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2005 01 04 CC
6�(# 4 449ha City 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, January 4, 2005 - 2:00 P.M. Beginning Resolution No. 2005-01 Ordinance No. 412 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph 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 NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY KNOWN AS PARCELS 1, 2, AND 3 OF PARCEL 29909, LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES LA QUINTA. i City Council Agenda 1 January 4, 2005 2. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC-010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9a RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT 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 should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 21, 2004. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 4, 2005. City Council Agenda 2 January 4, 2005 2. AUTHORIZATION TO REJECT ALL BIDS FOR THE INTERACTIVE WATER FEATURE PROJECT. 3. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31681-1, CORAL MOUNTAIN AT ANDALUSIA, CORAL OPTION I, LLC. 4. ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR A SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT FOR FISCAL YEAR 2004/2005. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE CALIFORNIA SOCIETY MUNICIPAL FINANCE OFFICERS (CSMFO) 2005 ANNUAL CONFERENCE IN BURLINGAME, CALIFORNIA, FEBRUARY 22-25, 2005. 6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING FOR ON -CALL PLAN CHECK SERVICES. BUSINESS SESSION 1. CONSIDERATION OF REQUEST FOR APPROPRIATION FROM PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CITY COUNCIL REORGANIZATION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 412 ADDING SECTION 2.04.115 RELATING TO APPLICATION FOR WAIVER OF CITY APPEAL FEES. A. ADOPT ORDINANCE ON SECOND READING City Council Agenda 3 January 4, 2005 3 STUDY SESSION 1. DISCUSSION REGARDING TRAIL ISSUES IN CONNECTION WITH TRAVERTINE PROJECT — AVENUE 62 AND JEFFERSON/MARTINEZ SLIDE AREA. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) . 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. INVESTMENT ADVISORY BOARD MINUTES FOR NOVEMBER 10, 2004. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS - NONE 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING A DONATION TO THE AMERICAN RED CROSS TO AID SOUTHERN ASIA DISASTER VICTIMS. (REQUESTED BY MAYOR ADOLPH) City Council Agenda 4 January 4, 2005 E RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT 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 time clock on the speakers podium. PRESENTATIONS - NONE 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. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2004-526; 2) CONSIDERATION OF GENERAL PLAN AMENDMENT 2004-103 AND ZONE CHANGE 2004-122, TO REPLACE t 159 ACRES OF LAND DESIGNATED VERY - LOW DENSITY RESIDENTIAL WITH A LOW -DENSITY RESIDENTIAL DESIGNATION; 3) GRIFFIN RANCH SPECIFIC PLAN 2004-074, FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 303 RESIDENTIAL UNITS; 4) TENTATIVE TRACT MAP 32879, TO SUBDIVIDE t 199 ACRES INTO 303 RESIDENTIAL LOTS AND OTHER AMENITY LOTS, FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55 ALIGNMENT, AND t 1 /4 MILE WEST OF MONROE STREET. APPLICANT: TRANSWEST HOUSING. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C. INTRODUCE ORDINANCE NO. FOR FIRST READING. City Council Agenda 5 January 4, 2005 5 2. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 32751, FOR THE SUBDIVISION OF t 9.25 ACRES INTO 29 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS, FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND POMELO. APPLICANT: GROVE PARTNERS LQ, LLC. A. RESOLUTION ACTION 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION FOR APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FY 2005-2006 A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on January 18, 2005 commencing with closed session at 200 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 January 4, 2005 6 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, January 4, 2005, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Thursday, December 30, 2004. DATED: December 30, 2004 d�,, _�,& .., JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices 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, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 January 4, 2005 / T �.°'� Oho • 6" 4 GV IrsopeoRn�n 4 w5w AGENDA CATEGORY: OF TI9 COUNCIL/RDA MEETING DATE: JANUARY 4, 2005 ITEM TITLE: Demand Register Dated January 4, 2005 RECOMMENDATION: Approve Demand Register Dated January 4, 2005 BACKGROUND: Prepaid Warrants: 61557 - 61584) 236,432.04 61585 - 615871 784.89 61588 - 616391 181M4.67 Voids} (11,067.09) Wire Transfers) 160,209.71 P/R 32482 - 325001 127,394.97 P/R Tax Transfers} 37,531.19 Payable Warrants: 61640 - 617931 1,10%375.32 $1,8411675.70 FISCAL IMPLICATIONS: Demand of Cash - City $1,6903248.39 Demand of Cash -RDA $151,427.31 John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 12/16/04 - 12/29/04 12 /173/04 WIRE TRANSFER - ICMA $6,964.03 12 /17/04 WIRE TRANSFER - PERS $13,225.60 12 /23/04 WIRE TRANSFER - VISTA DUNES $32,122.00 12 /23/04 WIRE TRANSFER - LANDMARK GOLF $14,545.54 12 /29/04 WIRE TRANSFER - LANDMARK GOLF $93,352.54 TOTAL WIRE TRANSFERS OUT $160,209.71 2 c- NO ti 1 0 to I I M M \ I Y J 1 0 In O O O In O In I U < 1 0 1 W F- 1 00 ti 00 Ol N M 0 a- M 0 I S 0 1 N O. M t- Nt In M W N CC . I (i F- 1 ti N Ok N 0 c0 N 0 W I 1 % � Q m 1 1 e- M t d Z I I O Z I I ►� 1 1 W ix I 1 a. O I 1 d I I U) W I I- Z Z 0C 1 Z ►-1 I �--I I Q 1 IC 4c 4c is -K -1c is 4c is -Ic Z I Z W 1 I <CC I MM OONe-MNOIn 00 00 00 Ow-r- 00 00 -t It WO tN 0001-10MI- 00000 0 1 \1 00 I-tntnNOtntn 00 00 00 OInIn 00 00 %0%0 InT- t- 01.-0-o0MV- 00000 U I W U 1 . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 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G o J tL 17 W 1 1 Q 0 = Q 0 tr Q I I U E F- Z c c W Y > U 0 1 w I Z W Q J Z Z Q to Z I ow I Z J Y Q Z dw W W DC C F- w 1 C Z I O Q = m Z w Q 0 Nt O Y 1 Z Q I Z I- � � ►� u- tL a- u. Z I W Z I E H > Z Ix W •• -I Q I> 1 O tL W >- a > Z W c In Jm I I U Q w 3 Y W E W O J Q 1 1 U u- G to Z O Y F- Z u1 UO 1 I H Q G O W Z J U J Z Z O 1 1 G LU F O 0 w 0 �t �tY 1 1 C9 C9 C� l9 t9 O C9 = _ = S = O QQ 1 1 O 1- LL I 1 N J Z I 1 00 --t -t NO In In %0 N ti %0 \%O H rn I I In 00 ti ti 1.0 1- ti 140 00 ti M Ol %t J I O 1 O 00 %t -.t N M --t %0 N NMO-i 1 DO 1 e- \Z W I Z Z 1 NC7Q3 1 W 1 T" J I > � •• 1 I u1 Z IL O 1 I 0 T- N W1 �t .In 10 ti 00 0% O cc Q O O 1 1 O, Ol 0% 0% Ok Ol 0% Ol 0% ON O 0 Q tr I Y 1 %O NO %O NO NO NO NO SO NO %0 IL I` tL (0 >- Y 1 U I V" qr- e- e- T- e- e- e- e- e- T- T W O 1- Z I W O I so %0 NO %0 %O NO NO IkO %0 NO %0 %0 tY w " < I = Z I tL c. U OD I L) I I 4 NO 1.0 ti I I Q in I 1 M o O 0 co In O O 0 kn 0 \ I Y J I %0 %O O O O M N 00 0 O 0% 0 to 1 uQ I O 1 W f- I �i e- 00 u1 O �O O� O �► O I= O I e- Ck 0% ti O M W N Or I u l- 1 N a- Ln M r' O N O M In 0 W 1 I Q 013 1 1 00 ti 00 M 0 CL E 1 1 N N O Z I 1 H I 1 OC 1-- I 1 W 9z 1 1 OL O I CL i 1 t9 W 1 H Z I ►-� 1 3 1 •1c * 4c It * k k K K Ic Ic is H 1 0 1- 1 Z I E I 1 QOWC -t0%M 00 00 00 WM tn0v► %00 00 000000000000 Inkn 00 0 O 1 \1 %0%0 NOO,.%O 00 00 00 MM NON NOe-00 00 000000000000 OHO% 00 0 u I uCA 0000 4an M,OO: 00 OO OOuYOOOo0004u1 man 44 �O Q I Z6-4 1 tee- O.PON 0% ON til` 00 MM NMLn O►e-O 00 .t000001-1-004000%0%00 1 QD 1 NN Mr- LAtn MM tee- 00 01CM N 00 tntn �t I F- W 1 %t M 00 e- ti fl- 00 01 00 M M Ln 00 O 0 1 H O 1 N N I S 1 1 W F I 1 OC W I 1 Z I 1 v i I 1 1 1 I 1 1 1 N Lntn 00 00 -t tiMtif-ti Fn -t M 1 1 O NN O O 0 %O NO 00 0 000000011--000 -t O O 1 1 1 1`I 1 I 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 i 1 I 1 %0 %0%0 M N rn e- Mgt tnJ-% Ln LnV►V►NMNNMINNN M �t M OG I 1 N to to �T M N Ln in -t �t N �T �t �t �t �t M M �1 M M M �t Into lu I 1 m Me- E I Z I In e- an a- N O N N LA to an in Ln Ln in M wl N1 N1 N1 KI to r- 1 1 --t 1n1n kn InU% InLnUNtnv►--t4�.t1 V► I Z 1 0 1 1 1 1 1 I 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I u t N 00 NO �t e- N NN --tM M M M 4 W r- %S LAM4Ln%t 0 00 � Y 1 u l O 00 N O O 0 00 cV O NNOPMLnOOOOOO O M O Z 1 Q I 0 00 (` O O 0 00 f- 0 1-1-01-%0000000 O 1` O Q I I M 00 T- W" in Ck InM V-V- e- V-T-e-1-0 e- m 1 I 1 I I 1 I i I 1 1 I I 1 11 I I 1 1 1 1 1 1 1 1 1 I N N e- r- %0 a- T" qrl qr- a-- e- � V- e- W" e- c- c- e- >- 1 1 O O O O O 0 -t 00 00 O 00000000000 O O O m 1 1 In &A N Ln 1 1 DC W cn I 1 ►� I I W %t st -t -t �t -t %t %t Nt %t -t �t %t 4 Nt I 1 O 00 O O O O 00 00 O 00000000000 O O 0 1 1 O 00 O O O O 00 00 O 00000000000 O O 0 Y I I N N N N N N N N N N N N N N N N N N N N N N N N N Al W 1 t- 1 01 0% C1 ON. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C STUDY SESSION: PUBLIC HEARING: At the March 4, 2003 City Council meeting, the City Council approved issuance of a Request for Proposals (RFP) for an interactive water feature for the La Quinta Park. The location of the interactive water feature at the La Quinta Park is shown on Attachment 1. On November 4, 2003 the City Council approved a Professional Services Agreement with David Volz Design (DVD), who presented a proposed interactive water feature to the Community Services Commission at their January 12 meeting. DVD proposed a design proposal of approximately $140,000, which includes a 4,000 gallon underground storage container, a re -circulating system, and 10 different spray elements. At the March 16, 2004 City Council meeting, the City Council approved the proposed Interactive Water Feature concept. JG S:\CityMgr\STAFF REPORTS ONLY\C1 Reject Water Feature Bid.DOC At the April 20, 2004 City Council meeting, the City Council approved the project applications for grant funds for the Per Capita and Roberti-Z'berg-Harris Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40) for the La Quinta Park Interactive Water Feature, new playground equipment at the YMCA facility, and new shade structures. The balance of the City's match for the rubberized surface beneath the interactive water feature ($7,000) will also be paid from these grant funds. The amount of funds allocated to the La Quinta Park Interactive Water Feature in the application was $146,764. Notices to Proceed were received from the California Department of Parks and Recreation on October 7, 2004. The grant funding for the La Quinta Park Interactive Water Feature is now available for this project. An executed copy of the Grant Agreement for the rubberized surfacing was filed with CIWMB on June 22, 2004, and a Notice to Proceed was received on July 7, 2004, which authorizes the City to begin work on the project. At the July 20, 2004 City Council meeting, the City Council approved the Plans, Specifications and Engineer's Estimate for the interactive water feature with the bid opening planned for November 9, 2004. Two bid packets were received by the City. Both bids received. exceeded the Engineer's Estimate of $173,937. Attachment 2 provides the Bid Opening Log Sheet in which California Landscapes bid the project at $257,662 and Zondiros Corp. bid at $412,790. Staff will review the project for possible cost saving measures and present a revised version to the Community Services Commission for reconsideration at their February 14, 2005 meeting. Upon review, staff will then forward the Commission's recommendation for City Council consideration at a future meeting date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reject all bids for the interactive water feature project; or 2. Do not reject all bids and award the contract in the amount of $257,662 to California Landscapes for the interactive water feature project; or 3. Provide staff with alternative direction. 57 S:\CityMgr\STAFF REPORTS ONLY\C1 Reject Water Feature Bid.DOC Respeftfully sjibmitted, e Horvitz,- Co Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. La Quinta Park Site Plan 2. Bid Opening Log Sheet ir1358 S:\CityMgr\STAFF REPORTS ONLY\C1 Reject Water Feature Bid.DOC :?. . fj COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-1 is located south of Avenue 58 and east of Madison ' Street (Attachment 1). This residential development will consist of 55 lots on approximately 26.3 acres (Attachment 2). On July 6, 2004, the City Council approved Tentative Tract Map No. 31681. The developer has requested the City Council's approval of the Final Map (Attachment 2). To date, the SIA (Attachment 3) has been executed by the developer and the associated securities have been received. The Final Map is technically complete. 61 Staff has prepared a Resolution which provides for approval of the Final Map and SIA. The approval is contingent upon a technically correct Final Map, suitable for recording by the County Recorder, with all. required signatures (except the City Clerk) and the associated securities. The City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, S dmothy J na , P. E. lic Wo Dir or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 62 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF TRACT MAP NO. 31681-1, CORAL MOUNTAIN AT ANDALUSIA, CORAL OPTION I, LLC 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 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 Map 31681-1 is approved. 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 to the tentative tract map, the Subdivision Map Act and all ordinances of the City. 3 63 Resolution No. 2005- Tract Map No. 31681-1, Coral Mountain at Andalusia Adopted: January 4, 2005 Page 2 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. Finalize the final Tract Map and obtain all necessary signatures. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of January 4, 2005, by the following vote, to wit: AYES: Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 5 65 r, `i r'• VOL, ATTAC H M E H T v`' H N � M M NN N 2 o a - jN I f I A I 13381S 308NOn `� Ci � t IIMI Xm Mom ------- ------- ------- r7 r"Prr lip T -.5 '1' all -EllI 11I ill o II II II �W oiv � Ili 7, aO Z� I I w 10 a�� II W = ag II II I w vi► a S I i s II !g Am XW&. I 0. yi(c4J.� y��Y;?c na. b �Od OO .a '� 3:DdVd 133811S i NOSIOVH p • 0 rs . Ott of O ® © 0 II I la lz U (I0 m a e tea"` kew 1.i. 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'' : �-i .iNM ►�:. :.::-; :+:.. ri' - .-::.i r: »: r. �: w�', r, r4.i ,:.: i.i :., r..� fir, ►i ..i In oil i iivo's]iririri�..::�ir■iririri/Ylirwiriirl,r���rrr �W_Wiririrr�i.v I1i1iiii1Iiii11i1l-AMIN �w■eviww�w��*■ww■wwww ■ww*■* 7www■w ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this Z8 T.0 day of , 2004- by and between CORAL OPTION I, LLC. A DELAWARE 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 Tract 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. 31681-1 (the "Tract") pursuant to the provisions of Section 66410, et 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 attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 13 T:1Project Development Division0evelopment Projeds%greementASIX&As in ProgresslCorai Mountain 31681-lZNSITE_SIA.doc 1 of 7 B. Improvement security shall conform to 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. 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 Tract 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, Tract map or waiver of Tract 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 74 14 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\ONSITE SIA.doc 2 of 7 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 3.13., 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the Fife 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 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 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) ParticipatoryImprovement 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 75 performance of work or provision of materials under the terms of the warranty, wa'rrranty TAProject Development DivisionDevelOWent Projects\Agreements\SIA\.SIAs in ProgressZoral Mountain 31681-1\ONSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. f 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. s. 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. 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 76 not previously submitted. 6 4 of 7 T.Troject Development Division\Development ProjectsWgreements\SIA\SiAs in Progress\Coral Mountain 31681-1 WNSITE SIA.doc 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 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys 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 7 7 heirs, executors, administrators, assigns, and successors of the parties hereto. 17 TAProject Development DivisioMDevelopment ProjectsWgreements\SIA1SIAs in ProgressT"al Mountain 31681-11ONSITE SIA.doc 5 of 7 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. 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 ATTEST: City Clerk Date Subdivider Coral Option I, LLC Po (0c, La Quinta, CA 98M 2 2-4-'l By: Date Title: 0— r By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date 78 18 TAProject Development Division0evelopment Projects\Agreement"IA\.SIAs in ProgressZml Mountain 31681-1\ONSITE SIA.doc 6 of 7 Exhibit A ON -SITE SECURITY - TRACT MAP NO. 31681-1 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. 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 $ 17,290 $ 17,290 On Site Street Improvements $ 273,160 $. 273,160 Domestic Water $ 855,290 $ 855,290 Sanitary Sewer $ 265,730 $ 265,730 Storm Drain $ - 81,710 $ 81,710 Dry Utilities $ 110,000 $ 110,000 Pedestrian Tunnel (8ft Wide) $ 65,000 $ 65,000 Pedestrian Tunnel (12ft Wide) $ 70,000 $ 70,000 Totals $ 1,738,180 $ 1,738,180. Standard 10% Contingency $ 173,820 $ 173,820 Total Construction Cost $ 1,912,000 $ 1,912,000 Professional Fees, Design 10% $ 191,200 $ 191,200 Professional Fees, Const 10% $ 191,200 $ -191,200 No Plans Contingency 25% $ 478,000 $ 478,000 Special Monumentation Contingency $ 12,450 Bond Amount $ 2,784,850 $ 297720400 Improvement Description Performance Labor & Materials Monumentation $ 20,930 $ - Totals $ 20,930 $ - See On -Site Special Monument Cont $ - $ ' Total Construction Cost $ 20,930 $ - Bond Amount $ 20,930 $ - 79 19 TAProject Development Division\DMIOPment ProjWS\N reements\SW\.SIAs in Progress\Corad Mountain 31681-110NSITE SIA Used OK.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of A On q-_wg-0 Date personally appeared 67, before .me, s 7�S �? California Notary Public - :.., riverside County Comm. Expires Oc, 7, 10T,. nre end Title of Offfr (e.g., -Jim Dos. Notary Pubkl) 1 Of ins) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(k whose name($) is/ft subscribed to the within instrument and acknowledged to me that he/sfiq/thgy executed the same in hisftkc/their authorized capacity(hks), and that by his/hWjtlXjr signaturek on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and o ici seal. Sig re Pubic 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 Attach Title or Type of Document: Document Date: q ` 07 Number of Pages: l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: tG 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.natiorWnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 M CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this &9 'L* day of Seel7F4.r bWI- 20 Oct by and between CORAL OPTION I, LLC. A DELAWARE 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 Tract 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. 31681-1 (the "Tract") pursuant to the provisions of Section 66410, et 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. 21 81 T:\Projed Development Division\Development Projects\Agreements\SIA\S1As in Progress\coral Mountain 31681-1\OFFSITE_SIA.doc 1 of 7 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. 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 cant' 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 Tract 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, Tract map or waiver of Tract 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 80 22 T.\Project Development Division\Development Projects%greements\SU\\SIAs in Progress\Coral Mountain 31681-1\OFFSITE_SU1.doc 2 of 7 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 3.13., 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 3.13., 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 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 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 shad 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 33 performance of work or provision of materials under the terms of the warranty, warranty TAProyd Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\01FFSITE_SIA.doc 3 of 7 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. 