of the BLM and filed a brief in opposition to that stipulated settlement. Certainly the City encourages and does in fact encourage broad public participation of a wide variety of individuals and groups including the Center for Biological Diversity. Given the lack of participation by the Center with respect to other City projects for years prior, he raised the issue as to whether or not there is some nexus with the City's brief filed in that case which was merely five or six weeks ago and their participation here. That aside and dealing with the legal issues in the letter there are really two issues. The first is the original EIR adopted in 1995 for Specific Plan. That EIR studied thoroughly the impact to the Peninsular Big Horn Sheep and although there is documentation throughout the EIR, Pages 3.8-5 to 3.8-10, he thinks are particularly relevant including the finding as expressed in the EIR that potentially impacts to Big Horn Sheep are considered significant. This was included in the 1995 EIR. That EIR, as the Commission knows, was adopted on the basis of overriding considerations specifically dealing with the significant impact to the Peninsular Big Horn Sheep. To the extent the letter is trying to raise an issue as to the adequacy of the study, that is time barred by Public Resources Code Section 21 167.2. Certainly the Public Resources Code and the Guidelines make quite clear that one is not able to reopen previously approved EIR's when those EIRs considered the issue we have here which is the impact to Peninsular Big Horn Sheep. With respect to the allegations in the letter that there are changed circumstances, the City Attorney's office has reviewed along with staff and consultants and they believe there are no changed circumstances. The impact, as stated earlier, was studies in the 1995 EIR. A couple cases are relevant here, Sierra Club vs. Gilroy City Council, 1990 Court of Appeals decision 222 Cal.App.3d30 was a case involving the allegation that a discovery of an endangered species on a project site years after an EIR was adopted required a new EIR as opposed to an Addendum, and the Court rejected the Addendum on the basis that the previously approved EIR fully studied the significant impact to endangered spec Chaparral Greens vs. City of Chula Vista, 1996, 50 ies. A second case, Cal.App.4th 1134, again the 3 9 allegation that new information exists does not reopen the EIR G:\WPDOCS\PC4-10-01.WDd 16 r1 5 9 Planning Commission Minutes April 10, 2001 when the previously adopted EIR studied the impacts to species or habitat. Significantly, the consultant recognized the trustee agency, California Fish and Game has been working with the City on the mitigation measures. This is the agency that is statutorily obligated and charged with the enforcing the endangered species act. They have worked with the City and provided their thoughts on the Addendum and as the consultant stated earlier, the only issue they raised was with respect to the Streambed Alteration Permit requirement. The allegation that the 1995 letter and the issues contained therein were not resolved is simply wrong. In the comments received in the Response to Comments prepared in conjunction with 1995 EIR, there is ample documentation with respect the comments raised by the Fish and Game and responded to by the lead agency in the EIR. And finally, he might add, in reference to the allegation of impact and where we are with respect to the status of Big Horn Sheep, Jim DeForge's name was referenced with respect to the latest study, the latest newspaper article Commissioner Tyler referred to which is April 9, 2001, the heading is "Valley's Big Horn population is thriving". Jim DeForge is quoted, "the numbers are up in both ranges. So to the extent that there is an allegation of decline, this is not supported by this study, nor is it supported in the Recovery Plan adopted by U.S. Fish and Wildlife Service. So based on our review we think the Addendum is both adequate and appropriate. 36. Commissioner Tyler stated that if there was a written signed agreement between the two developers stating they have been unable to settle the issue, and the road is the only alternative, he would feel a lot different about it. We have double talk and dialog, but no hard facts have been presented. He shares Commissioner Kirk's concern about approving a road that goes over the toe of slope and ridgeline. There is nothing in the CUP as written that even limits it to a specific plan to show exactly where the road will go. Right now he cannot endorse the CUP. 37. Commissioner Butler stated he would agree with most of what Commissioner Tyler stated, but by the same token the Commission is being put into a position where they are denying access to a property owner which we have approved for the purpose of development. It is getting to a grey area whether they access it through Quarry or they access it through their own property. He is uncertain whether in fact we accept the toe of slope and access route they have chose, but he does not know if the Commission can stop them from accessing their own property. 3 He does not disagree with the points made, but with all other G:\WPDOCS\PC4-10-Ol.wDd 17 060 Planning Commission Minutes April 10, 2001 issues aside, the Commission does have to deal with the fact that this gentleman has the right to get to his ten lots. From that standpoint the Commission has to consider it and not just say no that CUP will not allow it. Once we say no, we have isolated his ten lots and if he does not settle with the Quarry, we are creating a problem. 38. Commissioner Tyler stated the Commission has considered it on various occasions in the past and the City Council has considered it. It is not a new issue. It has been around for many years. 39. Commissioner Kirk stated this issue does arise if we do have to allow some sort of development if that is the only development allowed. However, it is his understanding that because the Green Specific Plan includes lots of other developable area, this would not be considered a taking, at least not under the current interpretation of the law, because there is other land that can be developed. Assistant City Attorney John Ramirez stated yes, and we said we have vision access to prior processes which makes it a little different. He would generally agree. Commissioner Kirk stated he is concerned about the process at this meeting. The Commission has heard him address issues of signage, for example, chain stores versus the small businesses, and we have something similar here and it just came up in terms of the process. When staff receives correspondence it is generally included in the agenda packet and if those letters address issues they generally address those in the staff report. The Commission received a letter, at the last minutes, from the Center for Biological Diversity and it is an organization he is somewhat familiar with and for the most part, generally do not agree with their tactics or substance of their issues; personally or politically. At the same time he is really concerned about the process. Mr. Hogan asked if he could rebut the likely comments made by our City Attorney. We held off on the City Attorney comments until after the public participation portion of the hearing and to him that is wrong. He finds that disagreeable, unfair, and if City staff did that on every letter that came in they would have a lot of unhappy residents and justifiably so. The Assistant City Attorney did a fine job of rebutting the issues and was very articulate and he had a very well prepared rebuttal to Mr. Hogan's points and that should have been made in the staff report to give Mr. Hogan a chance to address those issues. Therefore, he has a real concern about this and he hopes this does not happen in the future. He finds it certainly 39�i inappropriate at the best. G:\WPD0CS\PC4-10-01.wod 18 061 Planning Commission Minutes April 10, 2001 40. Commissioner Abels stated there was no time for this to have been included in the staff report. 41. Commissioner Kirk stated he agreed but yet the City Attorney had time to prepare a well planned verbal response that should have been included in the staff report to give to those in the public a chance to rebut or address those issues. Assistant City Attorney John Ramirez stated they could reopen the public participation of the hearing if the Commission wanted to provide for nominal rebuttal time. Commissioner Kirk stated he has significant concerns. He does not think that is fair. I do not think the Commission should do that to people who go out of their way to come to the public hearing and don't have a chance to address the issue. He would leave it up to the Chair as to whether he would reopen the public hearing. 42. Chairman Robbins stated everyone has been focusing on the EIR portion and no one has made any comment on the Specific Plan or whether any of the addendum or changes to the Specific Plan are appropriate and he would like to say that we also need to look at the Specific Plan changes and one of the changes he has found significant is that it does not address landscape guidelines or any other issues. If they get the point of approving this project, he would like to add some conditions that they develop landscape guidelines that conform with the City's landscape ordinance. He has a questioned as to whether approving the Addendum opens the 30-day review process for the entire EIR to challenge. Assistant City Attorney John Ramirez stated he does not know the statue as to challenging the Addendum. It perhaps is 30 days, but certainly it does not open up a challenge to the previously adopted EIR. Chairman Robbins stated his concern was that by approving the road it would reopen the EIR for challenge. Assistant City Attorney John Ramirez stated pursuant to Public Resources Code Section 21167.2 and others perhaps, it is quite clear that the previously EIR is time barred from subsequent challenges. Chairman Robbins clarified that only the relevant issues to the Addendum could be challenged. Assistant City Attorney John Ramirez stated the question is that pursuant to CEQA Guidelines is the Addendum a permissible way to go under CEQA. Chairman Robbins stated it has been intimated by one side or the other that the Quarry is not cooperating with this whole process and there is a whole issue with the Quarry with public right of way going through their golf course and several of their lots. Is it at the 395 discretion of the Commission that if a future request came through for the Quarry for a approval of something, that the Commission G:\WPDOCS\PC4-10-01 .wod 19 062 Planning Commission Minutes April 10, 2001 could deny any future approvals on the Quarry until matters of right of way, vacation, and access were resolved. Assistant City Attorney John Ramirez stated he was hesitate to answer this in the absence of a specific project or scenario. Certainly, he would recommend that the Commission look at this project in isolation. Obviously, there is background that is relevant, but he is uncomfortable answering as to what future options there are to condition the Quarry. As he understands the previous condition, it is something akin to agreeing to agree and obviously by all accounts, has not happened yet. Chairman Robbins stated Mr. Hogan made some comments relative to what essential habitat is and he would like to comment that to his understanding, essential habitat has absolutely no legal standing under the law and it was a term developed specifically and exclusively for use in the Big Horn Sheep. The law has critical habitat which has since been established which has a different boundary than the essential habitat and the essential habitat was something made up for the purposes of the Big Horn Sheep Recovery Plan. He also has had the opportunity to discuss Big Horn Sheep issues with Fish and Wildlife personnel and have discussed Big Horn Sheep close to this property and in all his discussions, the Green property was not of concern with Fish and Wildlife while the Travertine was of grave concern to Fish and Wildlife. The last issue he would like to raise is that he would like to apologize to Commissioner Kirk and the other Commissioners, after listening he agrees with Commissioner Kirk and should have conducted the meeting differently and that would have been the proper way to do it. 43. Commissioner Kirk stated he had a creative or foolish suggestion. As pointed out, the Commission is in a difficult position. He would therefore, suggest continuing this and ask the parties to work together on the access issue with a neutral third party present. He would then like to see them come back with an arbitrator or City Attorney's third party assessment and perhaps with some support from the City Engineer on the value of the access and appropriate maintenance cost and the like. That could influence their decision in the future. If they do not do this at this stage, he agrees with Commission Tyler that he would not be comfortable with the application. There are too many questions that have been raised and he would vote against it at this stage. 396 G:\WPDOCS\PC4-10-01 .wpd 20 063 Planning Commission Minutes April 10, 2001 44. Commissioner Abels concurred and he would like to make a motion that this be continued to another date that would be agreeable with the two parties concerned so they can resolve this issue. 45. Chairman Robbins asked the Assistant City Attorney if the Commission could make such a motion. Assistant City Attorney John Ramirez stated they can vote to continue the hearing and provide guidance as to what the Commission wants brought back. 46. Commissioner Tyler stated he seconded the motion. 47. Commissioner Butler asked if they decided to vote at this meeting, it was obvious that they would unanimously deny this effort, and if it moved on to the City Council for their decision, are they pushing the applicant to meet and mediate with their neighbor? By going this way they are opening the time frame to allow them to resolve the issue. 48. Commissioner Kirk stated he would like to ask the applicant and he is not sure it is a unanimous disapproval and he is not sure if they came back, based on a neutral parties assessment, how he or others would vote. He asked the two parties for their opinion. Mr. Bob Mainiero asked if the Commission wanted it back or would they prefer the project to go forward. Discussion followed regarding the options. Chairman Robbins recessed the meeting at 8:55 p.m. and reconvened at 9:04 p.m. 49. Chairman Robbins asked Mr. Mainiero what they would prefer. Mr. Mainiero stated that in the interest of good faith and cooperation they are willing to try negotiations. Mr. Morrow stated he made a proposal to Mr. Green just last week which was not responded. He would be glad to meet with Mr. Green at any time with a 24-hour notice. He has no interest in meeting with an engineer or attorney. He would like to meet with the principal, the person who can make the decision. If he would like to do that he would be more than pleased to do that. If the Commission would like a referee in the room to not necessarily negotiate, but to hear both sides and make suggestions, that would be fine. He is available at any time as he has been for the last seven years. 50. There being no further discussion, it was moved and seconded by 397 Commissioners Kirk/Abets to continue this item to May 8, 2001. Unanimously approved. �, 064 Planning Commission Minutes April 10, 2001 D. Zoning Code Amendment 2000-068; a request of the City for an Amendment to Section 13.20.115 - Amending Maps, of the Municipal Code to allow approval of final maps by the Community Development Director. 1 . Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked what initiated this. Staff stated map changes were requested to be made by the applicant under a lot line adjustment. This does not allow for a public hearing. Senior Engineer Steve Speer explained that an amending map is done when there is a map recorded and you want to change the configuration. There are two levels of amending maps. If there is something technically wrong, it is doe at the staff level. If there is a reconfiguring of the lots it has to go to a public hearing and in the amending map process you can only focus on the issues of what is being done to the map. You can no longer condition the map. If you do not like what they are doing you can deny the map and in that case the applicant could go back through the tentative tract map processing process and then conditions could be added. Because it is limited only to the changes that are being made to the map, and we do want some type of public hearing process, staff is trying to take it to the Director's level rather than through two legislative bodies. To amend a map you have to own all the lots in the property or have consent from all the property owners in the tract, therefore, it usually is limited to a developer because they have control over all the lots. 3. Chairman Robbins asked if under the amending process are you allowed to create any additional lots. Staff stated no. 4. Commissioner Tyler commented on the staff report. 5. Chairman Robbins asked if there was any other public comment. 6. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 398 G:\WPDOCS\PC4-10-01 .wpd 22 065 Planning Commission Minutes April 10, 2001 7. There being no further discussion, it was moved and seconded by Commissioner Tyler/Butler to adopt Planning Commission Resolution 2001-048 recommending approval of Zoning Code Amendment 2001-068, as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE /ID WRITTEN MATERIAL: None. VIII. COMMISSIONE A. Commi loner Tyler gave a report of the City Council meeting of April 3, 2001 IX. ADJOUR There being no further business, it as moved and seconded by Commissioners Abels/Butler to adjourn this regular eeting of the Planning Commission to the next regular meeting of the Planning C mission to be held April 24, 2001, at 7:00 p.m. This meeting of the Planning Co mission was adjourned at 9:18 p.m. on April 10, 2001. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 399 G:\WPDOCS\PC4-10-01 .wpd 23 0166 P��5 PLANNING COMMISSION RESOLUTION 2001-_ A RESOLUTION OF THE PI—ANNI G COMMISSION OF THE CITY OF, LA QUINTA, CALIFORNIA, mECOMMENDINIII- CERTIFlepffe"F AN ADDENDUM TO ENVIRONMENTAL IMPACT MPORT 94-287 PREPARED FOR SPECIFIC PLAN 94-025 (AMENDMENT #1), CONDITIONAL USE PERMIT 99-047, AND TENTATIVE PARCEL MAP 28617 CASE NO: ENVIRONMENTAL IMPACT REPORT 94-287 ,I1 , 4ff AP LICANT: AGIOTAGE LIMITED WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h day of October, 2000, and 101" day of April, 2001, hold a duly noticed Public Hearings to consider an Addendum to Environmental Impact Report #941 12047 (EA 94-287), as prepared for Specific Plan 94-025 (Amendment #1), Conditional Use Permit 99-047, and Tentative Parcel Map 28617; and WHEREAS, said application 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 Addendum to Environmental Impact Report 94-287 pursuant to CEQA Guidelines 15164; and WHEREAS, the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR (State Clearing House No. 94112047) for Specific Plan 94-025 encompassing 331 + acres and allowing 277 single family residential houses bordering open space, hillside areas. WHEREAS, the revised project is a minor technical addition, which will include redirecting a street from Jefferson Street along the northern portions of Parcel 2 and 4. The private street will be approximately 3,000 lineal feet with a right of way 400 005 A:\ResoPC EA SPGreen.wpd - 44 Greg T. Planning Commission Resolution 2001- Environmental Assessment 94-287 April 10, 2001 Page 2 width of 50 feet. However, only 1,600 lineal feet will cross through Parcel 4 where re there was previously no disturbance. T no t e property. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did recommend the following facts, findings, and reasons to justify a recommendation to certify said Addendum: 1. The proposed Specific Plan Amendment and related applications will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigations of the site were conducted in 1994 for the project, subject to mitigation alternatives. 2. The proposed Specific Plan Amendment and related applications will not have the potential to achieve short term goals. 3. The proposed Specific Plan Amendment and related applications will not have impacts which are individually limited, but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed project is undertaken pursuant to the Specific Plan for which a Final EIR has been certified. 4. The proposed Specific Plan Amendment and related applications will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates single family residences, private roads and other related infrastructure improvements previously addressed in the certified Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the recitations are true and correct and constitute the findings of the Planning Commission for this Addendum to Environmental Impact Report #94112047 (EA 94-287). 401 AAResoPC EA SPGreen.wpd - 44 Greg T. 01006 2. That it does hereby recommend certification of the Addendum to Environmental Assessment 94-287 for the above -cite projects. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 101" day of April, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: CHRISTINE DI IORIO, Acting Community ueveiopmem �11­, City of La Quinta, California 400, A:\ResoPC EA SPGreen.wpd - 44 Greg.T. 007 DRAFT ADDENDUM ENVIRONMENTAL IMPACT REPORT FOR Green Specific Plan Addendum to the Certified EIR SCH# 94112047 Prepared For. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact. Ms. Christine Di lorio Prepared By: SFC Consultants 26012 Marguerite Parkway, Suite H424 Mission Viejo, CA 92692 Contact: Ms. Saundra F. Jacobs, REA (949) 348-1233 March 19, 2001 REC'_I4 EG \ APR - 5 2001 403 26012 Marguerite Parkway, Suite H424, Mission Viejo, CA 92692 Toll free: (888) 212-1558 Telephone: (949) 348-1233 Fax: (949) 348-1433 Email: sjacabs@sfcconsultants,com 008 00 Table of Contents PAGE ITEM 3 Intro_du Role of the Addendum EIR 3 3 Decision to prepare an Addendum EIR 4 Background 4 o.niart Description Approved EIR Project Description 4 4 Addendum Project Description 6 Findings and Facts 6 and Use 6 Traffic and Circulation 7 Noise 8 Air Quality g Water Resources g Soils/Geology/Seismic 9 Hydrology 10 Biology 13 AestheticsNisual 13 Cultural Resources 13 Recreation Population, Housing and Employment 14 14 Risk of Upset 15 Public Services and Utilities 16 Regional Location Map 17 Local Vicinity Map 18 Site Plan SFC Consultants 404 009 Introduction Role of the Addendum EIR SFC Consultants (SFC) understands that the City of La Quinta, in compliance with the California Environmental Quality Act (CEQA), as amended 1999, requires that an Addendum Environmental Impact Report (AEIR) be prepared for minor additions or clarifications to the Final EIR for the Travertine and Green Specific Plans (SCH# 94112047). certified as adequate on June 6, 1995. Regional, Local and Site Plan Exhibits have been attached to this Addendum EIR. Modifications are proposed to Parcel 3 of the Green Specific Plan by redirecting a private street northwest from within Parcel 2 of the Green property, e siEe (f�rcel �. A total of 1.8 acres, out of the 211.51 acres within Parcel', will bedisturbed. The private street is proposed to be extended from the northern most of three potentiaI entry points along Jefferson (However, no tentative tract maps or internal design layouts have been approved by the City). The private street will approximately 3,000 lineal feet from Jefferson Street to the boundary of the ten lots with a n htof-way width of 50-feet. However, only 1,600 lineal feet (1.8 acres) will cross through Parcel were there was previously no disturbance. Refer to the project description on Page 5 for this Addendum for a detailed discussion. The private street addition is proposed within the boundary of the Green Specific Plan area and will require the following land use approvals: An amendment to the Circulation Plan within the Green Specific Plan is required because the original access to the 10 lots in Parcel was proposed from The Quarry developed to the north. Access is now proposed from one of the three potential access points along Jefferson Street within Parcel 2 (medium and low density land use), through Parcel (open spacelrecreation), to gain access to Parcel (very low density land use). A Conditional Use Permit is required to allow the private street to cross the hillside within Parcel 3, per Zoning Code Section 9.1.40.040. A parcel map for the subdivision of property is required in order to separate the open space area (Parcel from developable areas (Parcels 1, 2 and 4). The private street is proposed as an easement from Jefferson Street to Parcel3. The road will facilitate the future development of Parcel3. No land use designations are proposed to change with the Addendum EIR. The lumto an EIR. CEQA sections state is Theon CEQA se CEQA following: Article 11, Section 15164(a, c, d, e), Addend Section 15164(a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR If some changes or ons are necessary but none of the described inSection 15162 calling for prprep aration tion of a subsequent EIR have occurred.tons 405 010 Section 15164(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. Section 15146(0 The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. Section 15164(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Decision to prepare an Addendum EIR (Section 15164(e)) Pursuant to Section 15162, a brief explanation of the decision not to prepare a subsequent EIR has been included in this Addendum EIR for inclusion with the City's findings on the project. Section 15162(a)(1) — Substantial changes are not proposed and will not require major revisions to the previous EIR. The modification to Parcel 3 of the Green Specific Plan is a minor technical addition, as described by CEQA Section 15161(a)(1), which will include redirecting a private street from within Parcel 2, through the northern portion of Parcel$. The purpose for this modification is to gain access to ten lots in the northwest portion of the Green property (Farrell). The Facts and Findings outlined in this Addendum EIR are based on review of the previously approved Draft EIR and Technical Appendices, and Volumes I and II of the Final EIR. Volume I of the Final EIR contains the Comments and Response to Comments on the Draft EIR after public circulation. Volume II of the Final EIR contains the Mitigation Monitoring Program. No significant new environmental impacts, not previously addressed, are anticipated. Previous reports are applicable to the Green Specific Plan, as proposed to be revised. The previously approved Mitigation Monitoring Program remains applicable and enforceable. Background The Travertine and Green Specific Plans were both certified as adequate by the La Quinta City Council on June 6, 1995. The Green Specific Plan development provides design guidelines and development standards for 277 housing units on approximately 331 acres. Approximately 231 acres are above the toe of slope and have been reserved as open space. Access to ten lots in the northwest portion of the Green Property was originally proposed as an extension from The Quarry residential and golf course development to the north of the site. Subsequent to approval in 1995, access from The Quarry has been changed to the proposed private street. FIr 011. The Keith Companies (TKC) previously prepared the Draft and Final EIRs for the Travertine and Green Specific Plans in March 1995. The Draft and Final EIR studied the impacts associated with development of the Green and Travertine properties. Mitigation measures were outlined within a Mitigation Monitoring Program with regard to mitigating impacts to less than significant levels. In some cases, mitigation measures only mitigated impacts to the extent feasible. These impacts were approved by the La Quinta City Council with overriding considerations. The private street addition neither adds to existing impacts nor requires additional mitigation measures, which may necessitate re -circulation of the document. Project Description Approved Green Specific Plan EIR Project Description The Green Specific Plan project description included design guidelines and development standards for 277 housing units on approximately 331 acres. Approximately 231 acres are above the toe of slope and have been reserved as open space. The gross project density would be less than 1 unit per acre. The three product types approved for the Green Specific Plan are as follows: 1) Cove lots (medium density) with a minimum 8,000 square foot lot size, are located on the eastern portion of the site; 2) Estate lots (low density) and Cove lots on 10,000 square foot minimum lots, with a buffer on the open space areas on the west; and 3) Custom lots (very low density) located at the northwestern comer of the project site adjacent to The Quarry development, which consists of 30,000 square foot lots, Project access would be provided via three entry points off of the proposed Jefferson Street alignment. Access to the ten custom lots in the northwest portion of the Green Property was originally proposed as an extension from The Quarry residential and golf course development to the north of the site. Subsequent to approval in 1995, and as discussed below in the Addendum Project Description, access from The Quarry has been changed to the proposed private street. Addendum Project Description The project proponent proposes a modification to the Green Specific Plan by redirecting a private street from within Parcel 2 of the Green property in order to gain access to ten lots in the northwest portion of the site (Parcel). As noted above, original access to the ten lots was proposed from the north via The Quarry. The private street is proposed to be extended westerly from the northern most of three potential entry points along Jefferson within the Green property. The private street is proposed to be approximately 3,000 lineal feet from Jefferson to the boundary of the ten lots with a right-of-way width of 50-feet. However, only 1,600 lineal feet will cross through Parcelfwere there was previously no disturbance proposed. Therefore, a total of 1.8 acres of land, out of the 211.51 acres within Parcel F will be disturbed. The access point from Jefferson for this private street will likely be from the northeast corner of the Green property. A secondary emergency access point will be required by the City through The Quarry development. 407 012 Ffndinas and Facts The Travertine and Green Specific Plan EIR identified significant or potentially significant environmental tiatheassociated findings, with re required by Sectiin on21081 Section III of the EIR. of the CaliforniaCal fora a Environmental e findings, and facts supporting Quality Act (CEQA) and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. ➢ Land Use: The current zoning for the Green property consists of the following: LDR-Low Density Residential. This zoning is based on Specific Plan 94-025 approved by the City of La Quinta City Council in 1995. Findings The imposition and enforcement of the conditions and mitigation measures resolve inconsistencies within existing City General Plan and zoning map designations. The proposed private street will not require the conversion of any portion of previously approved open space areas within the Green property. Emergency access to the ten custom lots would be improved by the proposed Addendum Project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. pThe proposed private reviously approved open rspace eet la e s wl not ithin the Green propertyuire the conversion f any portion of the previously PP ➢ Traffic and Circulation: A Traffic Impact Study was prepared by Endo Engineering in October 1994 for the Travertine and Green Specific Plan EIR, The Traffic Impact Study provided the basis for the mitigation outlined in the Certified EIR. Jefferson Street is not currently constructed and is proposed for improvement as part of the developments for both Travertine and Green properties. The Green Specific Plan provides three possible access points from Jefferson Street. No tentative property. maps or street alignments have been approved by the City for the GreenThe current Addendum EIR proposed for this private street extension would utilize one of the three access points (northerly most). Access to the ten custom lots in the northwest portion of the Green property was originally proposed as an extension from The Quarry residential and golf course SFC t3onsWtants 013 6 development to the north of the site. Subsequent to approval in 1995, access from The Quarry has been changed to the proposed private street. Findings The capacity of a typical two-lane road is 10,000 to 12,000 vehicle trips per day. The ten lots within the Green property will generate approximately 150 trips per day. No additional traffic impacts will be generated with the extension of the private street. The private street addition will require an amendment to the Circulation Plan within the Green Specific Plan, and as such, a Conditional Use Permit is required to allow the private street within the hillside per Zoning Code Section 9.1.40.040, and parcel map for the subdivision of property. Access to the ten custom lots would be improved by the proposed Addendum Project. A secondary emergency access point will be required by the City though The Quarry development. No significant, short -tens, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional traffic impact not already addressed in the Green Specific Plan EIR. ➢ Noise: A Noise Impact Study was prepared by Endo Engineering in November 1994 for the Travertine and Green Specific Plan EIR. The Noise Impact Study provided the basis for the mitigation outlined in the Certified EIR. Findings Within the Draft and Final EIR, the ten lots were originally proposed to gain access from The Quarry development to the north. The noise formerly associated with traffic within The Quarry will be transferred to the new proposed access road. No additional noise impacts will be generated with the extension of the road. As noted above in the Traffic section, the ten lots within the Green property will generate approximately 150 trips per day. These 150 vehicle trips will not increase the noise levels not already discussed in the Travertine and Green Specific Plan Draft and Final EIR. 409 014 Noise related to construction of the road will be required to abide by the mitigation measures approved within the Certified EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional noise impacts not already addressed in the Green Specific Plan EIR. ➢ Air Quality: An Air Quality Impact Study was prepared by Endo Engineering in November 1994 for the Travertine and Green Specific Plan EIR. The Air Quality Impact Study provided the basis for the mitigation outlined in the Certified EIR. Findings The air quality impacts associated with traffic from the ten lots was originally discussed and mitigated to the extent feasible within the Travertine and Green Specific Plan Draft and Final EIR. Significant short-term impacts to air quality will result with implementation of the Green Specific Plan. However, no additional air quality impacts will be generated with the extension of the road. Air Quality impacts related to construction of the road will be required to abide by the mitigation measures approved within the Final EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The Green Specific Plan will result in significant short-term impacts to air quality (as identified in the Certified EIR). b. Overriding considerations were approved by the City Council for impacts within the Green Specific Plan that remained significant after mitigation. c. The proposed private street will not generate additional air quality impacts not already addressed in the Green Specific Plan EIR. 015 ➢ Water Resources: Findings d custom lots will not increase the water Construction of the private road to the ten approve supply/demand or sewer needs discussed in the Certified EIR. Facts The City Council has based its fin public comments, previous written written testimony and other evidence particularly the following facts: The proposed private street will not generate additional water/sewer issues not already addressed in the Green Specific Plan EIR. a. ➢ Soils/Geology/Seismic: dings upon the project's Final EIR, previous written responses to comments and all previous oral and presented at the public hearings on this project and Findings The private road extension would be constructed within Carsitas Gravelly Sand and would not result in significant impacts from a soils and geology standpoint. In addition, the Green property, including the proposed private street right-of-way, are not located on designated prime agricultural soils, nor are they within the Coachella Valley Blowsand region. Therefore, with implementation with geology and seismicity ing lolon measures from the Certified n the private road would be less than impacts associated with soil, g gy significant. No additional soil, geology or seismic impacts will be generated with the extension of the road. Facts The City Council has based its findings upon the project' Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: et a The not already addressed intheGreen Specific Plan EIR. l not generate additional soil, geology or seismic ➢ Hydrology: stormwater analysis was prepared by Mainiero, Smith and Associates, Inc. August 29, A A so, and was performed for the proposed private street extension using the Riverside County Flood ControllAES unit-hydrograph program. A summary of the stomtwater analysis has been provided below. The report in its entirety is available at the City of La Quinta Public Works Department. SFC Consultants 411. 016 Findings Surface drainage under the proposed private street flows from two watershed areas. One watershed is approximately 320 acres in size, and the second is approximately 125 acres. These two watershed areas would result in a combined 100-year (Q100) stormwater flow of approximately 522 cubic feet per second (cfs). In order to contain 522 cfs during a 100- year storm event, a culvert at the road drainage crossing would be required. The stormwater analysis indicates that a double box culvert, 5 feet wide by 5 feet deep (each barrel) would allow the lower flows to pass under the proposed road. The full capacity of the double box culvert would be in excess of 1000 cfs without any debris. The imposition and enforcement of this condition and mitigation measure will substantially reduce the significant, or potentially significant effects of the project on hydrology. Therefore, project impacts will be reduced to a level of insignificance. Existing local hydrology and hydraulics would be marginally affected and improved by the proposed project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed improvements will help alleviate potential "washout" of the new private road. ➢ Biology: A biological assessment was conducted for the Green property by Thomas Olsen Associates in June 1994. The biological assessment provided the basis for the mitigation outlined in the Certified EIR. Findings ✓ The imposition and enforcement of the conditions and mitigation measures within the Draft and Final EIR attempt to mitigate biologically related impacts to less than significant levels. However, the loss of natural habitat, prescribed sensitive animal species habitats (including the prairie falcon, blacktailed gnatcatcher, loggerhead shrike, desert tortoise, the Palm Springs Round -tailed Ground Squirrel and sensitive bat species habitat's), and the loss of sensitive plants species remained significant after mitigation. Cumulative impacts to the Sonoran Creosote Bush Scrub, desert dry woodland plant and animal communities remained significant and unavoidable after mitigation. 412 10 017 RESOLUTION NO. 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 28617 - AGIOTAGE LIMITED JUNE 5, 2001 GENERAL 1. This Map approval shall expire and become null and void on June 5, 2003, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. Tentative Parcel Map 28617, dated April 5, 20Q1, shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unlessl" otherwise modified by the following conditions. y ,1'�y 2. The developer/property owner agrees to indemnify, defe and hol harmless 5�� the City of La Quinta in the event of any legal claim or litig tion a ising out of V the City's approval of this project including but not limited to de nifying and holding harmless the City from any challenge regarding SP 94-0 5 Amendment #1), Final EIR 94-287 Addendum, TPM 28617 and CUP 99-04 The City of La Quinta shall have the right to select its defense counsel in its le discretion. �s 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 and y. those exhibits contained in the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 5. Prior to the issuance of a grading 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 and/or agencies: * Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department 413 MCond cc TPM28617Green .mpd - 50 Greg T. Page I of 15 OlR Resolution No. 2001- Conditions of Approval--- Recommended Tentative Parcel Map 28617 June 5, 2001 Page 2 * Riverside County Environmental Health Department * Desert Sands and Coachella Valley Unified School Districts * Coachella Valley Water District (CVWD) * Imperial Irrigation District (IID) * Verizon * California Regional Water Quality Control Board (NPDES Permit) * Time Warner * Sunline Transit 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 6. The Specific Plan EIR shall be used in the review of all project proposals in the Specific Plan 94-025 area. Said mitigation measures are hereby incorporated into these conditions by reference. 7. Prior to issuance of the final map the applicant shall make the following lot designations: A. The "Open Space" portions of Parcels 1 and 2 shall be designated as separate lettered "Open Space" lots (i.e., Lots C and D). 8. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 9. The applicant shall dedicate an easement or reserve unto themselves, their successors, and assigns an undevelopable natural open space easement over lettered lots "C" through "D" (designated as "Open Space" lots on the Final Map) and Parcel 4 for preservation of natural open space in perpetuity. 10. This tentative map and any final maps thereunder shall comply with the requirements and standards of §§66410 through 66499.58 of the California A:Und cc TPM28617Green .wpd - 50 Greg T. Page 2 of 15 (-+I 019 r1 In order to mitigate impacts to the extent feasible for the taking of sensitive plant species and the incremental loss of plant and animal communities with the Coachella Valley, the following mitigation measure concerning the Multi -species Habitat Conservation Plan (MSHCP) was required within the area-wide FinalEIR or the Travlti-spes ert(habitat and Green Specific Plans. One purposeowners to mitigate for the loss conservation plan was to provide a vehicle for property of otherwise irreplaceable biological resources. Mitigation Measure 3.8.1 states that: the Coachella Valley The City of La Quinta shall ensure, as proposed by Association of Governments, that mitigation/compensation �rooess allPribe eto any made available to the Coachella Valley mufti species planning p habitat impacting actimes (grading permit), due to this project. Such funds should be calculated on the basis of acreage of habitat throughout the Coachella formula for fees which is equitably and uniformly applied The method of verification within the Monitoring Program for this mitigation measure is "Plan Review" by the Community Development Department. The Final EIR also goes on to state that the City may choose to become the trustee of fund contributed to CVAG until such time as the MSHCP is adopted. ✓ The biological studies prepared for the Green Specific Plan did not find desert tortoise or Palm Springs Round -tailed Ground Squirrel habitat and therefore no mitigation was required for this species. ✓ Since certification of the Draft and Final EIR for the Green Specific Plan, a draft designation of both Essential and Critical Habitat for the Peninsular bighorn sheep has been established by the US Fish and Wildlife Service. The Final EIR for the Travertine and Green Specific Plans requires the following mitigation measure in order to mitigate impacts to the bighorn sheep. Although this mitigation measure was developed particularly for the Travertine Specific Plan, elements of the measure are still applicable to the Green Specific Plan. SFC Consultants Mitigation Measure 3.8.3 states that: The applicant shall ensure that a habitat management plan HMP for the bighorn sheep is prepared by a biologist, reviewed by the Department of Fish and Game, and implemented prior to issuance of grading permits. Elements of the he wing easures. These measures be rmanagement plant shall include equired even if the preparationt n of theHMPms staled or prevented from ble ng adopted. See the Travertine and Green Specific Plans Mitigation Monitoring and Reporting Program Checklist for the specific measures, 415 404 018 11 The method of verification within the Monitoring Program for this mitigation measure is "Approval from California Department of Fish and Game' ✓ Since certification of the Draft and Final EIR for the Green Specific Plan, the U.S. Army Corps of Engineers have published new Nationwide Permits (NWP) criteria. The maximum impact allowed for most NWP's is''/2 acre and formal ACOE notification is required where impacts exceed 1110"' acre. In addition, NWP 14 (road crossings) will be limited to a maximum of 200 linear feet of all waters of the U.S. The access road will require a box culvert for storm drainage of approximately 10 feet in width. According to engineering calculations provided by the project engineer, approximately 1110m (0.10) acre of would be impacted. The same drainage was crossed within The Quarry project to the north of the site. ✓ If blueline streams are located on the subject property and are subsequently impacted by construction of the private street, the mitigation measures outlined in the Certified EIR will mitigate impacts to less than significant levels. The following mitigation measures has been added to this Addendum EIR: Based on the information obtained from a site visit by Department of Fish and Game personnel, the Department has determined that a Lake and/or Streambed Alteration Agreement under Fish and Game Code Subsection 1600 is required for this project. This mitigation measure is hereby incorporated into the Monitoring Program prepared for the previously Certified Draft and Final EIR. The method verification within the Monitoring Program for this mitigation measure is "Approval from California Department of Fish and Game." See TPM Exhibit. ✓ The proposed private street will not require the conversion of any portion of previously approved open space areas within the Green property. