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199824
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STC' SB 9M Seoul we 7, IM
CA 9 2. -55 RESOLUTION 97-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CAL-W0TMTX,
APPROVING CHANGES TO THE GRADING PLAN FOR TENTATIVE TRACT MAP
28409, A 19-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND
MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 9.15 ACRES LOCATED ON
THE NORTH SIDE OF AVENIDA MONTEZUMA AND EAST OF THE BEAR CREEK
CHANNEL V.
M
CASE NO.: TENTATIVE TRACT MAP 28409 DR
APPLICANTS: Z.B. _ PHY ANn I__ R_ KUNKLE_
WHEREAS, ,the City Council of the City of La Quinta, California, did on
the 181h. day of November, 1997, hold a duly noticed Public Hearing to review the
revised grading plan for Tentative Tract Map 28409, a 19 single family and other
common lots on a 9.15-acre site, generally on the north side of Avenida Montezuma,
east of the Bear Creek Channel and west of the Yucatan Peninsula neighborhood;
WHEREAS, the City Council of the City of La Quinta, California, did on
the 6th day of May, 1997, hold a duly noticed Public Hearing and approved Tentative
Tract Map 28409, permitting development of a 19 single family lot subdivision with
private streets by adoption of Resolutions 97-35 and 97-36, subject to Findings and
Conditions;
WHEREAS, the Planning Commission of the City of La Quinta, California,.
did on the 25th day of March, 1997, hold a duly noticed Public Hearing and
recommended approval to the City Council of Tentative Tract Map 28409 by adoption
of Resolutions 97-017 and 97-018, more particularly described as:
Portion of the SW 1 /4 of Section 1, T6E, R6E, SBBM (APN:
773-030-009 and portions of 773-030-010, 773,115-003,
and 773-151-012)
WHEREAS, said Tentative Map has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63). On May 6, 1997, the City Council adopted Resolution
97-35 certifying a Mitigated Negative Declaration (Environmental Assessment 96-335)
for this project. Therefore, no additional review is warranted for this project to
consider changes to the grading plan; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
RESOCC.90-20, CONDCC28409REV-20
199824
Resolution 97-90
City Council did make the following Mandatory Findings of approval for said revised
grading plan for Tentative Tract Map 28409:
A. The Map is consistent with the City of La Quinta General Plan, Zoning Code,
and Subdivision Ordinance.
Tentative Tract Map 28409, as approved on May 6, 1997, is consistent with
the goals, policies and intent of the La Quinta General Plan Land Use Element,
Zoning Code, and Subdivision Ordinance provided conditions are met.
B. The design or improvement of the proposed subdivision is consistent with the
La Quinta General Plan and any applicable specific plans.
The revised grading plan will not adversely affect surrounding property owners
because lot pad elevations are consistent with existing topographic features of
the site.
All streets and improvements in the project, as conditioned, will conform to City
standards as outlined in the General Plan and Subdivision Ordinance. All on -
site streets are private and designed per the standards of the Circulation
Element (Chapter 3.0) of the General Plan. Access to the Tract will be from
Street Lot "A" on Avenida Montezuma. The density and design standards for
the Tract will comply with the Land Use Element (Chapter 2.0) of the General
Plan and Zoning Code, respectively.
C. The design of the subdivision, or the proposed improvements, are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
Mitigation measures are required to develop this property as required by EA 96-
335.
D. The design of the subdivision or type of improvements are not likely to cause
serious public health problems.
The design of the subdivision, as conditionally approved, will not cause serious
public health problems because they will install urban improvements based on
City, State, and Federal requirements.
RESOCC.90-20, CONDCC28409REV-20
199824
Resolution 97-90
E. The design of the subdivision, or type of improvements, will not conflict with
easements, acquired by the pi.blic at large, for access through or use of
property within the proposed subdivision.
The proposed streets are planned -to provide direct access to each single family
lot. All required public easements will provide access to the site or support
necessary infrastructure improvements.
WHEREAS, in the review. of the changes to the grading plan for Tentative
Tract Map, the City Council has considered the effect of the contemplated action on
housing needs of the region for purposes of balancing those needs against the public
service needs of the residents of the City of La Quinta and its environs with available
fiscal and environmental resources;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That it does hereby approve changes to the site grading plan for Tentative Tract
Map 28409 for the reasons set forth in this Resolution and subject to the
attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held. on the 18tn day of November, 1997, by the following vote,
to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
GLENDA L. HOLT, Mayor
City of La Quinta, California
REsocC.90-20, CONDCC284OREV-20
19982',
Resolution 97-90
ATTEST:
AUNDRA L. JU OLA, City�Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
RESOCC.90-20, CONDCC28409REV-20
1998214
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE 1
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing Resolution No. 97-63 is a full, true and correct copy
as adopted by the City Council on July 15"', 1997.
DATED: May 15, 1998
4A4UNDRA L. JUI-ICKA, City Clerk
City of La Quinta, California
4..'_�.
199824
RESOLUTION 97-92
CONDITIONS OF APPROVAL - FINAL
TENTATIVE TRACT 28611
WINCHESTER DEVELOPMENT
NOVEMBER 18, 1997
* Amended by Planning Commission on October 14, 1997.
1. 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.
*2. Upon the City's approval of this project, the City Clerk is directed to file these
Conditions of Approval with the Riverside County Recorder for recordation against
the properties to which they apply.
3. This tentative map is an overlay of a portion of Tract 28470-1 and depends on
access, utility, drainage, landscaping, and other improvements which are conditions
of approval for that tract. Except as otherwise set forth herein, beneficial use of the
lots created by this tentative map shall be subject to THE satisfaction of the
Conditions of Approval and Subdivision Improvement Agreement applicable to Tract
28470-1.