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. 84 T:1Pro Devel nt Division0evelopment Projects\Agreements0A\SIAs in Progress\Coral Mountain 31681-110FFSITE SIA.doc 24 4 of 7 tact opine 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 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys 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. 35 25 TAProject Development Division\Development Projects%greementiOAWAs in Progress\Coral Mountain 31681-1\OFFSITE_SIA.doc 5 of 7 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. 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: City Clerk Subdivider Coral Option I, LLC �o � La Quinta, CA 9LI-M '? 7-7-4-.7 ©Q Z , By: Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Lim 26 T:\Project Development Division\Developmen t projeCts\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\OFFSITE SIA.doc 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31681-1 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. 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 Avenue 58 Improvements Street $ 355,810 $ 355,810 Sidewalk (8ft) and Ramps $ - $ - Storm Drainage $ 9,380 $ 9,380 Signing and Striping $ 1.1,760 $ 11,760 Street Lighting $ 40,400 $ 40,400 Sanitary Sewer $ 683,560 $ 683,560 Perimeter Landscaping $ 156,410 $ 156,410 Perimeter Wall $ 36,590 ' $ 36,590 Water $ 256,040 $ 256,040 Totals $ 1,549,950 $ 1,549,950 Standard 10% Contingencey $ 155,000 $ 155,000 Total Construction. Cost $ 1,704,950 $ 1,704,950 Professional Fees, Design 10% $ 170,500 $ 170,500 Professional Fees, Const 10% $ 170,500 $ 170,500 No Plans Contingency 25% $ 426,240 $ 426,240 Bond Amount $ 29472,190 $ 2,4729190 87 27 TAProject Development Division\Development Projects\Agreements\SW\SIAs in Progress\Coral Mountain 31681-1\OFFSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomi ss. County of 1I b e, On 7 . ,-4 ? ` 0 C� before me, I Date 11j personally appeared MARCIA K. GREEN Commission # 1378904 Z-,I�' Notary Public - California D Riverside County My Comm. Expires Oct 7, 2006 -It personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(() whose named is/atp subscribed to the within instrument and acknowledged to me that he/sA" executed the same . in his/Nj/tha4 authorized capacity(ids), and that by his/%�/thit signatureN on the instrument the person(, of the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and off' ial seal. e/tic-4- -.,/ Signatu 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 Document Title or Type of Document: L« Document Date:g ' O Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nabonainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-W27 d, • • • 28 Tjt(f °� �wa�rw COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Adoption of a Resolution Authorizing Submittal of an Application to the California Integrated Waste Management Board (CIWMB) for an SB 1346 Rubberized Asphalt Concrete Grant for Fiscal Year 2004/2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution authorizing submittal of an application to the California Integrated Waste Management Board (CIWMB) for an SB 1346 Rubberized Asphalt Concrete (RAC) Grant for Fiscal Year 2004/2005. FISCAL IMPLICATIONS: Approval of this request would allow the City to apply for a Fiscal Year 2004/2005 grant for RAC to be used on the Jefferson Street Phase 2 project. One of the requirements for submission of the grant packet is submission of a signed resolution authorizing the submittal of the grant application. The deadline for submission of the grant packet is January 14, 2005. There is no local match required for this grant program. If the City is awarded the grant, notification is expected in April 2005. Funds expended will be reimbursed at the end of each respective grant period with the filing of final reports. The City is required to contribute 25 % of total costs for the Jefferson Street, Phase 2 project, with the City of Indio contributing 25%, and CVAG contributing 50%. This grant can be included as part of the City's 25 % share. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CIWMB administers tire grant programs to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and promote markets for recycled -content tire products. Senate Bill (SB) 1346 (Kuehl, Stats 2002, c. 671) added Public Resources Code section 42872.5, which provides for a grant program to assist local governments with Rubberized Asphalt Concrete (RAC) projects. Funds in the amount of $1,200,000 for FY 2004/2005 will be available for this grant program. Eligible projects for the SB 1346 RAC Grant Program will use a minimum of 2,500 tons of RAC. Eligible RAC consists of twenty pounds or more of crumb rubber made from California waste tires per ton of RAC. Reimbursement is available for up to 20,000 tons of RAC. The City is obligated to use RAC on the Jefferson Street project and to pay for the City's share of the cost. The section that will be paved using .RAC is approximately one mile long and 40 feet wide within the City limits, from Highway 1 1 1 to Westward Ho, and the west side of Jefferson from Fred Waring to the City limits, which will require approximately 2,500 tons of RAC. Therefore, this project is eligible for grant funding. The City wishes to take advantage of this funding opportunity, which not only supports the City's Buy Recycled and Source Reduction Policy, adopted June 6, 1995, but also promotes the City's proactive recycling philosophy by using RAC made from California waste tires as part of this project. An application is being drafted and will be submitted prior to the January 14, 2005 deadline. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution authorizing submittal of an application to the California Integrated Waste Management Board (CIWMB) for an SB 1346 Rubberized Asphalt Concrete (RAC) Grant for Fiscal Year 2004/2005; or 2. Do not adopt a Resolution authorizing submittal of an application to the California Integrated Waste Management Board (CIWMB) for an SB 1346 Rubberized Asphalt Concrete (RAC) Grant for Fiscal Year 2004/2005; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deeringer, Management Assistant Approved for submission by: (100 Thomas P. Genovese, City Manager 90 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR AN SB 1346 RUBBERIZED ASPHALT CONCRETE (RAC) GRANT FOR FISCAL YEAR 2004/2005 WHEREAS, Public Resources Code Section (PRC) 42872, authorizes the California Integrated Waste Management Board (CIWMB) to establish a grant program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled -content waste tire products; and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by individuals, businesses, local governments and research institutions under the program; and WHEREAS, said procedures established by the CIWMB require the applicant to certify, by resolution, approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LA QUINTA: 1. Authorizes the submittal of an application to the CIWMB for an SB 1346 Rubberized Asphalt Concrete (RAC) grant. The City Manager, or his/her designee, of the City of La Quinta is hereby authorized and empowered to execute in the name of the City of La Quinta, all necessary applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of January, 2005, by the following vote to wit: 91 3 Resolution No. 2005- CIWMB RAC Grant 2004/05 Adopted: January 4, 2005 Page 2 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 92 4 4 SepQ�rw COUNCIL/RDA MEETING DATE: J an u ary 4, 2 0 0 5 ITEM TITLE: Authorization for Overnight Travel for the Finance Director to Attend the 2004 California Society Municipal Finance Officers (CSMFO) Annual Conference in Burlingame, CA, February 22 — February 25, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director to attend the four -day 2005 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Burlingame, CA, February 22 — February 25, 2005. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01. This conference was budgeted in the 2004/2005 Fiscal Year Budget at $1, 500. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 225.00 • Travel 400.00 • Lodging/Meals 600.00 Total $1,225.00 CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2005 California Society Municipal Finance Officers (CSMFO) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 93 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director to attend the four -day 2005 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Burlingame, CA February 22 — February 25, 2005; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the four -day California Society of Municipal Finance Officers (CSMFO) Annual Conference in Burlingame, CA February 22 — February 25, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, AJLohnM. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Conference Material 94 2 ATTACHMENT 1 Registration Packet 95 3 4G;[ Dear Conference Attendee: minutes from downtown and a short drive to the "City by the Bay" - San Francisco. + We're really excited about this year's program and the many opportunities you will have to attend educational ses- sions, listen to great speakers, and network during the day and after hours at our planned activities. This year we have increased our number of breakout sessions with each break- out period offering several classes to choose from, allowing you to pick the ones most ben- eficial to your individual needs. In addition to the many educational opportunities, we have a great evening planned on Thursday. CSMFO will host "The Streets of San Francisco," where you will enjoy won- derful culinary delights and an array of entertainment guaranteed to be fun! This event will take place right at the hotel for easy access and stress free planning. Please join us for this unique night of entertainment. Once again this year you will have the opportunity to visit our many vendor exhibits, both in a casual manner between your sessions and at our welcome reception on Wednesday evening. This is a wonderful opportunity to learn what new tools are out there to assist you in your ever growing need to provide services to the public. After reviewing the registration packet I'm sure you will easily see the benefits of attending this dynamic opportunity for growth and education pertinent to your position. CSMFO's primary goal is to promote excellence in financial management through innova- tion, continuing education, and the professional development of members. With that in mind, the Annual Conference promises to fulfill that commitment to our members. Again, on behalf of the Host Committee and the CSMFO Board of Directors, we have a great conference planned and look forward to seeing old friends, and colleagues, as well as making new connections as we are "Bridging Our Financial Future." Sincerely, ja*lzt Saivety Finance Officer City of Stockton CSMFO President -Elect 2005 Conference Co -Chair jet N"cv Finance Director/City Treasurer City of Burlingame 2005 Conference Co -Chair 96 4 Tuesday, February 22, 2005 SIM MEN F., $.. 3:00 pm - 4:00 pm Board Meeting Friday, February 25, 2005 fifil K3o iC,a 8:00 am - 9:00 am Chapter Chair Breakfast 9:00 am -12:00 pm Exhibit Hall Open 10:30 am -11:45 am Education Sessions 12:30 pm - 1:00 pm Concluding Lunch & Prize Giveaway 97 s ...Speakers... Claire Shipman Oaenin9 Kete Senior National Correspondent for ABC News February 23, 2005--12:00-1:00 Combining street -smart investigative report- national correspondent, Shipman brings a ing with on -air grace, Claire 'Shipman has fresh perspective to each day's headlines on, become a leading and respected broadcast Good Morning America and prime time pro - journalist. Today, as an ABC News senior gramming. The NOnorabje, Wyllie $r0Wn. Jr. Former Mayor of San Francisco & Activist February 24, 2005—12:30-1:45 res his knowledge with a new generation eaders. w* �SS .t i1`Q"Y . lAii-IR 4' K§' S. 4� 8 8'0 Y, 8R' 6 EV ♦ Stephen Levy, Update on California Economy ♦ Michael Coleman, Latest Perspectives on California Municipal Finance ♦ Looking Good! GFOA Recommended Practices ♦ Privitization, Shared Services and Outsourcing: ♦ Pension Obligation Bonds Hear the Latest ♦ Emerging Trends II: RDA Issues ♦ Update on Fair Labor Standards Act Compliance ♦ Avoiding Total Meltdown: Practical Risk ♦ Emerging Accounting Issues: Staying Out of Management Approaches Trouble ♦ Being a Great Coach for Winning Players ♦ Utilizing Auction Rate Securities ♦ When the State Comes Knocking: What to State Budget Update Expect From the EDD, BoE, SCO, and PERS ♦ Risk Management in Finance: Who Cares? Audit ♦ A New Finance Director's Focus ♦ Update on Check 21 Changes and the Impact on ♦ Nah, That Couldn't Happen to Us! Rooting Out the Banking Industry Fraud ♦ Proposition 218 for Dummies (and a Refresher on ♦ Finding Value in Public Investment Portfolios in Possible Revenues for the Rest of Us) the Current Market Aft ♦ Lessons Learned from IA: Growing a Grass ♦ Is it Time for a Managed Portfolio? Roots Effort ♦ Securitizing Your Economic Deficits ♦ Cash Management and the Expanding ♦ Help Me, Mr. Wizard! Advanced Excel and Technology Frontier Other MS Office Tricks ♦ Do's and Don't from A Recruiter's Perspective ♦ Using Press Releases to Your Advantage: Press ♦ So, What Happened? Accounting and Auditing Relationships and Press Releases Review ♦ Writing Press Releases and Other Handy Tips ♦ Update on PERS Issues ♦ To ERP or Not to ERP: Is it Right for Your City. ♦ Perspectives on the Silicon Valley Economy ♦ Assessment District Bond Financing Case Study ♦ E-Government: The State of Digital. Government ♦ Statements, Technical Issues, and Projects: ♦ Standing on Ethics Check in with GASB ♦ The Good, The Bad, and The Ugly: Telling the Interperiod Story l7[1m1 niV-1[II,yft L3 The Hyatt Regency San. Francisco Airport is located just 2 miles south of San Francisco Int'l Airport; just 15 miles south of downtown San Francisco. ♦ Heated outdoor pool & jacuzzi ♦ Direct dial telephone w/ 2 lines, dataport, voicemail, ♦ Complimentary fitness center with free weights, Life- message light cycles, treadmills and Stairmaster fitness equipment ♦ Video messages, video check-out, video account ♦ Bayside jogging and bicycling path review ♦ Knuckles Historical Sports Bar featuring 27" TV's ♦ Individual climate control /Electronic door locks and pool table ♦ Full bath amenities available ♦ 2 miles —18 hole San Mateo Municipal Golf Course ♦ Turndown available upon request ♦ 8 miles — 18 hole championship golf course at Crystal Springs Golf Club ♦ Free shuttle to BART rapid transit for easy trip to San Francisco ♦ TV remote control, cable movie channels, in -room pay movies ♦ Iron, ironing board/Hairdryer ♦ AM/FM alarm clock/Coffee Maker ♦ Weekday newspaper delivery ♦ Business Plan Rooms with printer/copy/fax machine ♦ 1 mile to Burlingame Golf Center Driving Range ♦ Free Burlingame Shopping Shuttle 99 /�V rG� L;� �7Gl 1►V�is[ViE iE�'Vi rise 40 Single/Double Room Rate., Hotel Reservation Deadline: $145 plus tax (currently 10%) plus an applicable January 22, 2005 tourism assessment fee of $2 00 per room per night that will be added to each individual guest room's folio. Hyatt Regency San Francisco Airport Phone: 800/233-1234 Address: 1333 Bayshore Highway Burlingame, CA 94010 Conference and Hotel Parking: Parking for hotel guests is normally $1.5 per day; our conference rate is $13 per day with in & out privileges. The garage is covered and secured and is right next to the hotel. Parking on the 4th floor provides direct access to the hotel. The same rate applies to day parking. Valet parking is available for $20 per day with in & out privi- leges. I «G 7 L. CC , V1]ill[ ! (i/l �i►� 7t. 1 VNiN We are bringing all of the ambience, the character, the music, and the tastes of San Francisco and the Bay Area to the Hyatt Regency Burlingame for our Gala Banquet, "The Streets of San Francisco." You will experience all the tastes of San Francisco from Fisherman's Wharf for wonderful seafood to North Beach for great Italian to Chinatown with exotic Dim Sum to the Mission District for some spicy Mexican fla- vors. And, what would a San Francisco event be with- out Ghiradelli Square? All without leaving the hotel! You will be entertained by the local San Francisco ambassadors of fun, BIG BANG BEAT. They aren't just a band, but a party on stage! And, they will be sure to get our party started and keep it going! BIG BANG BEAT is a 12 piece review featuring the favorites of the 60's Motown sound and the fabulous funk of the 70's through to dance hits from the 80's and 90's. They are lead by four dazzling female singers decked out in sequined mini dresses, plus a crack horn section, a precision choreographed stage show, and a zany, non-stop energy that since 1986 has made this highly acclaimed band a virtual fixture at clubs, conven- tions, fund-raisers and corporate and private parties throughout the USA, and now increasingly around the globe. The critics have called BIG BANG BEAT a "surre- alistic soul sensation," and "a band that can transform a soul classic like Jr. Walker and the All Stars' 'Shotgun' into a near religious experience." Corporate event pro- ducers have called the group "The very best party band in America, bar none. On a scale from 1 to 10...a 12." Nine of the members of the band are veterans of the ZASU PITTS MEMORIALORCHESTRA. The new- comers to the group are superior musicians who have played with the likes of SANTANA, THE TUBES, and SYLVESTER BIG BANG BEAT is a frequent headliner at clubs throughout California and Nevada. They are regularly flown by private clients to sites as far away as Switzerland, Hawaii, Malaysia, Canary Islands, Istanbul, Acapulco, and the Caribbean. 100 8 / 1Nf i'� f 1I i��l.� - ���,�� s►� irk sr�tii►� a !t av� sa � 1 01 E Tuesd 8:15 a Registration Fee. is $75 and includes Green Fee,, Cara Fee, and Lunch. Deadline for registration is January 28, 2005. Cancellations must be received 30 days prior for a full refund Tourney is limited to first 72 registrants. -lade., 2005 b. -In, Shotgun Start s 9:00 a.m. ayable to "2005 1 Conference." gtition and Payment to: ;Tim Seufert c Government Solutions Market Street, Suite 901 n Francisco, CA 94102 m.stions? Contact Stan Arend at nds@samtrans.com or Tim ifert at tseufert@nbsgov.com Fee: $75 per person Please make checks payable to "2005 CSMFO Name Annual Conference" and mail with detached reg- istration form to: City/Agency/Firm Tim Seufert NBS Local Government Solutions 870 Market Street, Suite 901 Address San Francisco, CA 9 102 City ate Zip Phone Fax=mail Aid Bess 1 Handicap NCGA/SCGA/USA #�lease, fair ma with th' . following .q-b ert if`possa : e: � Player One FCity/AgencrlFirtn j Player Two I enC l/Finn Player Three D005. �? � �� a�7�rY�r' bN'f/t V►# � � � s � �/"� R'R avi �a V i AIRLINE TRANSPORTATION AIRPORT TRANSPORTATION American Airlines is offering a 5% discount on their San Francisco Airport lowest fare when you book your flight into San The Hyatt Regency San Francisco Airport offers a Francisco, Oakland or San Jose using the CSMFO complimentary shuttle from San Francisco Airport to the Identifier Code #7825AP. They are also offering 10% off Hotel. The shuttle runs every 10-15 minutes and you do their Premium fares using the same identifier code. You not need a reservation. Their operating hours are from may book your flight by calling 800/433-1790. 4:40 a.m. thru 12:00 a.m. If you need an airport shuttle Other airlines that fly into the Bay area are Jet Blue in their off hours, just contact either the Hotel Front Desk and Southwest Airlines. or the Bell Desk. jet Blue Although they offer no conference discounts, you can obtain a fare by calling 800/538-2583. Jet Blue flies between Long Beach and Oakland only. They also offer a $6 discount when you book online at JetBlue.com. Southwest Although Southwest does not offer a conference rate, they fly from San Diego, LAX, Ontario, John Wayne or Burbank airports to San Jose or Oakland. They do not offer flights into San Francisco. To check their fares call 800/435-9792 or log on to Southwest.com. San Jose or Oakland Airport From San Jose or Oakland, the most economical way to get to The Hyatt Regency is to rent a car. San Franc�si�u a�t�# nyameAreas... Areas For those of you who want to explore your sur- roundings, there are a couple of options — going into San :Francisco or Downtown :Burlingame. To get to San Francisco there are two choices besides a rental car for getting into town. The first is by taxicab. This will cost approximately $50 each way — more if traffic is heavy. The other means of transportation is the BART system (public transportation). To use BART, you must first catch the airport shuttle from the hotel (this ride is approximately 10 minutes long) and then purchase your BART ticket for $4.95 each way from the vending machine (makes minimal change). Once you board the train, it is approximately 30 minutes into the city. You can pick from four different stops along Market Street. From there, you can pick up the MUNI (light rail) — price varies - or a Cable Car - $3 each way - to reach the destination of your choice, such as Ghiradelli Square, Fisherman's Wharf or a variety of shops and restaurants. The BART runs M-F from 4 a.m. — .12 a.m., Saturdays 6 a.m. — 12 a.m. and Sundays 8 a.m. — 12 a.m.. Your other option is the famous :Burlingame Avenue Shopping District. A good option considering the way into town is via a trolley that picks you up at the hotel and takes you into downtown Burlingame at NO charge. The trolley does stop at three other hotels along the way. While there, you can visit name brand stores such as The Gap, Pottery Barn, Ann Taylor, and more. There are also unique shops you won't .find at the local mall, along with a variety of restaurants. The ride is approximately 25 minutes and provides 2 stops — one on Broadway and one on Burlingame Avenue - (this was recommended by the hotel). The trolley runs from noon till 9:00 p.m. Sunday thru Thursday and noon till 11:00 p.m. Fridays and Saturdays. 