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. Overriding considerations were approved by the City Council for impacts within the Green Specific Plan that remained significant after mitigation. b. Mitigation measures outlined in the Certified EIR for the Green Specific Plan will be required for implementation of this Addendum EIR. ' 416 r 12 019 r c. An additional mitigation measure has been added by the California Department of Fish and Game concerning a Lake and/or Streambed Alteration Agreement. d. No new impacts not already addressed in the Certified EIR, would result with implementation of this Addendum EIR. e. The proposed private street will not require the conversion of any portion of the previously approved open space areas within the Green property. ➢ AestheticaMsual: Findings The aesthetic impacts associated with ten lots was originally discussed and mitigated within the Travertine and Green Specific Plan Draft and Final EIR. No additional aesthetic impacts will be generated with the extension of the private street Facts The City Council has based its findings upon the projects Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional aesthetic impacts not already addressed in the Green Specific Plan EIR. ➢ Cultural Resources: A Cultural Resources Survey was conducted for the Green property by Dr. Paul Chace, Director of Cultural Resources with The Keith Companies in July 1994. Findings The Cultural Resources analysis prepared by Dr. Paul Chase for the Green Specific Plan property found no cultural resources. Dr. Chase confirmed for SFC that the original analysis encompassed the proposed road extension therefore, implementation of the proposed private street would not impact any new cultural resources. No new studies are required. ' Facts The City Council has based its findings upon the projects Final EIR, previous written public comments, previous written responses to comments and all previous oral and ' written testimony and other evidence presented at the public hearings on this project and particularly the following facts: 1 417 13 020 a. The proposed private street will not generate additional cultural impacts not already addressed in the Green specific Plan EIR. ➢ Recreation: Findings Construction of the proposed private street would not result in the need for additional park and recreational facilities within the Green Specific Plan area. Facts The City Council has based its findings upon the projects Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate the need for additional parks or recreational facilities within the Green Specific Plan EIR. ➢ Population, Housing and Employment: Findings No mitigations were originally proposed for this issue within the Green Specific Plan EIR. However, project specific and cumulative population, housing and employment impacts were considered significant and growth inducing within the certified EIR. The addition of the private street will not increase the number of units previously approved in the certified EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. Overriding considerations were approved by the City Council for growth inducing . impacts within the Green Specific Plan that remained significant after mitigation. b. The proposed private street will not generate the need for additional mitigation measures within the Green Specific Plan EIR. y 14 021. ➢ Risk of Upset: Findings No, impacts were anticipated on the Green Specific Plan property related to the risk of upset. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not create a new risk of upset within the Green Specific Plan EIR. ➢ Public Services and Utilities: Findings Law enforcement, fire protection, medical and transit services will benefit from construction of the proposed private street. Schools, electricity, gas, telephone, cable service, solid waste issues will not be impacted by construction of the private street. Emergency access to the ten custom lots would be improved by the proposed Addendum Project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: onal aThe proposed private street will not services and utilities generate es not ale dy addres ed nthe Green Specific Plan EIR. public EIR. 15 022 f �JLL'Lfl J L�UfI i�H l{Hrti rl�{lll[�FJ:.I �Lkl�,�l F[i,LLI CHJ AL't. L'l 1,-ICJ L'_Ullt-'t J�L�LLI III. yyy d it aR j � I aryl _ l SFC Consultan(s North LOCAL VICINITY MAP 421 17 024 025 PL NI 0 MISSION RESOLUTION 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, TO THE—COU*Ctt- APPROVAL OF AMENDMENT #1 TO SPECIFIC PLAN 94-025 C(AS1�.NRPu1C��IOWP[Ll�T�D PECIFIC PLAN 94-025, AMENDMENT #1 W�F� `iUttiQ UI WHEREAS, the Planning Commission of the City of La Quinta did on the 24V' day of October, 2000, and 10t" day of April, 2001, hold duly a noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow a private road along the north side of the Plan's boundary to- s in-Parcel-3-of Tentative Parcel Map 28617 for property located on the east and west sides of future Jefferson Street, approximately '/2 mile south of Avenue 58, more particulary described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, said Specific Plan Amendment 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 La Quinta 'Community Development Department has prepared an Addendum to Environmental Assessment 94-287 pursuant to CEQA Guidelines 15164 Addendum. No change circumstances or conditions exist and no new information provided which would require preparation of a subsequent EIR, pursuant to Public Resources Code 21 166; and WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR for Specific Plan 94-025 (Resolution 95-36) as adequate and complete, adopted Statements of Overriding Considerations," and adopted "CEQA Findings and Statements of Facts"; and WHEREAS, the Planning Commission did, on the 131" day of April, 1999, hold a duly noticed Public Hearing on SP 94-025 (151 Time Extension), and by a vote of 5-0, adopted Resolution 99-026 approving a first time extension and text changes to the Plan; and WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons pursuant to Section 9.240.010 of the Zoning Ordinance to justify the recommendation for approval of the Specific Plan Amendment: 423 A:\ResoPC SP25#lgreen.wpd - 44greg t - Page 1 026 Planning Commission Resolution 2000- Specific Plan 94-025, Amendment #1 April 10, 2001 Page 2 A. Consistency with the General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential uses are proposed for Low Density Residential areas and open spaces will be preserved excluding development of a new road to serve ten custom lots. The roadway width has been kept to a minimum to reduce damage to the affected hillside areas. The Specific Plan contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Specific Plan offers guidelines promoting a balanced and functional mix of land uses consistent with the City's General Plan. The maximum number of residential units is 277. B. Public Welfare The Specific Plan Amendment contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Amendment offers guidelines promoting a balanced mix of residential land uses consistent with the City's General Plan. Any development within hillside areas shall comply with Section 9.140.040 of the Zoning Ordinance which requires specific engineering studies and limits the roadway grade to 15%. C. Land Use Compatibility The Specific Plan Amendment is compatible with zoning on adjacent properties in that the General Plan Land Use Policy Diagram shows the surrounding properties to be primarily Low Density Residential. The Specific Plan Amendment will not create conditions materially detrimental to the public general welfare in the proposed road extension is compatible with existing land uses. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; and 424 A:\ResoPC SP25#1 green.wpd - 44greg t - Page 2 027 Planning Commission Resolution 2000-_ Specific Plan 94-025, Amendment #1 April 10, 2001 Page 3 2. This application 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 Addendum to Environmental. Impact Report (#94112047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 3. That it does hereby recommend to the City Council approval of the above - described Amendment request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10th day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE BOBBINS, Chairman City of La Quinta, California ATTEST: CHRISTINE DI IOR1O, Acting Community Development Director City of La Quinta, California 425 A:\ResoPC SP25p1green.wpd - 44greg t -Page 3 028 PLANNING COMMISSION RESOLUTION 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 94-025, AMENDMENT #1 - AGIOTAGE LIMITED APRIL 10, 2001 GENERAL 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. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. Specific Plan 94-025 (Amendment #1) shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 (Amendment #1) and those exhibits contained in the Final EIR and Addendum and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. The approved Specific Plan text on file with the Community Development Department shall be revised to incorporate the following conditions. Four copies of the final document shall be submitted after final approval by the City Council with an additional copy being unbound. LANDSCAPINSa 5. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24 - and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 6. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 426 mad . 44 prow Trouadell. 029 Page t of 4 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 7. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. No building permits shall be issued for Parcel 3 houses until landscaping improvements are installed along the private hillside road. FIRE D:PARTIMENI 8. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 9. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. PROPOSED TEXT DOCUMENT CHANGES 10. Add to Page 22 (Circulation Section) - 1. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 427 030 a-%r..aev 9-; arAmenNl.Wed-44 ere¢ TroosdeLL _ _ _____ _ __ page 2 of 4 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 2. Jefferson Street (adjacent to this development) - a. Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. b. Construct 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk on east side of street and 10-foot multi -use trail on west side of street (design to be approved by City). B. PRIVATE STREETS AND CUL DE SAC 1. Residential - Street widths shall comply with the requirements of the Circulation Element (Table CIR-2) of the General Plan. 2. Collector (z300 homes or 3,000 vehicles per day) - 40-feet wide. 2. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map applications. Provide a secondary (emergency) access entry (20-foot wide) from Parcel 3 through The Quarry. 3. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas, Open Space lettered lots, and perimeter walls and landscaping." 11. Modify Page 17 (First paragraph, Last sentence) as follows: "Ten custom lots are proposed in the northwestern corner of the site, and will gain emergency access through The Quarry and primary access from Jefferson Street via a 28- foot wide private road (curb to curb) pursuant to the design standards of Tentative Parcel Map 28617 and Conditional Use Permit 99-047. 4 2) 8 031. --- -- - . -- Pave 3 of 4 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 12. The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required by this development include: A. Jefferson Street - Full width right of way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. B. PRIVATE STREETS Residential: 29-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. 13. The applicant shall create a 10-foot wide Multi -Purpose Easement within the required 20-foot landscape easement on the west side of Jefferson Street. 420 032 mmd . AA Grow TmnedYll Page 4 of 4 PLANNING COMMISSION RESOLUTION 2001- C--� A RESOLUTION OF THE G COMMON OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVirCItbf A 3,000 LINEAL FOOT PRIVATE ROAD OF WHICH 1,600 LINEAL FEET WILL BE WITHIN THE HILLSIDE THAT EXCEEDS 20 PERCENT CASE NO.: CONDITIONAL USE PERMIT 99-047 APPLICANT: AGIOTAGE LTD. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24'" day of October, 2000, and 10" day of April, 2001, hold a duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas With a slope over 20 percent, located approximately %: mile south of Avenue 58 on the east and west sides of future Jefferson Street, more particularly described as: APN: 761-030-001 WHEREAS, said Conditional Use Permit 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 Addendum to Environmental Impact Report 94-287 pursuant to CEQA Guidelines 15164. No changed circumstances or conditions and no new information provided which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; 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 Planning Commission did make the following mandatory findings recommending to the City Council approval of said Conditional Use Permit pursuant to Section 9.210.020: A. Consistency with the General Plan/Zoning Ordinance Residential development planned by Specific Plan 94-025 is consistent with the General Plan Land Use Element. The portion of the proposed road into hillside areas of SP 94-025 is necessary to provide access within the Specific Plan boundaries (i.e., 10 custom lot). The design width of the road at 28 feet is a small as possible to limit hillside grading AAResoPC CUP47green.wpd. 44 Greg T. - Page 1 430 033 Planning Commission Resolution 2001- Conditional Use Permit 99-047, Agiotage LTD. April 10, 2001 Page 2 activities and sloped less than a 15% gradient in compliance with Section 9.140.040 (H.C. Hillside Conservation) of the Zoning Ordinance. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan or will be conditioned to be so in areas of design development standards, etc. B. Compliance with CEQA The Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. Substantial changes are not proposed by development of the road. C. Surrounding Land Uses The site design of the project is appropriate for the intended uses pursuant Specific Plan 94-025 and compatible with surrounding development. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. This application 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 Addendum to Environmental Impact Report (#94112047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 431 A:\ResoPC CUP47green.wo, 44 Greg T. - Page 2 034 3A Planning Commission Resolution 2001- Conditional Use Permit 99-047, Agiotage LTD. April 10, 2001 Page 3 3. That it does hereby recommend approval to the City Council for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit „A„ PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10`" day of April, 2001, by the following vote, to wit: AYES: , NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: CHRISTINE DI IORIO, Acting Community Development Director City of La Quinta, California City of La Quinta, California 4 3 ^ AAReS0PC CUP47green.wpd. 44 Greg T. - Page 3 035 PLANNING COMMISSION RESOLUTION 2001-_ Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 99-047 - AGIOTAGE LIMITED APRIL 10, 2001 aEREBAL 1. The use of this site shall be in conformance with the approved exhibits contained in Specific Plan 94-025 (Amendment #1), unless otherwise amended 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 in its sole discretion. . 433 036 r m r t iP 47 Green 44-Rreg, Page I PL Ni CO ISSI RESOLUTION 2001-_ CC A RESOLUTION OF THE P OF THE CITY OF LA QUINTA, CALIFORNIA, APPROW4���SISUBDIVIDE APPROXIMATELY 331 ACRES INTO FOUR LOTS AND OTHER STREET LOTS LOCATED ON THE EAST AND WEST SIDES OF FUTURE JEFFERSON STREET, APPROXIMATELY '/a MILE SOUTH OF AVENUE 58 CASE NO.: TENTATIVE PARCEL MAP 28617 APPLICANT: AGIOTAGE LIMITED WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241' day of October, 2000, and 101" day of April, 2001, hold a duly noticed Public Hearings to subdivide 331 acres into four lots and other lettered lots (Lots "A" and "B") in Specific Plan 94-025 generally located on the east and west sides of future Jefferson Street, approximately '/2 miles south of Avenue 58, more particularly described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, said Parcel Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-63 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Assessment 83-009 pursuant to CEQA Guidelines 15164 Addendum. No changed circumstances or conditions exist which require preparation of a subsequent EIR, pursuant to Public Resources Code 21166; 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 Planning Commission did make the following mandatory findings recommending approval to the City Council of said Tentative Parcel Map 28617 pursuant to Section 13.12.130 of the Subdivision Ordinance: Finding Number 1- Proposed Map Consistency with the General Plan and Specific Plan 94-025 (Amendment #1) The proposed parcel map is consistent with the City's General Plan Low Density Residential and Open Space land use designations pursuant to Specific Plan 94- 025 (Amendment #1►. Road development in hillside areas shall be consistent with the provisions of Section 9.140.040 of the Zoning Code, and the4 3 environmental impact mitigation measures of the Green Specific Plan. 037 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. April 10, 2001 Page 2 The proposed Tentative Parcel Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide streets and adequate stormwater drainage via retention basins, culverts, etc. Finding Number 2 - Consistency of Design and Improvements with the General Plan and Specific Plan 94-025 (Amendment #1) The design and improvements of the proposed subdivision are consistent with the City's General Plan and Specific Plan 94-025. Implementation of the recommended conditions of approval ensures proper street widths and road design standards are met. Finding Number 3 Consistency with the California Environmental Quality Act The original Green Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. Substantial changes are not proposed by development of the road. Finding Number 4 - Consistency of Public Easements As conditioned, 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 subdivision. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements, as conditioned, are not likely to cause serious public health problems, in that this issue was considered in Specific Plan 94-025 (Amendment #1) in which no significant health or safety impacts were identified for the proposed project. Finding Number 6 - Suitability of Site The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure 435 A:\RESopc TPM 28617 Green.wpd, 44 Greg T. Page 2 038 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. April 10, 2001 Page 3 fish or wildlife, or their habitat, in that SP 94-025 (Amendment #1) prepared for Parcel Map 28617 did not identify any significant impacts for this issue. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby require compliance with Specific Plan 94-025 (Amendment #1); and 3. This application 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 Addendum to Environmental Impact Report (#941 12047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 4. That it does recommend approval of Tentative Parcel Map 28617 to the City Council for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10" day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California 436 A:\RESOpc TPM 28617 Green.wpd, 44 Greg T. Page 3 039 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. April 10, 2001 Page 4 ATTEST: CHRISTINE DI 1013I0, Actin( City of La Quinta; California City of La Quinta, California 437 A:\RESOpc TPM 28617 Green.wpd, 44 Greg T. Page 4 LI T H PLANNING COMMISSION RESOLUTION 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 28617, AGIOTAGE LIMITED APRIL 10, 2001 GENERAL 1. Tentative Parcel Map 28617, dated April 5, 2001, shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise 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 P this time extension request! The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 (Amendment #1) and those exhibits contained in the Final EIR and Addendum and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 5. Prior to the issuance of a grading 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 public agencies: * Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department * Riverside County Environmental Health Department * Desert Sands and Coachella Valley Unified School Districts * Coachella Valley Water District (CVWD) * Imperial Irrigation District (IID) * Verizon * California Regional Water Quality Control Board (NPDES Permit) 438 Q41. "..a . AA e,*o Page 1 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 2 * Time Warner * Sunline Transit 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 6. The Specific Plan Draft and Final EIR and Addendum shall be used in the review of all project proposals in the Specific Plan 94-025 area. Said mitigation measures are hereby incorporated into these conditions by reference. Prior to issuance of the final map the applicant shall make the following lot designations: A. The "Open Space" portions of Parcels 1 and 2 shall be designated as separate lettered "Open Space" lots (i.e., Lots C and D); B. The private street providing access t$,Raw4r9 shall be designated as a lettered lot (Lot "B"); C. Parcel 2 shall show a 29-foot wide access easement extending from Jefferson Street to the private street 3• 7. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 8. The applicant shall dedicate an easement or reserve unto themselves, their successors, and assigns an undevelopable natural open space easement over lettered lots "C" through "D" (designated as "Open Space" lots on the Final Map) and Parcel 4 for preservation of natural open space in perpetuity. 9 This tentative map and any final maps thereunder 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 439 Municipal Code (LQMC) 042 A:ICendTPM286176r.FlnaLwpd - 44 greg Page 2 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 3 PROPERTY RIGHTS 10. All easements, rights -of -way and other property rights necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a Certificate of Compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 11. If the applicant proposes vacation or abandonment of any existing rights -of -way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide to those properties alternate rights -of -way or access easements on alignments approved by the City Council. 12. The applicant shall dedicate public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required of this development include: A. Jefferson Street (Lot "A") - Full -width right-of-way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. PRIVATE STREETS A. Residential: 29-foot width (Lot "B"). On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. The applicant shall dedicate street rights -of -way prior to required approvals of any proposed subdivision or improvements to land within the specific plan boundaries. 440 043 AAC0udTPN=617ar.Plnat.wPd • 44 9ro6 Page 3 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 4 If the City Engineer determines that public access rights to proposed street rights -of -way shown on the tentative map are necessary prior to approval of final maps dedicating the rights -of -way, then developer shall grant temporary public access easements to those areas within 60-days of written request by the City. 13. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 14. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Jefferson Street - 20 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 15. The applicant shall vacate vehicle access rights to Jefferson Street from lots abutting the street. Access to the development from Jefferson Street shall be restricted to that shown on the "Circulation" diagram in the specific plan. 16. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this specific plan 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. IMPROVEMENT AGREEMENT 18. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for any tentative tract or parcel map or approved phase of development prior to approval of the map or phase or issuance of a certificate 441 of compliance in -lieu of a final map. 044 kICondTPVA176r.FlnzIWPd • 44 grog Page 4 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 5 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (i.e., streets) and development -wide improvements (i.e., perimeter walls, common area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. IMPROVEMENT PLANS 21. Improvement plans submitted to the City for plan checking shall be submitted on 24" X 36" media in the categories of "Rough Grading", "Precise Grading", "Streets and Drainage", and "Landscaping". All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage„ plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscaping improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above, shall be in formats approved by the City Engineer. 22. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. 4410. A.IcondTPNMI76r.VlWwDd - 44 Brea 045 Page 5 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 6 When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. GRADIN 23. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. 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. 25. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. 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 the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. Grading plans adjacent to General Plan designated open space areas shall comply with the requirements of Sections 9.110.070 (Hillside Conservation Overlay District) and 9.140.040 (Hillside Conservation Regulations) of the Zoning Ordinance. 27. 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, La Quinta Municipal Code. In accordance with said Chapter, 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. 28. 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 development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly 443 1L-1condTP1M176r.FIn&Lwpd • N KM 046 Page 6 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 26617 April 10, 2001 Page 7 identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE 29. Stormwater falling on site during the .peak 24-hour period of a 100-year storm shall be retained on site (rather than detained and released as proposed in the specific plan document). The tributary drainage area for which the developer is responsible shall extend to the centerline of adjacent public streets. 30. Stormwater shall normally be retained in common retention basins. Individual lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is determined by the City Engineer to be impractical. 31. If individual lot retention is approved, the following conditions shall apply: A. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Basin capacity calculations and grading plans for each lot shall consider previously - approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent lot plans, to the City Engineer for plan checking and approval. B. Prior to or concurrently with recordation of the final subdivision map, a homeowner's association or lot owner's association (HOA) shall be legally established and Covenants, Conditions and Restriction (CC &Rs) recorded. The CC & Rs shall stipulate the requirement for design, construction and maintenance of individual on lot basins and the required retention capacity for each individual lot. The CC & Rs shall grant the HOA irrevocable rights to enter and maintain each individual retention basin and all other grading and facilities necessary for the stormwater retention design. The CC & Rs shall establish, in an irrevocable manner that: 1. The HOA has responsibility for the overall retention capacity of the development; 444 2. If the HOA fails to maintain the overall retention capacity, the City shall have the right to seek other remedies to restore and/or r, AlCoadTPY2661T6r.FYnaLorPd • 44 Brea Page 7 of 15 47 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 8 maintain the overall capacity or to establish or expand downstream facilities to mitigate the off -site effects of the HOA's failure to maintain the overall capacity; and 3. The HOA shall promptly reimburse the City for any and all costs incurred in exercising such right. C. The final subdivision map shall establish a perpetual easement granting the City the right to enter and maintain retention basins and other drainage facilities and grading as necessary to preserve or restore the approved stormwater conveyance and retention design with no compensation to any property owner of the HOA. 40. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 46. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to bodies of water subject to the NPDES, the 445 applicant may be required to design and install first -flush storage, oil/water ME AACondTPFF28817Gr.FlnaLwpd-"LroB __ __ _—Page 8 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 9 separation devices, or other screening or pretreatment method(s) to minimize the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations an methods of treatment or screening shall meet the approval of the City Engineer and other agencies that have jurisdiction. LITILITIE 47. Existing and proposed wire and cable utilities within or adjacent to the proposed development shall be underground. Power lines exceeding 35 kv are exempt from this requirement. 48. The applicant shall obtain the approval of the City Engineer for the location of all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone strands, to ensure optimum placement for aesthetic as well as practical purposes. 49. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREETS AND TRAFFIC IMPROVEMENTS 50. The City is contemplating adoption of a major infrastructure and thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a Certificate of Compliance for any waived final map, the development or portions thereof 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. 51. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 4 4 Page 9 of 15 049 A:ICoodTPM28617Br.FInaLwpd • d4 Brea ____ Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 10 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, including site and building construction traffic. The minimum pavement sections shall be 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 which will be subjected to traffic loadings, the partial section shall be designed with a strength equivalent to the 20-year design strength. 52. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 53. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 54. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development .of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 2. Jefferson Street (adjacent to this development) - Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it , necessary to revise or abandon the Jefferson Street specific 447 e•1nnndTPM28617Gr.F1n1Lwpd. 44 grog Page 10 of 15 650 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 11 alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. B. PRIVATE STREETS AND CUL DE SAC 1. Residential (Lot "B") - 28' minimum gutter flow line to gutter flow line, parking prohibited. Parking restriction shall be provided for and enforced by the Homeowners Association. 2. Collector (2300 homes or 3,000 vehicles per day) - 40-feet wide. 55. 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 without ponding in yard or drive areas. 56. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation„ diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map application(s). Provide a secondary (emergency) access entry (20-foot wide) from Parcel 3 through The Quarry. 57. Prior to occupancy of completed buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. 58. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter. The location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. LANDSCAPING 59. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street pursuant to Section 9.60.240 of the Zoning Ordinance. The concept landscape plan for Jefferson Street shall be approved by the Planning Commission during review of a Site Development Permit and/or subdivision map application. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24% and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 448 051. A:ICandTPM28Gl7Gr.FhMLwpd • 44 grog __ _,_ _ __ Page 11 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 12 60. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Conceptual front yard landscaping plans shall be submitted for approval by the Planning Commission during consideration of any Site Development Plan application. 61. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public and private streets. 62. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly - or commonly -maintained landscape areas. 63. Unless otherwise approved by 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. 64. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 65. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. FIRE DEPARTMENT 66. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 449 052 A:ICandTPM286176r.Fln9wpd • 44 grog Page 12 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 13 67. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. COACHELLA VALLEY WATER DISTRICT 68. The applicant shall comply. with the requirements of the CVWD at time development plans are submitted. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. ELECTRICAL UTILITIES 69. The applicant shall comply with the requirements of the Imperial Irrigation District at time development plans are submitted. RECREATION 70, Prior to any final map approval by the City Council, the applicant shall meet the parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code and in compliance with the goals and policies of the La Quinta Parks and Recreation Master Plan. • 71. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 72. 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 4750 A:ICondTPMM17Gr.F1wLLwpd •"grog Page 13 of 15 051 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 14 of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. MAINTENANCE 73. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter walls and landscaping. 74. 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 an 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 planning for routine and long term maintenance. FEES AND DEPOSITS 75. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. The applicant shall additionally pay any fees of any nature required by the City at the time of recording of the final map or the issuance of a building permit according to the fee requirements in effect at the time of issuance or approvals for those items. 76. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 77, In order to mitigate impacts on public schools, applicant shall comply with the following: "Prior to the issuance of any building permits, the applicant shall provide the Building and Safety Department with written clearance from the affected school district stating that the per -unit impact fees have been paid." 78. 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. 451 654 edr""ATM9AR171;r.19naLwod • 44 M9 Page 14 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 April 10, 2001 Page 15 MISCELLANEOUS 79. The applicant shall comply with applicable provisions of the National Pollution Discharge Elimination system (NPDES) and the City's NPDES permit. 80. Prior to issuance of any site permits, the developer shall submit to the Community Development Department a detailed construction plan for the project's Multi -Purpose Trail. This plan shall include access, signage, and detailed design. The applicant shall create a 10-fcot wide Multi -Purpose Easement within the required 20-foot landscape easement plus the west side of Jefferson Street right-of-way. FINAL MAP(S) AND PARCEL MARS) 82. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 45 055 e.%n....dTW9M17ar.R1naLwnd • U Mir Page 15 of 15 s w5 cFM of �9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 5, 2001 SUBJECT: PUBLIC HEARING ITEM NO. 4 The applicant of the above noted public hearing, NRI, La Quinta Limited Partnership, has asked that their applications be withdrawn to allow them time to reconsider the pre -annexation zoning designations. They will be filing a new application in the near future for processing. 453 COUNCIL/RDA MEETING DATE: June 5, 2001 Public Hearing for Tentative Tract Map 30136, a Subdivision of 18.94 Acres into 62 Single Family and Other Common Lots Located Approximately 1,200 Feet East of Madison Street Abutting Both Sides of Legends Way and West of Mountain View in PGA West Applicant: SRHI, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: t PUBLIC HEARING: J Adopt a Resolution of the City Council approving Tentative Tract Map 30136, subject to findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History The PGA West Resort and Club is made up of numerous tracts which have been approved after adoption of Specific Plan 83-002 (Resolution 84-31) and its companion Environmental Impact Report (State Clearinghouse #83062922) in 1984. Existing housing units range in size from 1,283 square feet to over 5,000 square feet. PGA West is a private country club community of approximately 2,000 residences and multiple championship golf courses. Project Request The applicant has requested to increase the number of residential lots in a portion of Tract 28838 (Phases 1 and 4) from 45 to 62, an increase of 17 lots. This change is proposed in order to provide lots sufficient in size for prototype house plans #7-9 that were approved by the Community Development Department last year. Lot sizes range 454 SR CC Tr. 30136 P-Greg T.;R5/10 (None) Page 1 SP 50 Santa Rosa Form from 8,840 square feet up to 21,140 square feet which is consistent with the other approved lots in PGA West and Tract 28838 (Attachment #1). In addition to adding new lots, minor changes are proposed to the alignment of portions of Legends Way where it intersects with Common Landscape Lot "C". Planning Commission Review On May 8, 2001, the Planning Commission recommended approval of the developer's various requests by adoption of Resolution 2001-064, subject to findings and conditions (Attachment #2). Public Notice This project was advertised in the Desert Sun newspaper on May 24, 2001, and mailed to all property owners within 500-feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Agency Comments A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 30136, subject to findings and conditions; or 2. Do not approve the above -mentioned Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, unity Development Director 455 on SR CC Tr. 30136 P-Greg T.;R5/10 (None) Page 2 SP 50 Santa Rosa Form Approved for submission by: Thomas P. Genovese, City Manager Attachments: TTM 30136 Map May 8, 2001 Planning Commission Minutes Large Map (Council only) 456 11 1 SR CC Tr. 30136 P-Greg T.;R5I10 (None) Page 3 SP 50 Santa Rosa Form RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 18.94 ACRES INTO 62 SINGLE FAMILY AND MISCELLANEOUS LOTS LOCATED APPROXIMATELY 1,200 FEET EAST OF MADISON STREET, ON THE NORTH AND SOUTH SIDES OF LEGENDS WAY AND WEST OF MOUNTAIN VIEW IN PGA WEST CASE NO.: TENTATIVE TRACT MAP 30136 APPLICANT: SRHI, LLC (d.b.a. RIELLY HOMES) WHEREAS, the City Council of the City of La Quinta, California, did on the 51h day of June, 2001, hold a duly noticed Public Hearing for SRHI, LLC to subdivide 18.94 acres into 62 single family and other common lots generally located 1,200 feet east of Madison Street abutting portions of Legends Ways and Mountain View; more particularly described as: Being a subdivision of Lots 17-21 of Amended Tract 28838-1; and Lots 1-40, and A-F of Tract 28838-4 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81" day of May, 2001, hold a duly noticed Public Hearing for SRHI, LLC to subdivide 18.94 acres into 62 single family and other common lots generally located 1,200 feet east of Madison Street abutting portions of Legends Ways and Mountain View and adopted Resolution 2001-064 recommending approval with conditions. 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 pursuant to Section 13.12.130 of the Subdivision Ordinance: A. The proposed map is consistent with the City of La Quinta General Plan and Zoning Ordinance. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because attached and detached residential units are proposed. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. The proposed single family lots exceed the minimum size requirement of 6,500 square feet. The proposed 62 residential lots are consistent with and will not negatively impact the overall growth and development of PGA West. Conditions are recommended ensuring compliance with both the PGA West Specific Plan and Zoning Code. 457 RESO cc30136Final - GREG T/p. 004 Resolution No. 2001- Tentative Tract Map 30136 - Recommended SRHI, LLC June 5, 2001 Page 2 B. The design of the proposed subdivision is consistent with the La Quinta General Plan and Subdivision Ordinance. Tentative Tract Map 30136 is within Specific Plan 83-002 (PGA West) for which Environmental Impact Report (State Clearinghouse Number 83062922) was certified by the City Council in 1984. No changed circumstances or conditions exist and no new information has been provided which would trigger the preparation of a subsequent EIR. The proposed site design conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residential tracts in PGA West. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. The site is physically suitable for the proposed land division. Stormwater runoff will be diverted to the existing golf course to ensure off -site properties are not impacted from seasonal storms. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plans. No adverse impacts have been identified based on letters of response from affected public agencies. 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 require compliance with those mitigation measures required for Specific Plan 83-002, as amended; and 3. That it does hereby approve TTM 30136 for the reasons set forth in this Resolution and subject to the attached conditions. 453 RESO cc30136Fiml - GREG T/p. 005 Resolution No. 2001- Tentative Tract Map 30136 - Recommended SRHI, LLC June 5, 2001 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 51h day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California RE50 cc30136Eina1 - GREG T/p. 4 v 9 rim CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30136 - SRHI, LLC JUNE 5, 2001 GENERAL Tentative Tract Map 30136 shall comply with the requirements and standards of §§66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map approval shall expire and become null and void on June 5, 2003, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. 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 in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. 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 public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) 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. 460 Cond CC Tr. 30136 - Greg T./P 007 07 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5,2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: a. PRIVATE STREETS i. Residential: 37-foot width. 8. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 461 Cond CC Tr. 30136 - Greg T./P p 000 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 3 10. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 11. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 12. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map 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. FINAL MAP(S) AND PARCEL MAPS) 13. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect' refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks 462 Cord CC Tr. 30136 - Greg T./P 009 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 4 for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. 'Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRADING 17. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or 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. 463 Cond CC Tr. 30136 - Greg T./P 010 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 5 18. Slopes shall not exceed 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. 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, 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. 20. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 21. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 22. Stormwater handling shall conform with the approved hydrology and drainage plan for PGA West. Nuisance water shall be disposed of in an approved method. UTILITIES 23. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 24. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 464 Cond CC Tr. 30136 - Greg T./P � 1. 1 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 6 25. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 26. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. a. PRIVATE STREETS Residential: 34-foot travel width, measured gutter flow -line to gutter flow -line. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 27. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 28. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 29. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 30. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue 465 Cond CC Tr. 30136 - Greg T./P 0 1 0l Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5,2001 Page 7 for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 31. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 33. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 34. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been Cond CC Tr. 30136 - Greg T./P 466 013 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 8 approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 35, The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 36. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60,240 (E3) of the Zoning Ordinance. 37. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. QUALITY ASSURANCE 38. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 39. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 40. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 41. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be 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. 467 Cond CC Tr. 30136 - Greg TIP 014 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 9 MAINTENANCE 42. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 43. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 44. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 45. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on the requirements of SP 83-002. Fees shall be paid prior to building permit issuance by the City. 46. 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. FIRE DEPARTMENT 47. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 48. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 49. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 468 Cond CC Tr. 30136 - Greg T./P 0 1 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 30136 June 5, 2001 Page 10 50. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submnitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 51. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. MISCELLANEOUS 52. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 53. Applicable conditions of Specific Plan 83-002 shall be met prior to building permit issuance. 54. The project's HOA will be organized to administer and maintain common open space, private roads, security, and architectural consistency pursuant to the requirements of SP 83-002. The Covenants, Conditions and Restrictions for the tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 469 Cond CC Tr. 30136 - Greg T./P Ole Attachment 1 !� Rill C.,54C BB{ E xi O ZN a� z r Qm In Q = z_ !� I� DW- J19 r w ' � - h ilie,.J t+ fi \ ors a n- i � I ds �, v u� i,>� . Vim` -�...- .,�: ��� k ,�,k✓ ��i 1 p <` i� r('v� '�'� V 1 j) Attachment 2 Planning Commission Minutes May 8, 2001 a. Condition #4A.and B d b. Condition #2 add la a regarding expiration. ROLL CALL: AYES: Com ners Abels, Butler, Kirk, Tyler, and Chairma ins. NOES: None. ABSENT: None. ABST one. VII. BUSINESS ITEM: A. Sit pment Permit 2 1-704 - The Estates; a request of Estate 18 Peter Bilicki for review of an 18 lot development of otypes with three and two facade treatments, respectiv and ndscape design plans for property located along Peninsula a within PGA West. 1 . Chairman Robbins asked for the staff r . Principal Planner Stan Sawa presented the information Ined in the staff report, a copy of which is on file i Community Development Department. 2. There being no questi f staff, or the applicant, and no further discussion, it w oved and seconded by Commissioners Kirk/Tyler to t Minute Motion 2001-010 approving Site Develoom ermit 2001-704 as recommended. Unanimously PUBLIC HEARINGS CONTINUED: Tentative Tract Map 30136; a request of SRHI, LLC (Reilly Homes) for a for review of a subdivision of 18.94 acres into 62 single family and other miscellaneous lots located on the east side of Madison Street, abutting both sides of Legends Way and west of Mountain View within PGA West. 1 . Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There were any questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Scott McCann, representing the developer, stated they accepted the conditions as proposed and was available for any questions. 471 017 G:\WPD0CS\PC5-8-01.wpd 13 Planning Commission Minutes May 8, 2001 3. There being no questions of the applicant, nor any other public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2001-064 recommending approval of Tentative Tract Map 30136, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. E. Site Development Permit 2001-693; a request of JR Properties for The 990 Stores, for review of architp&Lural and landscaping plans for a shopping center to include a 2 uare foot commercial store located at northwest corner of JejWson Street and Highway 1 1 1. F. 1. Chairman R ins opened the public hearing and asked for the staff repor. Principal Planner Stan Sawa stated the applicant had request a continuance to May 22, 2001. 2. It w move econded by Com issioners Abels/Kirk to conti evelopment Permit 200 696, to May 22, 2001. Unanimously approved. a request of KSL Land Development r, 1) certification of an Addendum to an Environmental Impact Repof 2) a General Plan Amendment and Zoning Change to change larts currently de ' ted as Tourist Commercial to Low Density Resi cl Ic mendment establishing development standards and design guideli s for the construction of 65 single family homes, a clubhouse, and endment of the landscaping plant palette; and 4) development pla or the model homes and subdivision of 17.82 acres into 65 gle family and miscellaneous lots to be located on the southeast rner of Eisenhower Drive and Avenue 50. 1 . Chairman Robbins opened the public aring and asked if there was any public comment. 018 4'12 G:\WPDOCS\PC5-8-Ol.wpd 14 ID � COUNCIL/RDA MEETING DATE: June 5, 2001 Public Hearing to Consider Certification of an Addendum to Environmental Impact Report #41; General Plan Amendment 2001-078 and Zone Change 2001-101 to Change Lands Currently Designated Tourist Commercial to Low Density Residential, Specific Plan 121-E, Amendment #5 Establishing Development Standards and Design Guidelines for the Construction of 65 Single Family Homes, Common Area Facilities, and an Amendment to the Landscaping Plant Palette; Site Development Permit 2001-703 for Development Plans for the Model Homes; and Tentative Tract Map 30125 for the Subdivision of 17.82 Acres into 65 Single Family Lots and Miscellaneous Lots for the Property Located at the Southeast Corner of Eisenhower Drive and Avenue 50. Applicant: KSL Development Corp RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Certifying an Addendum to Environmental Impact Report #41. Adopt a Resolution of the City Council approving General Plan Amendment 2001-078. Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. , on first reading for Zone Change 2001 -101. Adopt a Resolution of the City Council approving Amendment No. 5 to Specific Plan 121.E. Adopt a Resolution of the City Council approving Site Development Permit 2001-703. Adopt a Resolution of the City Council approving Tentative Tract Map 30125. FISCAL IMPLICATIONS: None. 473 G:\WPDOCS\CCStf.Rpt.SP1 21 . E.wpd BACKGROUND AND OVERVIEW: The project site is located at the southeast corner of Eisenhower Drive and Avenue 50 (Attachment 1). The proposed project is currently developed for a portion of the La Quinta Resort golf course, and is also being used for employee parking for the La Quinta Resort. The lands currently used for parking are proposed for conversion to Low Density Residential. The proposal is for single family detached units on 6,000 square foot minimum lots. Project Request In addition to the Addendum to Environmental Impact Report #41, the following applications have been filed: 1 . A General Plan Amendment and Zone Change to change a six acre portion of the project surrounded by 11 acres already designated as single family residential from its current Tourist Commercial designation to Low Density Residential. 2. A Specific Plan to establish design standards and guidelines for the construction of 65 single family homes and common area amenities, change the minimum lot size to 6,000 square feet, and to amend the approved plant palette (Attachment 2). 3. A Site Development Permit for the model home elevations, site landscaping, and construction of perimeter improvements for the site (Attachment 3). 4. A Tentative Tract Map to divide 17.82 acres into 65 single family lots, a common pool and clubhouse lot, and miscellaneous lots for roads and open space (Attachment 4). The General Plan Amendment and Zone Change are required to allow single family dwelling units on the site. The Specific Plan provides the design guidelines and standards for the single family homes. A Site Development Permit has also been submitted to include the three models of house planned for the site, as well as perimeter and entry landscaping. A separate Site Development Permit will be required for the pool building or clubhouse for the northwestern corner of the project. The Site Development Permit details the architectural style of the buildings, and the types of materials which will be utilized. The variations to the City's zoning standards are discussed individually below. The Specific Plan includes modifications only in two areas: the design guidelines and development standards for the affected Planning Area, and the broadening of the landscaping palette (Attachment 4). The design guidelines and development standards allow for the construction of single family homes and associated uses. 474 002 G:\ W PDOCS\CCStf. Rpt. S P 121. E. wpd The homes' architecture is similar to the Mediterranean architecture found elsewhere in the Resort. Materials to be utilized include smooth stucco, wooden rafters, gates and shutters, wrought iron grills and clay roof tile. The design includes raised window details, stucco recesses and an optional roof terrace. The design also incorporates curved walls and exterior stairs around a central courtyard. The applicant has provided considerable articulation on all sides of the residences, which will create visual interest and break up the building mass. Doorways and windows include arches and pot ledges, to provide further detail. The color palette is proposed to be neutral, and consists primarily of earth tones. The plant palette is consistent with that found in other parts of the Resort. Stamped concrete is proposed for the entry of the project site. A perimeter wall is proposed, but no berming is shown on the landscaping plan. The Tentative Tract Map divides the 17.82 acres into 65 single family lots, one common area pool and clubhouse lot, and miscellaneous lots for roads and open space areas. The Tract Map has been conditioned to include all necessary perimeter roadway improvements. The Tract Map is consistent with the proposed Specific Plan. Planning Commission Review The Planning Commission reviewed this project at its regularly scheduled public hearing of May 22, 2001 (Attachment 5). A number of issues were discussed. Several are enumerated below. Specific Plan: Development Standards The applicant has stated that a small clubhouse may be constructed where the poolhouse is currently shown, in the northwestern corner of the property. The Specific Plan currently does not allow this use. Condition No. 15 (SP) has been added to address this issue. The minimum lot size is shown in the Specific Plan to be 6,500 square feet in this Planning Area. Since some lots on the accompanying tract map do not meet this standard (the smallest lot is 6,022 s.f.), Condition No. 17 (SP) was added to accommodate the smallest proposed lot. During discussion by the Planning Commission, however, they determined that the 6,000 square foot lot size was too small for lots which do not abut the golf course. The condition was therefore amended to allow 6,000 square foot lots on the golf course, but 6,500 square foot lots if there is no adjacency to the course. The landscaping palette in the currently adopted Specific Plan significantly limits the plant types permitted on the site. The landscaping plan does not conform to that plant palette. A broadened plant palette has been submitted (Attachment 4), and is to be included as an approved landscaping palette for the entire Specific Plan (Condition No. 20, SP). 475 003 G:\W PDOCS\CCStf.Rpt.SP121. E.wpd The Planning Commission also considered the need for a three car garage on homes with 4 bedrooms within the project. The Planning Commission recommends allowing garages with tandem parking, so that the entire front of the house is not taken up by garage doors (Condition of Approval No. 19). Finally, the applicant expressed a concern regarding Condition of Approval No. 22, which required the removal of the employee parking lot, and completion off -site prior to the issuance of grading permits. The Planning Commission amended the condition to require that this be completed prior to the final inspection of the tenth house, to allow the applicant more time to complete the off -site lot. In addition, at the public hearing Mr. David Erwin of Best Best & Krieger, LLP, made a presentation on behalf of the La Quinta Country Club. A copy of his letter is contained in Attachment 6. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council Certifying an Addendum to Environmental Impact Report #41; Adopt a Resolution of the City Council approving General Plan Amendment 2001-078; Move to take up Ordinance No. _ by title and number only and waive further reading. Move to introduce Ordinance No. on first reading for Zone Change 2001-101; Adopt a Resolution of the City Council approving Amendment No. 5 to Specific Plan 121-E; Adopt a Resolution of the City Council approving Site Development Permit 2001-703; and Adopt a Resolution of the City Council approving Tentative Tract Map 30125; or 2. Do not adopt the above Resolutions; or 3. Remand the applications to the Planning Commission for further consideration; or 476 G:\WPDOCS\CCStf.Rpt.SP 121 . E.wpd Respectfully submitted, Jerry Herman Community Development Director Approved for Submission: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan 121-E Document (large copies for Council only) 3. Esperanza Elevations and Floor Plans (large copies for Council only) 4. Tract Map 30125 (large copies for Council only) 5. Planning Commission Minutes of May 22, 2001. 6. Letter from David Erwin, Best Best & Krieger dated May 11, 2001 4f7 005 G:\W PDOCS\CCStf.Rpt.SP121 .E. wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41 PREPARED FOR GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001-703, AND TENTATIVE TRACT MAP 30125 CASE NO: EIR #41 ADDENDUM APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th of June, 2001 hold a duly noticed Public Hearing to consider an Addendum to Environmental Impact Report #41 for General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 located at the southeast corner of Avenue 50 and Eisenhower Drive, and more particularly described as follows: APN's 658-190-004, 773-020-033, 770-020-021, 773-020-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8th and 22nd days of May, 2001 hold duly noticed Public Hearings to consider an Addendum to Environmental Impact Report #41 for General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 located at the southeast corner of Avenue 50 and Eisenhower Drive; and WHEREAS, said Addendum 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 determined that although the proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Addendum and included in the Conditions of Approval; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certifying said Addendum: 1. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, 4 7� Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no� 0 significant unmitigated impacts were identified by the Addendum. City Council Resolution 2001-_ KSL Development Corporation - EIR#41 Addendum June 5, 2001 2. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Addendum. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The City Council has considered the Addendum to Environmental Impact Report #41 and the Addendum reflects the independent judgement of the City. 473 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). - 007 G:\W PDOCS\CCResoKSLEA#41 .wpd City Council Resolution 2001- KSL Development Corporation - EIR#41 Addendum June 5, 2001 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. 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 correct and constitutes the findings of the City Council for this Addendum. 2. That it does hereby certify this Addendum to Environmental Impact Report #41 for the reasons set forth in this Resolution and as stated in the Addendum attached hereto and made part of. 3. That the Addendum to Environmental Impact Report #41 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California e W10' G:\W PDOCS\CCResoKSLEA#41 .wpd ADDENDUM TO ENVIRONMENTAL IMPACT REPORT (CEQA GUIDELINE 15164) FtW. SPECIFIC PLAN 121-E, AMENDMENT #5 GENERAL PLAN AMENDMENT NO. 2001-078, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-703 AND TENTATIVE TRACT MAP 30125 Planning Commission Resolution 2001-080 Adopted May 22, 2001 City Council Resolution 2001- Adopted June 5, 2001 G:\WPDOCS\EIRAddKSL121 E.WPD I• The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to Environmental Impact Report #41 ("EIR") that the County of Riverside certified in 1975 for the La Quinta Resort Specific Plan, SP 121-E. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT NO. 2001-78, AMENDMENT NO. 5 TO SPECIFIC PLAN 121-E, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-70 AND TENTATIVE TRACT MAP 30125 These are collectively referred to as "the Revised Project." The Revised Project consists of 17.82 acres of the 622 acre project. Six acres of the Revised Project area is currently designated Tourist Commercial and the remaining 11 acres is designated as Low Density Residential. The Revised Project will convert currently vacant lands of which six acres os being used as interim employee parking areas to low density residential lots, and ancillary facilities including a clubhouse and associated amenities. The City has determined that the proposed residential development will be consistent with the density and character of the adjacent residential development, and will be consistent with the goals, policies, and objectives of the City's General Plan and Specific Plan 121-E, as amended. The Revised Project does not represent an increase in the total number of units allowed within the Specific Plan boundary. The Specific Plan "cap" on residential units remains 622 units in the low density residential category. The approvals requested include the following: 1 . General Plan Amendment and Change of Zone to change the designation on six acres of the 17.82 acres from Tourist Commercial to Low Density Residential; 2. Specific Plan Amendment to incorporate the General plan Amendment and Zone Change above, and to expand the landscaping palette within the Specific Plan; 3. Site Development Permit to review the design of three residential unit types for the proposed homes within the same 17.82 acres; and 4. Tentative Tract Map to divide the 17.82 acres into 65 single family lots, a clubhouse lot, and a number of numbered lots for streets and common open space areas. The City has compared the impacts of the Revised Project with those impacts analyzed in the EIR and finds as follows: otn Um G:\WPDOCS\EIRAddKSL121 E.WPD Aesthetics - Impacts no greater than those previously analyzed. The previously approved Tourist Commercial designation will be replaced with less dense housing. The scale, height, and mass will all be reduced within this area as compared with the original project. The elimination of employee parking will be a beneficial impact for the area. Agriculture Resources - Not applicable Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. Hydrology and Water Quality - Impacts lower than those previously analyzed. Tourist commercial development can be expected to generate an equivalent amount of water usage as residential development. The single family homes on the site, however, will create a lower percentage of impervious surfaces, which will result in more surface water percolation. Public Services - Impacts lower than those previously analyzed. The impacts associated with Tourist Commercial development would have been expected to be greater than those associated. Recreation - Impacts no greater than those previously analyzed. The Revised project will include on - site clubhouse facilities, and will be surrounded by golf course. The overall number of residential units within the total project will not increase. Impacts to recreational facilities will not increase over those already analysed. 483 011. G:\WPDOCS\EIRAddKSL121 E.WPD Air Quality - Impacts no greater than those previously analyzed. Although residential development generates a high number of trips per unit, tourist c o m m e r c i a l development is also a high trip generator. Since the certification of the original EIR, PM10 has become an issue of concern in the Coachella Valley. The City requires the development of PM 1 0 management plans, which are reviewed and approved by the City Engineer prior to the issuance of building permits. The project proponent will be required to submit such a plan, which will provide sufficient mitigation to assure that PM 10 impacts are reduced to less than significant levels. The construction air quality impacts will be reduced for single family homes over those analyzed for tourist c o m m e r c i a l development in the EIR, since single family home construction disturbs less ground, is of shorter duration, and requires less equipment. Land Use Planning - Impacts no greater than those previously analyzed. The Revised Project is consistent with the goals, policies and objectives of the General Plan and the Specific Plan, and continues the development pattern established in the Specific Plan. Transportation/Traffic- Impacts less than those previously analyzed. The single family units will not increase the total number of units to be constructed within the project, and will therefore not increase the number of residential trips to be generated by the project at buildout. The elimination of the tourist commercial development will reduce the overall number of trips to and from the project at buildout. G:\WPDOCS\EIRAdd KSL121 E.WPD 012 Biological Resources - Impacts in addition to those previously analyzed. Since certification of the original EIR, species of concern in the Coachella Valley have increased. A preliminary biological resource analysis conducted for the Revised Project indicated the presence of a mesquite hummock on the site, which will be eliminated by the construction of the homes. Mesquite hummocks provide important habitat to a number of species of concern. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Prior to construction or site preparation activities, the project developer shall enter into a Memorandum of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 1.1 acres of mesquite hummock habitat in the Biological Resources cont'd - The Revised project also was identified as potential habitat for Coachella Valley Fringe - toed Lizard and Coachella Valley Milk Vetch. Site surveys are being conducted, and the project proponent will be required to conform to the mitigation measures resulting from these studies. Utilities and Service Systems - Impacts less than those previously analyzed. The proposed residential units will generate a lower need for utilities and service systems than development of a tourist commercial project on six acres of the site. HM 013 G:\WPDOCS\EIRAddKSL121 E.WPD Cultural Resources - Mineral Resources - Not Population and Housing - Impacts no greater than applicable. Impacts less than those those previously previously analyzed. analyzed. The site has The change in land use b e e n previously designation will reduce disturbed, and is not the potential number of expected to contain jobs to be generated by culturally significant the project overall, and resources. Should will not create a need for r e s o u r c e s b e additional housing. encountered during site grading and excavation, the project proponent shall cease all work on the site until an archaeological monitor has been retained. RM 014 G:\WPDOCS\EIRAddKSL121 E.WPD Geology and Soils - Impacts no greater than those previously analyzed. The project proponent shall be required to implement the Uniform Building Code for Zone III groundshaking zones, and shall be required to prepare site -specific soils analysis prior to issuance of building permits. Noise - Impacts have changed from those previously analyzed. A noise impact analysis was prepared for the Revised Project. The noise analysis identified potential impacts to homes adjacent to both Avenue 50 and Eisenhower Drive. In order to mitigate this impact, the following mitigation measures shall be implemented. 1. A 6 foot wall above a four foot berm shall be erected on both the Eisenhower Drive and Avenue 50 frontages of the Revised Project. 2. Interior noise levels shall not exceed 45 dBA CNEL. 3.All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. Construction staging areas shall be located as far from e x i s t i n g residential development as possible. Hm 015 G:\WPDOCS\EIRAddKSL121 E.WPD The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1. substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or 3. new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. am 016 G:\WPDOCS\EIRAddKSL121 E.WPD RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CHANGE IN LAND USE DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR SIX ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50 CASE NO.: GPA 2001-078 APPLICANT: KSL DEVELOPMENT CORP. WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing for KSL Development Corp. for review of a General Plan Amendment to assign a land use designation of Low Density Residential to six acres located within a 17.82 acre parcel at the southeast corner of Eisenhower Drive and Avenue 50, and more specifically described as follows: APN's: 658-190-004, 773-020-033, 773-020-021, 773-020-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th and 22nd day of May, 2001, hold duly noticed Public Hearings for KSL Development Corp. for review of a General Plan Amendment to assign a land use designation of Low Density Residential to six acres located within a 17.82 acre parcel at the southeast corner of Eisenhower Drive and Avenue 50. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings approving said General Plan Amendment: 1. Internal General Plan Consistency. The proposed amendment to the Land Use Map would change the designation on six acres of land from Tourist Commercial to Low Density Residential. The proposed amendment is surrounded by approximately 11 acres designated as Low Density Residential in the General Plan. The proposed amendment maintains consistency within the other General Plan elements, insofar as the Low Density Residential land use designation is the most prevalent designation in the General Plan. 2. Public Welfare. The proposed project requires the extension of all public services to the site as part of project development. In addition, conditions of approval and environmental mitigation measures have been included for this project which address safety and welfare issues, including noise, traffic and water quality. 489 017 G\W PDOMCCReso KSLG PA078.wpd City Council Resolution 2001-_ General Plan Amendment 2001-078 KSL Development Corp. June 5, 2001 3. General Plan Compatibility. The proposed General Plan amendment will be compatible with the surrounding designations in the project area, insofar as the Low Density Residential designation is prevalent within Specific Plan 121-E, and this project will continue this trend of development. 4. Property Suitability. The property is well suited to residential development, being primarily flat, and having adequate access to major roadways. 5. Change in Circumstances. The continued development of the City requires residential dwelling units for new residents, in order to meet the goals of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of the General Plan Amendment; and, 3. That it does approve General Plan Amendment 2001-078 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 4,10 018 G:\WPDOCS\CCResoKSLGPA07 S.wpd City Council Resolution 2001-_ General Plan Amendment 2001-078 KSL Development Corp. June 5, 2001 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 491 019 G:\WPDOCS\CCResoKSLGPA078.wpd EXHIBIT "A" GENERAL PLAN AMENDMENT 2001-078 APPROVED GENERAL PLAN LAND USE 50th AVENUE it c RL 0 x z W N l%1 G TC a PROPOSED GENERAL PLAN/LAND USE 50th - I AVENUE ` RL W ' 492 W x 1 � W N Cj LiJ .0:B r_M0341110L61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CHANGING THE LAND DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR A 17.82 ACRE PARCEL LOCATED WITHIN THE LA QUINTA RESORT SPECIFIC PLAN, AT THE SOUTHEAST CORNER OF EISENHOWER AND AVENUE 50 CASE NO.: ZONE CHANGE 2001-101 KSL DEVELOPMENT CORP. WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing for KSL Development Corp. to review a Zone Change to allow Low Density Residential zoning on a 17.82 acre site at the southeast corner of Eisenhower Drive and Avenue 50, within the La Quinta Resort Specific 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 City Council did make the following mandatory findings recommending approval of said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of single family residential homes within a primarily single family residential Specific Plan. 4. The Zone Change supports the orderly development of the City. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1.PURPOSE. To rezone a portion of land generally located at the southeastern corner of Eisenhower Drive and Avenue 50, known as Assessor's Parcel Nos. 658-190-004, 773-020-033, 770-020-021, 773-020-034, from Village 493 Commercial to Low Density Residential. 021. G:\WPDOCS\Ord KSLZC101 . WPD Ordinance No. _ Zone Change 2001-101 Adopted June 5, 2001 Page 2 SECTION 2. ENVIRONMENTAL. This Zone Change has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the proposed Zone Change will not have a significant adverse impact on the environment. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED this 5th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 494 922 G:\WPDOCS\OrdKSLZC101.WPD EXHIBIT "A" ZONE CHANGE 2001-101 APPROVED ZONING PROPOSED ZONING 50th - I AVENUE ` LDR ; C , CM�. G Z ' W N W G 495 023 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 121-E AMENDMENT NO. 5 FOR A MIXED USE DEVELOPMENT INCLUDING RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 622 ACRES, KNOWN AS THE LA QUINTA RESORT AND CLUB CASE NO. SP 121-E, AMENDMENT NO. 5 APPLICANT: KSL DEVELOPMENT CORP. WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider Specific Plan 121-E, Amendment No. 5, to allow a mixed use development including residential, golf course and tourist commercial uses on 622 acres, generally bounded by the Santa Rosa mountains on the west, Calle Tampico on the south, Coachella Drive on the north and Desert Club (extended) on the east; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001 and 22"d day of May, hold duly noticed Public Hearings to consider Specific Plan 121-E, Amendment No. 5, to allow a mixed use development including residential, golf course and tourist commercial uses on 622 acres, generally bounded by the Santa Rosa mountains on the west, Calle Tampico on the south, Coachella Drive on the north and Desert Club (extended) on the east; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Addendum to Environmental Impact Report #41 was prepared for Specific Plan 121-E and found that although the proposed project will have environmental impacts, all impacts can be mitigated to a less than significant level; 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 to justify approving Specific Plan 121-E, Amendment No. 5: 1. That the proposed Specific Plan 121-E, Amendment No. 5 is consistent with the goals and policies of the La Quinta General Plan in that the proposed Low Density Residential land use designation exists in the General Plan. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the single family residential development will 496 occur within an existing planned community and will be integrated into that community. 024 GAWPD0CS\CCResoKSLSP121E#5.wpd City Council Resolution 2001- Specific Plan 121-E, Amendment #5 KSL Development Corp. Adopted: June 5, 2001 3. That Specific Plan 121-E, Amendment No. 5 is compatible with the existing and anticipated area development in that the project does not increase the total number of units originally intended for development within the area. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. 5. That the Specific Plan 121-E, Amendment No. 5 is consistent with the current Specific Plan approval and amendment process. 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 correct and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with the Conditions of Approval for the proposed Specific Plan; 3. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of this Specific Plan; and, 4. That it does hereby approve Specific Plan 121-E, Amendment #5 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 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA City of La Quinta, California 497 G:\WPDOCS\CCResoKSLSP121 E#5.wpd 0 2 City Council Resolution 2001- Specific Plan 121-E, Amendment #5 KSL Development Corp. Adopted: June 5, 2001 APPROVED AS TO FORM: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California in 4 026 G:\WPDOCS\CCResoKSLSP121 E#5.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT JUNE 5, 2001 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following 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 (CVWD) • Imperial Irrigation District (IID) • 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. 3. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 4. Applicant shall provide an easement of sufficient width to allow the construction of a retaining wall to be extended from the applicant's retaining wall adjacent to Eisenhower Drive. 5. Right of way dedications required of this development include: 403 G:\WPDOCS\CCResoKSLSP121 E5COA.wpd 027 CITY COUNCIL RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT JUNE 5, 2001 A. PUBLIC STREETS 1. Eisenhower Drive (Primary Arterial) - 50-foot half of the 100-foot right of way. 2. Avenue 50 (Primary Arterial) - 50-foot half of the 100-foot right of way, measured from the existing improvement construction centerline. B. PRIVATE STREETS 1. Residential (Street Lots A-F): 31-foot minimum width with roll - type curb (providing minimum travel width of 28-feet, measured gutter flow -line to gutter flow -line). Right of way may be reduced to 29-feet with vertical curbs. On -street parking is prohibited provided and the applicant must make provision for ongoing enforcement of the restriction. 2. Private Gated Entry: 82-feet or as required to provide adequate egress and turn -around for non -admitted visitors, as approved by the City Engineer. 3. Emergency Access (Lot G): 25-foot. C. CULS DE SAC 1 . Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot radius for vertical curbs and 41-foot radius for rolled curbs to provide travel radius of 38-feet measured gutter flow -line to gutter flow -line, or larger. 6. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 7. Dedications shall include additional widths as necessary for the existing bus turnout on Avenue 50. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. 500 028 G\WPD0CS\CCResoKSLSP121 E5COA.wpd CITY COUNCIL RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT JUNE 5, 2001 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 10. The applicant shall create perimeter setbacks and meandering walls along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., meandering sidewalks) are placed on privately - owned setbacks, the applicant shall dedicate blanket easements for those purposes. 1 1 . The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. LANDSCAPING 12. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 13. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 501 029 G:\W PDOCS\CCResoKSLSP121 E5COA.wpd CITY COUNCIL RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT JUNE 5, 2001 The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 14. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS Prior to issuance of a grading permit or 30 days after City Council approval, whichever occurs first, the Specific Plan shall be modified as follows: 15. The words "resort residential" shall be deleted from the first paragraph of page 2.16 of the Specific Plan. 16. Common area pool and clubhouse facility shall be listed separately in Table 2, page 2.17 of the Specific Plan. 17. The Residential Development Standards Table on Page 3.10 shall be amended to read "Minimum Lot Size: 6,500 square feet not abutting golf course, 6000 square feet on the golf course, and minimum livable square footage is 1900 square feet, excluding garages. 18. The Specific Plan shall be amended to include clubhouse buildings, subject to Site Development Permit approval, in the permitted use section of Planning Area II. 19. Tandem parking in the garage shall be allowed to meet the parking requirement for four bedroom houses. 20. The landscaping palette (Table 8, page 2.59) shall be amended to include all plants listed in the "Suggested Plant Material Palette -- La Quinta Resort and Club/Esperanza Village." 21. All mitigation measures in Addendum to EIR #41 shall be incorporated into the Specific Plan by this reference. rJ 0 030 G:\WPDOCS\CCResoKSLSP121 E5COA.Wpd CITY COUNCIL RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT JUNE 5. 2001 22. Prior to final inspection of the tenth house, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. 23. Planning Area III shall be allowed to have a zero lot line for swimming pools. 503 031, G:\WPDOCS\CCResoKSLSP121 E5COA.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE DEVELOPMENT OF 65 SINGLE FAMILY HOMES WITHIN THE LA QUINTA RESORT SPECIFIC PLAN, #121-E, AMENDMENT #5 CASE NO.: SITE DEVELOPMENT PERMIT 2001-703 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing for KSL Development Corporation to allow the construction of 65 single family homes on 17.82 acres within the La Quinta Resort Specific Plan area, more particularly described as: APN's 658-190-004, 773-020-033, 770-020-021, 773-020-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th and 22nd day of May, 2001, hold duly noticed Public Hearings for KSL Development Corporation to allow the construction of 65 single family homes on 17.82 acres within the La Quinta Resort Specific Plan area; and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 2nd day of May, 2001 recommend approval of the proposed project, by adoption of Minute Motion 2001-023, subject to conditions of approval; 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 recommending approval of said Site Development Permit: The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and supports the development of a mix of residential land uses within an established Specific Plan. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance and is consistent with the La Quinta Resort Specific Plan, as conditioned, which establishes development standards for the project. The project, as conditioned meets the City's standards for height, landscaping and land use. 504 032 GAW PDOCS\CCResoKSLSDP703.wpd City Council Resolution 2000- Site Development Permit 703 - KSL Land Development June 5, 2001 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. 4. The proposed Site Development Permit, as conditioned, complies with the architectural design standards for the La Quinta Resort Specific Plan (#121-E, Amendment #5), and implements the development standards and design guidelines included in that document. 5. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards and palette in the La Quinta Resort Specific Plan and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby approve Site Development Permit 2001-703, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of this Specific Plan. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor 5� f City of La Quinta, California 033 G:\W PDOCS\CCResoKSLSDP703. wpd City Council Resolution 2000- Site Development Permit 703 - KSL Land Development June 5, 2001 rAir*1111F JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 506 034 G:\WPDOCS\CCResoKSLSDP703.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-703 JUNE 5, 2001 1 . The final landscaping plan shall include the following plant sizes: Interior Street Trees Accent Trees Unit Screen Trees Perimeter/Entry Shrubs Groundcover Desertscape Ocotillo Vines 24" box minimum 24" box minimum 24;' box minimum 25' trunk height minimum 5 gal. Minimum 1 gal. Minimum 5 gal. Minimum 6' minimum 5 gal. Minimum 2. The applicant shall create perimeter setbacks and meandering walls along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., meandering sidewalks) are placed on privately - owned setbacks, the applicant shall dedicate blanket easements for those purposes. 3. The perimeter wall shall be compatible with the perimeter wall for Duna La Quinta and no more than 6 feet in height, finished with a stucco finish, and articulated with pilasters at a minimum of 60 foot intervals. 4. All changes to the Specific Plan which are also included in the Site Development Permit shall be made to the latter to ensure consistency. The project proponent shall submit amended documents within 30 days of City Council approval or, issuance of a grading permit, whichever occurs first, of the Specific Plan. 5. The perimeter walls along Eisenhower Drive and Avenue 50 shall be constructed at the time the homes are built along either of the two streets. The Community 507 Development Department shall determine the portion of the wall that shall be installed when building permits are issued for the clubhouse. 035 G:\WPDOCS\CCResoKSLsdp703COA.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-703 JUNE 5, 2001 6. The home to be located on lot #16 shall be limited to one story, 22 feet in height. COACHELLA VALLEY WATER DISTRICT 7. Grading and drainage plans shall be submitted to the District for review prior to the issuance of grading permits. 8. The project proponent shall construct suitable facilities to limit access to the La Quinta Evacuation Channel. 9. The project proponent shall obtain an encroachment permit from the District prior to any construction within the right of way of the La Quinta Evacuation Channel. 10. The proposed project shall be annexed to Improvement District Nos. 55 and 82 for sanitation service. 11. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review for the purpose of ensuring efficient water management. RIVERSIDE COUNTY FIRE DEPARTMENT 12. Approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 gpm, for a 2 hour duration at 20 psi. 13. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 14. Gate entrances shall be at least two feet wider than the width of the travel lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40-foot turning radius shall be used. 15. Gates shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins 503 shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. nss G:\WPDOCS\CCResoKSLsdp7O3COA.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-703 JUNE 5, 2001 16. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 17. Prior to any earthmoving activities, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. 509 037 G:\WPDOCS\CCResoKSLsdp703COA.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 17.82 ACRES INTO 65 PARCELS AND A NUMBER OF LETTERED LOTS. CASE NO.: TENTATIVE TRACT MAP 30125 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, a hold duly noticed Public Hearing for KSL Development Corporation to allow the construction of 65 single family homes on 17.82 acres within the La Quinta Resort Specific Plan area, more particularly described as: APN's: 658-190-004, 773-020-033, 773-020-021, 773-020-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th and 22nd day of May, 2001, hold duly noticed Public Hearings for KSL Development Corporation to allow the construction of 65 single family homes on 17.82 acres within the La Quinta Resort Specific Plan area; 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 approving Tentative Tract Map 30125: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential. The Land Use Element of the General Plan encourages differing residential developments throughout the City. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) insofar as Low Density Residential development fits the character of the City's residential community. Finding Number 2 - Consistency with City Zoning Ordinance: A. The proposed development is consistent with the land uses specified in the Zoning Ordinance, as conditioned. Modifications to the City's standards, which are included in Specific Plan 121-E, Amendment #5, are justified. Finding Number 3 - Compliance with the California Environmental Quality Act: 510 A. Tentative Tract Map 30125 is subject to the requirements of the California Environmental Quality Act per Public Resources Code Section 65457(a). An Addendum to Environmental Impact Report #41 has been prepared. U38 G:\WPDOCS\CCResoKS LTT30125. wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 Finding Number 4 - Site Design: A.. The proposed design of the subdivision conforms with the development standards found in the General Plan and Zoning Ordinance, as modified in the Specific Plan. B. The site is physically suitable for the proposed land division, as the area is flat and without physical constraints, and the Tentative Tract Map is consistent with other parcels in the La Quinta Resort project. Finding Number 5 - Site Improvements: A. Infrastructure improvements such as gas, electric, sewer and water will service the site in underground facilities as required. No adverse impacts have been identified based on letters of response from affected public agencies. 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 confirm the conclusion that the Addendum to Environmental Impact Report #41 assessed the environmental concerns of this Tentative Tract Map; and, 4. That it does approve Tentative Tract Map 30125 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 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 511 JOHN J. PENA, Mayor City of La Quinta, California 039 G:\WPDOCS\CCResoKS LTT30125. wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 512 MMI G:\WPD0CS\CC ResoKSLTT301 2 5. wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30125 JUNE 5, 2001 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder 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, construction or building permit, the applicant shall obtain permits and/or clearances from the following 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 (CVWD) • Imperial Irrigation District (IID) • 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NO1) prior to issuance of 513 a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. 041 G:\WPDOCS\CCResoKSLTT30125.wod City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 4. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Applicant shall provide an easement of sufficient width to allow the construction of a retaining wall to be extended from the applicant's retaining wall adjacent to Eisenhower Drive. 8. Right of way dedications required of this development include: A. PUBLIC STREETS 1. Eisenhower Drive (Primary Arterial) - 50-foot half of the 100-foot right of way. 2. Avenue 50 (Primary Arterial) - 50-foot half of the 100-foot right of way, measured from the existing improvement construction centerline. B. PRIVATE STREETS 1. Residential (Street Lots A-F): 31-foot minimum width with roll - type curb (providing minimum travel width of 28-feet, measured gutter flow -line to gutter flow -line). Right of way may be reduced to 29-feet with vertical curbs. On -street parking is prohibited provided and the applicant must make provision for ongoing enforcement of the restriction. 2. Private Gated Entry: 82-feet or as required to provide adequate 514 egress and turn -around for non -admitted visitors, as approved by the City Engineer. 042 G:\WPDOCS\CCReSOKSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 3. Emergency Access (Lot H): 25-foot. C. CULS DE SAC 1. Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot radius for vertical curbs and 41-foot radius for rolled curbs to provide travel radius of 38-feet measured gutter flow -line to gutter flow -line, or larger. 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for the existing bus turnout on Avenue 50. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. 12. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 13. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 14. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 515 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 043 G:\WPDOCS\CCReso KSLTT30125.wod City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 16. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 17. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 18. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 19. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map 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. FINAL MAP(S) AND PARCEL MAP(S) 20. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall 516 M. G:\WPDOCS\CCReso KSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 22. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. 23. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 24. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 517 ME, GAMDOMCCReso KSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 25. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 26. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 27. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. The perimeter walls along Eisenhower Drive and Avenue 50 shall be constructed at the time the homes are built along either of the two streets. The Community Development Department shall determine the portion of the wall that shall be installed when building permits are issued for the clubhouse. 28. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. cJ 18 GRADING 046 &MMOMCCReso KS LTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 29. Provide 2-foot wide flat areas between Lots 1-5 and 55-61 and the water features adjacent to said lots for pedestrian traffic. The pedestrian walking area should be adjacent to the lot lines. 30. Slopes adjacent to the golf course water features shall not exceed 3:1. 31. Prior to issuance of a grading permit, applicant shall submit written verification of the Water Quality Control Board's acceptance of applicant's filing of the Notice of Intent (NOD to comply with State and Federal NPDES regulations. 32. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or 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. 33. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 34. 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, 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. 35. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 36. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 519 G:\WPDOCS\CCReSOKSLTT30125.wpd 047 City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 37. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 38. Stormwater shall normally be retained in the golf course water features. 39. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 40. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 41. Nuisance water shall be retained on site and disposed of in an approved method. 42. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 44. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall 5 r) 0 provide certified reports of trench compaction for approval of the City Engineer. G.\WPDOCS\CCReso KSLTT30125.wpd 048 City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 REQUIRED IMPROVEMENTS 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 46. Provide safety railing along the top of the retaining wall adjacent to Lot 53. Safety railing shall be capable of providing for the safety of pedestrians and occupants of golf carts. 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1 . Eisenhower Drive (Primary Arterial)- Applicant shall comply with the approved Condition of Approval, No. 10, Tentative Parcel Map 28334, which is worded as follows: "As a condition of any final map or other land action allowing development of any portion of this property, the following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: Eisenhower Drive (Primary Arterial) - 76' between curb faces with a 12' raised median along the full frontage of this parcel map." Condition to be amended to read: Applicant shall construct half street improvement in compliance with the General Plan along the full frontage of Eisenhower, comprising that portion of Tentative Parcel Map 28334 and Tentative Tract Map 30125, to a point 60- feet north of the southwest property corner of Tract 28334, Parcel 3. Applicant shall construct six foot meandering sidewalk and 12- foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Applicant shall enter a secured agreement for the cost of the half street improvement from the point 60-feet north of the southwest 521 property corner of Tract 28334, Parcel 3, to the north terminus of the future Eisenhower Drive bridge improvement. 049 G:\WPDOCS\CCResoKSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Ave. 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. B. PRIVATE STREETS Residential (Lots A-F): 28-foot travel width, minimum, measured gutter flow -line to gutter flow -line. On -street parking shall be prohibited and applicant will provide for perpetual enforcement of the restriction by the homeowner's association. 2. Emergency Access (Lot H): Minimum 20-foot travel width, measured gutter flow -line to gutter flow -line. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius, measured gutter flow -line to gutter flow - line. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 49 The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 50. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 51. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 52. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and r) residue for street sweeping. If a wedge or rolled curb design is approved, the 5 4. 050 G:\WPDOCS\CCReso KS LTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.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" The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 54. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 55. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the 051. G:\wPDOCS\CCReSOKSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 61. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 62. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be 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 63. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly 524 released from this responsibility by the appropriate public agency. 052 G:\WPDOCS\CCReso KSLTT30125.wpd City Council Resolution 2001- TTM 30125 - KSL Development Corp. Adopted: June 5, 2001 FEES AND DEPOSITS 64. 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. 65. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 66. Prior to any earthmoving activities, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. 053 5?5 G:\WPDOCS\CCReSOKSLTT30126. wpd ATTACHMENT #1 MILES i AVENUE tv W N 48th AVENUE ' PROJECT W SITE 50th ' AVENUE � c 3 w � 52th AVENUE 0 x z W N ' LiJ 54th AVENUE CASE MAP CASE Na NORTH SCALE: Ou 5 ATTACHMENT #5 Planning Commission Minutes May 22, 2001 Commissioner Kirk stated that the way it is proposed he would not support it. Wit out sees the rear elevation and how the arcade would be designed he wo d not approve it. 23. Commissioner Tyler stated he concurred. They ougWto be able to focus on the 99 Center Store and see thq;rest of!` a site later. Staff suggested that Condition #37 be arr� ... read that the elevations for Buildings "A" "B" , ", and � "�l1.i' . 1rought back to p the Commission. 24. There being no further disc Commissioners Abels/Tyl Resolution 2001-079, app 693, as amended. a. Condition #35.A.: of the arcade sh4 the 99 Cent,i" b. Condition, 35.B.: C. CondltlopjWW35. Cent .+Sure toXa d. CQ�I i tion S5y itiEloioment oved � dP (4 r#_6 by Planning Permit 2001 cluded. The roof to that shown for i "br Buildings "C„ or the 99 t.1e triangular area between the of the floor plans. the parapet along the entire rear ii ' n mended elevations, landscaping, and site o„ „ r Buildings A , B„, C and D shall be submitted to Commission for review and approval prior to rj a of building permits. Signs shall not exceed 50 square feet (7 in'height and 7 feet in length). ROLL A1.L AYES: Commissioners Abels, Butler, Tyler, and Chairman Robbins. NOES:--C,omn-4issiener-Kirk.--AS=-.^None. `— I - ABSTAI.N None. Site Development Permit 2001-703 and Tentative Tract Map 30125; a request of KSL Land Development for, 1) certification of an Addendum to an Environmental Impact Report; 2) a General Plan Amendment and Zoning Change to change lands currently designated as Tourist 5 `' 7 Commercial to Low Density Residential; 3) a Specific Plan Amendment �- establishing development standards and design guidelines for the 05F G:\WPD0CS\PC5-22-01.wpd 8 Planning Commission Minutes May 22, 2001 construction of 65 single family homes, a clubhouse, and amendment of the landscaping plant palette; and 4) development plans for the model homes and subdivision of 17.82 acres into 65 single family and miscellaneous lots to be located on the southeast corner of Eisenhower Drive and Avenue 50. 1. Chairman Robbins opened the public hearing ando sked for the staff report. Planning Manager Christine loch and Planning Consultant Nicole Criste presente1e infa.tq,,,contained in the staff report, a copy of whim''"is on fi�i6, Community Development Department Stiff requested a q1�F?; be adO d that parking for a three car garage tie provided ,1f a pt1 for a fourth bedroom is added. Cott dtlCc i should be t1 ttl. 2. Chairman Robbins asked if tha`i�k#h+i;r 1 ,any questions of staff. Commissioner Tyler asked staff ft1'o�r the house minimum square footage. Staff stair the Spec�fii�� ates 1,200 square feet excluding the garafs,it,ld?e protot�it state 2,131 square feet excluding the ga tq 3. Commissioner Tyler asked staftj'3y51ain Condition #4. Senior Engineer SteyelSpeer stated it is ob explanation of how they widen the street Effie bird"be. Cor(Missioner Tyler asked why there were no d#hditions bn the tdltiiing access width. Staff stated it could,be sdded ttr O'111* f1 m full turn access at the emergency aGq�., the inter dt.j,�'f1`''L''Ing is adequate and the outside pocket is V� t,fl:designed: . alb f1 9 asked if there were any existing homes of this this''dflba. Staff stated no. 5. CpItlllYtiissoner Tyler stated he would like to see the tandem parkin, ' in the garage allowed. Staff stated the development standards could be modified to allow the tandem garage parking. 6. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, stated they have prepared some elevations to address issues raised by staff. He understands the off -site improvements, but not the requirement to build and pay for the retaining wall. Specific conditions they question are the retaining wall easement in Condition #4. They asked that Condition #22 be amended to not tie the parking lot to the development of the houses being constructed on Avenue 50. He suggested that before this parking 52g 057 G:\WPDOCS\PC5-22-01.wpd 9 Planning Commission Minutes May 22, 2001 lot be eliminated the permanent parking lot be built. He asked that a condition be added to allow a development regulation to allow the pool to be built to the zero lot line for Planning Area 3. Condition #10 of the Specific Plan and Condition #2 of the Site Development Permit would need to be changed. 7. Chairman Robbins asked there were any que lions of the applicant. Commissioner Butler asked Mr IIIMaq ,40 explain why . Itthey should have relief from bulldfi'ti ,the r"It f1 wall. Mr. Haag stated that as Eisenhower Doi bridge 45 constructed to four lanes it will encroacFi IntlistingV.olf hole requiring a retaining WO of :"'feet to 0 be constructed. Staff clarified t4f ill, Act Map Condltrt#h ' # 47.A. it explains it better. Senior Engird 0i'1" teve Speer stated the City is consistent with their practice to M pit elopments widen Arterial streets adjacent to their prop ertyit #1i#tkhlh the golf hole is not part of this tract, the prevlp,us pardi'1# fpr the parking lot required them to wicj i elsM7iig, iutbower bri e; along the golf hole frontage. The issu6;6fA4&I Is part of their issue and the retaining wall is, tt second ils til ;i1 lfi, tl,General Plan as currently written requiresrahe foufiianes.'' iupdated General Plan might not. The bri a widening is ingl€ided in the Capital Improvement Projects for li703. Ths requirement is not new, but has been on the site s.lnce its crtibtion. ... rt1 �l Robbin5, l'k"JI&lf there was any public comment. Mr. �e1kIr representing the L Quinta Country Club, stated their 1s:i it giCondition #17 which states the minimum square ige `rrin ftto be built. In regard to the wall, they would st Iti h what is currently there for Duna La Quinta. rjgg the parking lot, they agree with staff's recommendation. te;(ol at the corner of Eisenhower Drive and Avenue 50, is artiy requirement to hide the pool with landscaping. Planning ;ultant Nicole Criste stated there is a six foot high perimeter with landscaping. Mr. Reed asked that the traffic pattern on iue 50 take into consideration their entrance as well. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened it to Commission discussion. 5119 G\WPDOCS\PC5-22-01.wpd to 058 " Planning Commission Minutes May 22, 2001 10. Commissioner Kirk stated they have reviewed other amendments where the procedure was not correct for the site. In this case it is the right use for the site. With respect to the concerns raised, he concurs with staff's recommendation; on the timing, he agrees with the applicant; the zero lot line for pools, he has no objection; the meandering wall averaging 20 feet is acceptablelot sizes at 6000 square feet instead of 6500 feet still needs tgibb addressed; building square footage minimums he does, 6" fees strongly about. 1 1 . Commissioner Butler stated he 1S„iC'oncernedbbit;the parking I¢fi and agrees with the appllcanl;as long,85 it IS d61nditioned.. 9He agrees with the requirement fit the retaining wal4 . 12. Commissioner Tyler stated th6filiftlip11 pning Area II, it talks about minimum lot size for this pro1ggii 64,10hould include the data for this project. He would like.'i knoi,.,tdly how many lots are less than 6500 square. fee.. Sta% a� 1,: there were five. TM rup- µ, Commissioner Tyler stato§gjlt #used on; i d,lnformation provided by the applicant, he his "naIIpidton 13. Chairman Robbins asked If th'eeRiipatibility Ordinance would come into play with .this proStaff stated that if another developer btl ld's a pelt of the project, then it will. 14. Commtsdloner Tyler e#atd the approved Specific Plan document ShOUNI'doigree with"V1Pjt21t'tF ey are approving. 3irrrt6h,,b1ns stated he concurs with staff's recommendation the strr�lH;ldening and retaining wall; timing for parking lot is iptable q *requested by the applicant; zero lot line and the ejtdj ring wall are also acceptable as requested by the applicant; I .h bos no problem with the lot sizes or building square lairman Robbins reopened the public hearing portion of the hearing. Mr. Chevis Hosea, KSL Land Development, stated their objective is to be able to develop a project that is economically feasible. To do this they need a higher density created by allowing some flexibility on the lot sizes. 17. Mr. Reed stated they are in favor of this project. What they have an objection to is any houses built that are less than 1400 square 530 feet. 059 G:\VVPD0CS\PC5-22-01.wpd 11 Planning Commission Minutes May 22, 2001 18. Chairman Robbins closed the public comment portion of the hearing. 19. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-080 recommending certification of amAddendum to Environmental Impact Report #41, as regommen"66�d ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. 20. It was moved and seconded Planning Commission R1 approval of General Plan 2( Tyler, and NT: None oners Kirk/B wpt adopt 01-081 recommending ecommended. ROLL CALL: AYES: Commissiop$ts: Kirk, Tyler, and Chairman Robbih", NOES: ABSENT: None. ABSTAIN: None'. F ,F 21. It was moved anCi secon+pd by Cresioners Kirk/Abets to adopt Planning G rt�missloniF Resolt on 2001-082 recommending 1.approval of sne Chi 'ge 200' 101, as recommended. ROLL CALL,.AVES: Co11 "O.I ssi4blers Abels, Butler, Kirk, Tyler, and llirmanhi>Ys': NOES: None. ABSENT: None. ABSTAIN: None. wbdA d-seconded by Commissioners Kirk/Butler to adopt CeXrimission Resolution 2001-083 recommending of Specific Plan 121-# Amendment #5, as amended. a `C'ondition #10: Add meandering walls b. Condition #17: Minimum lot size is 6500 not abutting golf course, 6000 on golf course, and minimum livable square footage is 1900 square feet, excluding garages. C. Condition #19: Delete and replace with "Allow tandem parking in the garage to meet the parking requirement for four bedroom houses." d. Condition #22: Add, "Prior to final inspection of the 101h house the permanent parking lot shall be completed." e. Condition #23 : Planning Area III shall be allowed to have a zero lot line for swimming pools. 060 531 G:\WPDOCS\PC 5-22-01 .wpd 12 Planning Commission Minutes May 22, 2001 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 23. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-084 recommending approval of Site Development Permit 2001 �03, as amended. a. Condition #2: Delete and r,;,01po mR Specific Plan. a b. Condition #3: Add "th ;;wall d compatible with the Di"00 a La Cl ROLL CALL: AYES: Commissior Chairman Robbins. ABSTAIN: None. #10 of the a s Butler, Kirk, Tyler, and tone. ABSENT: None. 24. It was moved and secpMI ommisslIrs Kirk/Tyler to adopt Planning Commissil'oh "Rd001, 06n 204 1 085 recommending approval of Tentative Traot N Ok _s?mended. a. CondltlpIn' #8 B( i) Chance Lot IG) to Lot (H). b. Con. Won #27,:ihe peri ter walls along Eisenhower Drive 1111. and ;A'venue tip, shall b'eonstructed at the time the homes areibuilt alptiglielt#tt f the two streets. The Community p elopmeri I t epattment shall determine the portion of the that shal[be installed when building permits are issued fr�'(`ftdh'p(ubhouse. o Cendi#ip(t'#47.B.(2): Change Lot (G) to Lot (H). Commissioners Abels, nan Robbins. NOES: AIN: None. Butler, Kirk, Tyler, and None. ABSENT: None. 25. Fellowing discussion it was moved and seconded by Commissioners Butler/Abels to reconsider the motion and vote on Site Development Permit 2001-703. Unanimously approved. 26. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-084 recommending approval of Site Development Permit 2001-703, as modified: a 11) Condition #2 : delete and replace with Condition #10 of the 53.- Specific Plan. G:\WPDOCS\PC5-22-01 .wpd 13 061 Planning Commission Minutes May 22, 2001 b. Condition #3; Add that the wall design and materials will be compatible with the Duna La Quinta perimeter wall. C. Condition #5: the perimeter walls along Eisenhower Drive and Avenue 50 shall be constructed at the time the homes are built along either of the two streets. The Community Development Department shall determine the portion of the wall that shall be installed when building permits are issued for the clubhouse. C. Tentative Tract Map 29858; a reque�liif RJT I i4k" PAr,.review of a9 mendment to reconfigure seven ales In thgt9utlsE;1r�1er of the tr t into 18 single family and otherammorl;lbfs locatetf bli #htely 800 feet south of Avenue 50 antf'of Jefferson11;'''within PaImil Specific Plan. 1. Chai an Robbins opened the putiltb. lirin,g and asked for the staff ort. Principal Planner stI «f4ua presented the informati contained !fMoIllik"M'#f report �=by of which is on file in the Com unity Djeel'i3ptky t'i apartment. 2. Chairman Rob ` s asked if thdi� ii, ll to any questions of staff. Commissioner, �yl as d staff 1 clarify the number of houses to be built in iY`phas Staff clified the plan was referring to the size of tht komes ndt a nur4ber of houses. Commissioner Tyler asked If this chan4o"iH ii r'�t'affect on the water efficiency issue. Stsff sttited no. n+1.. .. bins questioned y Lot "D" on the legend is called as z .,�,81„,Ist and yet Lot on the map is listed as a >pape Ibis Mr. Chris Bergh, MD Consulting representing the opt, stated it is a misprint. The should be reversed. 4. Ctkalrr n Robbins asked if the applicant w Id like to address the Commission. Mr. Chris Bergh was available r any questions. 5. There being no questions of the applicant, nor aN other public comment, Chairman Robbins closed the public particip ion portion of the hearing and asked if there was any Commission cussion. 6. There being no further discussion, it was moved and second Commissioner Abels/Tyler to adopt Planning Commi Resolution 2001-086 recommending approval of Tentative Tr Map 29858, Amendment #1, as recommended. G:\WPDOCS\PC5-22-Ot.wpd 14 by on 531 (I 6" ATTACHMENT 6 BEST BEST SE KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L, UTREWORTK' W ILLIAM R. DEWOLFE' RICNARD T. ANDERSON' JCNN D. WAHLIN' JOHN E. BROWN MICHAEL T. RIODELL' MI CMAEL GRANT' FRANCIS J. BAUM' GEORGE M. REYES' WILLIAM W. FLOYD, JR, GREGORY L. MARDKE KEN DALL M. MACVEY CLARK M. ALSOP OAVID J. ERWIN' MICHAEL J.ANOELBON' DO UOLAS S. PHILLIPS' GREGORY N. WILKINSON GENE TANAKA VICTOR L. WOLF DANIEL E. OLIV IER HOWARD B. GOLDS STEPHEN P. DE ITSCM JOHN R. ROTRCMAEFER MARTIN A. MUELLER J, MICHAEL SUMMEROUR SCOTF C. SMITH JACK B. CLARKE, JR. OR AN M, LEWIS' BRADLEY E, NEUFELD PETER M. BARMACK JEFFREY V. DUNN STEVEN C. DEBAUN' ERIC L GARNER' DENNIS M. COTA P.M.W.F. PEARCE ROBERT W. HARGREAVES C. MICHAEL COWETF BRUCE W. BEACH ARLENE PRAYER MARK A. EASTER MICHELLE OUELLETEE KEVIN N. RANDOLPH CYNTHIA M. GERMANO MARGUERITE S. STRAND KYLE A. SNOW JAMES B. GILPIN KIM A. BYRENS DEAN OERLETH SONIA RUBIO CARVALMO JOHN O. PINKNEY PIERO C. DALLARDA DWIGMT M, MONTGOMERY RICNARD T EGGER FRANKLIN C. ADAMS WILLIAM W060 MERRILL WILLIAM O. OAHUNG, JR. 'A PROFESSIONAL CORPORATION BERNIE L. WILLIAMSON G. HENRY WELLES DAVID J, HANCOCK HAYLEY E. PETERSON ROGER N. CRAWFORD SMAWN D. HAGERTY JAMES P, MORRIS KEVIN T. COLLINS OA= W. NEWMAN JENNIFER T, BUCKMAN MARIA E, OLESS GLEN W. PRICE MARYMICMAEL MCLEOD JAMES R. TOUCHSTONE STEVEN M. ANDERSON ROBERT L. PATTERSON BRYAN K. BENARD JAMIE L, RAYMOND PAULA C. P.BF SOUSA LYSA M. SALTZMAN MARCO A. MARTNEZ JOHN F, WALSM JEFFRY C FERRE DORINE LAWRENCE HUGHES ALISON D. ALPERT KRISMAN S. CMOPRA JAMES C. TURNEY MICHAEL D. DOLIDA Chairman and Members of the Planning Commission City of La Quinta 78-495 Calle Tampico La Quinta, CA Gentlemen: KAREN M. FREEMAN JOMN O. NIOOINSOTHAM MALATHY SUBRAMANIAN USI MESMREKY CRAIG M. MARSHALL JEFFREY S. BALLINGER M. T(ERESA TOLENTNO TIERESA E. ANTONUCCI MELISSA W, WOO E, SEAN ARTKER TRANG T. TRAM CARMEN MARTINEZ CE OSASA TiACIE PHAM JASON C, GLESS WILLIAM J, PRIEST DANIEL S. ROBERTS MARY SETH COBURN LINDSEY A. COTTAM DANIELLE E. GERBER CHRISTINA A. HENRY ELISE L CHENG KRISTN C, VARNER TAM B. TRAN DANIEL E. KATZ RAYMOND BEST (1808 1957) JAMES M. KRIEGER (1013-I 975) EUGENE BEST (I893 I9B1) May 11, 2001 79-760 HIGHWAY I 1 I, SUITE 200 INDIAN WELLS, CALIFORNIA 92210 POST OFFICE BOX 1 3630 PALM DESERT, CALIFORNIA 92255 TELEPHONE (76O) 568-261 I TELECOPIER I760) 340-6698 BBNLAW. COM OF COUNSEL CHRISTOPHER L, CARPENTER MICHAEL O. MARRIS' ANNE T. THOMAS DONALD F. ZIMMER' CHRISTINA L. DYER D. BRIAN REIDER KIRK W. SMITH DINA O, MARRIS WARREN 9, DIVEN ROBERT J, MANNA DANIEL O. STEVENSON OFFICES IN RIVERSIDE (909) 666-1450 ONTARIO (909) 080-8584 SAN DIEGO IS 19) 525 1300 ORANGE (J 19) 939-5990 Re: ADDENDUM TO ENVIRONMENTAL ASSESSMENT #41, GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001-703, AND TENTATIVE TRACT MAP 30125 Thank you for the opportunity to address you on May 8, 2001 regarding the above - referenced matter (item VI F. on the Agenda). I wish to restate briefly, comments made on that date, as well as an additional comment that is important to this matter. On behalf of the La Quinta Country Club immediately to the north of the proposed project, our concerns are as follows: 1. The lot size of 6,000 square feet is proposed as opposed to your minimums of 6,500 square feet. There were no reasons given in the staff reports of why the reduction was necessary or desirable. It would appear that if you are going to reduce the item below your stated minimums, there should be a good reason for same. 2. There was nothing in the staff reports relating to the square footage of the houses. I spoke with a representative of the prespective developer of the property who indicated the square footage was planned from 2,400 square feet of living area to in excess of 3,000 square feet 063 534 RJ,,1PUB\DJE\192397 LAW OFFICES OF BEST BEST & KRIEGER LLP Chairman and Members of the Planning Commission City of La Quinta May 11, 2001 Page 2 of living area. If that is the case, and is included in the approvals, we have no problem and would support the development. 3. We have concerns regarding the security of the units and the traffic that will be generated therefrom. It is proposed, and I would assume be assured, to be a single family development which is a compatible extension of the existing properties to the north and east. 4. The item not mentioned which I believe is important to this project is the relocation at an early date of the existing parking for hotel employees. The condition as stated in the staff report would indicate prior to any earth moving activities, the parking would need to be relocated. We agree with this and suggest that you clarify this matter by indicating that prior to any earth moving activities on any part of the property, the parking facilities be relocated to the satisfaction of the City. It is important for this project as well as adjacent property owners. Once again, thank you for the opportunity to address the Commission. I am sure you will consider the comments made and make the best judgment possible for the City of La Quinta as well as the surrounding area. yours, Very trul aviXErwin of BEST BEST & KRIEGER LLP DJE: alr RMPUB\DJE\182497 535 064 COUNCIL/RDA MEETING DATE: June 5, 2001 Public Hearing on Environmental Assessment 2001- 421 Certifying a Mitigated Negative Declaration and Approving: (1) General Plan Amendment 2000-073 to Permit Overhead Utilities to Remain on 92 Kv Joint - Use Transmission Poles, (2) an Amendment to Specific Plan 84-004, Updating the Land Use Plan and Utility Under -grounding Requirements for Rancho La Quinta on 723 Acres, (3) Amending Tract Map 29457 (Phases 1 and 2) and Tentative Tract Map 29457 (Amendment #1), Subdividing 283 Acres into 265 Single Family and Other Common Lots, and (4) Amending all Subdivision Maps within Rancho La Quinta to Eliminate the Under -grounding of Overhead Utilities along Arterial Streets for Property Bounded on the North by Avenue 48, on the South by Avenue 50, on the West by Washington Street and on the East by Jefferson Street Applicant: T. D. Desert Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-421 for the following cases; 2. Adopt a Resolution of the City Council approving General Plan Amendment 2000-073, subject to findings; 3. Adopt a Resolution of the City Council approving Specific Plan 84-004 (Amendment #4), subject to findings and conditions; 4. Adopt a Resolution of the City Council approving Amending Tract 29457 (Phases 1 and 2) and Tract 29457 (Amendment #1), subject to findings and conditions; 5. Adopt a Resolution of the City Council approving Amending Tract 27952 and Tract 27952 (Amendment #1), subject to findings and conditions; 53F SR CC Rancho 6-5-01 Greg T.; R 5-4/5/23 - Page 1 SP 50 Santa Rosa Form 6. Adopt a Resolution of the City Council approving Amending Parcel Map 20469, subject to findings and conditions; 7. Adopt a Resolution of the City Council approving Amending Tract 27840, subject to findings and conditions; 8. Adopt a Resolution of the City Council approving Amending Tract 28343, subject to findings and conditions; 9. Adopt a Resolution of the City Council approving Amending Tract 28640, subject to findings and conditions; 10. Adopt a Resolution of the City Council approving Amending Tract 28912, subject to findings and conditions; 11. Adopt a Resolution of the City Council approving Amending Tract 27835, subject to findings and conditions; 12. Adopt a Resolution of the City Council approving Amending Tract 29306, subject to findings and conditions; 13. Adopt a Resolution of the City Council approving Amending Tract 25154, subject to findings and conditions; and 14. Adopt a Resolution of the City Council approving Amending Tract 29283, subject to findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History On June 1, 1999, the City Council adopted Resolution 99-73 approving a third amendment to SP 84-004 that reduced the amount of Tourist Commercial acreage from 40 to 10, and number of residential units to 1,300 located generally east of Washington Street, west of Jefferson Street, north of 50th Avenue, and south of 48th Avenue. This Amendment also modified the on -site street system and various graphic 53 w exhibits and tables. 00ti SR CC Rancho 6-5-01 Greg T.; R 5-4/5/23 - Page 2 SP 50 Santa Rosa Form At the February 15, 2000, City Council meeting, T. D. Desert Development requested a waiver to the under -grounding of utility lines on high voltage power poles surrounding Rancho La Quinta pursuant to Chapter 8.030 of the La Quinta Charter and Municipal Code. The City Council, on a 5-0 vote, instructed the applicant to "prepare and submit the necessary amendments for the Rancho La Quinta Specific Plan and Tract Maps (Attachment #1)." Project Request In addition to the Environmental Assessment, the following applications have been filed: General Plan Amendment to amend General Plan Policy 7-1 .4.3 to allow all existing utility lines attached to joint -use 92 Kv transmission power poles to be exempt from under -grounding. This would be effective citywide. Specific Plan Amendment to modify the development standards and design guidelines by adding five acres and eliminating the under -grounding requirements for utility lines on joint -use 92 Kv transmission power poles (Attachment #2). The total number of proposed residential units for the development is unchanged. This Plan identifies four planning areas for development. Various Parcel and Tract Mao Amendments request to delete the portion of the condition requiring under -grounding of utility lines on the 92 Kv power poles. Tract Map 29457 is being amended to add the new five acres for the ultimate development of 265 residential and other common lots on 283 acres of the Tract (Attachment #3) for property generally west of Jefferson Street. Planning Commission Review On May 8, 2001, the Planning Commission recommended approval of the developer's various requests by adoption of Resolutions 2001-065 thrbugh 2001-078, subject to findings and conditions (Attachment #4). As recommended by the Planning Commission, Condition #61 of SP 84-004 was added requiring the water needed to irrigate the golf course be canal water. Public Notice This request was advertised in the Desert Sun newspaper on May 14, 2001 (1/8 page ad) and all property owners within 500-feet of the affected area were mailed a copy of the public notice. Additionally, property owners in the development were sent a copy of the public hearing notice. Letters of protest are attached (Attachment #5). FINDINGS AND ALTERNATIVES: The necessary 538 findings g y to approve this request can be made, and are included in the attached Resolutions. 003 SR CC Rancho 6-5-01 Greg T.; R 5-415/23 - Page 3 SP 50 Santa Rosa Form The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-421 for the following cases; Adopt a Resolution of the City Council approving General Plan Amendment 2000-073, subject to findings; Adopt a Resolution of the City Council approving Specific Plan 84-004 (Amendment #4), subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 29457 (Phases 1 and 2) and Tract 29457 (Amendment #1), subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 27952 and Tract 27952 (Amendment #1), subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Parcel Map 20469, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 27840, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 28343, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 28640, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 28912, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 27835, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 29306, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 25154, subject to findings and conditions; Adopt a Resolution of the City Council approving Amending Tract 29283, subject to findings and conditions; or 2. Do not approve the above -mentioned Resolutions; or 3. Provide staff with alternative direction. Respectfully submitted, 539 tm SR CC Rancho 6-5-01 Greg T.; R 5-4/5/23 - Page 4 SP 50 Santa Rosa Form Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes of Feb. 15, 2000 2. New Specific Plan Exhibit 3. Tract Map Exhibits 4. May 8, 2001 Planning Commission Minutes 5. Letters of Protest 6. Large Plans and Other Related Documents (Council only) 5 4 a) 005 SR CC Rancho 6-5-01 Greg T.; R 5-4/5/23 - Page 5 SP 50 Santa Rosa Form RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2000-073, SPECIFIC PLAN 84-004, AMENDMENT #4, AMENDING TRACT 29457 (PHASES 1 AND 2) AND TENTATIVE TRACT MAP 29457, AMENDMENT #1, AMENDMENT TO CONDITIONS OF APPROVAL FOR PARCEL MAP 20469 AND TRACT MAPS 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, AND 29283 ENVIRONMENTAL ASSESSMENT 2001-421 APPLICANT: WATSON & WATSON ENGINEERING WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th of June, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-421 for General Plan Amendment 2000-073, Specific Plan 84-004, Amendment #4, Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 located between Washington and Jefferson Streets, north of Avenue 50, in the City of La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8th of May, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-421 for General Plan Amendment 2000-073, Specific Plan 84-004, Amendment #4, Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 located between Washington and Jefferson Streets, north of Avenue 50, and on a vote of 5-0 adopted Resolution 2001-065, recommending certification to the City Council; 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 although the proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment K, Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, Mai MM A:\Reso CC Rancho EA421 .wpd Resolution No. 2001- T. D. Desert Development June 5, 2001 Page 2 27835, 29306, 25154, and 29283 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Assessment and included in the Conditions of Approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify recommending certification of said Environmental Assessment: 1. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-421 . 2. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457( Amendment #1), Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 549 29306, 25154, and 29283 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as 007 AAReso CC Rancho EA421.wpd Resolution No. 2001- T. D. Desert Development June 5, 2001 Page 3 no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 - Amendment #4, Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457 (Amendment #1), Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed General Plan Amendment 2001-073, Specific Plan 84-004, Amendment #4, Amending Tract 29457 (Phases 1 and 2) and Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, and 29283 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The City Council has considered the Environmental Assessment 2001-421 and the Environmental Assessment reflects the independent judgement of the City. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. 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 correct and constitutes the findings of the City Council for this Environmental Assessment. 54;; 2. That it does hereby certify Environmental Assessment 2001-421 for the �O8 A:\Reso CC Rancho EA421 .wpd Resolution No. 2001- T. D. Desert Development June 5,2001 Page 4 reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-421 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEI A, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) 54.E JWR AAReso CC Rancho EA421.wpd Resolution No. 2001- T. D. Desert Development June 5, 2001 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 545 010 AAReso CC Rancho EA421.wpd 1 . Project Title: General Plan Amendment 2000-073, Specific Plan 84-004, Amendment #4, Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 2. Lead Agency Name and Address: City of La Quinta, 78-495 Calle Tampico, La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125 4. Project Location: South side of Avenue 48, between Washington and Jefferson Streets, and north of Avenue 50. General Plan Amendment is Citywide 5. Project Sponsor's Name and Address: Watson & Watson Engineering 77-682 Country Club Drive, Suite F-2 Palm Desert, CA 92211 6. General Plan Designation: Low Density Residential, Golf Course and Tourist Commercial 7. Zoning: Low Density Residential, Golf Course and Tourist Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment to allow an exception to the current General Plan standard requiring the undergrounding of utility lines. The Amendment would allow lines on joint -use with 92kV lines to remain above ground. Specific Plan Amendment and Tentative Tract 29457 to add 5 acres to the existing project site. Amendment to the Conditions of Approval on all other maps listed about to allow for overhead utility lines to remain. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. Project is surrounded on all sides by streets. Beyond the streets: North: Low Density Residential and Regional Commercial South: Low Density Residential. West: Low Density Residential and Golf Course East: Riverside County lands, generally low density residential 54C 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) 011. PAEA checklistRLQ EA 01-421.wpd Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards and Hazardous Public Services Materials Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise H Mandatory Findings Geology and Soils Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier FIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier FIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Print Name Date CITY OF LA QUINTA For Ex] INI [a n 54x 012 P:\EA checklistRLQ EA 01-421.wpd Evaluation of Environmental Impacts: 1 ) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off - site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 549 P:\EA checklistRLQ EA 01-421.wpd 013 3 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial, light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) P:\GREG\EAChecklist RanchoLO.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X 1:1 X X nX X 549 014 IV U c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Specific Plan Project Descr.) e) Create objectionable odors affecting a substantial number of people? (Specific Plan Project Descr.) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, Exhibit 5-1) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Historic/Archaeological Survey, CRM Tech, March 2001) P:\GREG\EAChecklist RanchoLQ.wpd V X 0 X X X X X X 550 015 b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Historic/Archaeological Survey, CRM Tech, March 2001) c) Disturb or destroy a unique paleontological resource or site? (Lakebed Delineation Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (Historic/Archaeological Survey, CRM Tech, March 2001) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4- 30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) X X /:1 X X X X X X X X 55.1 016 P:\GREG\EAChecklist RanchoLO.wpd VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR, page 4- 57 ff.) X X X X X X X X 3 X 7 P:\GREG\EAChecklist RanchoLQ.wpd 017 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-57 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-57 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, p. 4-157 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan EIR, p. 4-157 ff.) X X X m X 1:1 X X X K9 X 55? P:\GREG\EAChecklist RanchoLQ.wpd c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. 