4. Tentative Tract Map 28611 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.
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 public agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District
• Imperial Irrigation District
• California Regional Water Quality Control Board (NPDES Permit)
P:conaprvltt28611 5
1998211
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 -Winchester Development
November 18, 1997
The applicant is responsible for any requirements of the permits or clearances from
these jurisdictions. If the requirements include approval of improvement plans, the
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.
6. 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
7. 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.
8. 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.
9. Final map(s) within this tentative map shall retain and depict all existing rights of
way and easements unless otherwise required or approved by the City Engineer.
10. Within one hundred eighty (180) days of the approval of this tentative map, but no
later than the approval date of any final map or building permits in the area within
this tentative map, the applicant shall grant or dedicate to the City, a twenty four
Rconaprv=8611 6
• • .
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 -Winchester Development
November 18, 1997��,;
(24) foot -wide drainage easement along the southwesterly portion of Lot 17 of this
tentative map. With the approval of CVWD, the map may extinguish the easement
previously dedicated to CVWD over the same strip of land. The grant deed or
dedication shall provide access for construction, reconstruction, inspection, and
maintenance of the drainage facilities located within the easement.
11. The applicant shall dedicate any easements necessary for placement of and access
to utility lines and structures, drainage basins, mailbox clusters, 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, except as
herein provided, unless such easements are approved by the City Engineer.
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.
14. Improvement plans shall be prepared for utility service and access improvements
to individual residential lots and for any other improvements revised from or not
included in the plans approved for Tract 24870-1. Alternatively, the plans for Tract
24870-1 may be revised to accommodate the new conditions created by this map.
15. All plans except utility service and precise grading plans shall have signature blocks
for the City Engineer. Precise grading plans shall have signature blocks for the
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
P:conaprvltt28611 7
k
299824
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 -Winchester Development
November 18, 1997
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.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
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 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. On- and off -site street, drainage, landscaping, and utility improvements serving this
tentative map area are established by the Conditions of Approval for the underlying
Tentative Tract 24870 and are secured with Tract 24870-1. The City will not
conduct final inspections or otherwise allow occupancy of homes within the area
covered by Tentative Map 24870, including this tentative map, until off -site
improvements and necessary interior access improvements secured with Tract
24870-1 are complete or are progressed according to a phasing plan approved by
the City Engineer.
18. For improvements and obligations in addition to or differing from those required of
Tract 24870-1, the applicant shall construct the improvements and/or satisfy the
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.
P:conaprvltt28611 8
1998211
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 - Winchester Development
November 18, 1997
19. 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 building lots within the tentative map area.
20. If the applicant desires to phase improvements and obligations required by the
Conditions of Approval, 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.
21. If improvements are phased with multiple final maps or other administrative
approvals (site development permits, 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.
22. Approval of this tentative map and future approval and recordation of resulting final
maps shall in no way nullify the provisions of the existing Reimbursement
Agreement between the City and Tradition Club Associates for the City's cost of
previous improvements to 52"d Avenue and Avenida Bermudas. The area covered
by this tentative map remains subject to the provisions of the Reimbursement
Agreement which may be modified only in the manner prescribed in that agreement.
23. 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.
P:conaprvWQ8611 9
1998204
Resolution 97-92
Conditions of Approval Final
Tentative Tract 28611 - Winchester Development
November 18, 1997
24. 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.
25. If required by changes in grading from the approved plan for Tract 24870-1, 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 applicant
shall prepare a thorough preliminary geological and soils engineering report (the
"soils report") and shall submit a copy of the report with the grading plan. 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 finial map(s) 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 development with abutting properties and of separate tracts 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 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.
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.
P-.
28. Drainage for this tract shall comply with approved drainage plan for Tract 28470-1.
UTILITIES
29. All existing and proposed utilities shall be installed underground. High -voltage
power lines which the power authority will not accept underground are exempt from
this requirement.
Rconaprv=8611 10
19982,}
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 - Winchester Development
November 18, 1997
30. 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.
31. The applicant shall prepare plans, or revise the plans, for Tract 28470-1 to provide
utility service to the individual building lots created by this map. The applicant shall
provide security for any significant additional estimated costs for utility construction
due to the increase in building lots over that provided by Tentative 24870.
32. Landscaping shall conform with the approved plans for Tentative Tract 24870.
QUALITY ASSURANCE
33. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
34. 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. Testing shall include a retention basin sand filter percolation
test, as approved by the City Engineer, after required tract improvements are
complete and soils have been permanently stabilized.
35. 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.
36. 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.
P:conaprvltt28611 11
X
1998211 -
Resolution 97-92
Conditions of Approval - Final
Tentative Tract 28611 -Winchester Development
November 18, 1997
MAINTENANCE
37. The applicant shall make provisions for continuous maintenance of drainage,
landscaping and on -site street improvements.
FEES AND DEPOSITS
38. 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 MARSHAL
39. Schedule "A fire protection approved Super fire hydrants, 6" X 4" X 2'/" X 2Y211 will
be located at each street intersection spaced not more than 330 feet apart in any
direction with any portion of any frontage more than 165 feet from a fire hydrant.
Minimum fire flow will be 1000 g.p.m. for a two hour duration at 20 psi.
40. Prior to recordation of the final map, applicant/developer will furnish one blueline
copy of the water system plans to the Fire Department for review/approval. Plans
will conform to the fire hydrant types, location and spacing, and the system will meet
the fire flow requirements. Plans will 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."
41. 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.
P:conaprvltt28611 12