103 11 CONFERENCE REGISTRATION FEES & DEADLINES $ 225 ...... Discount Registration (by 1/14/05) $ 275 ...... Regular Registration (after 1/14/05) After the February 2, 2005 deadline, registrants should fax a copy of the registration form to 916/658-8240 and remit payment on -site. Return registration form and registration fee payment to: CSMFO 2005 Annual Conference 1400 K Street, Suite 400 Sacramento, California 95814 (Postmarks are acceptable) Full Conference Registration fee includes all general sessions, materials, social events, and meal functions. Daily Conference Registration fee includes the gener- al session materials for the day and meal functions (breakfast and lunch, if scheduled). The Daily Registration does not include any social events such as the Welcome Reception and Dinner Gala. Please register as early as possible. Fees for additional persons to attend events are as listed on the registration form. Hotel rooms and conference space are available on a first -come, first -served basis. Payment must accompany the registration form. Please make check payable to: "CSMFO 2005 Annual Conference" Please note "Cancellation and Refund Policy" as indicated below. Registration forms postmarked after February 2, 2005 must pay the regular registration fee. Registration forms postmarked after February 2, 2005 may not include conference attendee give- aways. CONFIRMATION Conference Registrations submitted by January 14, 2005 will receive confirmation of your registration via e-mail at the address you provided on the registration. form. CANCELLATION AND REFUND POLICY Early registrants unable to attend may request a refund, less processing charge of $35 by submitting a written request to: CSMFO 2005 Annual Conference 1400 K Street, Suite 400 Sacramento, California 95814 No refund requests will be accepted after February 2, 2005. Substitute attendees will be accepted at any time. EXHIBITOR AND SPONSOR INFORMATION For Exhibitor and Sponsor information, please call the CSMFO Exhibition Hall Committee Chair, Susan Stark at 408/321-5595. SUGGESTED ATTIRE Attire is business casual. CONTINUING EDUCATION CREDIT Continuing Education Credit (CEC) will be granted for education sessions attended. CEC request forms will be available at each session. Certificates will be mailed following the event. SPECIAL ASSISTANCE CSMFO Staff will be glad to assist you with any spe- cial needs (i.e. physical, dietary, etc.). Please identify any special needs on your registration form. CONTACT INFORMATION Registration Information..... 916/658-8210 Conference Information ..... 951n8O-7997 ADDITIONAL INFORMATION Additional information is available on the CSMFO website at wwwcsmfo.org. Please use a separate form for each registration. Photocopies are acceptable. Confirmations will be sent via e-mail. NAME (LAST, FIRST) TITLE: ORGANIZATION: MAI LING ADDRESS: CITY; STATE: ZIP: TELEPHONE: FAX: E-MAIL: Wednesday Pre -Conference Training x $ 60 $ Full Conference Registration (includes all events, sessions, and meals) Government Discount Registration (by 1/14/05) $ 225 $ Regular Registration (after 1/14/05) $ 275 $ Commercial (Non-Exhibitor/Non-Sponsor) Discount Registration (by 1/14/05) $ 425 $ Regular Registration (after 1/14/05) $ 490 $ Daily Conference Registration:* O Wednesday O Thursday O Friday (Please check day(s) of attendance) `includes breakfast and lunch, if scheduled Daily Government Discount Registration (by 1/14/05) x $100 $ Regular Registration (after 1/14/05) x $ 135 $ Daily Commercial (Non-Exhibitor/Non-Sponsor) Discount Registration (by 1/14/05) x $ 200 $ Regular Registration (after 1/14/05) x $ 250 $ Spouse/Guest Events and/or Additional Meal Tickets Please list only if guest/spouse will be attending any of the below options. Spouse/Guest Name (Last, First): Full Conference Registration (includes all events, sessions, and meals) ................. x $ 225 $ Wednesday Box Lunch ...................................................... x $ 25 $ Wednesday Reception....................................................... x $ 35 $ Thursday Breakfast......................................................... x $ 25 $ Thursday Luncheon......................................................... x $ 30 $ Thursday Banquet.......................................................... x $ 75 $ Friday Breakfast............................................................ x $ 25 $ Friday Concluding Luncheon .................................................. x $ 30 $ TOTAL FEES $ Special Requests for Meals: ❑ Vegetarian ❑ Vegetarian for Spouse/Guest Payment Options: ❑ Check ❑ VISA ❑ MasterCard Account Number: Expires: Name on Card: Signature: Billina Address: Please make checks payable to CSMFO Annual Conference. Mail by February 2, 2006 to: CSMFO,1400 K Street, Suite 400, Sacramento, CA 96814. (postmarks are acceptable) After February 2, 2005, registrants should fax a copy of the registration form to 916/658-8240 and remit payment on -site. Early registrants unable to attend may request a refund, less a processing charge of $35 by submitting a written request to the same address by February 2, 2005. No refund requests will be accepted after February 2, 2005. Substitute attendees will be accepted at any time. CSMFO Registration Infonration Only: 916/658-8210 105 13 COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Approval- of a Professional Services Agreement to NAI Consulting for On -call Plan Check Services RECOMMENDATION: AGENDA CATEGORY. BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) to NAI Consulting for On -call Plan Check Services FISCAL IMPLICATIONS: None. Plan check fees are prepaid by development applicants. Currently, on -call plan check service fees collected by the City are equivalent to existing contract costs with Berryman & Henigar. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October 2003, proposals were solicited to expand the number of plan check consultants available to the Public Works/Engineering department. The culmination of that effort is the PSA to utilize NAI as a second source for the Public Works/Engineering Department plan check service. This project was delayed because of significant changes made during 2004 to improve plan check practices and standards within the Public Works/Engineering department. The Public Works/Engineering department preferred to delay the expansion of plan check service consultants until these improvements were in place and functional. The fee structure is identical to the current primary plan check .consultant fee. The primary plan check consultants with NAI will be Kris Schulze and Joe Gaugush. Mr. Schulze currently serves the City as a civil engineering consultant on Public Works capital improvement projects. Mr. Gaugush recently retired from the City of Palm Desert as the Director of Public Works. 10 6 The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Staff believes that there are numerous benefits to being able to rely upon more than a single firm for checking any given type of improvement plan or subdivision map, including reductions in turnaround time. As a result, the multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept should help the City maintain quality turnaround times in map and plan checking as the development workload fluctuates, and when occasional staffing changes occur in the consultant's office. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement to NAI Consulting for On -call Plan Check Services; or 2. Do not approve a Professional Services Agreement to NAI Consulting for On -call Plan Check Services; or 3. Provide staff with alternative direction. Respectfully submitted, imothy . J nas , P.E. Public Wo Dir or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 2 107 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. (NAI) ("Consultant"). The parties hereto agree as follows: 1.0. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to On Call Plan Check Services for Private Development Plans as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industryfor such services. 1.2 Compliance with Law. All "services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the. work to be performed, (b) it has invesfi ated the site of the work and fully acquainted itself with the conditions there existing, (c) it careful) considered how the e work should be performed, and (d) it fully understands the facilities, difficulties. and restrictions attending performance of ..the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until writtern instructions are received from the Contract Officer (as defined in Section 4.2 hereof. 15 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to fumish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. T:IPWDEPTISTAFAGOBLECONTRACTS SERVICE AGREEMENTSWAI PLAN CMCK.DOC Page 1 of 15 108 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special. Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Pavment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance- with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. T UVI) P NSTAFAGOBLECONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 2 of 15 1o9 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. . 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until December 31, 2005, with an option to extend the agreement for an additional one-year. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Kris Schulze, P.E. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written, approval of City. TAMI)EPTISWAGOBLEICONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 35 of 15 4.2 Contract Officer. The Contract Officer shall be Paul Goble, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition against Subcontracting or Assig, nment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at anytime or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 Cily Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. TAMDEPWTAFMOBLECONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 4615 1�1 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $306,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual.; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws._ Consultant. shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands,. losses, costs, and expenses, including legal costs and attomeys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by - --- Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. T:\PWDEPTISTAFAGOBLEICONTRACTS SERVICE AGREEMENTSINAI PLAN CHECK.DOC Page 5 of 15 7 112 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) .which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies; however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed. as limiting in any way the extent to which Consultant may be held responsible for payments. of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 .Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates TAMDEMSTAFAGOBLEICONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 6 of IS 8 113 Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications,' reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Courtof the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a -non defaulting. party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. TAMDEMSTAFMOBLECONTRACTS SERVICE AGREEMENTS\NM PLAN CHECK.DOC Page 7 of 15 114 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take overwork and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that TAMDEPI\STAFAGOBLE\CONTRACTS SERVICE AGREEMENTSINAI PLAN CHECK.DOC Pagel oof Is 115 applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to .the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: NAI CONSULTING, INC. Attention: Kris Schulze, P.E. 68-955 Adelina Road Cathedral City, California, 922.34 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: TAMDEMSTAFAGOBLE\CONTRACTS SERVICE AGREEMEWSWAI PLAN CHECK.DOC Pagelf 15 116 June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: NAI Consulting., Inc. Lloyd Itickerson, Jr., President 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5344 Date: Date: Date: / 2 " . .- v TAPWDEPWTAFF\GOBLE\CONTRACTS SERVICE AGREEMOMWAI PLAN CHECK.DOC Page 11115 117 Exhibit A Scope of Services Improvement plan' checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be.reviewed under the direct supervision of a California Registered Engineer. TAMDEPTISTAFMOBLE\CONTRAC"TS SERVICE AGREEME M NAI PLAN CHECK.DOC Page �1Y 15 118 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee": rate of $750.00 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Grading plans at 20 feet per inch scale or lower will be charged at $600.00 per sheet. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including tAQMP Dust Control Plans, Stone Water Pollution Prevention Plans and Traffic Reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1..6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check,100% of the plan check fee will be paid upon completion of the final plan check. TAMDEMSTAFAGOBLIr1CONTRACTS SERVICE AGREEME?M\NAI PLAN CHECK.DOC Page 12 of 15 14 119 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn Around (From Receipt from City Staffs 1" Plan Check 10 Working Days ' 2nd Plan Check 5 Working Days 3'd Plan Check 2 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the I" and 2nd plan check shall be provided, if necessary to complete.a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1# Submittal Upon completing the 1 " review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red Iinedn plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. ................ _ If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. T:IPWDEPIRSTAFFIGOBLE\CONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 13 of is 15 1�0 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be fumished to the City upon request. T:IPWDEMSTAFAGOBLEACONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK.DOC Page 14 of 15 121 16 Exhibit D Special Requirements None. 122 T:\PWDEPTISTAFFIGOBLEICONTRACTS SERVICE AGREEMENTSWAI PLAN CHECK DOC Page 115 of15 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 4, 2005 BUSINESS SESSION: ITEM TITLE: Consideration of Request for Appropriation CONSENT CALENDAR: from Palm Springs Desert Resorts Convention and STUDY SESSION: Visitors Authority PUBLIC HEARING: RECOMMENDATION: Appropriate funds from the General Fund Reserves in an amount not to exceed $3,500 for the City of La Quinta's proportionate share of the cost of signage at the Palm Springs International Airport, on Gene Autry Trail and Ramon Road, and at Gene Autry Trail and State Highway 1 1 1. FISCAL IMPLICATIONS: The total of the four signs will not exceed $20,000. The City of La Quinta will be invoiced its proportionate share based on the number of participating cities (including the City of Coachella). If all nine cities participate in the cost of the signs, the maximum cost to each city will not exceed $2,223. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Joint Powers Authority Executive Committee voted to ask the respective City Councils of. the member cities of the Palm Springs Desert Resorts Convention and Visitors Authority (PSDRCVA) to approve the funding of two signs at the Palm Springs International Airport, and two signs at the intersections of Gene Autry Trail and Ramon Road, and Gene Autry Trail and State Highway 1 1 1. The memorandum from Michael Fife, President of PSDRCVA, to the JPA Executive Committee, dated November 29, 2004, is included as Attachment 1, as are the sign specifications. 10'2)3 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate funds from the General Fund Reserves in an amount not to exceed $3,500 for the City of La Quinta's proportionate share of the cost of signage at the Palm Springs International Airport, on Gene Autry Trail and Ramon Road, and at Gene Autry Trail and State Highway 11 1; or 2. Do not appropriate funds from the General Fund Reserves in an amount not to exceed $ 3, 500 for the City of La Quinta's proportionate share of the cost of signage at the Palm Springs International Airport, on Gene Autry Trail and Ramon Road, and at Gene Autry Trail and State Highway 1 1 1; or 3. Provide staff with alternative direction. Respectfully submitted, Terry eeringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Memo from Michael Fife, dated November 29, 2004 169W4 2 ......................................................................................................................................................................................................................... ATTACHMINT ... I ....... �i�. Sp�cr�.gS l�esPxt `�� CONVENTION AND VISITORS AUTHORITY MEMORANDUM TO: JPAEYFCU11VE CMBUTTEE TECliMCAL ADVISORY COMMITTEE FROM: Nff a-IAEL E. FIFE, President DAM NOVERBER29,2004 SUBJECT: AIRPORT SIGNAGE UPDATE As a follow-up to the JPA Executive Committee meeting of November 16 this memorandum will confirm our understanding of the method of payment for the proposed signage at the Palm Springs - International Airport and the two intersections, Ramon Road and Gene Autry Trail and Gene Autry Trail and State Hghway 111. The JPA Executive Committee voted to take this request to their respective City Councils and ask their Councils to approve the funding of the two signs at the PSP and two signs on Gene Autry Trail The Committee agreed that the total cost would be proportionately divided among the member cities including the City of Coachella. It was announced that the Airport Commission had approved the inclusion of the City of Coachella on the signs if the City agreed to pay their proportionate share. The cost for the two signs on the grounds of the Palm Springs International Airport is $5,000 each for a total of $ 10,000. The cost of the two signs on Gene Autry and Ramon Road and Highway 111 will not exceed $5,000 each, but a final price has not been received. The total crjst of thcr four signs will not exceed $20,000.- Your city will. be invoiced its proportionate share based on the number of participating cities. if all nine cities 'participate in the cost of the signs, the maximum cost to each city will not exceed $2,223. Enclosed are specifications and the copy of the two signs to be placed at the Airport (Coachella to be added)*. Similar copy will be on the two signs on Gene Autry but the signs will be smaller in size. Please let us know if you have any questions. NIEF/tm Serving the Desert esort Communities of Riverside County Enclosures r) -Cathedral City e Desert Hot Springs * Indian Wells * Indio 9 La Quinta 9 j. Palm Desert e Palm Springs 9 Rancho Mirage 4. 5 ...................................................................................................................................................................................................................................................................... 70-100 Highway 111 * Rancho Mirage, CA 92270 .9 TF: 800-967-3767 e T: 760-770-9000 9 F: 760-770-9001 e palmspringsusa.com 3 Washington, DC Sales Office e 515 King Street, Suite 315 e Alexandria, VA 22314 e T: 703-549-8026 e F: 703-519-7579 .................................................................... 