4-157 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (MEA, p. 6-15 ff.) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (MEA, p. 6-15 ff.) XII. POPULATION AND HOUSING: Would the project: A) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. 1 Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: X M X 3 X X X X X X X a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) X 019 554 P:\GREG\EAChecklist RanchoLQ.wpd 9 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Application materials) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application materials) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4- 20) X X X X X X X ro 3 EI X 555 WE P:\GREG\EAChecklist RanchoLQ.wpd 10 e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) XVIL MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. X M X 1 0 X Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 1 5063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Impact Report #90 was used the preparation of this report. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 556 See attached Addendum. 021. P:\GREG\EAChecklist Ranchol-Q.wpd 11 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. City of La Quinta Municipal Code Historical/Archaeological Resources Survey Report Five Acre Addition to Rancho La Quinta, CRM Tech, March 2001 557 022 P:\GREG\EAChecklist RanchoLQ.wpd 12 Addendum for Environmental Assessment 2001-421 a) & c) The General Plan Amendment proposes to allow utility lines which currently occur on poles which carry 92 kV lines to remain on those poles, as the 92 kV lines are not required to be under -grounded. The other utility lines could include other lower -voltage electrical lines, telephone, cable television and similar providers. The poles are generally located in or adjacent to the public right of way of major roadways in the City. Many of these roadways are also designated Image Corridors in the General Plan. The electrical poles which carry 92 kV lines would remain under current General Plan regulations, since they are too costly to underground, and are not required to be undergrounded by City policy. The only change to the aesthetic environment which would occur with the proposed amendment is that the additional wires, which occur at a lesser height than the 92 kV lines, would remain. The amendment also proposes the use of landscaping to help to lessen the impact of these lines on the visual environment. Finally, since the greatest visual impact of these lines is the poles on which they occur, not the utility lines themselves, and since the poles would remain to carry the 92 kV lines regardless of the General Plan Amendment, and since the addition of landscaping would be included in the General Plan Amendment, the impact to the aesthetics along Image Corridors is not expected to be significant. III. c) & d) The proposed Tract Map Amendment will create seven residential lots and one retention basin lot on a five -acre parcel. The primary impacts to air quality from these lots will be from mobile emitters. The trips generated by seven residential lots will not be significant, nor will the trips generated for the maintenance of the well site. The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). Dust will be created by the proposed project during construction. In order to control PM10, the City has imposed standards and requirements on development to control dust. These are integrated into the following mitigation measures: 1 . No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. The applicant shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary 5 5 R power poles to avoid on -site power generation. 023 P:\GREG\EA 421 Adden Rancho.WPD 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an ongoing basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 1 1 . All residences on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from the proposed project fall within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. IV. a) The proposed project occurs within the fee payment area of the Coachella Valley Fringed -toed Lizard Habitat Conservation Plan (CVFTL HCP). The proposed project also occurs in a blowsand hazard area. The project site may 559 024 P:\GREG\EA 421 Adden Rancho.WPD be habitat for the Coachella Valley Fringed -toed lizard. The California Department of Fish and Game has declared that since it was not a signatory to the CVFTL HCP, it is currently requiring mitigation for this species as required by CESA. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. Prior to the issuance of grading permits on the 5-acre addition to Specific Plan 84-004, the project proponent shall complete, or cause to be completed, a biological resource analysis on the subject property. Such a study shall be undertaken by a qualified biologist, utilizing protocols established for the Fringed -toed Lizard. The biological analysis shall include a final report, to be submitted to the Community Development Department for review and approval. The report shall include mitigation measures, if required should the species be present on site. V. b) A cultural resource survey and testing program was conducted for the subject property'. The survey found no resources on the site. The project archaeologist does recommend, however, that given the high occurrence of significant sites in the City, it is possible that buried artifacts could be encountered during the construction process. In order to mitigate this potential impact, the Historic Preservation Commission recommends the following mitigation measure shall be implemented: 1 . A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of building permits for the first production residence in Tract 29457. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. In order to protect the City from this hazard, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) & c) The proposed project site is composed primarily of sandy soils, and is located in a blowsand hazard area. Sandy soils must be properly compacted prior to 560 Historical/Archaeological Resources Survey, prepared by CRM Tech, March 2001. 025 P:\GREG\EA 421 Adden Rancho.WPD construction to assure long-term stability. The City Engineer will be required to review excavation and compaction plans for the proposed project site prior to the issuance of grading permits. The following mitigation measure will be required in order to reduce the impacts of unstable soils on the proposed site: 1 . Prior to issuance of a grading permit, the project proponent shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure(s) being constructed. Vill. d) & f) The proposed project, through the construction of residential units, will create impermeable surfaces, which will change drainage patterns in a rain event. The project site is located in Flood Zone A. The project will be required to meet the City's standards for retention of the 100-year storm on -site, and to address on - site flooding potential during a 100-year storm. This will control the amount of runoff which exits the site during a storm. The site's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. XI. a) & c) The proposed Tract Map Amendment is located in an area which currently meets the City's noise standards. The addition of seven housing units and a well site are not expected to generate excessive noise levels, and the impacts to surrounding existing sensitive receptors is not expected to be significant in the long term. The construction of the well site and seven residences will create short term noise impacts to the surrounding existing sensitive receptors. In order to ensure that these impacts are mitigated, the following shall be implemented: 1 . All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 2. Construction staging areas shall be located as far from existing residential development as possible. 3. Prior to the initiation of well drilling activities, the Coachella Valley Water District shall complete the construction of a wall around the drilling site, to reduce noise levels emanating from the drilling activity. 561 026 P:\GREG\EA 421 Adden Rancho.WPD ƒ § \ » / a \ \ � / § 0 \ \ Q 0 k / / ) _ ]° ) u \§ § .( )) E § ) � » 2 \§ � \ §{ 2 ) »# §\ §° =3 � z . c Q \ jz Q [ ) � ® $2 6 \) � 2 \ 5S7 \ 027 / W F d' A U � W w U O U U U ti All, a A�oQ o U v) a.a�UF G C b cl b 0 .O O O 0 U m a7 y F r�ii ^ r ❑ o U A o U y O o U y N 1 a O U U 0 b0.0 O O qq qq z E � > U Q U U U U z o W F d a � zU d W a U O U �r O F O o Q U b0 .G. b Go � O U F � y O a a � �o � N U Q 0 z O U u � O F rh U a n 3 d Q 28 w a } \� \) � / � 2 ) ; )§ \)� S�@ § � ` ) / )§ \ [\ } � � {g § / (\ Ja ( ®/ \4 9 00 & \\ / \� ƒu E/ \ §. ) � }\ 2 § � \ 0 0 c t E) \ §( P4 e . t* t Sa S \ \ J= j § f \§ ® coo E 561 Ogg \ c \� 2� \� / $ § _ \ � «\ � \ .\ \\ j§ )o /( » S � z ƒ 2 k )z ( ( \ \ §§ a (§ \ { \ \� § )u � § � § _ \ 0 2 2 § \ \ e \ \ \ } (§ )E _ � \ \ \ § § 565 OSO \ { § RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT TO MODIFY GENERAL PLAN POLICY 7-1.4.3 TO ALLOW EXISTING OVERHEAD UTILITY LINES TO REMAIN ON TRANSMISSION POLES OF 92 KILOVOLTS ALONG ARTERIAL STREETS IN THE CITY CASE: GENERAL PLAN AMENDMENT 2000-073 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 51h day of June, 2001, hold a duly -noticed Public Hearing to consider amending the City of La Quinta General Plan Infrastructure and Public Services Element (Policy 7- 1 .4.3) to allow existing overhead utility lines to remain on joint -use 92 Kv transmission poles adjacent to Arterial Streets in the City of La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81h day of May, 2001, hold a duly -noticed Public Hearing to consider amending the City of La Quinta General Plan Infrastructure and Public Services Element (Policy 7-1 .4.3) to allow existing overhead utility lines to remain on joint -use 92 Kv transmission poles adjacent to Arterial Streets in the City of La Quinta and on a 5-0 vote adopted Resolution 2001-066 approving said amendment; 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 pursuant to Section 9.230.020 of the Zoning Ordinance to justify approval of said General Plan Amendment: The proposed Amendment is consistent with the goals, objectives, and policies of the General Plan Circulation Element which defines the design standards for the primary circulation system for the City stating that vertical landscaping (i.e., palms) shall be used with trees to create landscape themes on Image Corridors to reduce the visibility of overhead transmission lines. 2. The proposed change to allow the existing overhead utility lines to remain in place does not change the visual character of the City in that the high voltage lines would exist regardless of this proposed change. 3. Approval of the Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the utility lines already exist and were installed to state and federal standards and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case; and 5 6 G 031. A:\RESOcc GPA73 Rancho.wpd - Greg T. 2. 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 3. That it does hereby approve this General Plan Amendment request for the reasons set forth in this Resolution per attached Exhibit "A." PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 51h day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 567 032 A:\RESOcc GPA73 Rancho.wpd - Greg T. GENERAL PLAN AMENDMENT 2000-073 EXHIBIT "A" Existing General Plan Policy (7-1.4.3) The City shall require the under -grounding of all existing and proposed overhead electric lines, less than 12.5 kilovolts, to enhance the visual quality of the City. Proposed General Plan Policy (7-1.4.3) The City shall require the under -grounding of all existing and proposed overhead electric lines, less than 34.5 kilovolts, to enhance the visual quality of the City. All existing utility lines attached and parallel to joint -use 92 Kv transmission power poles are exempt from the under -grounding requirement. Should under -grounding costs become economically feasible in the future for high voltage transmission lines, the City, in conjunction with other public agencies and private property owners, shall explore ways to remove the overhead lines from Image Corridors through such methods as an assessment district, etc. Until removal can take place, vertical landscaping shall be installed outside the utility easement corridor to screen the power poles and guyed wires pursuant to the policies prescribed in Chapter 2 (Circulation Element) of the General Plan. 563 033 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO SPECIFIC PLAN 84-004 ALLOWING A MIXED USE DEVELOPMENT CONSISTING OF A COMBINATION OF RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 723 ACRES, GENERALLY BOUNDED BY WASHINGTON STREET, JEFFERSON STREET, AVENUE 48, AND AVENUE 50 CASE NO.: SP 84-004, AMENDMENT NO. 4 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly -noticed Public Hearing to consider Specific Plan Amendment No.4 to allow a mixed use development consisting of a combination of residential, golf course, tourist commercial and retail uses on 723 acres which includes adding five acres to the development and removing the requirement to underground overhead utility lines on high voltage joint -use power poles, generally bounded by Washington Street, Jefferson Street, Avenue 48, and Avenue 50; 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 Specific Plan Amendment No.4 to allow a mixed use development consisting of a combination of residential, golf course, tourist commercial and retail uses on approximately 723 acres which includes adding five acres to the development and removing the requirement to underground overhead utility lines on high voltage joint - use power poles, generally bounded by Washington Street, Jefferson Street, Avenue 48, and Avenue 50, and on a 5-0 vote adopted Resolution 2001-067, recommending approval, subject to findings and conditions; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Assessment was conducted for Specific Plan 84-004 (Rancho La Quintal in 1998, for the overall development of the Rancho La Quinta Country Club. A Mitigated Negative Declaration to the Addendum to Environmental Impact Report No. 90 was certified by the City Council (Resolution 98-47) on May 19, 1998. 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 569 the Community Development Department has prepared an Initial Study (EA 2001-421) A:\resocc SP84-004=do.4 Greg T. 034 Resolution No. 2001- Specific Plan 84-004, Amendment #4 Rancho La Quints CC June 5, 2001 Page 2 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. 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 a recommendation for approval of said Specific Plan Amendment No. 4: That the proposed Specific Plan Amendment No. 4 is consistent with the goals and policies of the La Quinta General Plan in that the proposed land use designations of Residential, Golf Course/Open Space, and Tourist Commercial are allowed General Plan uses. Adding five acres to the project for low density residential usage complies with the City's General Plan standards. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses and circulation will require Planning Commission and City Council review and approval of future development plans, which will ensure adequate conditions of approval. 3. That the Specific Plan Amendment No. 4 is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate site access and off site street improvements. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. Allowing power lines to remain on high voltage power poles abutting arterial streets surrounding Rancho La Quinta is not consider a new health hazard that will affect local residents adversely based on information provided from by the Imperial Irrigation District. 5. That the Specific Plan Amendment No.4 is consistent with the current Specific Plan approval and amendment process. 6. That the proposed Specific Plan Amendment No. 4 is conceptual; further review will be required under a Site Development Permit review process at which time project related conditions will be attached to mitigate impacts. JI0 035 A:\resocc SP84-004amdo.4 Greg T. 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 correct and constitute the findings of the City Council in this case; 2. That it does hereby certify 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 3. That it does hereby approve the above -described Specific Plan Amendment request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5ch day of June, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) 571 1 A:\resocc SP84-004amdo.4 Greg T. APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California f 037 AAresocc SP84-004amdo.4 Greg T. RESOLUTION NO. 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 84-004, AMENDMENT NO. 4 (RANCHO LA QUINTA) JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 1 . Land divisions within Specific Plan 84-004 (Amendment #4) shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 2. Prior to the issuance of a grading or building permits for any facilities contemplated by this approval, the applicant shall obtain permits and/or clearances from the following departments or 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 (Potable water supply and work within the La Quinta Evacuation Channel) • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 3. 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. M 573 COA.SP84-004AMDA04 - Greg T. - P 1 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment N4 - Rancho La Quinta June 5, 2001 Page 2 PROPERTY RIGHTS 4. All easements, rights of way and other property rights required of or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of final maps or parcel maps or a waivers of parcel maps lying over or adjacent to the required property rights. The conferral shall include irrevocable offers to dedicate or grant easements .to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 5. Prior to approval of final maps, parcel maps or grading plans and prior to issuance of grading permits, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 6. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 7. The applicant shall grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way grants required of this development include: A. Washington and Jefferson Streets - Sixty -foot halves of 120' rights of way B. Avenues 48 and 50 - Fifty -five-foot halves of 1 10' rights of way Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 574 COA.SP84-004AMD.N04 - Greg T. - P 2 039 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 3 The applicant shall grant the above rights of way withing sixty days of written request by the City. 9. The applicant shall grant flood easements to CVWD for all areas of the development below the elevation of 50.00 feet which are not drainage isolated Ito elevation 50.00) from the La Quinta Evacuation Channel. The applicant shall endeavor to offer easements over currently -improved portions of the channel within six months of the approval of this specific plan update. Easements over unimproved portions shall be offered for dedication when subdivided or otherwise approved for construction. 10. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 11 . The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: Washington Street - As constructed at the time of this Specific Plan Update. Avenues 48 and 50 and Jefferson Street - 20 feet. Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the property being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 12. The applicant shall vacate abutter's rights of access to Washington and Jefferson Streets and Avenues 48 and 50 from lots abutting the streets. Direct access to these streets shall be restricted to entry/exit drives approved by the City. COA.SP84-004AMD.N04 -Greg T. - P 3 575 1M Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quints June 5, 2001 Page 4 13. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. FINAL MAP(S) AND PARCEL MAP(S) 14. Prior to approval of any land division map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 15. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD)• The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. COA.SP84-004AMD.NO4 - Greg T. - P 4 576 041. Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 5 Plans for improvements not listed above shall be in formats approved by the City Engineer. 16. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. 17. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 18. When final plans are approved by the City, and prior to approval of the land division map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 19. The applicant shall construct improvements and/or satisfy obligations, or furnish executed, secured agreements to construct improvements and/or satisfy obligations required by the City prior to approval of final or parcel maps or issuance of certificates of compliance for waived parcel maps. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. COA.SP84-004AMD.NO4 - Greg T. - P 5 J/7 042 Resolution No. 2001- Conditions of Approval- Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 6 20. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 21. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which are or have been constructed by others (participatory improvements). At the time of approval of this specific plan update, known participatory improvements consist of the following: Avenue 48 - Reimburse the A.G. Spanos Company in the amount of $60,555.59 for pavement and median curbing installed on the south side of Avenue 48 between Washington and Adams Streets as part of offsite improvements for Tract 24230 - Lake La Quinta. This amount shall be reduced by the applicant's approved costs for installation of landscaping in the north half of said median. GRADING 22. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 23. Prior to occupation of development sites for construction purposes, the Applicant shall submit and receive approval of Fugitive Dust Control plans prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, 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. 578 043 COA,SP84-004AMD.NO4 - Greg T. - P 6 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 7 24. The applicant shall comply with the City's Flood Protection Ordinance. The applicant shall coordinate with the Federal Emergency Management Agency's National Flood Insurance Program and take steps as necessary to ensure that residential properties abutting the La Quinta Evacuation Channel are not subject to the flood insurance associated with the Flood Zone A designation of the Channel. 25. The applicant shall furnish a thorough preliminary geological and soils engineering report ("soils report") with grading plans. 26. Grading plans shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of grading permits. The grading plan shall conform with the recommendations of the soils report(s) and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final map(s) that soils reports have been prepared pursuant to Section 17953 of the Health and Safety Code. 27. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to issuance of building permits, the applicant shall provide documents, bearing the seal and signature of a California registered civil engineer or surveyor, that list actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by map and lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 579 COA.SP84-004AMD.N04 -Greg T. - P 7 044 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 8 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 31. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 33. Nuisance water shall be retained on -site. 34. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may required under the City's NPDES Permit or other City- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The tract CC & R's shall reflect the existence of this potential obligation. UTILITIES 35. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. 36. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the hardscape improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 580 COA.SP84-004AMD.NO4 - Greg T. - P 8 045 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 9 STREET AND TRAFFIC IMPROVEMENTS 37. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the land being divided may be subject to the provisions of the ordinance. 38. The applicant shall develop all internal roads in accordance with the design standards specified in the specific plan and the structural standards in effect at the time of tentative tract approval. All internal roads shall remain private. The minimum street width shall be 36 feet as measured between curbfaces or flowlines except as follows: A. Single -loaded residential streets - 32-feet minimum. B. Streets may be constructed to minimum widths of 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, if there is adequate off-street parking for residents and visitors and the applicant provides for enforcement of the restrictions by the homeowners association The following minimum off -site street improvements shall be constructed to conform with the General Plan street type noted in parentheses: C. Washington Street and the portion of Avenue 48 from Washington Street to Dune Palms Road have been constructed by the applicant at the time of this Specific Plan Amendment. D. Avenue 48 (Primary Arterial) - Reimburse the City for the cost to construct the applicant's half of this street from Dune Palms Road to Jefferson Street. E. Jefferson Street (Major Arterial) - Fifty -one -foot half of 102 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. F. Avenue 50 (Primary Arterial) - Forty -three-foot half of 86 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. 581 COA.SP84-004AMD.N04 - Greg'r. - P 9 046 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 10 G. Traffic signal at Jefferson Street and Avenue 48 - 25% responsibility for the cost to design and construct. H. Traffic signals on Avenue 48 at Adams Street, at Dune Palms Road - 50% responsibility for the cost to design and construct. Traffic signal at Avenue 50 entrance - 50% responsibility for the cost to design and construct. J. Traffic Signal at Jefferson Street and Avenue 48 - 50% responsibility for the cost to design and construct. The Applicant shall be solely responsible for any modifications required to adapt existing signals for the opening of this developments entries. Signals shall be secured (reimbursed if already constructed by others) with development approvals for the entries affected and shall be constructed prior to the opening of the entries unless otherwise approved by the City Engineer. Corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. In the event any of the above improvements are constructed by the City prior to the Applicant recording a final map pursuant to the phasing concept approved for this Specific Plan, the Applicant shall reimburse the City, at the time the final map is approved by the City Council, for the cost of that portion of the improvements constructed by the City at City expense that are required by these Conditions of Approval. 39. The minimum rate of progress on the applicant's remaining responsibility for off - site streets (approximately 2.1 of the original 3.1 miles of improvements) shall be as follows: A. The applicant shall reimburse the City for the cost of improvements to Avenue 48 between Dune Palms Road and Adams Street at the time of approval of the next final map or other development approval providing additional residential or resort guest property. B. The applicant shall secure the estimated cost of Jefferson Street improvements (or reimburse actual costs if already constructed) as follows: 1j 8 047 COA.SP84-004AMD.NO4 - Greg T. - P 10 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 11 11 Prior to construction of permanent, non -emergency access to this street, or 2) At the time of approvals allowing residential or resort guest uses in the portion of the specific plan area lying within one quarter mile of the centerline of Jefferson Street. This obligation may be pro rated with development approvals for the first 80 percent of such property within that area until permanent non -emergency access is provided to Jefferson Street or the City Engineer determines that improvements are needed, in part, because of traffic generated by the specific plan area. 3) Construction or reimbursement shall be complete prior to approval of the final 20 percent of the residential or resort guest acreage within this area. C. The applicant shall secure the estimated cost of Avenue 50 along applicant's frontage and Avenue 48 between Dune Palms Road and Jefferson Street (or reimburse actual costs if already constructed) concurrently with approvals allowing residential or resort guest uses in the portion of the specific plan area lying east and south of the La Quinta Evacuation Channel and more than one -quarter mile west of the centerline of Jefferson Street. The provision of security and construction/reimbursement of these improvements shall comply with the provisions listed above for Jefferson Street improvements except that reimbursement for the Avenue 48 improvements shall precede securing/constructing Avenue 50 improvements until the pro rata contributions are needed for pending construction of Avenue 50 improvements. The above notwithstanding, off -site street improvements determined necessary to serve developing portions of the specific plan area shall be secured or reimbursed at the time of approval of those portions of the development and shall be constructed concurrently with those portions. All off -site street improvements COA.SP84-004AMD.NO4 - Greg T. - P `�+ 3 I1 v L' Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 12 shall be completed no later than five years after the approval of this Specific Plan unless otherwise approved by the City Council. Improvements and reimbursements so required may exceed the minimum rate of progress outlined above. 40. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 41. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 42. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, the specific plan, and as approved by the City Engineer. 43. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801 , and #805 respectively unless otherwise approved by the City Engineer. 44. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 45. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). COA.SP84-004AMD.NO4 - Greg T. - P 12 584 ME Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 13 The minimum pavement sections shall be 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" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 46. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access to publicly -maintained streets. The improvements shall include streets and sidewalks, traffic control devices and street name signs. WALLS AND LANDSCAPING 47. Final inspection and occupancy of homes and buildings within tracts abutting the perimeter will occur only after the perimeter wall has been constructed adjacent to those tracts. Perimeter walls along public streets shall be installed within one year of the applicants' construction or participation in the costs of the streets. 48. The applicant shall provide landscape improvements in the perimeter setback areas or lots along all adjacent public streets. Landscape improvements shall coincide with construction of the adjacent perimeter wall unless otherwise approved by the City Engineer. 585 COA.SP84-004AMD.N04 -Greg T. - P 13 050 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 14 49. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 50. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 51. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public streets. 52. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. PUBLIC SERVICES 53. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 54. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 55. The subdivider shall arrange and bear the cost of measurement, sampling and testing not performed by the City but necessary to provide evidence that materials and their placement comply with plans and specifications. 56. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 57. 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 COA.SP84-004AMD.N04 -Greg T. - P 14 051. Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta June 5, 2001 Page 15 of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 58. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 59. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 60. Fringe -Toed Lizard mitigation fees in effect at the time of permit issuance, shall be paid. FIRE MARSHALL 61. All water mains and fire hydrants providing required water flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 62. The Homeowner's Association or appropriate community service district shall be responsible for the maintenance of vegetation in the open space areas. 63. All roads need to be a minimum of 20 feet unobstructed width. 64. Specific access plans shall be submitted with each subdivision map application. Cul-de-sac street lengths shall be allowed to exceed 660 feet in length (Subdivision Ordinance Street design Section 13.24.060 F) upon approval of the Public Works Department and Fire Marshal. Z) 052 COA.SP84-004AMD.N04 -Greg T. - P 15 Resolution No. 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quints June 5, 2001 Page 16 MISCELLANEOUS 65. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. The final Conditions of Approval shall be incorporated in the Final Specific Plan document (8 copies). 66. Prior to the issuance of grading permits on the 5-acre addition to Specific Plan 84-004, the project proponent shall complete, or cause to be completed, a biological resource analysis on the subject property. Such a study shall be undertaken by a qualified biologist, utilizing protocols established for the Fringed - toed Lizard. The biological analysis shall include a final report, to be submitted to the Community Development Department for review and approval. The report shall include mitigation measures, if required should the species be present on site. 67. Prior to issuance of any grading permit, mitigation measures as recommended by the Archaeological Reports for the site shall be implemented at the applicant/developer's expense. This consists of having an archaeological monitor on -site during grading and earth disturbance operations and/or trenching. 68. 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. 69. Canal water shall be the primary water source (51 % or more) for golf course areas, or as much as can be delivered by the Coachella Valley Water District. 053 COA.SP84-004AMD.NO4 - Greg T. - P 16 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 29457 (PHASES 1 AND 2) AND TENTATIVE TRACT MAP 29457 (AMENDMENT #1) TO ALLOW A CHANGE TO CONDITION #36 OF CITY COUNCIL RESOLUTION NO. 2000-02 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A 265-LOT IN RANCHO LA QUINTA CASE NUMBERS: AMENDING TRACT MAP 29457 (PH. 1 AND 2) AND TTM 29457, AMENDMENT #1 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 51h day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 36 of City Council Resolution 2000-02 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 283 acres into 265 single family and other common lots, located on the south side of 48`h Avenue and west of Jefferson Street in Rancho La Quinta with connections to Tracts 29283 and 29306; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 36 of City Council Resolution 2000-02 and on a vote of 5-1 adopted Resolution 2001-068 recommending approval, subject to findings and conditions (See Condition #38); and WHEREAS, the City Council of the City of La Quinta, California, did on the 41h day of January, 2000, hold a duly noticed Public Hearing approving the subdivision of a 277.9 acres into 262 single family and other common lots, located on the south side of 48`h Avenue and west of Jefferson Street, more particularly described as: Being a subdivision of Parcels 12, 14, 15, and 17 of Parcel Map 20469 and portions of Parcels 6, 7, 9-11, 13, 18, and 19 of PM 20469; Section 32, T5S, R7E, SBBM WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 58`3 RESO CC TT29457 - Greg 054 Resolution No. 2001 Amending Tract 29457 (Phases 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development June 5, 2001 Page 2 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 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. Tract Map 29457 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 to off -site streets in Tracts 27835 and 29283. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. .5590 RESO CC TT29457 - Greg 0 5 .) Resolution No. 2001 Amending Tract 29457 (Phases 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development June 5, 2001 Page 3 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. 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 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; 591 RESO CC TT29457 - Greg 050 Resolution No. 2001 Amending Tract 29457 (Phases 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development June 5, 2001 Page 4 3. That it does certify 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 Tract Map 29457 (Phase 1 and 2) and Tentative Tract Map 29457 (Amendment #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 5tn day of June, 2001 by the following vote, to wit: AYES: NOES: /_1:1-14l1tIB "i 41 IlAW JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) 59� RESO CC TT29457 - Greg 057 Resolution No. 2001 Amending Tract 29457 (Phases 1 and 21 and TTM 29457, Amendment #1 T. D. Desert Development June 5, 2001 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California RESO CC TT29457 - Greg 593 M. RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 29457 (PHASES 1 AND 2) TENTATIVE TRACT MAP 29457, AMENDMENT #1 T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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. This tentative map and any final maps thereunder 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. This Map is valid until June 5, 2003, unless extended by the requirements of the LQMC. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following Departments and 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 (CVWD) • Imperial Irrigation District (IID) • 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. 594 A:\Condcc Tr29457#1 Ranchompd-Greg Page I Page 1 of 12 059 RESOLUTION NO. 2001-_ CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. This project requires a project specific NPDES Permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Development Impact Fee Program or other infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Public Streets 11 Jefferson Street - Applicant's half of 120-foot right of way. B. Private Streets 1) Lots A, F, G, I, & K (Double -Loaded) - 37 feet. 2) Lots B, D, E, H, J & S (Single -Loaded) - 33 feet. 3) Lot C (Entryway on Jefferson Street) - 91 feet or as otherwise approved by the City Engineer 59 15 AXondcc Tr29457#1 Ranchompd - Greg Page 2 Page 2 of 12 0 RESOLUTION NO. 2001-_ CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 3 4) Cul de Sac Bulbs - 39-foot radius, minimum. C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 9. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 11 . The applicant shall create 20-foot perimeter setbacks along Jefferson Street. The 20- foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48, Jefferson Street, Avenue 50 except for the Jefferson Street entryway aligned with Avenue 49 and CVWD well sites. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map 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. AXondcc Tr29457N1 Rancho.wpd-Greg Page 59` Page 3 of 12 063. RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 4 FINAL MAP(S) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior 597 A \Condcc Tr29457#1 Ranchompd -Greg Page 4 Page 4 of 122 06.. RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 5 to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements according to the conditions of approval for Specific Plan 84-004. 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, improvements for any improvement agreement will not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. qTl A:\Condcc Tr29457#1 Rancho.wpd - Greg Page 5 Page 5 of 12c RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 6 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 25. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 26. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. 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. 27. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations 599 064 AACondcc Tr29457#1 Rancho.wpd -Greg Page 6 Page 6 of 12 RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 7 on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given n this condition are not an entitlement and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with this requirement is impractical, however, the City will consider which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. 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, 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. 30. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 31. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. 32. Maximum pad elevation for following lots shall be: Lot 259 45.6 feet Lot 260 46.4 feet Lot 261 47.1 feet Lot 262 48.0 feet Lot 263 48.7 feet Lot 264 49.2 feet Lot 265 49.8 feet DRAINAGE 33. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 600 065 A:\Condcc Tr29457#1 Ranchompd -Greg Page 7 Page 7 of 12 RESOLUTION NO. 2001-_ CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 8 34. If the applicant proposes discharge of stormwater directly or indirectly to the Whitewater Drainage Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 35. The tract shall be designed to accommodate purging and blowoff water from any well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 36. Lots 259 through 265 shall have a common area retention basin in conformance with Engineering Bulletin #97-03. UTILITIES 37. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 38. 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. 39. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 40. The applicant is responsible for the following street improvements which shall conform with the City's General Plan in effect at the time of construction: 601 1.• A:\Condcc Tr29457#1 Rancho.wpd -Greg Page 8 Page 8 Of 12 RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 9 A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) - Reimburse the City for the outside 20 feet of pavement, curb & gutter and install six-foot meandering sidewalk. 2) Avenue 48 (Primary Arterial) - Reimburse City for half street improvements per the provisions of Specific Plan 84-004. 3) Avenue 50 (Primary Arterial) - 43-foot half of the 86-foot improvement (curbface to curbface) plus 6-foot meandering sidewalk. For the length of the applicant's frontage. B. ON -SITE PRIVATE STREETS 1) Lots A, F, G, I, & K (Double -Loaded) - 36 feet between curbfaces. 2) Lots B, D, E, H, J & S (Single -Loaded) - 32 feet between curbfaces. 3) Lot C (Entryway on Jefferson Street) - Stacking room (minimum) for four in- bound vehicles without blocking the public sidewalk (may be split into two lanes of two each). 4) Culs de Sac - Per Riverside County Standard 800 (symmetric) or 800A (offset), 38-foot curb radius. 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices; street name signs and sidewalks. Mid -block street lighting is not required. 42. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 43. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 44. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City 0 Engineer. 067 A:\Condcc Tr29457#1 Rancho.wpd -Greg Page 9 Page 9 of 12 RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 10 45. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 46. Direct access from public streets is limited to Lot C which shall align with Avenue 49. 47. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): 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" 48. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 49. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 50. The applicant shall provide landscaping in required setbacks and common lots. 603 i.' AXondee Tr29457#1 Rancho.wpd -Greg Page 10 Page 10 of 12 RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 11 51. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 53. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 54. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 55. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 56. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 57. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be 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. 604 l•• A:\Condcc Tr29457#1 Rancho.wrd - Greg Page 11 Page 11 Of 12 RESOLUTION NO. 2001- CONDITION OF APPROVAL - RECOMMENDED AMENDING TR. 29457 AND TR. 29457, AMENDMENT #1 JUNE 5, 2001 PAGE 12 MAINTENANCE 58. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AND DEPOSITS 59. 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. MISCELLANEOUS 60. All applicable conditions of Specific Plan 84-004 shall be met. 605 070 A:\Condcc Tr29457#1 Rancho.wpd -Greg Page 12 Page 12 Of 12 RESOLUTION NO. 2001- 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 51h 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 81h 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 191h 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, T5S, 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 606 RESO cc TT27952 - Greg - 071. Resolution No. 2001 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development June 5, 2001 Page 2 WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and 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. 607 RESO cc TT27952 - Greg 0 7 2 I �. Resolution No. 2001 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development June 5, 2001 Page 3 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. 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 608 RESO cc TT27952 - Greg 073 Resolution No. 2001 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development June 5, 2001 Page 4 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 5th day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 609 RESO cc TT27952 - Greg 074 . RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 27952, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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. 610 Cond cc Tr. 27952 Greg T - P Page 1 of 8075 7J Resolution No. 2001- Conditions of Approval - Recommended 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 1 1 . Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") 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 611 076 Cond cc Tr. 27952 Greg T - P Page 2 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27952 June 5, 2001 Page 3 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". 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. 612 Cond cc Tr. 27952 Greg T - P 077 Page 3 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27952 June 5, 2001 Page 4 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. 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). 613 1 Cond cc Tr. 27952 Greg T - P Page 4 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27952 June 5, 2001 Page 5 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. 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 614 program, the applicant shall design and construct street improvements as listed below. 079 Cond cc Tr. 27952 Greg T - P Page 5 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27952 June 5, 2001 Page 6 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. 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 615 maximum center island curb radius of 5-feet unless otherwise approved by the City Engineer and Fire Marshal. 080 Cond cc Tr. 27952 Greg T - P Page 6 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27952 June 5, 2001 Page 7 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. LANDSCAPING 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 616 and related improvements. 081 Cond cc Tr. 27952 Greg T - P Page 7 of 8 Resolution No. 2001- Conditions of Approval - Recommended 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. MISCELLANEOUS 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. 617 Page 8 of 8 RESOLUTION NO. 2001- 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 5th 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 8th 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 18th 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 13.20.1 15 of the Subdivision Ordinance; and 618 RESO cc PM 20469-Greg T. 083 Resolution No. 2001 Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta 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. 619 RESO cc PM 20469-Greg T. 084 Resolution No. 2001 Conditions of Approval - Recommended 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. 620 RESO cc PM 20469-Greg T. 085 Resolution No. 2001 Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta T. D. Desert Development June 5, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 51h day of June, 2001 by the following vote, to wit: Fffi*3 NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JEN SON, City Attorney City of La Quinta, California 621 RESO cc PM 20469-Greg T. 086 RESOLUTION NO. 2001- CONDITIONS OF APPROVAL - RECOMMENDED AMENDING PARCEL MAP 20469, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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 SITE PLAN 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 622 Cond cc PM 20469 - Greg Page 1 09 6 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta June 5, 2001 Jefferson Street. The construction and phasing of the public street improvements shall be in accordance with the conditions of approval for SP 84- 004. 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. 1 1 . 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. 643 089 Cond cc PM 20469 - Greg Page 2 of 6 Resolution No. 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta June 5, 2001 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. 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. Public Utilities and Services 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: 694 ti Cond cc PM 20469 - Greg Page 3 of 6 Resolution No. 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta June 5, 2001 111 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. 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. Miscellaneous 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 6 5 archaeologist shall be contacted immediately and appropriate mitigation measures shall be taken. 090 Cond cc PM 20469 - Greg Page 4 of 6 Resolution No. 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta June 5, 2001 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. 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. 626 091. Cond cc PM 20469 - Greg Page 5 of 6 Resolution No. 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta June 5, 2001 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. 627 092 Cond cc PM 20469 - Greg Page 6 of 6 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 27840 TO ALLOW A CHANGE TO CONDITION #14 OF CITY COUNCIL RESOLUTION NO. 94-25 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA (SPECIFIC PLAN 84-004) CASE NO.: AMENDING TRACT MAP 27840 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council 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 City Council Resolution No. 94-25 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 55 acres into 130 single family and other common lots, located on the southeast corner of Washington Street and 481h Avenue in Rancho La Quinta connecting to Tracts 28343, 28640 and 27952; 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. 14 of City Council Resolution No. 94-25 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 55 acres into 130 single family and other common lots, located on the southeast corner of Washington Street and 481h Avenue in Rancho La Quinta connecting to Tracts 28343, 28640 and 27952 and on a 5-0 vote adopted Resolution 2001-071 approving the request, subject to conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 22"d day of February, 1994, hold a duly noticed Public Hearing approving the subdivision of 55 acres into 130 single family and other common lots (i.e., TTM, Amendment #1) under Resolution 94-25, located on the southeast corner of Washington Street and 48th Avenue, more particularly described as: Being a portion of Parcels 1, 2, 5 and 8 of Parcel Map 20469; NE and NW Quarters of Sections 31 and 32, T5S, R7E, SBBM 0�g RESO cc TT27840 Greg T - 093 n3 Resolution No. 2001 Amending Tract Map 27840 T. D. Desert Development June 5, 2001 Page 2 WHEREAS, Tract Map 27840 was recorded with the County of Riverside Recorder's Office on May 25, 1994; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and 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 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. Tract Map 27840 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 643 RESO cc TT27840 Greg T - 094 Resolution No. 2001 Amending Tract Map 27840 T. D. Desert Development June 5, 2001 Page 3 designed. Private streets provide access to all lots and to adjacent 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. 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; and, 630 RESO cc TT27840 Greg T - 095 3. That it does hereby approve Amending Tract Map 27840 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 51h day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California /e11i111*16 JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 631 RESO cc TT27840 Greg T - 096 RESOLUTION NO. 2001- CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 27840, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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. 27840 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. 63? COND PC TR 27840 Orig. - GREG-p Page 1 of 15097 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 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 provide landscape improvements in the setback lots along 481h Avenue and Washington Street. Design of these setbacks shall be reviewed and approved by the Planning Commission. The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas along 48' Avenue. Use of lawn shall be minimized with no lawn and spray irrigation within 5-feet of street curb. 8. Landscaping and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect and approved by the Community Development and Public Works Departments, CVWD and the Riverside County Agricultural Commissioner. 9. Applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. 10. 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 11. Development of the project site shall comply with amended map Exhibit "A" for TTM 27840, and the following conditions. 633 i COND PC TR 27840 Orig. - GREG-p Page 2 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 3 12. The development of custom, single family lots, if any shall be governed by the following: A. The applicant shall establish a Design Review Committee to review and approve all custom home development within the Tract. The main objectives of this Committee shall be to assure building architecture, building materials and colors, building heights and setbacks, and landscape design follow appropriate design themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's CC and R's. B. Prior to issuance of an occupancy permit for any house within TTM 27840, landscaping/groundcover shall be installed and appropriately maintained. C. All roof -mounted equipment shall be screened form view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. D. No two-story units shall be allowed within 75-feet of 48th Avenue per Specific Plan 84-004. E. Minimum dwelling unit sizes are 1,400 square feet (living area). F. All dwelling units shall have a minimum two car garage measuring 20' by in overall size. G. Lot 60 of this map shall be increased to have a minimum frontage of 50 feet. H. Prior to approval of any final map within this amended tentative map, golf course Lots L through S of this map shall be merged with Parcel 5. 13. 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. 634 099 COND PC TR 27840 Orig. - GREG-p Page 3 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 4 UTILITIES 14. 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. 15. 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. MAINTENANCE 16. Prior to recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The CC and R's shall be recorded at the same that the final map is recorded. A Homeowners' Association with the unqualified right to access the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the HOA. IMPROVEMENT AGREEMENT 17. 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 as specified hereinafter. 6 3 100 COND PC TR 27840 Orig. - GREG-p Page 4 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 5 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If tract improvements are phased with multiple final maps, off -site improvements and tract -wide improvements (i.e., perimeter walls, common areas and setback landscaping, and gates) required of any final map within this map unless otherwise approved by the City Engineer. Tentative map improvements shall be constructed or secured prior to approval of the first final map. 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. 19. The applicant shall reimburse the development to the north for the actual cost to that development for construction of improvements to the south side of Avenue 48 contiguous to this tentative tract. This reimbursement may be deferred until Phase II of the Rancho La Quinta development provided the applicant provides security in guarantee of the reimbursement. ACQUISITIONS AND DEDICATIONS 20. Applicant shall dedicate or deed public street right-of-way and utility easements for the full Rancho La Quinta development of which this map is a part. Said easements shall conform with the City's General Plan, Municipal Code, applicable specific plans and as required by the City Engineer. Dedications or deeds required for approval of this tract include: A. Avenue 48: 55-feet width right-of-way B. Washington Street: 60-feet half width right-of-way from the specific plan centerline of Washington Street as amended and provided by the City. Additional right-of-way as necessary to provide a minimum of 12 feet of right-of-way behind the curbing for the full length of Washington Street frontage. The main entryway shall include corner cutbacks in addition to the 12-foot setback. C. North boundary of tentative tract - easement for acceptance of drainage from existing facilities in sag point in Avenue 48. Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. 6 3 0 101. COND PC TR 27840 Orig. - GREG-p Page 5 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 6 Dedication or deeding of street rights -of -way and utility easements shall be made within 60-days of written demand for such dedications by the City Engineer concurrent with approval of any final map within this tentative map, whichever event occurs first. Prior to Final Map approval, the applicant shall make a good -faith effort to acquire, at a fair price, the land parcel known as Riverside County APN 617- 310-023, a wedge of property lying between Washington Street and the southwest corner of the Rancho La Quinta property. If successful in acquiring the property, the applicant shall dedicate or deed right-of-way along the Washington Street frontage of the property at the time of approval of the tentative map. If the applicant is not able to acquire the property at a fair price, the applicant shall, prior to approval of the final map, submit a request to the City to acquire the property via the power of eminent domain. The request shall be guaranteed by security in the amount of 150% of the appraised cost of the property plus estimated legal fees, administrative fees and court costs. If the property is acquired in this manner, the applicant shall deed or dedicate Washington Street right-of-way and common -area setback lots along this property within 60 days of the acquisition of the property. The applicant shall be responsible for one third of the cost of the acquisition (including legal and administrative costs and court costs) of this property. The City will grant a credit to the applicant in the amount of two thirds of the cost of the acquisition. The credit will be made against the applicant's other obligations with respect to this development. The means of granting of this credit shall be determined at a later date. 21. Prior to approval I of the first final map under this tentative map, the applicant shall dedicate or deed common area setback lots, of minimum width as noted, for the full length of the Rancho La Quinta development adjacent to the following street rights -of -way: A. Avenue 48 and Washington Street: 20 feet Minimum widths may be used as average widths for meandering wall designs. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate or deed blanket easements over the setback lots for those purposes. Setback lots not shown on the amended map shall be designated as such on the 3.7 final map(s)• 102 COND PC TR 27840 Orig. - GREG-p Page 6 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 7 22, The applicant shall vacate vehicle access rights along the following streets from lots abutting the streets: A. Avenue 48 B. Washington Street Access along these streets shall be restricted to approved project entries and emergency access locations. 23. The applicant shall dedicate or deed any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 24. 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. 25. The requirements of the City's Off -Street Parking Ordinance (Chapter 9.150) shall be met concerning all supplemental accessory facilities. 26. 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. 27. Graded but undeveloped land shall be maintained in a condition so as to prevent dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 28. The applicant shall comply with the City's Flood Protection Ordinance. 29. A grading plan shall be prepared by a registered civil engineer. The plan 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. 638 103 COND PC TR 27840 Ong. - GREG-p Page 7 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 8 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. 30. 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. 31. 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. 32. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. For common retention basins a trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons/day per 1,000 feet of drainage area. The retention basin slopes shall not exceed 3:1 . If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 33. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 34. The applicant shall consider drainage from adjacent developments as required in the specific plan and herein above. 35. 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. 639 104 COND PC TR 27840 Orig. - GREG Page 8 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 9 36. 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. 37. 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. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This includes street width transitions extending beyond the tract boundaries. 38. The following street and landscaping improvements shall be constructed to conform with the General Plan street type noted in parentheses: 1. Washington Street (Major Arterial) - 48' half width with medians. The half -width improvements shall extend from Avenue 48 southerly to a point west of the most westerly southwest corner of the Rancho La Quinta development. 2. Washington Street at Eisenhower Drive - modifications of traffic signal for four -legged intersection. The Applicant shall pay all consists of the modification and shall reimburse the City for its 640 105 COND PC TR 27840 Orig. - GREG Page 9 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 10 $3,400 cost of the design of said modification. If the Applicant's total cost for the design and modification of the signal exceeds by any amount the $25,000 cap set forth in the Development Agreement underlying this tract, that amount shall be credited toward the Applicant's obligation to participate in the improvement of Adams Street between Avenue 48 and Highway 1 1 1. 3. Adams Street (Primary Arterial) - 80-foot full improvement widths. The applicant shall participate in 9.6% of the cost to design and construct Adams Street between Avenue 48 and Highway 111, including the cost of signals at Highway 1 11 and Avenue 48. The 9.6% figure is based on a prorata share of traffic contributed by the Rancho La Quinta project to Adams Street based on a calculation made by City staff utilizing the traffic study prepared for SP 84-004. B. ON -SITE STREETS 1 . Main interior circulation road - 36-feet wide. 2. Residential streets adjacent to Lots 89-91 and Lots 62-71 - 26-feet wide. 3. All other interior streets - 32-feet wide. 39. Access points and turning movements of traffic shall be restricted as follows: A. Avenue 48 at Adams Street - full -turn access to line up with Adams Street; B. Washington St. at Eisenhower Dr. - full -turn access to line up with Eisenhower Drive. LANDSCAPING 40. The applicant shall provide landscaping improvements in required setbacks, common, and median lots along the following streets: A. Avenue 48 and Washington Street The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 641 106 COND PC TR 27840 Orig. - GREG Page 10 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 11 41. Prior to approval of building permits, the applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the sue of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by CVWD and the State Department of Water Resources. B. Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. 42. 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. 43. The applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. QUALITY ASSURANCE 44. 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. 642 107 COND PC TR 27840 Ong. - GREG Page 11 of 15 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 12` 45. 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. 46. 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 47. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. 48. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscaped setbacks and retention basins until those areas have been accepted for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council. 49. 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 an 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 planning for routine and long term maintenance. FEES AND DEPOSITS 50. Prior to the issuance of any building permits, -the applicant shall provide the Community Development Department with written clearance from the DSUFD that the per -unit impact fees have been paid. 51. 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. COND PC TR 27840 Orig. - GREG Page 12 of 15 643 M Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 27840 June 5, 2001 Page 13 FIRE DEPARTMENT 52. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") 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. 53. 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". 54. 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. 55. 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. 56. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 57. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant location will be stipulated when building plans are reviewed by the Fire Department. MISCELLANEOUS 58. On- and off -site grading, drainage, street, lighting, landscaping and irrigation, park, gate and perimeter wall plans shall be submitted to the Engineering 644 COND PC TR 27840 Orig. - GREG Page 13 of 15 109 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27840 June 5, 2001 Page 14 Department for plan checking. The plans are not approved for construction until they have been signed by the City Engineer. 59. 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. 60. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the subject property. 61. Restroom facilities for the grounds keepers shall be provided in the vicinity of golf course, and a permanent golf course and homeowners maintenance facility shall be constructed on the property to the satisfaction of the Community Development Director. 62. All outdoor lighting shall comply with Section 9.60.160 of the Zoning Ordinance. 63. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The applicant/developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area maintenance. Compost materials shall be stored for pick-up by Waste Management, or an authorized hauler for transplant to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. 64. The specific plan requires 10 acres of land to be dedicated for park purposes. 7.8 acres has been dedicated to date. The balance of 2.2 acres shall be paid as a in -lieu fee prior to recordation of the final map. 64;) COND PC TR 27840 Orig. - GREG Page 14 of 15 110 Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 27840 June 5, 2001 Page 15 65. Per the Specific Plan Conditions of Approval, a contribution of $100,000.00 as a fire mitigation measure, shall be paid prior to issuance of the first building permit for production of any custom homes. 66. Tract phasing plans, including tract phases in the order of the approved phasing plan. Improvements required of each final map shall be completed and accepted by the City Council prior to issuance of Certificates of Occupancy within the map unless otherwise provided in the phasing plan. 67. Along 36-foot wide streets, stripped and labeled golf cart lanes shall be provided to the satisfaction of the City Engineer and Director of Community Development. 68. A complete pedestrian and bicycle path system shall be provided within the project. The design shall be subject to the approval of the Community Development Director. 69. All conditions and requirements of the CVWD shall be met as noted in their letter dated August 10, 1993, on file at City Hall. 646 COND PC TR 27840 Orig. - GREG Page 15 of 15 111 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 28343 TO ALLOW A CHANGE TO CONDITION #25 OF CITY COUNCIL RESOLUTION NO. 96-40 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 28343 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 511 day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 25 of City Council Resolution No. 96-40 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 23.5 acres into 74 single family and other common lots, located on the east side.of Washington Street and north of Parc La Quinta in Rancho La Quinta connecting to Tracts 25154, 28640 and 27952; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 25 of City Council Resolution No. 96-40, and on a 5-0 vote adopted Resolution 2001-072 recommending approval, subject to findings and conditions. WHEREAS, the City Council of the City of La Quinta, California, did on the 41h day of June, 1996, hold a duly noticed Public Hearing approving the subdivision of 23.5 acres into 74 single family and other common lots, located on the west side of Washington Street and north of Parc La Quinta, more particularly described as: Being a portion of Parcels 3, 4 and 5 of Parcel Map 20469; NE and NW Quarters of Sections 31 and 32, T5S, R7E, SBBM WHEREAS, Tract Map 28343 was recorded with the County of Riverside Recorder's Office on October 25, 1996; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and 647 RESO CC TT28343 Greg T. - -- 110 Resolution No. 2001 Amending Tract Map 28343 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 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 28343 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 other adjacent 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. 643 RESO CC TT28343 Greg T. - 11 1 Resolution No. 2001 Amending Tract Map 28343 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 certify 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 approve Amending Tract Map 28343 for the reasons set forth in this Resolution and subject to the attached conditions. 649 RESO CC TT28343 Greg T. - 114 1A Resolution No. 2001 Amending Tract Map 28343 T. D. Desert Development June 5, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 650 RESO CC TT28343 Greg T. - 115 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 28343 - RANCHO LA QUINTA T. D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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 Tentative Map 28343 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 3. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless the City Engineer approves a construction sequencing plan for that phase. 4. Before 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 and 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 - Imperial Irrigation District 651, - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the cond Tr. 28343 Ranchoorig. - Greg T.- P 11 f i Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 2 applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 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. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 8. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 9. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 10. The applicant shall cause no easements to be granted or recorded over any portion of this property 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. 1 1 . The proposed CVWD well site shall be reconfigured to provide a minimum 12 feet of landscaped setback from the curbline of the adjacent road. 652 117 cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 3 FINAL MAP(S) 12. As part of the filing package for final map approval, the applicant shall furnish the City, on storage media and in a program format acceptable to the City Engineer, accurate computer files of the map(s) as approved by the City's map checker. IMPROVEMENT PLANS 13. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for the Planning Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). CVWD shall sign the combined plans before their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 14. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate computer files of the complete, approved plans on storage media and in a program format acceptable the City Engineer. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. IMPROVEMENT AGREEMENT 15. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. 653 118 cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 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. 16. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 17. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (ie: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. GRADING 18. Graded and/or undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 19. Before 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, LQMC. In accordance with said Chapter, 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. 20, The applicant shall comply with the City's Flood Protection Ordinance. 21. The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 22. A registered civil engineer shall prepare a grading plan and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soil's report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 119 65,1 cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001.072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 5 23. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing a common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 24. Before issuance of building permits, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. UTILITIES 25. 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. 26. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 27. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street/traffic improvements required herein. 28. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS/CUL DE SACS 1) Residential - 32-foot-wide travel surface. 2) Collector G!300 homes or 3,000 vpd) - 40-foot-wide travel surface. rr Main entry streets and interior circulation routes, bus turnouts, JJ acceleration/deceleration lanes, and/or other features contained in the approved cond Tr. 28343 RanchoOrig. - Greg T.- P 190 Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 6 construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the City Engineer. 29. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 30. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 31. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 32. Street right of way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 33. All streets proposed to serve residential or other access driveways shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. 34. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be 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" The applicant shall submit mix designs for road base and pavement materials, including complete testing lab results, for review and approval by the City. Paving operations shall not be scheduled until mix design(s) is approved. 35. Before occupancy of homes or other permanent buildings within the development, the 656 applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings. 1?]. cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 7 LANDSCAPING 36. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect and approved prior to building permit issuance. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 37. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 38. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 39. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. QUALITY ASSURANCE 40. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 41. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 42. 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 of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 43. The applicant shall make provisions for continuous maintenance of drainage,6 rJ % landscaping and on -site street improvements. The applicant shall maintain off -site public improvements until final acceptance of improvements by the City Council. 122 cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 8 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 an 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 planning for routine and long term maintenance. FEES AND DEPOSITS 45. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 46. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. FIRE DEPARTMENT 47. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2-1 /2" X 2-1 /2") shall be located at each street intersection spaced not more than 500-feet apart in any direction with no portion of any frontage more than 250-feet from a fire hydrant. Minimum fire flow shall be 1000 g.p.m. for two hour duration at 20 psi. 48. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plan to the Fire Department for review and approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the 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." 49. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. A temporary water supply for fire protection may be allowed for the construction of a model unit only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. SPECIAL 50. Single story homes shall be built within 75-feet of the south boundary of the tentative map. 653, cond Tr. 28343 RanchoOrig. - Greg T.- P 123 Resolution No. 2001-072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 9 51 . The production houses planned for these lots, if not previously approved by the City, shall be approved by the Planning Commission before issuance of any building permits for construction by the Building and Safety Department (i.e., Non -Hearing Business Agenda). 52. All Zoning Code provisions shall be met prior to building permit issuance. 53. All homes shall be required to install front yard landscaping prior to final occupancy. Each lot shall have two 15 gallon shade trees (corner lots shall have five), ten 5-gallon shrubs and other landscaping (e.g., turf, turf and gravel, etc.), acceptable to the Community Development Department pursuant to Chapter 8.13 of the LQMC. The applicant/developer is encouraged to use drought resistant or native plant material for the project. The applicant will be permitted to post securities to insure that the front yard landscaping is installed for each home if the landscaping is not installed at time of final release of occupancy. All landscaping materials shall be installed with 60-days after occupancy clearances have been given. 54. Prior to issuance of the final map, Lot 77 shall be reserved for open space or single family lots. Lot 77 shall not be used as a well site by the developer or the Coachella Valley Water District. 55. Prior to issuance of a building permit, all common recreational amenities (i.e., pool/spa and recreation building) planned for Lot 76 (or Lot 77) shall be approved by the Planning Commission. Separate restroom facilities shall be provided for the on -site maintenance workers of the country club on Lot 76 (or adjacent to this area) as approved by the Commission. 56. All applicable Conditions of Approval of Specific Plan 84-004 (The Grove), Final Environmental Impact Report #90 (Addendum) or Parcel Map 20469 shall be met unless otherwise modified herein. 57. Prior to final map approval by the City Council, the City Attorney shall approve the annexation of this Tract (i.e., C.C. and R's documents) into the Rancho La Quinta Homeowner's Association. 58. Prior to final map approval, the applicant shall submit to the Community Development Department for review and approval a site plan showing the pedestrian and bicycle path system for this Tract. 59. Prior to building permit issuance, the applicant/developer shall work with the local waste hauler to implement provisions of AB 939 and AB 1462 by establishing on -site trash and recycling services as follows: 659 A. Prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for the storage of recyclables such as glass, plastics, newsprint and steel or aluminum cans. 124 cond Tr. 28343 RanchoOrig. - Greg T.- P Resolution No. 2001.072 Conditions of Approval - Recommended Amending Tract Map 28343 June 5, 2001 Page 10 B. Provide proper on -site facilities with the project for green waste associated with golf course or common maintenance. Compost materials shall be stored for pickup by a waste hauler for transport to an appropriate recycling facility. C. Curbside recycling services shall be provided in areas where no centralized trash/recycling bins are provided or utilized. The local trash hauler shall insure that any materials taken off -site for disposal are recorded and the tonnage figures credited to the City of La Quinta to assist our State obligations. The developer can contact the City's Recycling Coordinator for additional information. 66)0 125 cond Tr. 28343 RanchoOrig. - Greg T.- P RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 28640 TO ALLOW A CHANGE TO CONDITION #34 OF CITY COUNCIL RESOLUTION NO. 98-10 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 28640 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 34 of City Council Resolution No. 98-10 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 23 acres into 70 single family and other common lots, located on the east side of Tracts 25154 and 28343 in Rancho La Quinta; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8t' day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 34 of City Council Resolution No. 98-10 and on a 5-0 vote adopted Resolution 2001-073, subject to findings and conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of February, 1998, hold a duly noticed Public Hearing approving the subdivision of 23 acres into 70 single family and other common lots, located to the east of Tract 25154, more particularly described as: Being a portion of Parcels 4 and 5 of Parcel Map 20469 WHEREAS, Tract Map 28640 was recorded with the County of Riverside Recorder's Office on September 17, 1998; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 1 5 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment for this Amendment has complied with the requirements of "The Rules to Implement the California 661 RESO CC TT28640 -Greg 126 Resolution No. 2001 Amending Tract Map 28640 T. D. Desert Development June 5, 2001 Page 2 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 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 28640 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 to adjacent 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. RESO CC TT28640 -Greg 127 Resolution No. 2001 Amending Tract Map 28640 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 certify 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 approve Amending Tract Map 28640 for the reasons set forth in this Resolution and subject to the attached conditions. 66,3 RESO CC TT28640 -Greg 128 Resolution No. 2001 Amending Tract Map 28640 T. D. Desert Development June 5, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 51h day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) F_1»1;��eF3��1��1;3i91A M. KATHERINE JENSON, City Attorney City of La Quinta, California 664 RESO CC TT28640 -Greg 129 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 28640, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 GENERAL 1. Condition Deleted 2. Amending Tract Map No. 28640 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 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 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 • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. 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. 66,, 130 P:\GREG\Cond cc Tr 28640.wpd - Greg T. Printed May 21, 2001 Page 1 of 8 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 2 PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 8. The applicant shall dedicate public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 9. Dedications required of this development consist of Lots A, B, C, & D (Private Streets) - 33-foot right of way. Dedications shall include additional width as necessary for features contained in the approved construction plans. 10. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 11 . The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall cause no easements to be granted or recorded over any portion of this property 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 6 easements are approved by the City Engineer. 131. P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 2 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 3 FINAL MAP(S) AND PARCEL MAP(S) 13. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 14. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and subdivision perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the 1 13P P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 3 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 4 applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 17. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 19. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 20. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). 133 669 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 4 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 5 Participatory improvements for this development include: A. Prior to agendization of any final map under this tentative map, the applicant shall enter into an unsecured agreement to reimburse the City for the applicant's share of the costs incurred in improvement of Avenue 48 from Dune Palms Road to Jefferson Street including signals and other required appurtenances. The agreement shall require reimbursement according to the original phasing plan for the overall Rancho La Quinta development as may be modified over time with the City's approval. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 21. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 22. 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, LQMC. In accordance with said Chapter, 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. 23. The applicant shall comply with the City's flood protection ordinance. 24. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 25. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. 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 the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. The applicant shall endeavor to minimize differences in elevation at the interface of this 669 development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more tha134 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21101, Page 5 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 6 three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 27. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 28. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 29. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the Rancho La Quinta development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 30. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 32. Nuisance water shall be retained on site unless otherwise approved by the Rancho La Quinta Homeowners' Association. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 33. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association if so arranged by the applicant, shall be responsible for any sampling and 6 7 n testing of the development's effluent which may required under the City's NPDES - 135 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 6 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 7 Permit or other city- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from the such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 34. 