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CC Resolution 2002-132 RESOLUTION NO. 2002-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 30185 TO SUBDIVIDE ± 3.62 ACRES INTO SEVEN SINGLE-FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT AND A WELL SITE, LOCATED AT THE SOUTHWEST CORNER OF CABRILLO WAY AND MISSION DRIVE WEST WITHIN THE RANCHO LA QUINTA DEVELOPMENT CASE NO.: TENTATIVE TRACT MAP 30185 APPLICANT: T D DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 17th day of September, 2002 hold a duly noticed Public Hearing to consider a request by T D Desert Development to subdivide ± 3.62 acres into seven single-family residential lots, one open space lot and a well site, located at the southwest corner of Cabrillo Way and Mission Drive West Within the Rancho La Quinta Development, more particularly described as follows: APNs: 646-331-028 and 649-460-022, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 3rd day of September, 2002 hold a duly noticed Public Hearing to consider the subdivision of ±3.62 acres into seven single-family residential lots, one open space lot and a well site, located at the southwest corner of Cabrillo Way and Mission Drive West within the Rancho La Quinta Development, and on a 5-0 vote, adopted Resolution 2002-086 recommending to the City Council approval of said request, subject to findings and conditions; and WHEREAS, said Tentative Tract Map 30185 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Impact Report No. 90 for Specific Plan 84-004 (The Grove) was prepared and certified by the City Council on November 20, 1984, under Resolution 84-77, for the overall development of the Rancho La Quinta development. Final Environmental Impact Report No. 90 is still valid and binding on this development request. Therefore, no changed circumstances or conditions and no new information has been provided which would trigger the preparation of a subsequent environmental analysis pursuant to the provisions of the California Environmental Quality Act (CEQA) statutes; and Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Adopted: September 17, 2002 Page 2 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 make the following mandatory findings to justify approval of said Tentative Tract Map 30185: 1. The proposed map is consistent with the City's General Plan and Specific Plan 84-004 in that the property is designated Low Density Residential (LDR) which permits single-family residential uses. 2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and Specific Pan 84-004 in that all streets and improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. All on-site streets will be private which is consistent with Specific Plan 84-004. Access for the single-family lots will be provided from an existing internal north/south street. The density and design for the tract will comply with the Land Use Element of the General Plan and the Specific Plan. 3. The design of the subdivision of the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division. There currently exists development to the north, east, and south of the site. Therefore, 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 disturbed as required by Specific Plan 84-004 and Environmental Impact Report No. 90. 4. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the applicant of the subdivision, as conditioned, will be required to install urban improvements based on City requirements and be consistent with Specific Plan 84-004. 5. 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 in that there is an existing street that will provide direct access to each single-family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Adopted: September 17, 2002 Page 3 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 for this Tentative Tract Map; 1. That it does hereby confirm the conclusions of Final Environmental Impact Report No. 90, as certified by the City Council on November 20, 1984 under Resolution 84-77; 3. That it does hereby approve Tentative Tract Map 30185 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 17th day of September, 2002, by the following vote, to wit: AYES' Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a · NOES: None ABSENT: None ABSTAIN: None ~i jO ~ N[j.! PEl~lii~~, yor. v City of~,b Qu California ATTEST: JU EK, CMC, City Clerk City of La Quinta, California (City Seal) Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Adopted: September 17. 2002 Page 4 APPROVED AS TO FORM' · KATRERINE JEN.~;~I~I, City/~'ttorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2002-132 TENTATIVE TRACT MAP 30185-TD DESERT DEVELOPMENT CONDITIONS OF APPROVAL-FINAL SEPTEMBER 17, 2002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the ~Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). -- The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following 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 (liD) · California Water Quality Control Board (CWQCB) · SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when ........ submitting those improvements plans for City approval. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 2 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the 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 retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 8. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 10. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur, Re.olution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 3 11. When an applicant proposes the vacation, or abandonment, of any existing road, public utilities, and pipeline easement shown in Parcel Map 25187, and open space and drainage easement shown on Lot E per TM 28640, which will diminish the rights to the property owned by others, the recordation of the tract map is subject to the Applicant providing an alternate road, public utilities, pipeline, open space and drainage easement, to those properties, or notarized letters of consent from the affected property owners. 12. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 13. Prior to the City's approval of a Final Map, the applicant shall furnish accurate - AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster-image file of such Final 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. The following plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 4 A. On-Site Rough Grading Plan: 1" = 40' Horizontal B. Site Utility Plan: 1" = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. "Precise Grading" plans for single family homes shall be submitted to the La Quinta Building Department for review and approval. The plans shall be prepared in accordance with the Precise Plan Guidelines. "Site Utility" plans shall normally include all sub-surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. The "Site Utility" plan shall have signature blocks for the Building Official and the City Engineer. 15. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 16. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as-built conditions. Resolution No. 2002-132 Tentative Tract Map 30185-TD De~ert Development Conditions of Approval-FINAL September 17, 2002 Page 5 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster-image files of the plans. IMPROVEMENT ~Ei~URITY AGREEMENTS 17. Prior to the conditional approval of any Final Map, or the issuance of any permit(s), the applicant shall construct all on-site and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 1 8. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Ouinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 19. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 20. When improvements are to be secured through a SIA, and prior to any conditional approval of the Final Map by the City Council, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 6 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 21. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.1 6, (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. Ra~olution No. 2002-132 Tentative Tract Map 30185-TD Daaart Development .... Conditions of Approval-FINAL September 17, 2002 Page 7 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. · 25. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 26. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 27. Building pad elevations shall conform substantially as shown in the approved tentative map. 28. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 29. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 8 DRAINAGE "Stormwater handling shall conform with the approved hydrology and drainage report for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner." 30. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 1 O0 year 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. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. No on-site drainage will be allowed to drain to La Quinta Evacuation Channel unless otherwise approved by CVWD. 31. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 32. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 33. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 34. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 35. For on-site common retention basins, retention depth shall not exceed six feet and side slopes shall not exceed 3:1. Resolution No. 2002-132 Tentetive Trect Map 30185-TD Deeert Development Conditions of Approval-FINAL September 17, 2002 Pege 9 36. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 37. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 38. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 39. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 40. When an applicant proposes discharge of storm water directly, or indirectly, into 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 the 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 tract 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 final development for CC&Rs for meeting this potential obligations. UTILITIES 41. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 10 42. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, sewer and water laterals for the optimum placements for practical and aesthetic purposes. 43. Underground 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 all utility trench compaction for approval by the City Engineer. LANDSCAPING 44. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 45. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 46. 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 the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs. Resolution No. 2002-132 Tentative Tract Map 30185-TD De.err Development Conditione of Approval-FINAL September 17. 2002 Page 11 QUALITY ASSURANCE 48. -The applicant shall employ construction quality-assurance measures that meet with the approval of the City Engineer. 49. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with -~ which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 50. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 51. Upon completion of construction, the applicant shall furnish the City with __ reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster-image files previously submitted to the City, revised to reflect the as-built conditions. MAINTENANCE 52. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 53. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, and sidewalks. 'FEES AND DEPOSITS 54. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall - be those in effect when the applicant makes application for plan check and permits. Resolution No. 2002-132 Tentative Tract Map 30185-TD Desert Development Conditions of Approval-FINAL September 17, 2002 Page 12 COACHELLA VALLEY WATER DISTRICT 55. Any areas adjacent to the channel that are below 50 feet are subject to flooding in the standard project flood. The District will require an easement for flooding for any areas adjacent to the La Quinta Evacuation Channel below the 50 foot elevation. 56. Final grading plans shall be submitted to the district for review with regard to the La Quinta Evacuation Channel. 57. A portion of this project area is adjacent to the right-of-way of the La Quinta Evacuation Channel. The applicant shall be required to install suitable facilities to maintain District access and to prohibit outside access to this right-of-way. 58. The applicant shall obtain an encroachment permit from the District prior to any construction within the right-of-way of the La Quinta Evacuation Channel, including but not limited to, surface improvements, drainage inlets, landscaping, and roadways. 59. The applicant will be required to pay the District any fees associated with the project in accordance with the current regulations for service to the site. 60. Landscaping and irrigation plans shall be submitted to the District for review to ensure efficient water management practices.