7 ........................................................................................... ......................................................................................................................... Z [Fn "n A n m v 55 m z a r _y G) N m D C z rn v fit� w rat i f 126 N ► d. N Z G) D n m v m r _N 4i 2 m m A C M m 0 74r 3'-7' 2 —72 W 3 314' 6' 3' 314' 1 % �a K S ga j Nil M YQR Z N m 127 12g 6 `t v a 129 COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Considerotion of City Council Reorganization RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the City Council select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 98-109 require that in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of May Pro Tempore shall automatically be reconsidered by the Council. t 130 Council Member Stanley Sniff was elected by the Council to serve a second consecutive term as Mayor Pro Tern on December 5, 2000. On December 7, 2004, when the results of the General Municipal Election were certified, the City Council voted to delay their selection of the Mayor Pro Tern and hold it concurrently with the reorganization of the Redevelopment Agency. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Mayor Pro Tern to serve a term as provided by Resolution 98-109; or 2. Provide staff with alternative direction. Respectfully submitted, III BIT M S�� -WO., �3y Approved for submission by: Thomas P. Genovese, City Manager 2 131 -�Qum 4 r6i INC OF COUNCIL/RDA MEETING DATE: January 4, 2005 AGENDA CATEGORY: BUSINESS SESSION: �3 CONSENT CALENDAR: ITEM TITLE: Consideration of City Council Standing Committee Appointments. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select representatives of the City Council to serve on various committees for the year 2005. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1, for Council's consideration, is a complete list of committees and the appointments that were made last year. 132 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for the year 2005; or 2. Do not select representatives of the City Council to serve on various committees for the year 2005; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. List of Existing City Council Committee Assignments. 133 Attachment 1 CITY OF LA QUINTA CITY COUNCIL APPOINTMENTS COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ANIMAL CAMPUS COMMISSION: Member: Terry Henderson, Council Member Alternate: Lee Osborne, Council Member Meets every other second Thursday at 9:30 a.m. EXECUTIVE COMMITTEE: Member: Don Adolph, Mayor Alternate: Stanley Sniff, Mayor Pro Tern Non -Voting Member: City Manager Meets last Monday of each month at 6:00 p.m. ENVIRONMENTAL AND ENERGY RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Lee Osborne, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12:00 p.m. HUMAN AND COMMUNITY RESOURCES COMMITTEE: Member: Alternate: Staff Support: Meets fourth Wednesday of PUBLIC SAFETY COMMITTEE Lee Osborne, Council Member Ron Perkins, Council Member Community Services Director month at 11:45 a.m. Member: Ron Perkins, Council Member Alternate: Terry Henderson, Council Member Staff Report: Building & Safety Dir. or Community Safety Mgr. 134 Meets third Monday of each TRANSPORTATION COMMIT Member: Alternate: Staff Support: Meets third Monday of each i at 10: 00 a.m. Ron Perkins, Council Member Terry Henderson, Mayor Pro Tern Public Works Director/City Engineer h at 12: 00 p.m. TECHNICAL ADVISORY COMMITTEE: Member: Meets second Friday of each TECHNICAL PLANNING SUB - City Manager at 10:00 a.m. MMITTEE: Member: Community Development Designee Alternate: Community Development Director Meets third Monday of each month at 8:30 a.m. TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Public Works Director/City Engineer Alternate: Senior Engineer Meets fourth Thursday of each Oonth at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Member: Community Development Director or Designee Alternate: Associate Planner Meets first Monday of each month at 1:30 p.m. CALIFORNIA I JOINT POWERS INSURANCE AUTHORITY: Member: Lee Osborne, Council Member (Appoiinted 117103) Alternate: Personnel/Risk Manager .r 13� i CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON: Member: Appointed by: Authorized by Council. Management Analyst City Manager October 1, 1996 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Don Adolph, Mayor (Rotated.• September 2004) Staff Support: Mark Weiss, Assistant City Manager Staff Support: Oscar Orci, Interim Community Development Dir. Staff Support: Maria Casillas, Management Analyst Meets every other month / Rotate after 3 consecutive meetings CIVIC CENTER ART PURCHASE COMMITTEE Members: Stanley Sniff, Mayor Pro Tern Don Adolph, Mayor Rotates Annually COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Don Adolph, Mayor Alternate: Lee Osborne, Council Member Staff Support: Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board Member: Term: Term Expires: Staff Support: Ron Perkins, Council Member Four (4) Years June 30, 2008 (Re -appointed.• 712196) (Re -appointed. 5/ 18100) (Re -appointed: 117103) (Re -appointed: 5/ 18104) City Manager Meets second Tuesday of each month at 7:00 p.m. 136 COACHELLA VALLEY MOUNTAINS CONSERVANCY Ex. Board Member: Stanley Sniff, Mayor Pro Tern Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets second Monday of every other month at 3:00 p.m. JACQUELINE COCHRAN REGIONAL AIRPORT Member: Lee Osborne, Council Member Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets last Wednesday of each month at 4:00 p.m. at Thermal Airport COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Council Member (Appointed. September 22, 2004) IMPERIAL IRRIGATION DISTRICT — POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No La Quinta Representative at Present Position appointed by LLD. Board - City may present a nomination when vacancy occurs LEAGUE OF CALIFORNIA CITIES — RIVERSIDE DIVISION Delegate: Terry Henderson, Council Member Alternate: Don Adolph, Mayor (Appointed.• December 16, 1997) (Reappointed.• January 7, 2003) (Reappointed.• January 6, 2004) LIBRARY SERVICE ZONE ADVISORY BOARD Member: Terry Henderson, Council Member (Appointed.• 1011196) Alternate: Don Adolph, Mayor (Appointed: 1011196) 137 PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY Ex. Board Member: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9:00 a.m, at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION LQ Representative: Nancy Doria (79-448 Calle Prospero /Appointed: 917104) Alternate: Michael Mastrogiuseppe (78-895 via Trieste / 9/7/04) 4-Year Term expires June 30, 2008 Meets the first & third Wednesday of each month at 8:00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Vacant Term: Two-year Term Expiration: February 1, 2006 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Council Member Commission Alternate: Don Adolph, Mayor (Both Appointed. January 7, 2003 /no expiration date) Meets second Wednesday of each month at 9:00 a.m. in Riverside SUNLINE TRANSIT AGENCY Board Member: Don Adolph, Mayor Alternate: Lee Osborne, Council Member Staff Support: City Manager Meets last Wednesday of each month at 12:00 p.m. 138 SCHOOL AD HOC COMMITTEE Member: Lee Osborne, Council Member Member: Stanley Sniff, Mayor Pro Tern BUSINESS SESSION ITEM: ORDINANCE NO. 412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 2.04.115 RELATING TO APPLICATION FOR WAIVER OF CITY APPEAL FEES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. 2.04.1 15 Waiver of appeal fees. A. The City Manager may waive the fee required for filing an appeal as set forth in Section 2.04.1 10 of this Chapter or in any other applicable city code section if the appellant meets the requirements of this section. B. The party seeking the fee waiver must be the real, and not nominal, party in interest, and shall not be granted a waiver if there are any interested parties financially capable of paying the fee. C. Subject to the limitations of subsection (B) of this section, waiver of the fee shall be granted by the City Manager if the applicant declares under penalty of perjury and the City Clerk determines that the applicant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and Institutions Code), or the Aid to Families with Dependent Children (AFDC) program (42 United States Code 601 through 644), or the Food Stamp program (7 United States Code 2011 through 2027) or Section 17000 of the Welfare and Institutions Code or the appellant declares under penalty of perjury that their monthly income is less than the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended. In order to be considered for the fee waiver, appellant must obtain from the City Manager and fully complete and submit an Application for Waiver of City Appeal Fees. The City Manager may require the appellant to furnish such financial information as the City Manager deems necessary to deem the application complete in order to make a decision. The decision of the City Manager on the fees waiver shall be final and conclusive and there shall be no appeal to a city body or official from said decision. 140 Ordinance No. 412 Title 2 Chapter 2.04 Municipal Code Amendment Establishing a Waiver Process / City Appeal Fees Adopted: January 4, 2005 Page 2 D. An appellant desiring waiver of an appeal fee shall submit a fully completed Application for Waiver of City Appeal Fees at the same time as the appeal is filed. Said appellant shall furnish within two working days, any additional information requested by the City Manager to substantiate the waiver request. If the information requested is not furnished within said two working days, the City Manager may deny the fee waiver request. After an appellant requests waiver of the appeal fee, the applicable dates or time periods for hearing the appeal shall be tolled until the City Manager decides the fee waiver request. SECTION 2. Any person who willfully provides the City Manager with false statements of material facts is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4" day of January, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 141 Ordinance No. 412 Title 2 Chapter 2.04 Municipal Code Amendment Establishing a Waiver Process / City Appeal Fees Adopted: January 4, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 142 Ordinance No. 412 Title 2 Chapter 2.04 Municipal Code Amendment Establishing a Waiver Process / City Appeal Fees Adopted: January 4, 2005 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 412 which was introduced at a regular meeting on the 21 st day of December, 2004, and was adopted at a regular meeting held on the 4t' day of January, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California 143 10:J1 dk J —f�� a �•F i—: � — vJ Vol OFT� COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Discussion Regarding Trail Issues in Connection with Travertine Project - Avenue 62 and Jefferson/Martinez Slide Area 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: This study session was scheduled at the request of the representatives of the owners of the approved Travertine Project, which is located south of Avenue 62, east of Monroe Street and west of the Jefferson Street alignment (Attachment 1). The request was the result of a joint meeting with the Bureau of Land Management ("BLM"), the U.S. Fish & Wildlife Service ("Service"), Travertine representatives, and City staff on November 29, 2004. The purpose of the meeting was to discuss certain issues that have surfaced during discussions between the BLM, the Service, and Travertine representatives relating to development issues. In 1995, the City Council approved Specific Plan 94-026, which covered the Travertine Project and Green Project Area (adjacent to the Quarry). In 1999, the Specific Plan was granted a time extension and was also amended to eliminate the Green Project Area. The proposed project would consist of residential units, tourist 144 commercial use, and a golf course. Prior to approving the Travertine Specific Plan, the City Council certified an Environmental Impact Report ("EIR") for the Project. The Travertine Specific Plan has two Conditions of Approval (No.'s 35 and 102) related to trails and public recreation opportunities; they state: "No. 35. The applicant shall provide a conservation easement that covers a minimum of 200-feet wide buffer at the toe of the slope of the Martinez Slide by reversing the golf course and reconfiguring the homes to the satisfaction of the Community Development Director. If appropriate, the Boo Hoff Trail could be routed through to add to the easement. This easement shall be reviewed and approved by the Community Development Director, prior recordation with the County Recorders Office." "No. 102. The developer shall submit to the Community Development Department a detailed conceptual plan for equestrian trail accommodation into the project. This plan shall include access, signage, and detailed design. This plan shall be approved prior to approval of any tentative tract for the project." In addition, mitigation measures in regard to trails and public recreation opportunities for the Travertine project require: (1) dedication of a multi -purpose trail easement within the Jefferson Street alignment for preservation of the Boo Hoff Trail (Mitigation Measure 3.1 1.3); (2) dedication of hiking and equestrian trails to connect to the City and County Trail system (Mitigation Measure 3.1 1.4); and (3) establishment of permanent public access to the Martinez Mountain Rockslide (Mitigation Measure 3.1 1.5). In connection with Travertine's efforts to obtain the necessary federal permits to develop its site, they are also in the process of completing consultation with the U.S. Fish & Wildlife Service ("Service") under the Federal Endangered Species Act. A portion of the Travertine site has been designated as Bighorn Sheep Habitat. The Service has expressed concern about any development which facilitates hikers, bikers, or equestrians gaining access to Section 5 - the Section directly to the west of the Travertine Project - or into the area to the south of Travertine above the Martinez Rockslide. The Service's stated rationale is the protection of Bighorn Sheep habitat. The Service contends that the recreational use of these areas interferes with the recovery of the Bighorn Sheep. Exhibit 3.10 to the City's General Plan identifies the proposed location of the City's Multi -purpose Trails (Attachment 2). Travertine representatives have requested this be realigned so that it avoids Sections 4 and 5 (Attachment 3). They suggest 2 145 that a trail be developed along the top of Dike #4. It would be accessed through Section 32 in conjunction with the multi -purpose trail being developed by the Coachella Valley Parks and Recreation District. Travertine representatives will provide mapping of the proposed modifications during the study session. Staff is looking for Council direction as to whether the City should be rerouting the trails in this area pursuant to the requests of Travertine and the Service. Staff is also looking for Council direction as to its desire to maintain public access to the Martinez Mountain Rockslide. The Rockslide area is owned by the BLM. Travertine's representatives and the Service would propose extremely limited public access. Travertine has proposed that parking for the access trail be provided west of Monroe Street and south of Avenue 64 on Federal land. However, the Martinez Mountain Rockslide is one of the key geological features of the National Monument. As part of the Outreach and Interpretation Strategy for Geologic Resources such as the Rockslide, the Proposed Management Plan for the National Monument recommends the development of interpretation such as guided walks and establishment of geologic points of interest by using signs or plaques at places where the feature may be viewed. It is anticipated that representatives of Travertine, the BLM, the Service, and Coachella Valley Parks and Recreation District would like to present information to the Council regarding these issues. The purpose of this study session is to provide them the opportunity to do so. In addition, members of the public have expressed interest regarding equestrian trails in this area. The owners of the Green property had also expressed interest and have been notified of this agenda item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Review the information provided in this report and provide staff with direction for future items of consideration with regard to the trail system and access to the Martinez Mountain Rockslide; or 2. Direct staff to obtain more information and report back to the City Council at a future date; or 3. Take no action pending any application to amend the Travertine Specific Plan; or 4. Provide staff with alternative direction. 3 146 Approved for submission, Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. General Plan Exhibit 3.10, Multi -Purpose Trails 3. Land Sections and the Travertine Project 4 147 )DIP; 's LOCATION MAP 4 9, 148 ■ &0) d a aI' '' Z °z ( I n �, III cc da M F_ffi i.ILWAUJ o WCc ro.' T. Q O J G o a c S s J. 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' • h f b•• r,n�h� L �, z • {' �i€� r.�x5 Y ;: i p .r4y S{�,� • i �} t ` ': i\ n'� jai � . t�'% R..+ �:�� ♦N t"e '�•�� � A, ' ��� ,. .�� \ , ^ .�• , / � phi e i-' � >f•�* W .,:._ •~, Section c�S t• ,, Sectit o '� -- �,� :r .j Avenue 62 k, 11 .+ t l t ti j (.••t •i •�',� • • ' •' ': Olk Ul •.•-�.:,� �_-�.� _ �,� •-=-�---==----►-- �•---•/•--�--�----- �---------_, Section Section41 )wl•f V Ira IR ►.� < �'�.� t\' 1 •�� ,/...�,.y•dU.''�• 'k�" y..':'ww-,`'• �.+4 - ;.: .1w�.�i•�'wq imow- -- - • y� a '? •- �•' r •� , •r • \ ✓ •-, ' t `,�� y�s'7l'ii � � � �.��yt��y'L '♦.��`R L"� ♦I� � '. . ' !. • 16 L •• #%stilt ` �- •� s'rS•.. '.I .-.81' ;' at:{"* . .- ..� �i,. • ••:. .•'!L•.'�! ': !� Land Sections and the Travertine Pro'ect, .. __ 6 -34-u & 11 ? 4well TRAVERTINE s sal Presentation For City Council Meeting January 4', 2005 at 3 p.m. Subject: Trails Prepared by Steven W. DeLateur, Esq. McDermott & DeLateur, LLP Travertine's main purpose today is to receive the Council's guidance on the issues of trails and access to the Martinez Mountain Rockslide. I would like to begin by laying out the different guidelines that apply to the trails and monument issues affecting Travertine. First, the City's General Plan provides for trails in Section 4 and Section 5, some of which are in or near sensitive Bighorn Sheep habitat. And, second, Travertine's Specific Plan requires three mitigation measures and two Conditions of Approval pertaining to trails prior to final map approval. These are spelled out in the Staff Report. The three mitigation measures are (1) dedication of a multi -purpose trail easement within the Jefferson Street alignment for preservation of the Boo Hoff Trail; (2) dedication of a hiking and equestrian trail along the Jefferson Street alignment which connects to the City and County trails system; and (3) establishment of access to the Martinez Mountain Rockslide, to be coordinated with BLM. The next set of applicable guidelines are BLM's Proposed Management Plan and CVAG's MSCHP Trails Plan. BLM's plan defers to the MSHCP as to placement and maintenance of trails generally, but provides guidelines to preserve the biological, cultural, recreational, geological, educational and scientific values found in the Martinez Mountain National Monument, including prohibiting motor vehicle access and restricting other recreational access. While the MSHCP does not have specific provisions that pertain to the trails on Travertine's property, the Plan's purpose is to protect the Bighorn Sheep in the Conservation Area, which includes the Travertine property.. The Trail Plan and proposed changes to the existing trails are to be determined, as we understand it. Finally, Travertine also has to take into consideration the goals of the Park District to keep the trails on BOR land, along Dike #4. As mentioned, the four issues for discussion today are the proposed rerouting of the General Plan Trail on Travertine to the top of Dike No. 4, a Jefferson Street Alignment Connector to the Boo Hoff Trail, access to the Martinez Mountain Rockslide and coordination with the various government agencies plans. Keeping the goals of each of these agencies in mind, we are proposing that the Boo Hoff trail be modified so that it runs along the top of Dike #4 and does not cross Section 4 or Section S. The Boo Hoff trail would then be accessed in Section 32 via the Park District's proposed trail along the top of Dike #4. Thus, connectivity with down -valley trails to the City and County trails system would be maintained. The reason this proposed solution sufficiently satisfies the City's requirement is twofold: (1) It maintains connectivity for City, County, and, specifically, Roo Hoff trail users; and (2) It is consistent with the Fish & Wildlife Service's desire to eliminate hiking and other activity in sensitive bighorn sheep habitat areas in Section 4, Section 5 and Section 32. Furthermore, to eliminate the crossing of Jefferson Street by trail users, which could otherwise pose safety concerns, we are proposing that a culvert be built under Jefferson Street for trail use. This culvert would not only solve the problem of dangerous cross -traffic over Jefferson Oa Street, but would eliminate the possibility of motor vehicle access of the trail and also serve a drainage and flood control function. The next issue, then, is access to the Martinez Mountain Rockslide. We suggest that BLM contract with licensed tour operators for guided tours during appropriate times of year, in consultation with the Fish & Wildlife Service and California Department of Fish & Game. This would allow for controlled access only to the Rockslide with no further hiking access to the surrounding hills, which is consistent with sheep conservation and Monument preservation efforts as well as protect the safety of the public in the Rockslide area. Visitors would hike from the Park District Trails Head at Jefferson Street and Avenue 60 to Avenue 64, then West to the Rockslide. This proposal, however, is conditioned upon BOR, BLM and Fish & Wildlife approval. Additionally, parking may not be advisable given the current lack of easement rights to build a ramp up and over the Dike, the absence of a place for a parking lot, except on BOR land west of the Dike, the total contradiction to Bighorn Sheep recovery goals and conservation efforts, as well as possible issues with sacred Indian Lands. In conclusion, I want to emphasize that Travertine's proposals are consistent with Bighorn Sheep recovery and conservation efforts, maintaining connectivity to existing trails, in particular the Boo Hoff trail, and allowing controlled access to the Martinez Rockslide for preservation of the National Monument. Again, our purpose today is to obtain some guidance from the Council on these issues. Thank you for your time and attention. 