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. 35. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 37. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS AND CULS DE SAC 1) Residential - 32 feet wide, curbface to curbface Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 38. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City 671 Engineer. Mid -block street lighting is not required. 136 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 7 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 8 39. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 40. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 41. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 42. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 43. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be 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" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. 67 Construction operations shall not be scheduled until mix designs are approved. 13.7 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 8 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 9 44. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access, including street and sidewalk improvements, traffic control devices and street name signs, to publicly -maintained streets. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING 45. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 46. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 48. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. QUALITY ASSURANCE 49. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 50. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and _ specifications. 673 138 P:\GREG\Cond cc Tr 28640.wpd Printed 5/21/01, Page 9 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 10 51. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 52. 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 of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 53. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 54. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE DEPARTMENT 55. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") 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. 56. 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". 57. The required water system, including fire hydrants will be installed and accepted by 674 the appropriate water agency prior to any combustible building material being placed on an individual lot. 139 P:\GREG\Cond cc Tr 28640.wpd Printed 5121/01, Page 10 of 11 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28640 June 5, 2001 Page 11 58. 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. 59. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. MISCELLANEOUS 60. Swimming pool and related recreation area facilities on Lot 63 shall be installed before issuance of the 301h building permit for this Tract, with plans for facilities approved prior to issuance of first building permit. 61. Restroom facilities shall be provided at the common pool and spa complex (Lot 63). Separate restroom facilities shall be accessible to the golf course maintenance workers and gardeners during their normal working hours as approved by the Community Development Director. 62. Final map(s) shall not be approve or recorded with lot widths of less than 60 feet until a Specific Plan Amendment is approved permitting such lot widths. 63. 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. 675 140 P:\GREG\Cond cc Tr 28640.wpd Printed 5121/01, Page 11 of 11 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 28912 TO ALLOW A CHANGE TO CONDITION #33 OF CITY COUNCIL RESOLUTION NO. 98-132 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAPS 28912 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 33 of City Council Resolution No. 98-132 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 29 acres into 81 single family and other common lots, located on the north side of Avenue 50 and west of Tract 29283 in Rancho La Quinta; 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. 33 of City Council Resolution No. 98-132 and on a vote of 5-0 adopted Resolution 2001-074 recommending approval, subject to findings and conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of November, 1998, hold a duly noticed Public Hearing approving the subdivision of 29 acres into 81 single family and other common lots in Rancho La Quinta, more particularly described as: Being a portion of Parcels 6, 7, 10, 11 and 13 of Parcel Map 20469; SW 1 /4 of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 28912 was recorded with the County of Riverside Recorder's Office on September 29, 1999; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of his RESO CC TT28912 - Greg T. 141. Resolution No. 2001 Amending Tract Map 28912 T. D. Desert Development June 5, 2001 Page 2 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 Final 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 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. Tract Map 28912 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 to adjacent 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. 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 677 RESO CC TT28912 - Greg T. 142 Resolution No. 2001 Amending Tract Map 28912 T. D. Desert Development June 5, 2001 Page 3 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 certify 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 approve Amending Tract Map 28912 for the reasons set forth in this Resolution and subject to the attached conditions. 6/8 RESO CC TT28912 - Greg T. 143 Resolution No. 2001 Amending Tract Map 28912 T. D. Desert Development June 5, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of June, 2001 by the following vote, to wit: AYES: NOES: Ie\.1-14►11In ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California RESO CC TT28912 - Greg T. 679 144 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 28912, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 1 . Condition Deleted 2. 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. 3. Amending Tract Map No. 28912 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). 4. 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 680 - 145 pAcc coa tt 28912 Page I of 13 Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 28912 June 5, 2001 Page 2 plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 7. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 9. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 681 146 pAcc coa tt 28912 Page 2 of 13 Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 28912 June 5, 2001 Page 3 10. Dedications required of this development include: a. Avenue 50: 50-foot half of 100-foot right of way b. Private street lot "A": 33 feet C. Private street lots "B" through F: 37 feet (may be reduced to 33 feet if parking is restricted on one side including signing and provisions for homeowner association enforcement of the restriction) d. Multi -use drive at north end of Lot "D": 29-foot right of way The applicant shall dedicate or grant the public right of way on the final map or within sixty days of written request by the City - whichever is earlier. 11. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 12. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 13. The applicant shall create a 20-foot perimeter setback along Avenue 50 (20-foot average depth if a meandering wall design is installed). The setback shall apply to all frontage including, but not limited to, remainder parcels, well sites and power substation sites. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall vacate abutter's rights of access along all Avenue 50 frontage. 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 16. The applicant shall cause no easements to be granted or recorded over any portion of this property 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. FINAL MAP(S) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad 682 files of the complete map, as approved by the City's map checker, on storage 147 p:\cc coa tt 28912 Page 3 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 4 media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 18. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping". All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. "Streets and Drainage" plans shall include sidewalks, gates and entryways. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 683 p:\cc coa tt 28912 Page 4 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 5 IMPROVEMENT AGREEMENT 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. :, 149 pAcc coa tt 28912 Page 5 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 6 GRADING 25. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 26. 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, 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. 27. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 28. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. 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. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 685 150 p:\cc coa tt 28912 Page 6 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 7 DRAINAGE 31. The applicant shall install City approved nuisance water percolation improvements for nuisance water, with no water directed to the La Quinta Evacuation Channel. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. 32. If the applicant proposes discharge of stormwater or nuisance water directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may required under the City's NPDES Permit or other city or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for these potential obligations. UTILITIES 33. 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. 34. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 35. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 36. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: a. OFF -SITE STREETS i. Avenue 48 between Dune Palms and Adams Street - Prior to approval of any final map or issuance of any construction or building permits within this tentative map, the applicant shall �$F 151. p:\cc coa tt 28912 Page 7 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 8 reimburse the City for one half of the cost of improvements to this street. This cost shall be $622,304. ii. Avenue 48 between Dune Palms Road and Jefferson Street and Avenue 50 along the Rancho La Quinta frontage - Secure the cost of applicant's half of these streets, including signals, on a pro rata basis. Basis shall be 80% of the total number of residential units planned for the area lying east and south of the La Quinta Evacuation Channel and more than one quarter mile west of Jefferson Street. This cost shall be $622,304. Construction of the improvements (Avenue 50) and payment of the reimbursement obligation (Avenue 48) secured with this map shall occur as directed by the City but, unless warranted to serve traffic from the Rancho La Quinta development, shall not exceed the pro rata share of this tentative map without the concurrence of the applicant. b. PRIVATE STREETS AND CULS DE SAC Residential Single -Loaded - 33 feet between backs of curbs. ii. Residential Double -Loaded - 37 feet between backs of curbs (33 feet if parking is restricted to one side with appropriate signing and provisions established for homeowners' association enforcement of the restriction. iii. Cul de sac curb radius - 45' iv. Multi -use drive at north end of Lot D - 28-foot travel width V. Typical wedge curb section - revise 3/4" lip section from a radius to a vertical lip with 1 /8" batter 37. 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. 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., 687 CondPC Tr. 28912 152 Page 8 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 9 grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 40. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 41. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). 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" 43. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 44. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access to publicly- , maintained streets. The improvements shall include required traffic control 69.3 devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall CondPC Tr. 28912 Page 9 of 13 153 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 10 complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 47. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public streets. 49. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 50. The applicant shall construct the perimeter wall and landscaping adjacent to the tract prior to final inspection and occupancy of any homes within the tract. The design for the wall shall be approved by the Community Development Department prior to construction. PUBLIC SERVICES 51. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 154 CondPC Tr. 28912 Page 10 of 13 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 11 53. 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. 54. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 55. 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 56. The applicant shall make provisions for continuous maintenance of all required improvements until, in the case of public improvements, expressly released from said responsibility by the City. FEES AND DEPOSITS 57. 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. FIRE DEPARTMENT 58. 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 630 CondPC Tr. 28912 Page I I of 13 155 Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 28912 June 5, 2001 Page 12 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'. 59. Fire hydrants in accordance with CVWD standard W-33 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 1,500 g.p.m. for a two-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 60. 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. 61. 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. 62. Prior to recordation of the final map, the applicant will provide alternate or secondary access as approved by the Public Works Department and Fire Department. 63. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 64. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. CondPC Tr. 28912 611 Page 12 of 13 156 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 28912 June 5, 2001 Page 13 MISCELLANEOUS 65. Preliminary development plans for all common area lots, the recreation lot "H", and pool lot "I" shall be approved by the Community Development Department prior to approval of the final map by the City Council. Included shall be a schedule for installation of these improvements. 6�n CondPC Tr. 28912 Page 13 of 13 157 v RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 27835 TO ALLOW A CHANGE TO CONDITION #12 OF CITY COUNCIL RESOLUTION NO. 94-4 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY CONDOMINIUM PROJECT IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 27835 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 12 of City Council Resolution 94-4 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 36 acres into seven lots for 92 condominium units and clubhouse and other common lots, located on the south side of Avenue 48 and west of the Evacuation Channel in Rancho La Quinta connecting to Tracts 27840, 29306 and 29457; 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. 12 of City Council Resolution 94-4 and on a 5-0 vote adopted Resolution 2001-075 recommending approval, subject to findings and conditions; WHEREAS, the City Council of the City of La Quinta, California, did on the 1' day of January, 1994, hold a duly noticed Public Hearing approving the subdivision of 36 acres into residential (92 condos) and other common lots, located on the south side of Avenue 48 and west of the Evacuation Channel, more particularly described as: Being a portion of Parcels 3, 5, 8 and 9 of Parcel Map 20469; North %: of Sections 32, T5S, R7E, SBBM WHEREAS, Tract Map 27835 was recorded with the County of Riverside Recorder's Office on June 30, 1994; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and 633 RESO cc TT27835 Greg T. - 158 Resolution No. 2001 Amending Tract Map 27835 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. Tract Map 27835 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. 694 RESO cc TT27835 Greg T. - 159 Resolution No. 2001 Amending Tract Map 27835 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 Addendum on file with the Community Development Department; and 4. That it does hereby approve Amending Tract Map 27835 for the reasons set forth in this Resolution and subject to the attached conditions. 695 RESO cc TT27835 Greg T. - 160 Resolution No. 2001 Amending Tract Map 27835 T. D. Desert Development June 5, 2001 Page 4 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: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California •F RESO cc TT27835 Greg T. - - 161. RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 27835, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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. 27835 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. 637 - 1621 Cond cc/Tract 27835 Orig - Greg T./p Page 1 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 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 Coachella Valley Water District for review and approval with respect to t he District's Water Management Program. TRACT AND BUILDING DESIGN 9. Development of the project site shall comply with amended map Exhibit "A" for TTM 27835, and the following conditions, which conditions shall take precedence in the event of any conflict with the provisions of the tentative tract map. 10. The development of custom, single family lots, if any shall be governed by the following: A. Prior to issuance of an occupancy permit for any house within TTM 27835, landscaping/groundcover shall be installed and appropriately maintained. B. All roof -mounted equipment shall be screened form view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. 693 163 Cond cc/Tract 27835 Orig - Greg T./p Page 2 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 3 C. No two-story units shall be allowed within 75-feet of 48`h Avenue per Specific Plan 84-004. D. All dwelling units shall have a minimum two car garage (attached or detached) measuring 20' by in overall size. 1 1 . 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. PUBLIC SERVICES AND UTILITIES 12. 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. 13. 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. 14. All conditions and requirements of CVWD (letter dated Nov. 10, 1993) shall be met. MANAGEMENT 15. Prior to recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The CC and R's shall be recorded at the same that the final map is recorded. A Homeowners' Association with the unqualified right to access the owners of �� the individual units for reasonable maintenance costs, shall be established and 16.1 Cond cc/Tract 27835 Ong - Greg T./p Page 3 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 4 continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the HOA. IMPROVEMENT AGREEMENT 16. 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 as specified hereinafter. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 17. If tract improvements are phased with multiple final maps, off -site improvements and tract -wide improvements (i.e., perimeter walls, common areas and setback landscaping, and gates) required of any final map within this map unless otherwise approved by the City Engineer. Tentative map improvements shall be constructed or secured prior to approval of the first final map. 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. 18. The applicant shall reimburse the development to the north for the actual cost to that development for construction of improvements to the south side of Avenue 48 contiguous to this tentative tract. This reimbursement may be deferred until Phase II of the Rancho La Quinta development provided the applicant provides security in guarantee of the reimbursement. DEDICATIONS 19. Applicant shall dedicate or deed public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans and as required by the City Engineer. 760 165 Cond cc/Tract 27835 Orig - Greg T./P Page 4 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 5 Dedications or deeds required for approval of this tract include: A. Avenue 48: 55-feet width right-of-way Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. 20. The applicant shall dedicate common -area setback lots, of a minimum width as noted, adjacent to the following street rights of way: A. Avenue 48 - 20' Minimum widths may be used as average widths for meandering wall designs. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate or deed blanket easements over the setback lots for those purposes. 21. The applicant shall vacate vehicle access rights along the following streets from lots abutting the streets: A. Avenue 48 Access along these streets shall be restricted to approved project entries and emergency access locations. 22. The applicant shall dedicate or deed any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 23. 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. TRACT DESIGN 24. The requirements of the City's Off -Street Parking Ordinance (Chapter 9.150) shall be met concerning all supplemental accessory facilities, as determined by the City Engineer, to discourage on -street parking by residents or guests. v t Cond cc/Tract 27835 Orig - Greg T./p 160 Page 5 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 6 GRADING 25. 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. 26. 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. 27. A grading plan shall be prepared by a registered civil engineer. The plan 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. 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 28. 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. 29. Storm water runoff produced in 24 hours during a 100-year storm shall be retained on -site or channeled in facilities on the adjacent golf course or piped to the adjacent CVWD stormwater channel. Drainage from Lot C and G shall not be conveyed via surface drainage or culvers without the approval of the City Engineer. The tributary drainage area for which the applicant is responsible shall 7 1~ extend to the centerline of adjacent public streets. 167 Cond cc/Tract 27835 Orig - Greg T./p Page 6 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 7 30. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. For common retention basins a trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons/day per 1,000 feet of drainage area. The retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 31. 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 32. 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. 33. 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" f � 3 If the applicant proposes to construct a partial pavement section for use during 168 Cond cc/Tract 27835 Orig - Greg T./p Page 7 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 8 development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. 34. 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. 35. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This includes street width transitions extending beyond the tract boundaries. 36. The following street and landscaping improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Lots A, C and G - 26' (18+18 for one way couplet on Lot C). Lots A, C and G shall be posted "No Parking" with a sufficient number of signs that at least one sign is clearly visible from each potential on -street parking opportunity. B. Lot B - 36' (20+20 for one-way couplet at entry drive). LANDSCAPING 37. The applicant shall provide landscaping improvements in required setbacks, common, and median lots along the following streets: A. Avenue 48 The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 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 ..n the Community Development Director, the City Engineer, the CVWD, and the 7'= Riverside County Agricultural Commissioner. - 169 Page 8 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 9 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. FIRE DEPARTMENT 42. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") 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. 43. The water mains shall be capable of providing a potential fire flow of 2,500 g.p.m. and an actual fire flow available from any one hydrant shall be 1,500 g.p.m. for a two-hour duration at 20 psi. 44. 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 r with the following certification: "I certify that the design of the water system V j is in accordance with the requirements prescribed by the Riverside County Fire Department". 170 Page 9 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 10 45. 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. 46. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 47. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant location will be stipulated when building plans are reviewed by the Fire Department. MAINTENANCE 48. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. 49. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscaped setbacks and retention basins until those areas have been accepted for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council. FEES AND DEPOSITS 50. 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. MISCELLANEOUS 51. 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. 52. Prior to issuance of Certificates of Occupancy for buildings within the tract, the 70G applicant shall traffic control devices and street name signs along access roads to those buildings. 171. Page 10 of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 11 53. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the subject property. 54. Restroom facilities for the grounds keepers shall be provided in the vicinity of golf course, and a permanent golf course and homeowners maintenance facility shall be constructed on the property to the satisfaction of the Community Development Director. 55. All outdoor lighting shall comply with Section 9.60.160 of the Zoning Ordinance. 56. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The applicant/developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area maintenance. Compost materials shall be stored for pick-up by Waste Management, or an authorized hauler for transplant to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. 57. The specific plan requires 10 acres of land to be dedicated for park purposes. 7.8 acres has been dedicated to date. The balance of 2.2 acres shall be paid as a in -lieu fee prior to recordation of the final map. 58. Per the Specific Plan Conditions of Approval, a contribution of $100,000.00 as a fire mitigation measure, shall be paid prior to issuance of the first building permit for production of any custom homes. 59. A complete pedestrian and bicycle path system shall be provided within the project. The design shall be subject to the approval of the Community Development Director. 707 172 Page 1 I of 12 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 27835 June 5, 2001 Page 12 60. Per SP 84-004, a noise study shall be completed prior to sidewalk and perimeter wall construction beginning to insure compliance with applicable noise standards. 61. The Dune Palms entry design layout (traffic) shall be approved by the Public Works Department, Fire Marshal and Community Development Department prior to recordation of the final map. 62. The parking lot layout for Lot "E" shall be reviewed and approved by the Public Works and Community Development Departments. Landscaping plans shall be approved by the Community Development for Lot E. 63. Lot "F" shall be used as a parking lot for Phase II of the Casitas product. The lot shall be installed prior to final occupancy of the 10`h unit in Phase II. Kit] Page 12 of 12 173 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 29306 TO ALLOW A CHANGE TO CONDITION #34 OF CITY COUNCIL RESOLUTION NO. 99-99 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 29306 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5`h day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 34 of City Council Resolution No. 99-99 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 26.4 acre site into 75 single family and other common lots, located on the south side of 48`h Avenue and 500-feet east of Dune Palms Road in Rancho La Quinta with connections to Tract 29457 and 27835; 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. 34 of City Council Resolution No. 99-99 and on a vote of 5-0 adopted Resolution 2001-076 recommending to the City Council approval, subject to findings and conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the V day of August, 1999, hold a duly noticed Public Hearing approving the subdivision of 26.4 acre site into 75 single family and other common lots, located on the south side of 48" Avenue and 500-feet east of Dune Palms Road, more particularly described as: Being a portion of Parcels 12, 14, 15, 18 and 19 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; N% of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 29306 was recorded with the County of Riverside Recorder's Office creating said lots on April 6, 2000; and 700 RESO CC TT29306 - Greg 174 Resolution No. 2001 Amending Tract Map 29306 T. D. Desert Development June 5, 2001 Page 2 WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and 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. Tract Map 29306 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. Access for the single family lots will be provided from internal streets planned under this tract and Tract 27835. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. 710 RESO CC TT29306 - Greg - 175 Resolution No. 2001 Amending Tract Map 29306 T. D. Desert Development June 5, 2001 Page 3 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. 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 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 certify Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental 711 RESO CC TT29306 -Greg 176 Resolution No. 2001 Amending Tract Map 29306 T. D. Desert Development June 5, 2001 Page 4 Assessment Checklist and Addendum on file with the Community Development Department; and, 4. That it does approve Amending Tract Map 29306 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 51h day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 71? RESO CC TT29306 - Greg 1 7 1 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 29306, RANCHO LA QUINTA T. D. DESERT DEVELOPMENT JUNE 5, 2001 GENERAL 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. This tentative map and any final maps thereunder 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, construction or building permit, the applicant shall obtain permits and/or clearances from the following 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 (CVWD) • Imperial Irrigation District (IID) • 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 713 ME P:AGREGACond CC 29306RanchLQ.wpd - GREG - P Page 1 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 2 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall consolidate or reconfigure underlying lots and parcels so that none are reduced to an illegal size or shape by the overlay of this map. 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Lots A & D (Private Collectors): 37 feet B. Lots B & C (Private Culs de Sac): 37 feet with 45.5-foot bulb radius. C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 9. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 11. The applicant shall create a 20-foot perimeter setback along Avenue 48. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The 714 setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. 179 PAGREG\fond CC 29306RanchLQ.wpd - GREG - P Page 2 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 3 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48 except for the 30- foot driveway centered approximately 35 feet west of the most easterly boundary of Lot 77. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map 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. FINAL MAP(S) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have 715 :1 P AGREGVCond CC 29306RanchLQ.wpd - GREG - P Page 3 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 4 signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. 716 181. PAGREG\Cond CC 29306RanchLQ.wpd - GREG - P Page 4 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 5 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 23. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 24. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 25. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. 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. 717 I8/2 P:\GREG\Cond CC 29306RanchLQ.wpd - GREG - P Page 5 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quints June 5, 2001 Page 6 26. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. 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, 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. 29. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 31. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 32. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. 718 The form of the indemnification shall be acceptable to the City Attorney. If suc18,9 11:\GREG\fond CC 29306RanchLQ.wpd - GREG - P Page 6 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quints June 5, 2001 Page 7 discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 33. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 34. 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. 35. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 37. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 11 Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. 2) Construct six-foot meandering sidewalk along Avenue 48. B. ON -SITE PRIVATE STREETS 1) Lots A & D (Private Collectors) - 36 feet between curbfaces. 719 184 P:AGREGACond CC 29306RanchLQ.wpd - GREG -P Page 7 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La nuinta June 5, 2001 Page 8 2) Lots B & C (Private Culs de Sac) - 36 feet between curbfaces, 45-foot curb radius on cul de sac bulbs. 38. Improvements shall include appurtenances such as traffic control signs, markings and other devices; street name signs and sidewalks. Mid -block street lighting is not required. 39. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 40. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 41. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 42. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 43. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): 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" 72 44. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal 185 P:\GREG\fond CC 29306RanchLQ.wpd - GREG - P Page 8 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 9 shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 45. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 46. The applicant shall provide landscaping in required setbacks and common lots, and park areas. 47. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 49. Front yard landscaping for future houses shall consist of a minimum of two shade trees (1.5-inch and larger caliper size) and 10 five -gallon shrubs. Three additional shade trees (1.0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. 721 P:AGREGACond CC 29306RanchLQ.wpd - GREG - P Page 9 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quints June 5, 2001 Page 10 PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 52. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 53. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 54. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be 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 55. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AND DEPOSITS 56. 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. 57. Plan check fees required by the Riverside Country Fire Department shall be paid when 72' plans are submitted for review and approval. 181 P \GREG\Cond CC 29306RanchLQ.wpd - GREG - P Page 10 of 12 Resolution No. 2001- Conditions of Approval - Recommended Tentative Tract Map 29306, Rancho La Quinta June 5, 2001 Page 11 FIRE DEPARTMENT 58. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 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 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 59. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 60. Prior to recordation of the final map, applicant/developer shall furnish one blueline 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 will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: V certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 61. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 62. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. MISCELLANEOUS 63. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 64. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 65. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 723 .. Huai P:AGREGACond CC 29306RanchLQ.wpd - GREG - P Page 11 of 12 Resolution No. 2001- Conditions of Approval- Recommended Tentative Tract Map 29306, Rancho La Quints June 5, 2001 Page 12 66. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. 724 189 P:\GREG\Coed CC 29306RanchLQ.wpd - GREG - P Page 12 of 12 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 25154 (AMENDMENT #1) TO MODIFY CONDITION #20 OF CITY COUNCIL RESOLUTION NO. 92-18 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 25154 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider amending City Council Resolution No. 92-18 to allow an exemption to the under grounding of existing overhead utility poles on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 27.5 acres into 98 single family and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive in Rancho La Quinta connecting to Tract 28343; 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 City Council Resolution No. 92-18 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 27.5 acres into 98 single family and other common lots, and on a vote of 5-0 adopted Resolution 2001-077 recommending approval, subject to findings and conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4'h day of February, 1992, hold a duly noticed Public Hearing approving a one year time extension for Tentative Tract Map 25154, a subdivision of 27.5 acres into 98 residential and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive under Resolution 92-18; and WHEREAS, the City Council of the City of La Quinta, California, did on the 51h day of December, 1989, approve TTM 25154, subject to conditions, more particularly described as: Parcel 1 of Parcel Map 25187; S'/z of Section 31, T5S, R7E, SBBM 725 RESO cc TT25154 Greg T - 190 Resolution No. 2001 Amending Tract Map 25154 T. D. Desert Development June 5, 2001 Page 2 WHEREAS, Tract Map 25154 was recorded with the County of Riverside Recorder's Office on June 24, 1992; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and WHEREAS, said Amendment 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 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 27835 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. Access for the single family lots occurs via existing private streets. 72 RESO cc TT25154 Greg T - 191. Resolution No. 2001 Amending Tract Map 25154 T. D. Desert Development June 5, 2001 Page 3 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. 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 SIP 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; 7?7 RESO cc TT25154 Greg T - 192 3. That it does hereby certify 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 Map 25154 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: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California rein*-W JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 29 RESO cc TT25154 Greg T - 193 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 25154, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT JUNE 5, 2001 CONDITIONS OF APPROVAL GENERAL 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. 25154 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. The Applicant acknowledges that the City is considering a Citywide Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any easements will be done on a benefit basis, as required by law. 4. The applicant/developer 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. 5. 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 • CV Unified School District Cond cc Tr. 25154 Greg T. /P Page 1 of 7 194 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 2 • Coachella Valley Water District • Imperial Irrigation District • US Post Office 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. 6. Prior to issuance of a grading or building permit or final inspection, the Applicant shall prepare and submit a written report to the Community Development Department demonstrating compliance with those Conditions of Approval and Mitigation Measures of EA 89-144, which must be satisfied prior to the issuance of the respective permit(s). The Director may require inspection or other monitoring to assure such compliance. CONDITIONS TO BE SATISFIED PRIOR TO GRADING PERMIT(S) 7. 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. 8. 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. 9. 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. 730 195 Cond PC Tr. 25154 Greg Page 2 of 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 3 10. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscape or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 1 1 . Drainage disposal facilities shall be provided as required by the City Engineer. The applicant shall comply with the provisions of the City's Master Plan of Drainage, including payment of any drainage fees required therewith. The design facilities shall be capable of handling a 100-year storm. Applicant shall provide drainage easements as required across lots abutting the La Quinta Evacuation Channel. 12. 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. 13. Developer shall comply with all applicable requirements of the City Fire Marshal. 14. The Developer shall obtain an encroachment permit from the CVWD prior to any construction within the La Quinta Evacuation Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. Developer shall install suitable facilities to prohibit access to this right-of-way from the subject tract. 15. Prior to any issuance of land disturbance permits, the Applicant shall contract with the University of California Riverside Archaeological Research Unit to perform a reevaluation of the project site. The results of this evaluation shall be submitted to the Community Development Department for review, along with the proposed method of testing for any potentially significant sites identified in the evaluation. If potentially significant sites are identified, the Applicant shall submit an archaeological mitigation plan to indicate the status of any existing archaeological/cultural resources of any potential significance. Said plan shall identify any existing reports done by UCR, and shall include methods by which any significant or potentially significant sites will be inventoried and/or excavated. A Mitigation and Monitoring Program shall be required to be submitted, specifying a qualified archaeological monitor, including any assistants and other representatives. The statement shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Community Development Department. The designated monitors or their authorized representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of 731. 196 Cond PC Tr. 25154 Greg Page 3 of 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 4 resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. CONDITIONS TO BE SATISFIED PRIOR TO FINAL MAP APPROVAURECORDATION 16. Applicant shall comply with the following requirements of the Public Works Department: a. The Applicant shall dedicate all necessary public street and utility easements as required, including all corner cutbacks. b. The Applicant shall submit street improvement plans that are proposed by a registered civil engineer. Street improvements, including traffic signs and markings shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code (3" A.C. over 4" Class 2 Base minimum for residential streets). 17. The Applicant shall acquire and dedicate a 30-foot right-of-way easement over the property to the south of the subject site (portion of Sagebrush Ave.), for street construction purposes unless an alternative arrangement is approved by the Public Works Department. 18. Culs-de-sac streets shall have a minimum outside curb radius of 45-feet. Present design will require additional right-of-way dedication as sidewalks are required. 