3 t, . _.. �,✓r - a ♦ —. , I., _ A VE 711 IN ft. OPT LLJ F p tM,4 . •• 1 � � i _ L tt i + _ .ts r � 5 8 TRH A V E N U E ��`. Liar ",r;F �`• �+ ',�` ''' _ "' ..r� 4t, — � ��$#. \ r iem `yLU S . �r a , T How V. N' eME '_, _ sir er 'a � i�-�_ . t ` �.•� �', � t� �a,�����\ „ v� �p�„Y`• _- - , " - � .. �� � �a� �/ ` a a. s r 1 EiZN`D AVE:IVUE w «► " < y: ,�..�. �. . � •� � ,a � .r ' �,' .. —, � .. x'f fi`4rT■M AVENUE ,�-s "•°'al.,�,o. ` mot,_ 96 It _ fir.+ v t i t13437-2oon?q Pn0 SA. `'"' - NJ 5, 31Y LL C 4 � r l R y � F•y tip.. ' ygyyt W � . R'. fir►.. W . 46 a f � r ; •°*r ti*MC REPORT/INFORMATIONAL ITEM: /& INVESTMENT ADVISORY BOARD Meeting November 10, 2004 1 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Lewis, Olander, Moulin, Mahfoud ' and Deniel ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA — Confirmed. .IV CONSENT CALENDAR A. Approval of Minutes of Meeting on October 13, 2004 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of October 13, 2004. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for October 2004 In response to Chairman Lewis, Mr. Falconer informed the Board that in the month of October in addition to the bond debt payment, an additional $3 million was paid out for SilverRock Resort and the Vista Dunes Mobile Home Park. Mr. Falconer also informed the Board that the scheduled date for the opening of SilverRock is the first part of January 2005. Board Member Deniel asked the Board if the construction of SilverRock Resort was on budget. Mr. Falconer replied that there have been some 151 Investment Advisory Board Minutes November 10, 2004 overruns in some of the construction and there have been additional requested funds from reserves with Council approval. Board Member Moulin commented to the Board on the rising interest rates on U.S. Treasury Bills reflected on page 5 of the Treasurer's Report. He also commented on the purchase of the $2 million and $10 million in the month of September and the impact of the yield from the three month extension. Board Member Moulin also commented on the six month bench mark on page 10 and whether or not the City is higher or lower than the LAIF yield. Mr. Moulin advised Staff that the LAIF amount for the month of September should read 1.771 %, which Staff concurred. It was clarified by the Board that on page 11 of the Treasurer's Report, the annualized earnings and LAIF rate was not an error in reporting. Board Member Mahfoud advised report, listed under the column amounts should also reflect a concurred. Staff on page 3 of the Treasurer's "All Funds Over (under), Securities minus dollar amount, which Staff MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for October 2004. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2004 Mr. Falconer commented to the Board that LAIF continues to rise with the yield curve. Mr. Falconer informed the. Board included in this month's report is the Treasury, Bill auction results for Boards review. Treasury Bills currently stand at 2%. Noted and Filed B. Pooled Money Investment Board Reports — August 2004 2 15-2 Investment Advisory Board Minutes November 10, 2004 Mr. Falconer informed the Board that at the previous months meeting and at the request of Board Member Olander, page 2 was included in the Pooled Money Investment Report. The information was obtained at the LAIF Conference. Noted and Filed C. LAIF Conference Materials Mr. Falconer summarized the October 27, 2004, LAIF Conference materials for the Board. Mr. Falconer went over the economic reports given at the conference which generally reflect interest rate increases, went over the future State budgets which will continue to be running in a deficit and went over the expanded use of asset backed commercial paper. General discussion and comments were made by the Board regarding some of the LAIF materials. Noted and Filed D. Meeting Minutes from September 28, 2004 Joint Meeting Board Member Deniel stated to the Board that upon listening to the taped minutes of the September 28, 2004 she didn't believe the typed minutes reflected the actual discussion that took place and did not feel there was any direction as to what step needs to be taken next. Board Member Deniel felt that the Board needs to discuss what steps should be taken next. Chairman Lewis asked Staff if Council approved the Investment Advisory Board's work plan. Mr. Falconer replied to the Board that the work plan was taken back for Council's approval. The work plan was approved and now the Board is authorized to work up a request for proposal and also the changes the ordinance. Board Member Deniel requested the following be listed in detail: 1. Not recommending hiring a money manager now, just have the 3 15�3 Investment Advisory Board Minutes November 10, 2004 infrastructure in place, in case it is needed. 2. Money manager would not manage all of the funds of the city, just a portion of the funds. 3. During some of the discussion the following seemed to be a concern: The. City Attorney felt that the Treasurer was ultimately responsible, and asked how the Treasurer could be completely and totally responsible. The Board was in disagreement with what the City Attorney had said. Board Member Deniel stated that both are right; the intent is that a City Treasurer does not abdicate his responsibilities completely. As an example, if the City Manager hired a contractor, he is not responsible for every thing he does, but he is responsible for exercising due diligence, the selection of the contractor and the continuation of overseeing the contractor to ensure that the contractor is pursuing the ultimate goals of the City. In the same role, the Treasurer would be directing and overseeing the outside money manager, overlooking what the investments look like, the terms and so on; to ensure the money manager is constantly operating within the frame work the City has established. This does not mean that the Treasurer is responsible if the market moves the wrong way, etc... Board Member Deniel stated to the Board that she felt there was a perceived disagreement between what the City Attorney was saying and what was understood by the Board. The Treasurer is in deed responsible, no different when a consultant is hired, just do not advocate your responsibilities, delegating part of it and retaining the ultimate responsibility. Mr. Falconer advised the Board that diligence is done with LAIF, by attending the conference, if Staff returns from the conference not in agreement on how things are being handled, than the portfolio is adjusted accordingly. Mr. Falconer commented that in essence LAIF is a money manager. Board Member 'Deniel stated to the Board that if an outside money manager is hired to manage part of the City's funds, the Treasurer is still responsible on what. the money manager is doing, the composition of the portfolio and the reporting from the money manager. 4 154 Investment Advisory Board Minutes November 10, 2004 4. Board Member Deniel believes that there is no longer a risk of what happened to the City in the past. A money manager has control of the assets and has limited power of attorney to invest in the way they see fit. So, in essence a money manger can incur a market loss; but, not misappropriate the funds, having a third party custodian eliminates this risk of misappropriation. Mr. Falconer advised the Board that there could be several different criteria and/or guidelines set in conjunction with the money manager; such as getting the Treasurer's consent before a trade is made or may have total discretion, these are items that would have to be worked out during the development of the Request for Proposal (RFP). Chairman Lewis stated to the Board that there are a number of issues that need to be looked at and addressed, for example; will the money manager follow the same buy and hold description that is currently in place with City funds or will they be allowed a more active style of management. There also needs to be recommendations to change the City Code allowing the hiring of a money manager. Mr. Falconer advised that this step needs to be in conjunction with the City Attorney. In response to Board Member Deniel, Mr. Falconer suggested that the Board begin to work on the RFP and working through the course of the RFP will give the Board an idea of what direction they are headed and once the direction is set a draft of the RFP can be given to the City Attorney. At that time, the Board can advise her that these are the items being looked at and how does the Board tailor these to fit within the City Ordinances and State Codes as she interprets them to be. Chairman Lewis asked if this was a hypothetical RFP for hiring a money manager. Mr. Falconer replied yes and that the RFP would be ready if the City decided to move forward with the hiring of a money manager. The RFP would have to be tailored to the City Ordinances so they are parallel with each other. Board Member Deniel asked the Board if the RFP was drafted before building into the policy of the City. Chairman Lewis clarified to the Board that the RFP of hiring a money manager will be created hypothetically, once the criteria is set than it can be compared against the city code and than any necessary changes to the city code will be made, once this is complete than the necessary changes to the Investment Policy will be completed. The goal of creating an RFP is to figure out what exactly the Board would require of a money manager. pl 15*5 Investment Advisory Board Minutes November 10, 2004 Board Member Moulin stated to the Board that he felt the title of RFP should be avoided at this time, it was agreed upon to be included in the work plan to enable it to happen. Chairman Lewis advised the Board again that the RFP would a hypothetical RFP. Board Member Deniel concurred with Board Member Moulin and felt at this time the Board should not refer to the RFP as such, at this time should be referred as a work plan. Board Member Moulin concurred with the comment made earlier by Board Member Deniel regarding the September 28, 2004 minutes, they felt the minutes did not reflect the tape and the substance of what occurred. Chairman Lewis advised the Board that the minutes received from the September 28" were more of a summary style versus a narrative style. Board Member Moulin advised the Board that he was misquoted on page 11, sixth paragraph. Board Member Moulin felt that the meeting minutes supported Council's position. General comments continued amongst the Board regarding the meeting minutes of September 28, 2004. Mr. Falconer advised the Board that if the City Council goes a step further and issues an RFP, the recommendation from Staff would be that a subcommittee is formed, members from the I.A.B. could serve on this subcommittee. Discussion ensued by the Board on some of the suggested criteria regarding the hiring of a money manager. Chairman Lewis suggested to the Board that this item be placed on next month's agenda as a business session item. for discussion. Mr. Falconer advised the Board that Mike Harrsion of Conrad and Associates will be at the next scheduled meeting. The Financials were received by Staff and will be presented to Council on November 16'. Chairman Lewis suggested to the Board that due to the scheduled visit by the auditor at the next scheduled meeting, the Board would have a brief business session item to review the work plan and draft a schedule for the items on the work plan and how the Board will approach them. Noted and Filed. 2 1P56 Investment Advisory Board Minutes VIII BOARD MEMBER ITEMS VI11 Adjournment November 10, 2004 MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:20 p.m. Motion carried unanimously. Sub ' ted by, Vianka Orrantia Secretary 7 157 DEPARTMENT REPORT: �' I CITY COUNCIUS UPCOMING EVENTS r JAN UARY 4 JAN UARY 18 FEBRUARY 1 FEBRUARY 15 MARCH 1 MARCH 15 MARCH 17-20 APRI L 5 APRIL 19 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QU I NTA ARTS FESTIVAL - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING l08 z January 2005 La Quinta City Council Monthly Planner 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 t New Years Day 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus 10:00 AM Pub. Sfty- Perkins Abate. -Perkins Henderson 12:00 PM Energy/ 12:00 PM Transp-Perkins 3:00 PM Mtns. Con -Sniff 7:00 PM Planning Commission 5:30 PM Investment Advisory Board Environ.-Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Henderson 7:00 PM Com. Serv. Comm. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- IV 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 23 24 25 26 27 28 29 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Conmission Osborne Henderson 081 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 3li �M ��I�I:.. December 04 6:00 PM Exec Cmte. j .I S M T W T F S Adolph e"E�`6 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 05 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 12/29/2004 1 9 February 2005 La Quinta City Council Monthly Planner Sunday [Tionday luesaay iniecine oag i r-itirs*a�T, r r i it- ar Od LU I �ii�„ �! !! ijl3 �# ��t� ��,�il!� i i 1 2 3 4 5 2:00 PM City Council Meeting 10:00 AM ALRC It. P! 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus Abate. -Perkins Henderson 12:00 PIVI Energy/ 7:00 PM Planning 5:30 PM Investment Environ.-Sniff Commission Advisory Board 7:00 PM Cultural Arts Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- f Commission Osborne Henderson 12:00 PM Sunline-Adolph President's Day 4:00 PM ORRA Airp- (CITY HALL CLOSED) Osborne 27 28 #,;i� i ii ii ,€I►►, I 6:00 PM Exec Cmte.- March Adolph• S M T W T F S S M T W T F S F S 4 5 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 1 2 9 10 11 12 13 14 15 13 14 15 16 17 18 19 1 9 16 17 18 19 20 21 22 23 24 25 26 27 28 29 20 21 22 23 24 25 26 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 12/29/2004 160 March 2005 La Quints City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday lilli` ��i( (! �il i ! f31'( ! (j I I` ;i(�i Il�if iI� € ! it 1 2 3 4 5 February 2:00 PM City Council 10:00 AM ALFIC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR S M T W T F S Meeting Ntl. Mnmt-Henderson 1 2 3 4 5 6 7 8 9 10 11 12 i f 13 14 15 16 17 18 19 i 1 20 21 22 23 24 25 26 27 28 Mill H ........... ....... 6 7 . 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus Abate. -Perkins Henderson 12:00 PM Energy/ 7:00 PM Planning 5:30 PM Investment Environs Sniff Commission Advisory Board 7:00 PM Cultural Arts Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins im 3:00 PM Mtns. Con -Sniff 6:00 PM League- St. Patrick's Day Henderson 7:00 PM Com. Serv. F La auinta Arts Festival Comm. 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- M Commission Osborne Henderson 12:00 PM Sunline-Adolph 1st Day of Spring 4:00 PM ORRA Airp- Osborne ILa Quinta Arts Festival 27 28 29 30 31 I I i, � € pom p, 6:00 PM Exec Cmte.- Aril Adolph S M T W T F S 1 2 3 4 5 6 7 8 9 Easter 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 I II Printed by Calendar Creator Plus on 12/29/2004 161 -�" A - '7 "14 f . Ilaj/0-0oS pj a v%,M Tric�a R)d a v. 44-205 via CDOrcm'aoto L-a C RLt ta, aA 92253 7&0/345-5075 J a Vu.0 ru 4, 2005 Dear La 06,6. vuta Citt COuwciL, we have L�ved iw " GZuiwta siwce 1�9-+ a wd Love it. Dwce we started a faK&UU, we Looleeol for a Larger howt.e inn, " 62ULwta. +-towever, over the tears we have beew burglarized awd 'W. the past :Lg wt.owths, it has gottew worse. we would L4ze to iwform tou about burgLaries to us: 15t house--72-45-- CaLLe seama (Ntowtero C-states Neighborhood) Cars brolzew iwto twice i99g, �999 House brolzevL iwto bt burglarjuLt, z99g 2" House via Coro"do (ua aREWta Det oro Neighborhood) Car stoLewJ uwe SO, 2003 Ca r stoLew NoveMber 10, 2004 Dvti, just vv'street—garages have beew brokzevi, iwto, cars talzew, wiwdows OK, cars swt.asheal avtd iteW.s taq.ev-, ay..d cars/trucl!zs brolzew 'Wto—itevws stoLew. ALSO, we have over 15 friewds/colleagues/weighbors who have had their cars brolzew iwto, homes brolzew iwto, a"/or cars stoLew just this past tear-2DD-4---iw t_-a Quivtta ! We would Lbze to asle ♦ What is the crime rate? ♦ Are cr'M&.' Kals prosecuted? ♦ should there be a police blotter baclz iw the paper? ♦ (wformatioo. ow Neighborhood Watch Programs? ♦ Are the Shea f f deputes spread too th'&w? We wa 0,t to vu,a lze t ou awa re o f this a wd believe that our sa fett 'W. La c�uiwta should be a prioritt Caw you please follow up with the sheriff's Departw�ewt? T>Lease malge this a prioritt avt.d if tou seed citizevLs to voLuwteer to coordiwate, please Let its 12wow. We wawt to leeep the criLme rate Low or vt,ovLex�stewt avud it is obvlou.s front our friev0s an-ol we%ghbors that it is g rowiwg. We wa wt La Qyciwta to be of safe cowl MVV. ,t tt ! If we caw be of a wt help, please dow't hesitate to let L s lzzwow. Th a ok t ou., Tnu,2 12.t a w QQm tn A-S O� r OF T'9 COUNCEURDA MEETING DATE: January 4, 2005 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions and Ordinance for: 1) Certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526; 2) Consideration of General Plan Amendment 2004-103 and Zone Change 2004-122, to Replace ± 159 Acres of Land Designated Very Low Density Residential With Low Density Residential Designation; 3) Griffin Ranch Specific Plan 2004-074, for Design Guidelines and Development Standards for 303 Residential Units; 4) Tentative Tract Map 32879, to Subdivide ± 199 Acres into 303 Residential Lots and Other Amenity Lots, for the Property Located along the South Side of Avenue 54, the East Side of Madison Street, the North Side of Avenue 55 Alignment, and ±'/4 Mile West of Monroe Street. Applicant: Transwest Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2004-526; Adopt a Resolution of the City Council approving General Plan Amendment 2004-103; Move to take up Ordinance No. by title and number only, and waive further reading. Move to introduce Ordinance No. on first reading,* approving Zone Change 2004-122, to revise certain portions of the La Quinta Zoning Map, from RVL to RL; Adopt a Resolution of the City Council approving Specific Plan 2004-074, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Tentative Tract Map 32879, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. 162 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site encompasses approximately 199 acres, and is currently partially developed with agricultural and equestrian land uses (Attachment 1). Lands on the west side of the property and in the southeastern quadrant of the site are vacant desert lands. A 40-acre single-family estate home and equestrian compound, not part of the site, exists north and central to the site, surrounded on three sides by the proposed project. The site is bounded on its north and west by Avenue 54 and Madison Street, respectively. Portions of the project site (about 40 acres) and lands to the east have been, or are in agriculture. Tamarisk tree rows border the west and north property lines, and also run along quartered section lines within the property. No riparian, wetland or other biological habitat was identified on the project site. Project Request The applicant proposes to subdivide the ± 199 acre site into a single-family subdivision of 303 residential lots (Attachment 2), which will include a 12-acre site for a community center and retention basin. To accomplish this, a Specific Plan (SP), General Plan Amendment (GPA) and Zone Change (ZC) have also been filed, requesting an amendment to the Circulation Element to designate Madison Street as a Primary Arterial, from the current Major Arterial designation, and a Zone Change on a 159-acre portion of the site, from Very Low Density Residential to Low Density Residential zoning. The applicant did not propose any land use changes as part of their General Plan Amendment request. The Specific Plan includes various development standards that will take precedence over the same standards in the underlying zoning. General Plan Amendment 2004-103 The proposed GPA involves ± 159 of the 199 acre site, and involves three amendments to the General Plan. Two of these are staff -recommended amendments. The first part of this action is a request to amend the Circulation Map for Madison Street between Avenue 54 and Avenue 58 (Attachment 3). Currently, that section of Madison Street is designated as a Major Arterial (six -lane, 120-foot right-of-way). The request is to re -designate this section to a Primary Arterial (four -lane, 100-foot right-of- way). The purpose of the request is to coordinate this project with existing area improvements, which were installed under the previous General Plan designation for Madison Street as a Primary Arterial. In addition, buildout and traffic volume assignments for the southeast area of the City are not as impacted as originally forecasted during the 2002 General Plan Update process. 2 163 The second is a staff -initiated amendment to one of the General Plan land use designations currently assigned to the site (Attachment 4). The existing land use designations assign Very Low Density Residential (VLDR, up to two units/acre) over ± 159 acres of the site, with the remaining ± 40 acres of the project area designated for Low Density Residential (LDR, up to four units/acre). Staff recommends the General Plan Amendment as proposed also include a land use change for the 40-acre LDR parcel to be designated as VLDR, consistent with the remainder of the site and surrounding area. This designation allows up to two units per acre, and would accommodate the overall project density of 1.52 units per acre. The third part involves a pedestrian/hiking trail designation, which runs easterly along the Avenue 55 alignment from Madison Street for one-half mile along the south project boundary (Attachment 5). Based on the current trail system provisions and development patterns in the area, it is recommended that this trail segment be deleted from the General Plan. Zone Change 2004-122 This application proposes to affix the Low Density Residential (RL) zoning district over the entire project area. The existing designations assign Very Low Density Residential (RVL) on ± 159 acres of the site, and Low Density Residential (LDR) on the remaining ± 40 acres of the project site. Specific Plan 2004-074 The proposed Specific Plan establishes general design guidelines, land uses and development standards, for a gated development that combines residential and recreational uses within the 199-acre site boundary. The following uses and amenities are proposed: • 303 single-family lots, from 11,000 to 40,000 square feet • Homes will range from 2,800 to 5,500 square feet • Private internal equestrian trails • 12-acre clubhouse site, with pool, two tennis courts, putting green, pond with fishing dock, horse pasture, event and retention areas The Specific Plan includes conceptual site designs and architectural elevations for several of these proposed uses. While they set forth a specific design theme and incorporate several detailed perspectives, these concepts should be considered as such and not interpreted to be precise pre -construction drawings. Tentative Tract Map 32879 The Tentative Tract Map application is to subdivide the ± 199 acre site into 303 single-family residential lots. The overall density of the project is 1.5 units per acre. The tract boundary forms a "U" shape around the existing Mery Griffin 40-acre estate �.l 3 164 property, which will remain. The Specific Plan is divided into groupings by lot size, with 12,000, 15,000, 20,000 and 40,000 square -foot minimum lot size areas. There are several smaller lots (between 11,000 and 12,000 square feet) located around the east perimeter of the site. The largest lots are located in the center of the project, oriented around the Mery Griffin estate property. There are three main access points for the project; two from Avenue 54, and one onto Madison Street. Street "A" is considered the main entry road, traversing the project from the Madison Street guardhouse access up to the eastern Avenue 54 access. Street "B" extends north from Street "A" up to the westerly Avenue 54 access point. Both Avenue 54 access points will be gated and unmanned. Most internal streets are a 41-foot right-of-way width, except where widened at project entries. Streets "DD", "EE", "I" and "K", which serve the larger custom lots that surround the Griffin estate property, will have a 29-foot right-of-way. Some of these streets accommodate a 15- foot wide multi -use trail easement; these trails generally run within and around the central and northern portions of the site, and connect with the required multi -purpose trails along the project frontage of Avenue 54 and Madison Street. Planning Commission Action The Planning Commission, at its December 14, 2004 meeting, recommended approval of the project applications. At the public hearing, testimony was given by the developer in regards to the project design and concept. No one else spoke on this item. The Hideaway submitted a letter to the Planning Commission dated November 5, 2004, citing their support for the project provided that their concerns as stated in that letter are addressed (Attachment 6). A letter was also received from Ms. Gayle Cady, a District 4 Trails Committee member with concerns about the extension of the subject pedestrian trail designation (Attachment 7). The minutes of the December 14, 2004 Planning Commission meeting are included as Attachment 8. Discussion focused on the following issues and concerns • General Plan Consistency - Staff clarified the issue of the pedestrian trail deletion, and the reduction of Madison Street from a Major to a Primary Arterial between Avenues 54 and 58. • Mery Griffin estate property and improvement timing, project access and internal circulation, Avenue 54 and Madison Street intersection improvements, reduction in private street widths and their design with regard to drainage. The Planning Commission recommended that the applicant be permitted to reduce their private street widths to the minimum as specified in the General Plan The Planning Commission made changes to certain conditions, based on discussion of the above topics. The changes relate to timing of Avenue 54 improvements and removal of the associated tamarisk trees, and reduced private street widths. The revised conditions are denoted by legislative text in the attached approval conditions. d 165 Staff has received a subsequent letter from The Hideaway, dated December 20, 2004, which asks for clarification on the removal of tamarisk trees along specific frontage of Avenue 54 (Attachment 9). Staff has spoken to Mr. John Gamlin regarding this issue and has clarified the timing of it. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2004-526; Adopt a Resolution of the City Council approving General Plan Amendment 2004-103; Move to take up Ordinance No. by title and number only, and waive further reading. Move to introduce Ordinance No. on first reading, approving Zone Change 2004-122, to revise certain portions of the La Quinta Zoning Map, from RVL to RL; Adopt a Resolution of the City Council approving Specific Plan 2004-074, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Tentative Tract Map 32879, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council, adopting a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-526; General Plan Amendment 2004-103, Zone Change 2004-122, and Tentative Tract 32879; or 3. Remand the requests back to the Planning Commission; or 4. Continue these items to a date specific; or 5. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager 166 Attachments: 1 . Location Map 2. SP 2004-074/TT31798 layout 3. General Plan Circulation Element excerpt, Madison Street 4. General Plan Land Use for project site 5. General Plan Pedestrian Hiking Trail designation along Avenue 55 6. Letter from The Hideaway, dated November 5, 2004 7. Letter from Gayle Cady, dated November 18, 2004 8. Minutes of the Planning Commission, December 14, 2004 9. Letter from The Hideaway, dated December 20, 2004 167 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2004-103, ZONE CHANGE 2004-122, SPECIFIC PLAN 2004-074 AND TENTATIVE TRACT MAP 32879 ENVIRONMENTAL ASSESSMENT 2004-526 TRANSWEST HOUSING WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of January, 2005, hold a duly -noticed Public Hearing, previously continued from the 7th day of December and 21 st day of December, 2004, to consider adoption of Environmental Assessment 2004-526, prepared for General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004-074 and Tentative Tract Map 32879 (hereinafter "Project"), located generally on the south side of Avenue 54, the east side of Madison Street, the north side of Avenue 55, to Y4 mile west of Monroe Street, more particularly described as follows: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T6S, R7E, S.B.B.M. RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of December, 2004 hold a duly noticed Public Hearing, previously continued from November 9, 2004 and November 23, 2004, to consider adoption of a recommendation on Environmental Assessment 2004-526, prepared for the proposed Project; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of December, 2004, adopt Planning Commission Resolution 2004-097, recommending to the City Council certification of Environmental Assessment 2004-526, prepared for the proposed Project; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director conducted an Initial Study (Environmental Assessment 2004-526) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be adopted; and, l PAReP orts - CC\01-04-05\Griffin Ranch\Resos&Ord\EA Reso 526.doc 168 City Council Resolution No. 2005- Environmental Assessment 2003-486 — Robert Selan Adopted: January 6, 2005 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following findings to adopt said Environmental Assessment: 1. The proposed applications 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 2004-526. 2. The proposed project 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. Development of the site has the potential to impact cultural and paleontologic resources. However, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 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. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project 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. The construction of 303 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. Revised traffic information shows that the area -wide circulation system, as amended under General Plan Amendment 2004-103, will provide adequate traffic volume capacity for this and other approved area projects. PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\EA Reso 526.doc 169 City Council Resolution No. 2005- Environmental Assessment 2003-486 — Robert Selan Adopted: January 6, 2005 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. The Coachella Valley is in a non -attainment area for PM 10, and development of the site will generate PM 10; however, several mitigation measures to reduce the potential impacts on air quality have been incorporated into project approval. The acoustical study analyzed for this project indicates that noise impacts will be addressed through mitigation measures, which will lower the potential for significant impacts to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2004-526 and said reflects the independent judgment of the City. 9. 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). 10. 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 constitute the findings of the City Council in this case; 2. That is does hereby adopt Environmental Assessment 2004-526 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of January, 2005, by the following vote, to wit: AYES: NOES: PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\EA Reso 53!6.doc 17 O City Council Resolution No. 2005- Environmental Assessment 2003-486 — Robert Selan Adopted: January 6, 2005 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California in 171 P:\Reports - CC\01-04-05\Griffin Ranch\Resos&Ord\EA Reso 5$6.doc Environmental Checklist Form 1. Project title: General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004-074, Tentative Tract Map 32879 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Wally Nesbit 760-777-7125 4. Project location: Southeast corner of Avenue 54 and Madison Street. APN: 767-320-001, 002, 004; 767-320-012 5. Project sponsors name and address: Transwest Housing 47-120 Dune Palms Road, Suite C La Quinta, CA 92253 6. General plan designation: Current: Very Low 7. Zoning: Current: Very Low Density Density Residential and Low Density Residential/Equestrian Overlay Residential Proposed: Low Density Residential Proposed: Low Density Residential 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 and Zone Change to modify the land use designation on the property from Very Low Density and Very Low Density/Equestrian Overlay, respectively, to Low Density Residential. These amendments affect a property of 199 acres. General Plan Amendment to modify the roadway classification of Madison Street from a Major Arterial to a Primary Arterial. Specific Plan to establish the design standards and guidelines for the development of a master planned community including 303 residential lots and open space areas. The Specific Plan includes standards and guidelines for architectural and landscape architectural themes, internal circulation and common area amenities. The Specific Plan is divided into groupings by lot size, with 12,000 square foot minimum lot size areas, 15,000 square foot minimum lot size areas, 20,000 square foot minimum lot size areas, and 40,000 square foot minimum lot size areas. Smaller lots are located around the perimeter of the site. The largest lots are located in the center. Tentative Tract Map to subdivide 199 acres into 303 single family residential lots, as well as lettered lots for a community clubhouse, streets, retention basins and three well sites. The project will also incorporate an internal equestrian/pedestrian trail system. 1 I 172 The proposed project is located at the southeastern corner of Madison Street and Avenue 54. One access point is proposed for Madison Street. Two access points are proposed from Avenue 54. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Avenue 54, Vacant, Single family residential (Low Density Residential and Golf Course Open Space) South: Single family residential and golf course (Low Density Residential and Golf Course open Space) West: Madison Street, Single family residential and golf course (Low Density Residential and Golf Course Open Space) East: Vacant, single family residential (Very Low Density Residential) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- 12 173 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 Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance 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 X 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 project proponent. 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" impact 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 EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature October 25, 2004 Date _3- � 13 1'7 4 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 referenced 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than 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 XVII, "Earlier Analyses," 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). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. 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. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures 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. 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. ii -4- -1 4 175 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a proj ect's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 15 511 176 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The project site is currently partially developed with agricultural and equestrian land uses. Lands on the west side of the property are vacant desert lands. Lands in the southeastern quadrant of the site are also vacant desert lands. A single family home and equestrian compound occur in the north -central portion of the site, and are not a part of the proposed project, although the proposed project will surround this property on three sides. Madison Street and Avenue 54 are designated Agrarian Image Corridors in the General Plan. As such, the project will be required to provide enhanced landscaped parkways along both streets to meet the standard of this designation. The proposed Specific Plan includes a 12 foot parkway on both Madison Street and Avenue 54, and a 20 foot multi -use easement immediately adjacent to the right of way. These areas will be designed to include multi- use trails along both streets. The proposed project will include single family homes of up to two stories in height. The size of the lots (from 12,000 to 40,000 square feet) and the limitation of single story development within 150 feet of either Madison Street or Avenue 54 will limit the potential aesthetic impacts associated with the project. The residential, low intensity character of the project, and the enhanced parkway and trails provided on the perimeter of the site, will serve to limit visual impacts associated with the project site. The overall impacts associated with development of the site are expected to be less than significant. There are no rock outcroppings or other significant resources on the site. Impacts associated with scenic resources are expected to be insignificant. -6- lI7 7 The construction of the proposed project will cause an increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Further, residential lighting is generally limited, and of low intensity. Impacts will not be significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro' ect. a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The project site is located adjacent to single family residential development and golf course on the west and south. Portions of the project site (about 40 acres) and lands to the east have been or are in agriculture. The site is located in a rapidly urbanizing area of the City, and is not currently under Williamson Act contract. The loss of the 40 acres of agricultural use within the project site will not be significant. The proposed project will not prevent the continued use in agriculture of lands to the east. However, in the long term, this area of the City is expected to develop according to the General Plan land use designations assigned to the property, and to build out in residential developments of varying sizes. The loss of 40 acres of agricultural land is not considered to be significant. 