19. The Applicant shall construct or bond for street improvements to the requirements of the City Engineer and the LQMC, as follows: a. The interior public street system shall be designed pursuant to the approved Exhibit "A" (Tract Map) for TTM 25154, and the requirements of the City Engineer. All streets shall maintain a 2% cross slope from centerline to edge of pavement. Any variations to the approved street system design sections shall be subject to review and approval by the Public Works Department. 20. All utilities will be installed and trenches compacted to City standards prior to construction of any streets. The soils engineer shall provide the necessary compaction test reports for review by the City Engineer, as may be required. Existing overhead lines and all proposed utilities within or adjacent to the 732 Cond PC Tr. 25154 Greg 197 Page 4 of 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 5 proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 21. 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. 22. The Applicant shall comply with all requirements of the CVWD. Any necessary parcels for District facility expansion shall be shown on the Final Map and conveyed to the District, in accordance with the Subdivision Map Act. 23. The Developer shall comply with all applicable requirements of the Fire Marshal prior to final map approval. 24. Applicant shall pay in -lieu parkland fees prior to final map approval. 25. A noise study shall be prepared by a qualified acoustical engineer, to be submitted tot he Community Development Department for review and approval prior to final map approval. The study shall concentrate on noise impacts on the tract from perimeter internal streets, and surrounding land uses, and recommend alterative mitigation measures. Recommendations of the study shall be incorporated into the tract design. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers, etc. 26. The Tract layout shall comply with the Zoning Code requirements (i.e., 7,200 square foot lot sizes, etc.)• 27. All residential lots within the approved boundaries of TTM 25154 shall only be conveyed to new ownership with the following declaration: "This property may be subject to limited or restricted viewshed(s) due to surrounding preciously approved developments to the north and west of this tract (Tracts 24545 and 21555). Northerly views will be limited by approved landscaping and fencing which may be approximately eight to 12-feet above finished grade of this property. Westerly views may be impacted due to development of two story homes on certain lots within the Parc La Quinta project. The prospective buyer is urged to investigate the full range of any potential view impacts prior to committing to any agreement(s)." 733 Cond PC Tr. 25154 Greg 198 Page 5 of 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 6 28. Plans for single family houses shall be reviewed and approved by the Planning Commission. The approved architectural standards shall be included in the CC and R's for the tract. 29. Applicant shall submit a unit siting plan at the time of submittals for architectural review of any phased tract development. Siting plan shall include two-story locations, if any, and shall be review ad by the Planning Commission along with the proposed unit types. If lots are sold on an individual basis, the Applicant understands that approvals of any two-story units on any lot are not guaranteed and will be reviewed on a case by case basis by the Community Development Department. If phased tract development occurs, (see Condition #28) CC and R's are required to be submitted to the City for review prior to final map recordation; the above restriction shall be noted in the CC and R's, if required. 30. The westerly termination point of the street shown as Lot "D" shall be gated with controlled access device that restrict ingress/egress to emergency vehicles. Permits for the installation of controlled access devices shall be obtained form the Building and Safety Department and Fire Marshal prior to installation. 31. Applicant shall reimburse the City for 25% of the cost to design and install a new traffic signal at Washington St. and Sagebrush Ave. intersection. TRACT DESIGN 32. Prior to any landscape installations, the Applicant shall submit to the Community Development Department for review and approval a plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation systems for all areas to be landscaped. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan; b. Location and design detail of any proposed and/or required walls; and C. Exterior lighting plans. 33. Landscaping of all units shall be in compliance with Section 9.60.240 of the Zoning Ordinance. 734 199 Cond PC Tr. 25154 Greg Page 6 of 7 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 25154 June 5, 2001 Page 7 34. Developer shall be required to participate in the installation of a suitable buffer along the eastern tract boundary, between the residential lots and the future maintenance facility for the Rancho La Quinta. Mutual participation by the Developer of this tract and the Developer of Rancho La Quinta shall be required to provide an acceptable situation for both parties. Design components of the buffer area may include, but are not limited to walls, berming/landscaping, grade variations, setbacks, etc. Design of the buffer area shall be subject to review and approval of the Community Development Dept. The improvement(s) of the buffer shall be installed at the site of any development activity on either property; any reimbursement agreement(s) arrangement will be solely the responsibility of the Developers involved. 35. The Community Development Department shall approve the following uses: a. Temporary construction facilities; b. Sales facilities, including their appurtenant signage. C. On -site advertising/construction signs. 36. 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. 200 Cond PC Tr. 25154 Greg Page 7 of 7 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDING TRACT MAP 29283 TO ALLOW A CHANGE TO CONDITION #37 OF CITY COUNCIL RESOLUTION NO. 99-100 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 29283 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 37 of City Council Resolution No. 99-100 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 23 acres into 59 single family and other common lots, located on the northeast corner of 50`h Avenue and Orchard Lane in Rancho La Quinta with connections to Tracts 28912 and 29457; 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. 37 of City Council Resolution No. 99-100 and on a vote of 5-0 adopted Resolution 2001-078 approving the request, subject to findings and conditions; WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of August, 1999, hold a duly noticed Public Hearing approving the subdivision of 23 acres into 59 single family and other common lots, located on the northeast corner of 50`h Avenue and Orchard Lane, more particularly described as: Being a portion of Parcels 6, 7, 10, 11, 13 and 14 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; SW 1 /4 of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 29283 was recorded with the County of Riverside Recorder's Office creating said lots on October 4, 2000; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and 736 RESO cc TT29283 Greg 201. Resolution No. 2001 Amending Tract Map 29283 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 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 29283 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. Access for the single family lots will be provided from internal streets planned under this tract and Tract 28912. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. 734 RESO cc TT29283 Greg 2 0 2 Resolution No. 2001 Amending Tract Map 29283 T. D. Desert Development June 5, 2001 Page 3 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. 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 733 RESO cc TT29283 Greg 203 Resolution No. 2001 Amending Tract Map 29283 T. D. Desert Development June 5, 2001 Page 4 4. That it does approve Amending Tract Map 29283 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 5t" day of June, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 739 RESO cc TT29283 Greg 204 RESOLUTION NO. 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 29283 - RANCHO LA QUINTA T. D. DESERT DEVELOPMENT JUNE 5, 2001 GENERAL 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. This tentative map and any final maps thereunder 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). This approval shall expire and become null and void in two years, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following 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 (CVWD) • Imperial Irrigation District (IID) • 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's 7.10 P AGREGACond CC TT29283RanchLQ Original.wpd - Greg T-- 205 Page 1 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 2 Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Dedications or grants required of this development include: A. Avenue 50: 50-foot half of 100-foot right of way B. Lot A (Via Conquistador) - Private Cul de Sac: 37 feet with 45.5-foot radius at bulb. C. Lot B - Private Street: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side prohibited provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. D. Lot C - Shared Private Entry: 49 feet (applicant's share reducing to 24.5 feet at the confluence with neighboring tract's share of the right of way.) The applicant shall dedicate or grant an easement to the neighboring property over the shared portion of the entryway. The easement may be conditional upon receipt of the reciprocal easement from the neighboring property owner. 741 mo P:\GREG\fond CC TT29283RanchLQ Original.wpd - Greg T- -- Page 2 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 3 E. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated Ito elevation 50.00) from the La Quinta Evacuation Channel. 8. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths if necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements over those areas within 60 days of written request by the City. 11 . The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create a 20-foot perimeter setback along Avenue 50. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to Avenue 50. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. (4� M P:\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- - Page 3 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 4 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map 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. FINAL MAP(S) AND PARCEL MAPS) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. P:\GRPA\Cond CC TT29283RanchLQ Original.wpd - Greg T--- 743 208 Page 4 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 5 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 21. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements. 22. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 23. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the 744 P:\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- 209 Page 5 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 6 schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 24. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 25. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 26. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 27. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which 745 210 I':\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- Page 6 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 7 are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 28. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. 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. 29. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 30. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 31. 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, 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. 32. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 33. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. 746 211. P:\GREG\Cond CC TT29293RanchLQ Originalmpd - Greg T--- Page 7 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 8 DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 35. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for meeting these potential obligations. UTILITIES 36. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 37. 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. 38. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 39. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development P:\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- 747 212 Page 8 of 14 Resolution No. 2001- Conditions of Approval- Recommended Amending Tract Map 29283 June 5, 2001 Page 9 approval when the program takes effect may be subject to the program as determined by the City. 40. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. Unreimbursed improvements to Avenue 50 (required below) shall be a credit towards the contribution. 2) Avenue 50 (Primary Arterial) - Construct 38-foot half of a 76-foot improvement (between faces of outside curbs) plus six-foot sidewalk from the entry drive to Park Street. Construct the full landscape median subject to reimbursement from funds previously provided by developments on the south side of Avenue 50. If the City's currently -planned project to reconstruct the north side of Avenue 50 is completed, the applicant will not be required to replace that pavement but, after completion of the median and widening, shall overlay the full width of the pavement north of the median, slurry seal the full width south of the median and restripe as directed by the City Engineer. B. ON -SITE PRIVATE STREETS 11 Lot A (Via Conquistador) - 36 feet between curbfaces or flowlines, 45-foot curb radius on cul de sac bulb. 2) Lot B - 36 feet between curbfaces or flowlines. Width may be reduced to 32 feet for parking restricted to one side and 28 feet with on -street parking is prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. 749 213 P:\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- Page 9 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 10 3) Lot C - (Entryway) - 16 feet between outside and median curbfaces plus half of the 8-foot median. Construct (if warranted) or secure 50% of the cost of a traffic signal on Avenue 50. This entry shall not be opened for use until the full improvement is constructed unless an interim configuration is approved by the City Engineer. Turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 42. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks)• 43. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 44. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 45. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 46. Direct access from public streets is limited to the shared entry on Avenue 50. 749 214 P 9GRE&Cond CC TT29283RanchLQ Original.wpd - Greg'r-- Page 10 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 11 47. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic)• Minimum structural sections shall be as follows (or approved equivalents for alternate materials): 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" 48. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 49. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 50. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 51. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan P:\GREG\Cond CC TT29283RanchLQ Onginal.wpd - Greg T- -- 215 Page 11 of 14 750 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 12 checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 53. Perimeter tract walls and required landscaping shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 54. Front yard landscaping for future houses shall consist of a minimum of two shade trees 0.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees (1.0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. PUBLIC SERVICES 55. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 58. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and P.\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- 216 Page 12 of 14 Resolution No. 2001- Conditions of Approval - Recommended Amending Tract Map 29283 June 5, 2001 Page 13 the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be 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 60. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AND DEPOSITS 61. 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. 62. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. FIRE DEPARTMENT 63. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 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 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 64. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 65. Prior to recordation of the final map, applicant/developer shall furnish one blueline 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 will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: V certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 752 P:\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- 217 Page 13 of 14 Resolution No. 2001- Conditions of Approval-- Recommended Amending Tract Map 29283 June 5, 2001 Page 14 66. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 67. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 68. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 69. Gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. MISCELLANEOUS 70. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 71. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 72. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 73. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. P.\GREG\Cond CC TT29283RanchLQ Original.wpd - Greg T- -- 218 Page 14 of 14 753 City Council Minutes Attachment 1 February 15, 2000 4. CONSIDERATION OF A LETTER OF INTENT TO SEEK ANNEXATION FROM THE VILLAGE AT THE PALMS, A GOLF/ DENTIAL DEVELOPMENT LOCATED WEST OF MONROE STREET SOU OF AIRPORT BOULEVARD. Mayor Pena abstained -'due to a pot tial conflict of interest and left the dais. Community Development Direc� nor Herman presented a brief report as outlined in the staff/feport. A brief discussion ensued�herein Council corfcurred to mo forward with the annexation process. f " /Henderson to authorize MOTION It was mo ed bytiiincil Members Perki located at the, southwest staff to begin the annexa ion process for the prop y corner of Madison Street and Airport Boulevar and to contact -the - We of the adjacent 76 acres to see if th wish-tobe included i n t annexation. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 2000-33. 5. CONSIDERATION OF A REQUEST TO WAIVE THE UNDER -GROUNDING OF UTILITY LINES FOR RANCHO LA QUINTA. Community Development Director Herman presented the report as outlined in the staff report. Council Member Adolph questioned who would pay for future undergrounding costs and suggested the developer provide a bond. Council Member Henderson felt the costs would most likely be paid by the local property owners through an Assessment District or spread by IID to all their customers. After a brief discussion, Council concurred to grant the waiver. MOTION - It was moved by Council Members Sniff/Adolph to instruct the applicant to prepare and submit the necessary amendments for the Rancho La Quinta Specific Plan and Tract Maps (to waive the requirement for utility undergrounding)• Motion carried unanimously. MINUTE ORDER NO. 2000-34. 754 220 - -- .: `=•w - aaaaiv ubsu3daal /23 "_` ^�'•"' .. a ' Attachment 3 I p3 �Q4 s / — �� '✓ �+ 11 tai mD f I A r� •+� � a! k Ra B—x a _ It �-Z1— r E f g I + / ` , `� � j / IPoL21]V4l 1M1LLVlNiA / a 3AIeU ' � � � •u 1 � �� !i fi 3 / u ___ �� � 011YM910 FIAV ' } a ` � t�— x G �S r R t rsg4 e — �F M 5 e Y.g^ fip is :i i3 �j45P afiR z Ab Y R e�. a fig �x R .[ BY Z. MRAtl R Y u Y Y F �VC 9V2Y� s a3i Y fLY Y € Y eY Y Y E `28 Ygy � x I 3 Yggpp 3RA3n' aaVd 1N ywNl��� �� NNE d Q 1MCOY �l air�j r 'r l l� 22^ Attachment 4 Planning Commission Minutes May 8, 2001 2. Mr. David Erwin, representing th inta Country Club, stated he has read the staff repo it appears that most of his concerns are addressed. concerns are that the minimum standards for lot size He sees no reason to reduce the lot size. He also reque t they ensure that all traffic concerns are addressed and t Is along Avenue 50 be compatible with the adjacent wa it is in effect extending. He spoke with Mr. Hobbs, t eloper of the houses, and it is his understanding that t of the houses will be a minimum of 2,500 square fee his relatively compatible with the existing homes and he like to have this included in the conditions. irtt�h�e ommissioner Butler asked for clarification on a itestio d by e Architecture and Landscaping Revieik w Committ egard to wall. Staff stated they were referencing a p all used for interior courtyards. 4. Commissioner Tyler questioned the of wall between the homes. 5. Planning Manager Christine d' informed the Commission that a request had been rece' o continue this item to May 22, 2001, and theZquecould be addressed at that time. 6. There being n, it was moved and seconded by Commissioner to continue the applications to May 22, 2001, as requested by the applicant. G. Environmental Assessment 2001-421 General Plan Amendment 2000- 073 Specific Plan 84-004 Amendment #4 Tentative Parcel Map 20469 Amendment and Tentative Tract Man Amendments to 25154, 27835, 27840 27952 28343 28640 28912 29043, 29283, and 29457; a request of Watson and Watson Engineering and Forrest Haag, ASLA, Incorporated for 1) Certification of a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment to modify Chapter 7, Policy 7-1.4.3 of the Infrastructure and Public Services Element to allow an exemption to the undergrouding of utility lines that are attached to joint -use 92 KV transmission lines; 3) Amendment #4 to Specific Plan 84-004 to establish new guidelines and standards for overhead utility lines, undergounding, and adding five acres to the 718 acre master planned community of 1,300 residential units oriented around two 18- hole golf courses; 4) a request to amend the Conditions of Approval for Parcel Maps and Tract Maps to eliminate the undergrounding of overhead 759 225 G:\WPDOCS\PC5-8-Ol.wpd 15 Planning Commission Minutes May 8, 2001 utility lines on 92 KV transmission lines and; and 5) amending Tract 29457 to subdivide 283 acres into 265 residential and other common lots to be located south of Avenue 48, north of Avenue 50, west of Jefferson Street, and east of Washington Street within Rancho La Quinta Country Club. 1. Chairman Robbins opened the public hearing and asked for the staff report. 2. Commissioner Tyler asked if this request had been approved by Council and this was "clean up" work. Community Development Director Jerry Herman stated the City Council had approved a request by Lundin to not underground their utilities at the corner of Jefferson Street and Avenue 50. At that time Council stated others could apply for the same relief and this developer is doing so. This allows staff to clean up the General Plan and development regulations to allow this to happen. Commissioner Tyler asked if the Hastings Day Care received the same approval. Staff stated that was correct. A precedent was set but these tracts have not been approved. 3. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 4. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler questioned the different numbers used for kilovolts and where did they come from. Senior Engineer Steve Speer stated Edison uses 66 KV and IID uses 92 KV. In staff's discussions with IID several years ago, they indicated they had capabilities of undergrounding anything below 34.5 KV, so staff used that number. Although they have nothing approaching that range, staff still used that number in case things changed. Commissioner Tyler stated that if the General Plan is to be changed, the 34.5 KV number should be used for consistency. 5. Commissioner Butler asked how the cost for undergrounding was determined. Staff stated ventilation would be required and IID did not have the equipment to maintain that type facility as it is extremely expensive. Commissioner Butler stated the cost would be passed onto the developer of each project until it was all completed, so that from a practical standpoint, he does not see it G:\WPDOCS\PC5-8-01.wpd 16 %60 226 Planning Commission Minutes May 8, 2001 ever happening anyway. Staff stated this is what they understood for a long time until they learned it could be done but it is very expensive and in addition to the developer paying those costs, IID would then need to upgrade their equipment to maintain it. 6. Commissioner Abels asked staff to explain the uses on the poles. Staff explained that these are joint use poles that have cable TV, telephone lines, 22.5 KV and the top line is 92 KV. What this condition allows is that since all the poles could not come down, staff is agreeing to leave everything on the pole. 7. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, stated he had questions on the conditions for the Specific Plan. Condition #53 is asking for a five foot lawn setback and should be 18 inches and Condition #68 in regard to the Fringe -Toed Lizard fee. As this property is within the Fringe -Toed Lizard Habitat Mitigation area it is already required to pay its fee. Planning Manager Christine di lorio stated that due to the State Fish and Game Department not agreeing to the Agreement, the applicant is now required to do a 1603 Permit which calls for the biological study in addition to paying the fee. Discussion followed regarding the fee and study. 8. Commissioner Tyler asked what was proposed on the new five acre acquisition where it shows a 30-foot strip of land running down to Avenue 50. Mr. Haag stated it was an access easement that he understood was being abandoned and was being negotiated and may go away. 9. Commissioner Kirk stated the Fish and Game issue is a concern to him and asked if the City has to enforce the condition. Community Development Director Jerry Herman stated the applicant is the one responsible and ultimately would be paying the fine. Staff could remove the condition and it would be up to the applicant to comply with Fish and Game requirements. 10. There being no one else wishing to speak, Chairman Robbins closed the public participation portion of the hearing and opened the issue for discussion. 11. Commissioner Tyler stated the requirement to underground all the perimeter wires has been a condition since 1984, and obviously 761 the developer has bonded for it and passed that cost on to the G:\WPDOCS\PC5-8-Ot.wpd 17 227 Planning Commission Minutes May 8, 2001 home buyers and now it becomes a profit windfall to the developer. If the Council wants it done later an assessment would be placed on the home buyer a second time. It seems intuitively wrong to grant this condition without some mitigation on the part of the developer. As far as the technology available, you just have to go to the City of Indian Wells and you do not see any power lines anywhere. It can be done even if it is costly. Discussion followed as to the history of undergrouding of lines. 12. Chairman Robbins noted some errors in the conditions and he wasn't sure whether they were relevant or not. Throughout most of the conditions there are requirements that are contrary to where the City has been trying to go in regard to the use of turf grass. Community Development Director Jerry Herman pointed out that all the tracts have been developed except for the new five acre tract before them. Chairman Robbins went over the conditions that needed to be corrected or changed. He pointed out that this project has the ability to use canal water for irrigation purposes but has chosen over the years to use very minimal amount of canal water. This may be an opportunity to require them to use additional canal water in lieu of ground water since this is back before the Commission for review. 13. Commissioner Tyler stated it was his understanding that the Commission was only to address the conditions on the new five acre site and the power lines. 14. Chairman Robbins stated that if it comes back to the Commission, they can reopen any part of the tract. Assistant City Attorney Ramirez stated he did not have all the background on these tracts, but as these tracts have been built they are vested and therefore, not all the conditions can be opened up. 15. Commissioner Kirk asked that if they are opening up the conditions, can't the Commission require changes in any area such as the landscaping. Assistant City Attorney Ramirez stated they could deal with specific conditions item by item. He asked what condition specifically would deal with the canal water. 16. Chairman Robbins stated the condition should be the same as what is being required of new golf courses which is that the primary source of irrigation water for the golf courses shall be 7 62 G:\WPDOCS\PC5-8-Ot.wpd 18 228 Planning Commission Minutes May 8, 2001 canal water. The project has the ability to take canal water and has chosen not to do this. Community Development Director Jerry Herman clarified that the golf courses are built. Chairman Robbins stated they have the ability to use canal water right now without requiring any construction. This would only require a change in the way they operate the golf course. 17. Mr. Lloyd Watson, engineer for project, stated they do take canal water into the project for irrigating the golf course and they are in the process of upgrading that delivery. CVWD is installing a new water line in to Jefferson Street which will allow them to use even more. 18. Chairman Robbins asked if the applicant was willing to have a condition imposed that the primary source of irrigation water for the golf course shall be canal water. This would be at least 51 % of the water use for irrigating the golf course would be water from the canal system and not the ground water. Mr. Watson stated they are currently taking whatever water CVWD can deliver to them. 19. Commissioner Kirk suggested the condition read 51 % or the maximum amount CVWD can deliver. 20. Mr. Grady Sparks, representing Rancho La Quinta, stated he would like to explore this option, but it is his understanding that they were themselves moving toward this. Years back they were asked to mix their water usage which they have been doing. There are one or two months out of the year that you need to mix the water. It is more economical to use the canal water, but not having all the details or his agreement with CVWD before him at this meeting, he would like to take this under advisement to review the economics of this requirement. There has been problems with water delivery due to the street widening project on Jefferson Street. It is not that CVWD does not have it, it is just that during the construction and CVWD making their changes during the Jefferson Street construction. They have canal water as a primary source to their irrigation lakes on both golf courses. He would have no problem doing this on a voluntary basis, but would like to have time to address this. If there is a problem, they could raise it at the City Council. 763 229 G:\WPDOCS\PC5-8-01.wpd 19 Planning Commission Minutes May 8, 2001 21. Commissioner Kirk asked if a blanket condition could be used that wherever applicable to all the tracts, a condition would be added requiring the primary source of water be canal water. Staff suggested this be added to the Specific Plan which would address the entire site. 22. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-071 recommending certification of a Mitigated Negative Declaration'of Environmental Impact for Environmental Assessment 2001-421, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 23. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2001-072, recommending approval of General Plan Amendment 2000-073, as amended. a. General Plan Policy 7-1.4.3 amended as follows: The City, shall require the undergrounding of all existing and proposed overhead electric lines, less than 34.5 kilovolts, to enhance the visual quality of the City. All existing utility lines attached and parallel to joint -use 92 Kv transmission power poles are exempt from undergrounding requirement. Should undergrounding costs become economically feasible in the future for high voltage transmission lines, the City, in conjunction with other public and private property owners, shall explore ways to remove the overhead lines from Image Corridors through such methods as an assessment district, etc. Until removal can take place vertical landscaping shall be installed outside the utility easement corridor to screen the power poles and guyed wires pursuant to the policies prescribed in Chapter 2 (Circulation Element) of the General Plan. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Chairman Robbins. NOES: Commissioner Tyler. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners Kirk/Butler to adopt 764 Planning Commission Resolution 2001-073, recommending approval of Specific Plan 84-004, Amendment #4, as amended. 230 G:\WPD0CS\PC5-8-01 .wpd 20 Planning Commission Minutes May 8, 2001 b. Add Condition relative to 51 % of the primary water source, or whatever CVWD can deliver, shall be canal water for the golf course. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 25. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-074, recommending approval of an Amendment to Tract Map 29457, as recommended. a. Condition #13: The applicant shall vacate abutter's rights of access to Avenue 48 and Jefferson Street entryway aligned with Avenue 49. Vacation of abutter's rights do not apply to CVWD for well sites. b. Condition #32: Prior to issuance of a grading permit, the maximum pad elevation for the following lots shall be: Lot 259 45.6 feet Lot 260 46.4 feet Lot 261 47.1 feet Lot 262 48.0 feet Lot 263 48.7 feet Lot 264 49.2 feet Lot 265 49.8 feet ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 26. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-075, recommending approval of an Amendment to Tract Map 27952 and Tract 27952 Amendment #1, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 765 231 G:\WPDOCS\PC5-8-Ol.wpd 21 Planning Commission Minutes May 8, 2001 27. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-076, recommending approval of an Amendment to Parcel Map 20469 as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 28. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-077, recommending approval of an Amendment to Tract Map 27840, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 29. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-078, recommending approval of an Amendment to Tract Map 28343, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 30. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-079, recommending approval of an Amendment to Tract Map 28640, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 31. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-080, recommending approval of an Amendment to Tract Map 28912, as recommended. 766 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 230 G:\WPDOCS\PC5-8-01.wpd 22 Planning Commission Minutes May 8, 2001 VII VIII 32. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-081, recommending approval of an Amendment to Tract Map 27835, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES`. None. ABSENT: None. 33. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-082, recommending approval of an Amendment to Tract Map 29306, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 34. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-083, recommending approval of an Amendment to Tract Map 25154, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 35. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-084, recommending approval of an Amendment to Tract Map 29283, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of May 1 2001. 2 3'' 767 G:\WPDOCS\PC5-8-01.wpd 23 1 '1 DGO — U 7�3 Attachment 5 Les & Jancie Wolf 99-981 Mission Drive West La Quinta, CA 92253 May 7, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 To the planning Commission MAY -7 2901 MAY 0 7 2001' CITY OF iAQUINTA PLANNING D_ EPARTMEN' RE: Amendment request by T.D. Development As residents of Rancho La Quinta Country Club, we received a notice regarding the request by the developers of our community. If we understand this request correctly, the developer is asking for an amendment to allow the existence of the overhead power lines surrounding our property. If this is true, this is counter to what we were told by the developer when we purchased our home. We were told the power lines surrounding the development would be placed underground "in the near future". This was important to us as our home within 100 feet of 50 avenue, and much of our view is to the south. That view is somewhat spoiled by the existence of the overhead power lines. Therefore, we urge the planning commission to insist that these power lines be placed underground, as originally promised. The developers current advertising slogan of "more view, more new" is not in keeping with their request.to leave the power lines above ground. Thank you for considering our views on this matter. Sincerely Les Wolf Janice Wolf (68 234 Robert P. Abate 79-335 Briarwood To LaQuinta, CA 92253 o��N .? ECE�� R (760)564-2310 May 19, 2001 %A. Community Development Department LaQuinta Civic Center 78-495 Calle Tampico LaQuinta, CA 92253 Re: Public Hearing 6-5-01 7 P.M. Dear LaQuinta City Council, We are homeowners at the Estancias, 79-335 Briarwood, LaQuinta. A medical problem prevents our attendance at the public hearing on 6-5-01 at 7 P.M. We are opposed to the requests as follows: To amend general plan policy 7-1.4.3 to allow existing overhead utilities to remain on 92 KV transmission power poles. To amend the conditions of approval for parcel map 20469 and tracts 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457-1, and 29283 to allow existing overhead utilities on high voltage transmission lines (92 KV) to remain. We consider such overhead utilities to be dangerous to human health. Scientific evidence provided by many recent government -sponsored studies demonstrate that such overhead untilities are dangerous. The uglyness of the overhead utilites must be evident to the community development department and it is difficult for us homeowners to understand why such requests to amend the policy should be seriously considered. To be proud of our community is important. The health and appearance should take priority over economic gains by developers. Sincerely, Robert P. Abate Sonja V. Abate 769 235 MAY -9 2001 City of La Quinta Planning Commission 78-495 Calle Tampico La Quinta, CA 92253 Dear Planning Commissioners, As a homeowner in the City of La Quints adjacent to the proposed project, I object to the requests made in the General Plan Amendment 2000-073, Specific Plan 84-004, and Tract 29457 amendments regarding allowing existing overhead transmission lines and utilities to remain on transmission power poles along Avenue 48. Where developments were approved with the requirement to underground those utilities, there should be no relaxing of standards especially where it impacts other existing and future adjacent developments within the City. The utilities on these transmission poles are unsightly and conflict with the well planned and visually appealing City of La Quinta character. Where requests for new development or added development triggers the under -grounding of adjacent utilities requirement, again it is consistent, fair, and good planning to enforce the requirement. I request that the requirement to underground overhead utilities be continued and that no change be made to the General Plan or the Specific Plans in questions allowing for a change in this requirement. If changed there would be a precedence set that will lower the standard of quality and the tremendous appeal that has been the well planned character of La Quinta to Date. Sincerely Patrick I Brown 47-900 Bougainvillea Street, in N iraflores, La Quinta 770 23R (2 C -PA — r7 Charles A. Laverty 79450 Briarwood La Quinta, CA 92253 (760) 564-3899 May 30, 2001 Community Development Department La Quinta Civic Center 78-495 Calle Tampico La Quinta, CA 92253 RE: Public Hearing - June 5, 2001 - 7:00 p.m. Dear La Quinta City Council, We are homeowners at the Estancias, 79-450 Briarwood, La Quinta. We are opposed to the requests as follows: M01o,r c,M A '(P 1N ✓l. CQv 1 1. To amend general plan policy 7-1.4.3 to allow existing overhead utilities to remain on 92 KV transmission power poles. 2. To amend the conditions of approval for parcel map 20469 and tracts 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457-1, and 29283 to allow existing overhead utilities on high voltage transmission lines (92 KV) to remain. We consider such overhead utilities to be dangerous to human health. Scientific evidence provided by many recent government -sponsored studies demonstrate that such overhead utilities are dangerous. The ugliness of the overhead utilities must be evident to the community development department and it is difficult for us homeowners to understand why such requests to amend the policy should be seriously considered. To be proud of our community is important. The health and appearance should take priority over economic gains by developers. Charles A. Laverty & Bab tte L. Lavert 7 7 1 H+'7 RANCHO LA QUINTA COUNTRY CLUB May 24, 2001 La Quints, Jefferson Fifty 73-415 Pinyon Street Palm Desert, CA 92260 Attn: Steve Gordon — 341-2661 and Ron Schwartz— 779-1463 This letter will memorialize our understanding of the development criteria affecting the 5-acre parcel being annexed to the Rancho La Quinta Specific Plan. T. D. Desert Development, LP ("TD") and La Quints. Jefferson Fifty ("LJ50") mutually agree to the following lot pad heights and minimum setback requirements: Lot Pad Minimum Lot # Height Setback 259 46.9 20 260 48.1 25 261 49.2 25 262 50.4 25 263 51.5 25 264 52.0 30 265 52.8 30 In addition, TD will construct a 6' high precision block wall between our respective parcels in accordance with TD's approved plans at no cost to you. Homes constructed on subject lots will be limited to a single story in height. In exchange, LJ50 agrees to use its best efforts to (a) to the extent that sewer capacity is available, allow TD to connect its sewer for the 5 acre parcel to the sewer infrastructure for LJ50's parcel, and (b) accept storm water run-off from the TD 5 acre parcel into your storm water system. TD to install drywell to retain nuisance water from the 5 acre parcel. Any incremental cost associated with this accommodation by LJ50 for the benefit of TD shall be paid for or reimbursed by TD, which costs are to be approved by TD prior to the incurrence of such costs by LJ50. If you agree with the terms of this letter please indicate below in the space provided. Sincerel , T. D. D sert Development, LP By: Grady N.Sparks President Agreed anti Accepted This 2 iday of May, 2001 La Quinta J fferson Fifty By: Steve 64rdon n Duly Authorized Ron Schwartz Duly Authorized 77^ 79-285 RANCHO LA QUINTA DRIVE • LA QUINTA, CA 92253 • 760-777-7747 • FAX 760-777-7787 jun ub ui iu:i!ja 201 202 203 204 2105 206 ELL SIT ;LOT ps 1. SLS EET 2 ]EFT 3/ 1> I pl, FU PE 2 EX MAP kLE:—i"- 200 FEET -- Watson & Watson lum Ir 110 I i12 12 i3- 760-345-4'127 P.2 LOT 64 11 7 444 M404 5 A% I f'y 27'y� i 221' r 941.2 0.4 41 a401 I 0 :z (VACANT) MIT LTIVITE. TVSCT 22 ml, VICINITY'MAP NTS 1', PREPARED BY WACT&OH & CHIM" 7-67 N 0 1 N E E 82 COUNTRY CLUB DRIVE, PALM DESERT, CA. 92211 PH: (760). 345-7808 IN THE CITY OF IA QUINTA, CALIFORNI 773 CONSENT TO PAD ELEVATIONS Trans West Housing, Inc. ("TransWest') is the owner of Tract No. 28964 - Rancho Fortunato which is situated immediately to the west of a certain parcel of land owned by T. D. Desert Development, LP ("TD') consisting of approximately 5 acres and more particularly identified as A.P.N. 649-520-009 (the "Subject"). TransWest has reviewed the proposed pad height elevations on the attached exhibit and hereby grant our consent thereto. Trans West Housi g, Inc. 1,40 By Its: f VP 774 010 r I - 1 1. I !EU 2 �.-- I IEFT , r- I I • f L_ _ , E w V IV EX MAP l LOT -O- I122.s 1 TIDITATM TRACT 241 E VICINITY MAID wrs PREPAMM BY WATSON & 6HRI. N a I N E E 77-M COLWAY CLUB OpIVE. PALM OESM, CA. 92211 PH: (760) . 345-7W9 IN THE CITY OF IA QUIN TA, CALIFOW 779 CONSENT TO PAD ELEVATIONS Santa Properties & Development LLC ("SPD") is in escrow to purchase an approximate 3.3 acre parcel of land more particularly described as A.P.N.649-520-012 (the "SPD Property"). The SPD Property is situated immediately to the south west of a certain parcel of land owned by T. D. Desert Development, LP ("TD") consisting of approximately 5 acres and more particularly identified as A.P.N. 649-520-009 (the "Subject'). SPD expects the closing of its acquisition of the SPD Property to occur within the next 90 days, subject to the completion of the necessary due diligence. SPD has reviewed the proposed Subject pad height elevations on the attached exhibit and hereby grants our consent thereto. Santa Properties & Dev opment LLC By Its: (1-an't 776