17 178 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook, Project Study) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook, Project Study) c) Result in a cumulatively considerable X 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, 2002 PM 10 Plan for the Coachella Valley, Project Study) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Project Study) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) An air quality analysis was prepared for the proposed project'. The analysis found that the proposed project will not exceed any SCAQMD thresholds of significance for operational and source emissions at project buildout. The study did find, however, that the project has the potential to significantly impact air quality during project grading and construction activities. It is estimated that construction and grading activities could result in thresholds being exceeded for reactive organic gases and nitrogen oxides. The study also included carbon monoxide hot spot analysis, which found that project buildout would not result in hot spots. Finally, the study includes a number of mitigation measures to lower the potential impacts of the proposed project, as summarized below: "Griffin Ranch Specific Plan and Vesting Tentative Map 32879 Air Quality and Noise Impact Study," prepared by Endo Engineering, September 2004. p -8- 179 1. A Fugitive Dust Control Management Plan shall be prepared and submitted to the City Engineer for review and approval prior to the issuance of grading permits. 2. The project proponent shall comply with all SCAQMD Rules, including but not limited to rules 403, 1108 and 1108.1, and 1113. 3. Grading activities shall be limited to 13 acres per day to the greatest extent possible. 4. Earth moving activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 5. Portions of the site being graded shall be watered so that a crust will form on the ground surface, and watered at the end of each day. 6. All construction roads should be watered, paved as soon as possible and cleaned at the end of each work day. 7. Landscaping shall be installed as soon as possible after the completion of grading activities. 8. Construction operations on Avenue 54 and Madison Street shall occur only during off-peak hours. 9. Architectural coatings shall not be applied when asphalt paving or other high- VOC emissions are occurring on site. 10. The use of precoated building materials, natural materials, water based coatings, high efficiency coating equipment and skilled workers shall be used to the greatest extent possible to limit ROC emissions during the construction process. Implementation of these mitigation measures will ensure that impacts associated with air quality are mitigated to a less than significant level. III. d) & e) The project is not expected to generate objectionable odors, nor will it expose residents to concentrations of pollutants. 19 -9- 180 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X 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 ("Biological Assessment..." James Cornett, August 2004) b) Have a substantial adverse effect on any X 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? ("Biological Assessment..." James Comett, August 2004) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("Biological Assessment..." James Cornett, August 2004) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Biological Assessment..." James Cornett, August 2004) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance ("Biological Assessment..." James Cornett, August 2004) f) Conflict with the provisions of an -10- adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ("Biological Assessment..." James Cornett, August 2004) IV. a)-f) A biology study was prepared for the proposed project2. The study included the entire property, with a particular focus on the northwestern and southeastern portions of the site, which are undisturbed desert lands. No listed species were found on the project site. Surveys for desert tortoise and burrowing owl were negative. The Palm Springs ground squirrel was trapped in the northwestern quadrant of the site. No riparian or wetland habitat was identified on the project site. The study further found that the site does not occur within the fee boundary of the Coachella Valley Fringed -toed Lizard Habitat Conservation Plan, and that no fee is therefore required. Impacts associated with biological resources are expected to be less than significant. 2 "Biological Assessment and Impact Analysis of the proposed Griffin Ranch," prepared by James W. Cornett, August 2004. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) V. a)-b) & d) Both Phase I and Phase II cultural resources studies were completed for the proposed project site3. The study identified and recorded six potentially significant cultural resource sites within the project area, CA-RIV-7521 through —7526. These sites consist of ceramic scatters and groundstone fragments which require further evaluation in order to determine whether they are significant. In order to determine their potential significance, a testing program was developed and implemented. This program involved the re -surveying, mapping and collection of materials at the recorded sites. The laboratory analysis for these recovered materials is not yet complete, however, the archaeologist believes that the six sites' potential significance has been mitigated by the collection of materials, and the analysis being performed on them now. The potential impacts associated with the cultural resources at the site have therefore been mitigated to less than significant levels. The following conditions were adopted by the Historic Preservation Commission, and shall be incorporated into the project approval: 1. Local tribes shall be contacted in writing for comments prior to issuance of the first grubbing, earth -moving or grading permit. The applicant shall provide the Community Development Department with all written responses received within 3 "Historical/Archaeological Resources Survey Report Griffin Ranch Project," prepared by CRM Tech, September 2004; and "Archaeological Testing and Mitigation at Griffin Ranch," prepared by CRM Tech, October 2004. 22 -12- 183 one month prior to issuance of any grading permit. One Native American monitor shall be required should the tribes request it. 2. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological and paleontological monitors. Proof of retention of monitors shall be submitted to the City prior to issuance of the first earth -moving or clearing permit. 3. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first production home permit for the project. 4. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 5. Results of the final artifact analysis and site interpretation shall be submitted to the Community Development Department for review by the Historic Preservation Commission prior to issuance of the first grading, clearing or grubbing permit. V. c) The proposed project site lies within the General Plan's mapped boundary for ancient Lake Cahuilla. In order to assure that potential impacts associated with paleontologic resources are mitigated, the following mitigation measure shall be implemented: 1. A paleontologic resource survey shall be conducted on the project site prior to the initiation of any ground disturbance. The study shall be conducted in conformance with the City's standards for such a study, and shall be submitted for review and approval. With the implementation of this mitigation measure, potential impacts associated with paleontologic resources will be mitigated to a less than significant level. Ow -13- 184 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X 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? ("Geotechnical Investigation," Sladden Engineering, August 2004) ii) Strong seismic ground shaking? X ("Geotechnical Investigation," Sladden Engineering, August 2004) iii) Seismic -related ground failure, X including liquefaction? ("Geotechnical Investigation," Sladden Engineering, August 2004) iv) Landslides? ("Geotechnical Investigation," X Sladden Engineering, August 2004) b) Result in substantial soil erosion or X the loss of topsoil? ("Geotechnical Investigation," Sladden Engineering, August 2004) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property ("Geotechnical Investigation," Sladden Engineering, August 2004) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ("Geotechnical Investigation," Sladden Engineering, August 2004) 24 -14- 185 VI. a)-e) A geotechnical analysis was completed for the project site4. The study found that the project site is not located within an Alquist-Priolo earthquake study zone. The study also found that development of a residential project on the project site is feasible, with the implementation of standards already in place at the City. The study included borings, which did not encounter water at a depth of up to 50 feet, indicating that the site is not subject to liquefaction. The site is not located adjacent to rock outcroppings or hillsides, and is therefore not subject to landslides or rock fall. The site is not located on expansive soils. The single family units on the project site will be connected to CVWD sewer systems, and will therefore not require septic tanks. Overall impacts to geology and soils are expected to be less than significant. 4 "Geotechnical Investigation Proposed Griffin Ranch Residential Development," prepared by Sladden Engineering, August 2004. 25 -15- 186 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (General Plan MEA, p. 95 ff.) e) For a project located within an airport X 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 X 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 X physically interfere with an adopted c., v -16- 187 emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed development of single family homes will not create a significant impact on or from hazardous materials. The City's solid waste contractor implements household hazardous waste programs which assure that such materials are disposed in a safe manner. No impacts are expected. 7 -17- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X 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 (e.g., the production rate of pre-existing nearby wells would drop to level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X 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 p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance -18- 189 Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede 'or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use in the offices, and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and constructionprovisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. The applicant is proposing a series of open space/retention areas on the project site which will be used to retain storm water in the event of a storm. The hydrologic and hydraulic calculations associated with this system will be approved by the City Engineer prior to the approval of grading permits for the 'project site. These existing City standards will assure that the proposed project will meet the City's requirements for flood control. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. -19- 29 190 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X 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 purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project site is currently vacant, and its development will not divide an established community. The proposed project includes a General Plan Amendment and change of zone from Very Low Density Residential (0-2 units per acre) to Low Density Residential (0-4 units per acre) on approximately 159 acres of the property (the southwestern ± 40 acres of the site is currently designated Low Density Residential). The project site is surrounded on two sides by existing Low Density Residential development. Scattered Low Density Residential development also occurs east of the project site. Approved Low Density projects will be constructed to the north of the project site. Staff has recommended that the proposed General Plan Amendment and Change of Zone be revised to designate the entire project site as Very Low Density Residential. The proposed project associated with the General Plan Amendment and Zone Change will generate only 303 residential units, less than could be constructed under the Very Low Density Residential category, even when applied to the entire site (i.e. 199 acres, 398 units). Therefore, the land use impacts associated with the General Plan Amendment and Zone Change are expected to be insignificant. The project site is outside the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. -20- 191 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. 31. -21- 192 92 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Air Quality and Noise Impact Study," Endo Engineering, September, 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Air Quality and Noise Impact Study," Endo Engineering, September, 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Air Quality and Noise Impact Study," Endo Engineering, September, 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Air Quality and Noise Impact Study," Endo Engineering, September, 2004) e) For a project located within an airport X 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? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) -22- 32 193 XI. a)-f) A noise impact analysis was conducted for the proposed projects. The study analysed the potential noise impacts associated with the development of the project site, both on the project site, and to neighboring lands. The study found that the development of the project will result in both short term (construction) and long term (operational) noise impacts which could be significant without mitigation. In particular, the study found that the noise levels associated with vehicular traffic adjacent to the project site have the potential to exceed the City's standards for residential land uses without mitigation on both Madison and Avenue 54. On Madison Street, the noise level without mitigation is expected to exceed 75 bBA CNEL, while on Avenue 54 the noise level is expected to exceed 65 dBA CNEL. In addition, the project will generate noise associated with construction on the project site which will exceed City standards for a short period of time. In order to assure that the potential impacts associated with noise are adequately mitigated, the study recommends several mitigation measures, which are summarized below. 1. Construction on the project site shall occur only during the hours prescribed by the La Quinta Municipal Code. 2. All construction equipment shall be properly maintained and mufflered, and the engines shall be equipped with shrouds. 3. Stockpiling and staging areas, as well as servicing and fueling of equipment, shall be located as far away from existing residential structures as possible. 4. A six foot wall on a one foot berm shall be constructed on Madison Street. A six foot wall shall be constructed on Avenue 54. Both walls shall be of solid construction, without breaks or openings. 5. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the wall requirements are sufficient to meet the City's standards. With implementation of these mitigation measures, impacts associated with noise are expected to be less than significant. The site is not located adjacent to an airport or air strip. 5 "Griffin Ranch Specific Plan and Vesting Tentative Map Air Quality and Noise Impact Study," Endo Engineering, September, 2004 33 -23- 194 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X 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, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The existing General Plan land use designations for the site have the potential to allow up to 478 single family homes on the project site, resulting in up to 1,200 persons on the site. The development of the proposed project has the potential to generate up to 303 single family homes, 62% fewer than permitted under the current Very Low and Low Density Residential land use designations on the property. Given the project goals and design, staff has recommended that the General Plan amendment be modified, to designate Very Low Density Residential over the entire site. The project proposal will generate 303 lots, with a maximum population of about 758 persons. Even with the entire site at Very Low Density Residential, the project itself would remain 237 persons and 95 units less than the maximum population potential under that land use designation. While the specific plan provides development standards to govern the project as designed, they are based on a combination of Low Density and Very Low Density standards. Allowing the zoning as proposed at Low Density Residential would not affect the project as currently designed, and would allow greater flexibility in housing and lot design. It would also encourage a greater amount of open space in a subsequent development in the event this project does not build out and the specific plan is revised. The site is currently vacant and will not displace any population. Impacts associated with the proposed project are expected to be less than significant. 34 -24- 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. PUBLIC SERVICES 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, p. 57) x Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, x p. 46 ff.) XIII. a)Buildout of the site will have a less than significant impact On public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax and sales tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits to reduce the impacts to those services. CV Unified has requested a bus turnout on Avenue 54 based on Sunline Transit standards, but no such turnout has been requested by Sunline. The City will require that the developer work with both Sunline Transit and CV Unified School District in siting an appropriate turnout and incorporating it into improvement plans for Avenue 54. The project will provide some on -site recreational facilities, and will also be required to pay the City's park fees for development of off -site park facilities. 35 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project will include on site recreational spaces/retention areas, and will also contribute park fees for off site park development. No impacts are expected. A pedestrian/hiking trail is identified in the City's General Plan on the Avenue 55 alignment, running east from Madison Street, one-half mile along the south project boundary. At present this trail does not lead to any planned or existing park or other public facility, nor is it usable within the existing improvements for the area. The City has provided for multi -purpose trail designations utilizing the entire one -mile grid street pattern. As Avenue 55 is not planned, either on the Circulation Element or as a local street, it is recommended that this segment be removed from the General Plan as part of the General Plan Amendment for this project. 36 -26- 197 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X 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)? ("Traffic Impact Study," Endo Engineering, September 2004) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Traffic Impact Study," Endo Engineering, September 2004) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tract Map 32879) e) Result in inadequate emergency X access? (Tract Map 32879) f) Result in inadequate parking capacity? X (Tract Map 32879) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) 37 -27- 198 XV. a)-g) A traffic Impact Analysis was prepared for the proposed project 6. The study analysed both project traffic, and the portion of the requested General Plan Amendment to reduce the street classification of Madison Street from a Major Arterial to a Primary Arterial. The study found that the proposed project will generate approximately 2,900 average daily trips (ADT), of which 223 would be during the morning peak hour, and 292 during the evening peak hour. The study also found that with development of the project site, and surrounding development, studied intersections will operate within the City's established levels of service. In order to assure that project impacts are adequately mitigated, the study includes several mitigation measures, which are summarized below. 1. Madison and Avenue 54 shall be improved to their buildout half -width with development of the proposed project. 2. A Class H bikeway and golf cart path shall be located on Madison and Avenue 54. 3. A left turn pocket shall be constructed in the median on Madison Street at the project entry to allow for deceleration. 4. Lane geometrics shall be as shown on Exhibit 5.1 of the traffic study. 5. The project proponent shall contribute their fair share to signalization of Jefferson Street and Avenue 54, Madison Street and Avenue 54 and Monroe Street and Avenue 54. The proposed project includes a General Plan Amendment which will reduce the road classification, and associated cross-section for Madison Street from its current Major Arterial (6 lanes, divided), to a Primary Arterial (4 lanes, divided). The potential impacts associated with this General Plan were studied in a traffic analysis performed separately from the above -referenced project analysis. The focus of the analysis was to determine whether Madison Street had been "over -designed" in the General Plan, and whether the 6 lanes were necessary to accommodate existing plus projected traffic at buildout of the General Plan, given the development which has occurred in this area of the City. The analysis found that the approved projects in this area, which are under construction, will generate 22,560 fewer daily trips than that analyzed in the General Plan. The analysis further found that approximately 50% of these trips will travel on Madison Street. Therefore, the potential trips on Madison Street will be reduced from the General Plan assumption of 41,300-43,700 (depending on location) to 30,020 to 32,420 (also depending on location). The capacity of a 6 lane divided roadway is 57,000 daily trips, while the capacity of a 4 lane divided roadway is 38,000 daily trips. Since the actual development affecting Madison Street will reduce the trip generation to 32,420 or less, the Primary Arterial classification and cross section are acceptable to carry the buildout traffic, and the proposed General Plan Amendment will have less than significant impacts on traffic and circulation at General Plan buildout. 6 "Griffin Ranch Specific Plan and Vesting Tentative Map 32879 Traffic Impact Study," prepared by Endo Engineering, September 2004 7 Letter report, dated November 12, 2004, by Endo Engineering, titled "Evaluation of the Madison Street Planned Classification." -2838 - 199 The project does not include inadequate parking or unsafe designs. The site is located within the service area of SunLine Transit, and can be served by it. With implementation of these mitigation measures, overall impacts to traffic are expected to be reduced to a less than significant level. -29- 200 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the providers existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -30- XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. -31- 4 1 202 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X 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 X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X 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 projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact cultural and paleontologic resources. The mitigation measures included in this Initial Study, however, will reduce these potential impacts to less than significant levels. XVII. b) The proposed project will provide a variety of housing types to future City residents, consistent with the General Plan's goals and policies. -32- 2 203 XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts, since it will reduce the total number of units from the currently allowed 398 to 303. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality, noise and traffic impacts. Mitigation measures provided in this report reduce these potential impacts to less than significant levels. XVIII. EARLIER ANALYSES. 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 15063(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. Not applicable. 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. Not applicable. 43 -33- 204 ►� O :b cd N � 0 M ? � � � O U U o N U o o o O O N o N � a p H � " O A z a OwV � a� N � M � oaf U 00 � � M U N N v , � ,��•� � N N an � in � 3 o Z U U o z� z a V H � a H A U pq �A a� O� UU � a a COO r;, 0 Cd io n J.5 b A A a O t7 � � � Cd a dr bo bio a U U UA m GA z Cd �o o o� c� con F,y >, ,o 'd •b 0o N 3 b pqcn ' a o �c en Cd o Cd CO c U C7 � v1 -0 a Cn Z c 205 Ew-+ A U p�q �A a� O� UU o U � U d4 � F Cd b) b) to o A a a A bo GQa VA z O 0 O c E,4 W cis 0 o F y°yyyy� to 0 ~ ice.. 5 d cd F A U p�q �WA ax �WV OV H o .. 0 .. 0 C •U •U U U U F U U U to o 0 A A A a b rn F � Cto to A4 d d b co b pq GQ pq U A P4 4° z O co b� r N to cn Cd o � • c �� p �O v � ^' OCA c b �,-4 ° C� o„ 3 COO 40 �c 3 °�' O U 45 2C6 A U � �A a� O� VV 0 � Uw U � U O A A A A PLO w� A z0.0 4�p s c �. A o A ao A oA q o E� V1 ' dCd U 4-4 W O Cd r L'y �O O pp Cd Cd V O cd 'b V 3 �� )� 'D O ice+ U U O O t/� i--4 b4 U pq Q Cd cad U ►-a �i U C4 U 46 207 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT, REVISING THE LA QUINTA GENERAL PLAN LAND USE MAP OF THE LAND USE ELEMENT, THE CITY ROADWAY CLASSIFICATIONS MAP OF THE CIRCULATION ELEMENT, AND THE MULTI- PURPOSE TRAILS MAP OF THE CIRCULATION ELEMENT CASE NO: GENERAL PLAN AMENDMENT 2004-103 APPLICANT: TRANSWEST HOUSING WHEREAS, the City Council of the City of La Quinta, California, did, on the 41h day of January, 2005, hold a duly -noticed Public Hearing, continued from the 7" day of December and 21" day of December, 2004, to consider General Plan Amendment 2004-103, a request by Transwest Housing for a General Plan Amendment to: 1) amend the La Quinta General Plan Land Use Map of the Land Use Element, designating ± 40 acres from Low Density Residential to Very Low Density Residential; 2) amend Exhibit 3.5 of the La Quinta General Plan Circulation Element, designating Madison Street from a Major Arterial to a Primary Arterial, for the segment between Avenue 54 and Avenue 58; and 3) amend Exhibit 3.10 of the La Quinta General Plan Circulation Element, eliminating a one-half mile segment of pedestrian hiking trail along the Avenue 55 alignment. Said amendments are being proposed in consideration of a 303-lot residential development project on property located generally on the south side of Avenue 54, the east side of Madison Street, the north side of Avenue 55, to 1/4 mile west of Monroe Street, more particularly described as:: PORTIONS OF THE NORTH % OF SECTION 15, T6S, R7E, S.B.B.M. RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of December, 2004, hold a duly -noticed Public Hearing, continued from 9th day of November and 23`d day of November, 2004, to consider adoption of a recommendation on General Plan Amendment 2004-103; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of December, 2004, adopt Planning Commission Resolution 2004-098, recommending to the La Quinta City Council approval of General Plan Amendment 2004-103; and, 4'7 208 City Council Resolution No. 2005- General Plan Amendment 2004-103 Transwest Housing Adopted: January 4, 2005 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 approval of said General Plan Amendment: LAND USE ELEMENT: LAND USE MAP 1. The new land use designation of Very Low Density Residential is suitable and appropriate for the property involved, due to the low density character of the proposed development, and the remaining existing Very Low Density Residential designations for the project site and the surrounding vacant lands. 2. The new land use designation of Very Low Density Residential is compatible with other similar designations within the City. The development density of 1.52 units/acre is comparable to that in the La Quinta Polo Estates, located approximately one mile to the northwest. 3. The proposed General Plan Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land use does not exceed standards contained in the General Plan. 4. The proposed General Plan Amendment is within an area that will be provided with adequate utilities and public services to ensure public health and safety. 5. The General Plan Amendment is warranted since there has been a change in development patterns in the general vicinity since the current designation was made. The land use designation was revised from Very Low Density Residential to Low Density Residential on June 4, 1996 for 40 acres at the southwest corner of the site. Development approvals since that time in this area have incorporated reduced densities, consistent with the traffic study evidence submitted in support of this General Plan Amendment as it pertains to the Circulation Element revision for Madison Street. CIRCULATION ELEMENT: ROADWAY CLASSIFICATION MAP 1. The proposed General Plan Amendment is consistent with the goals and policies of the Circulation Element, in that a revised traffic and circulation study prepared for this Amendment has shown that a reduction from a Major 48 209 S:\City Clerk\Resolutions\TT 32751 GPA Reso.doc City Council Resolution No. 2005- General Plan Amendment 2004-103 Transwest Housing Adopted: January 4, 2005 Arterial to Primary Arterial standard for Madison Street, between Avenue 54 and Avenue 58, is warranted and appropriate. 2. The proposed General Plan Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting Primary Arterial designation will be required to meet the Circulation Element standards as contained in the General Plan. Development of Madison Street as a Primary Arterial will be provided with adequate utilities and public services to ensure public health and safety. 3. The General Plan Amendment is warranted since there has been a change in development patterns in the general vicinity since the current designation was made. Development approvals over time in this area have incorporated reduced densities since approval of the current General Plan in 2002, consistent with the traffic study evidence submitted in support of this General Plan Amendment as it pertains to the Circulation Element revision for Madison Street. CIRCULATION ELEMENT: MULTI -PURPOSE TRAILS MAP 1. The General Plan Amendment for removal of the Avenue 55 pedestrian trail alignment is compatible with other similar designations within the City. All pedestrian and multi -purpose trails are located on the one square -mile street grid pattern in the southeast portion of the City, with no half -mile spacings or unconnected trails. 2. The proposed General Plan Amendment will not create conditions materially detrimental to the public health, safety, and welfare, in that the Avenue 55 pedestrian trail alignment does not serve an existing or planned Arterial route, consistent with the trails system outlined in Exhibit 3.10 of the General Plan. 3. The General Plan Amendment is warranted since there has been a change in development patterns in the general vicinity since the current designation was made. The existing trail alignment is developed along its entire extent by the north perimeter wall of the Norman Course. The trail does not lead to any planned or existing park or other public facility, nor is it usable within the existing improvements for the area. The City has provided for multi -purpose trail designations utilizing the entire one -mile grid street pattern. Avenue 55 has been vacated and is not planned on the Circulation Element or as a local street. 210 S:\City Clerk\Resolutions\TT 32751 GPA Reso.doc City Council Resolution No. 2005- General Plan Amendment 2004-103 Transwest Housing Adopted: January 4, 2005 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 grant approval of the above -described General Plan Amendment request for the reasons set forth in this Resolution, and as illustrated in the attached Exhibits A, B and C. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 4th day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California '50 SACity Clerk\Resolutions\TT 32751 GPA Reso.doc 211 � W 9 VP Art" L I 0 O N z 0 0 U) W o� 0 r qq- O Co N F- z W 0 z W Q I 1 Z F- z W W J W z 0 U oc U W W CD z 0 U) 0 Q ri 15 cr W Q Q cr a. 0 0 Q m f--- m x W A& >; L Lo S 52 213 T aerni GENERAL PLAN AMENDMENT 2004-103I RESOLUTION 2005 - ,EXHIBIT C CIRCULATION ELEMENT MULTI -PURPOSE TRAILS MAP REMOVE AVE 55 HIKING TRAIL Mf 1 rE #� A 53RD Avim�yq LJ TRA11- FROM • �' .° /A v r-- AIRPORT BLVD . --- - 1 W. . -. EXHIBIT 3.10 MULTI-PURPOSE TRAILS JOE�. Class I Bicycle Trails b! 101 0 a A -a a (Exclusive Bicycle/Pedestrian Lane) Class II Bicycle Trails (On Road Bicycle Lane) - i i a � •wwwwwwww Class III Bicycle Trails (Shared Facilities) Multi -Purpose 'Nails r x` J Pedestrian/Hiking Trails ►` �<•� .,,. ': tee•^y��-?e�F s-_ .x?�'' . , � �Yu"'P' s a, '�r isxY43� -.. A'ry .�s. .'YtYY> R J .: v•. r:L -K kiL. ..,- �..63.:__ ... � 5. ^:+►a.... %Sn. �'iWLri i 53 i r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55, TO Y4 MILE WEST OF MONROE STREET ZONE CHANGE 2004-122 APPLICANT: TRANSWEST HOUSING WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141h day of December, 2004, hold a duly -noticed Public Hearing, continued from the 91h day of November and 23d day of November, 2004, to consider a recommendation on Zone Change 2004-122; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2004-122 by adoption of Planning Commission Resolution 2004-099; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4" day of January, 2005, hold a duly -noticed Public Hearing, continued from the 7" day of December and 21 " day of December, 2004, to consider the recommendation of the La Quinta Planning Commission on Zone Change 2004- 122; 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 Initial Study (EA 2004-526); and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be adopted; and, WHEREAS, at a public meeting held on 41h day of January, 2005, said City Council did affirm the Planning Commission findings regarding the referenced case, and further, did find the following facts to justify approval of Zone Change 2004-122: 1. This Zone Change is consistent with the General Plan, in that the proposed Zone Change will allow increased variation in housing opportunities, 15 consistent with goals as stated in the General Plan. 54 Ordinance No. Zone Change 2004-122 Adopted: January 4, 2005 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the subject site is served with adequate utilities, public services and access to properly support the requested development. 3. The Zone Change is compatible with the zoning on adjacent properties, in that the proposed change from Very Low Density Residential (VLDR) to Low Density Residential (LDR) is a comparable and consistent zoning with surrounding RL zoned lands, which are being developed with low density country club uses. The RL zoning will serve to implement the project as currently designed, and would allow greater flexibility in housing and lot design. 4. Approval of the Zone Change is warranted, as the general circumstances around development of the property have changed since the existing zoning was imposed. The property has been zoned for Very Low Density Residential since its annexation in 1991, with a 40 acre portion rezoned to RL on June 4, 1996. While the proposed development density is in the Very Low Density range, the RL zoning is more suitable for the project to accommodate lot sizes and frontage widths, and will allow more diversity in design should the project not go forward. The present housing market conditions, as evidenced by the proposed project, dictate that the site is now suitable for residential development supported by this zoning designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Very Low Density Residential to Low Density Residential, at the northwest corner of Avenue 52 and Jefferson Street. Property is illustrated in Exhibit "A" attached hereto, and more specifically described as follows: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T67S R7E, S.B.B.M. RIVERSIDE COUNTY SECTION 2. ENVIRONMENTAL: Zone Change 2004-122 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 Director has determined that, although Zone Change 2004-122 could have a significant effect on the 4. 55 Ordinance No. Zone Change 2004-122 Adopted: January 4, 2005 environment, there will not be a significant effect in this case, and that a Mitigated Negative Declaration of Environmental Impact should be adopted. 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 4tn day of January, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE•JENSON, City Attorney 5(�17 Ordinance No. Zone Change 2004-122 Adopted: January 4, 2005 City of La Quinta, California 508 N N !► w rs. ii w ! i LLI LLJ C/ / w cn Z p ., yl do . Am > Ym CD RIC ILL RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A SPECIFIC PLAN TO ALLOW 303 SINGLE-FAMILY LOTS ON A ± 199 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. CASE NO: SPECIFIC PLAN 2004-074 APPLICANT: TRANSWEST HOUSING WHEREAS, the City Council of the City of La Quinta; California, did, on the 4th day of January, 2005, hold a duly -noticed Public Hearing, continued from the 7th day of December and 21 " day of December, 2004, to consider a request by Transwest Housing for approval of development principles and design guidelines for a Specific Plan to allow a 303 lot single-family subdivision on a ± 199 acre site, generally located on the south side of Avenue 54, the east side of Madison Street, the north side of Avenue 55, to '/4 mile west of Monroe Street, more particularly described as: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T6S, R7E, S.B.B.M. RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of December, 2004, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Specific Plan 2004-074; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of December, 2004, adopt Planning Commission Resolution 2004-100, recommending to the City Council approval of Specific Plan 2004-074; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2004-526), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for adoption; and, 59 420 PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\SP Reso.doc City Council Resolution No. 2005- Specific Plan 2004-074 Transwest Housing Adopted: January 5, 2005 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 pursuant to Section 9.240.010 of the Zoning Code to justify granting approval of said Specific Plan: 1. Consistency with the General Plan: The proposed Specific Plan is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Very Low Density Residential (VLDR) Land Use designation, as applied to the property under General Plan Amendment 2004-103. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that this issue was considered in Environmental Assessment 2004-526, and no significant health or safety impacts were identified for the proposed project. 3. Land Use Compatibility: The proposed Specific Plan is compatible in terms of surrounding land uses, in that other residential projects are being developed in the immediate area of the subject land, as lower density country clubs. The proposed project will be a private gated community, and incorporates a rural design theme and equestrian accommodation in an area that is considered transitional between Low and Very Low Density rural, agrarian and equestrian uses. The VLDR designation provides for an appropriate transitional land use. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property, in that it is located in an area considered Low and Very Low density country club communities, transitioning to equestrian and agricultural uses to the east. The project provides a transition between urban low density uses and more rural, residential/equestrian or agricultural uses. The Specific Plan can be served without adverse impact by all necessary public services and utilities. 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 Specific Plan; f0 "'1 11C. PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\SP Reso.doc City Council Resolution No. 2005- Specific Plan 2004-074 Transwest Housing Adopted: January 5, 2005 2. That it does hereby grant approval of Specific Plan 2004-074 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto as Exhibit A; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California f 1. Z 4`2 PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\SP Reso.doc CITY COUNCIL RESOLUTION 2005- EXHIBIT „A„ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2004-074 GRIFFIN RANCH — TRANSWEST HOUSING JANUARY 4, 2005 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 2004-074 (SP 2004-074) shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2004-074, these conditions shall take precedence. 2. 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 or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be made in a revised document to ensure consistency. All other applicable conditions of approval for Tentative Tract Map 32879, and any subsequent amendment(s), shall be incorporated into the revised text for SP 2004-074 as appendices. The project proponent shall submit five (5) copies of the amended Specific Plan documents within 30 days of City Council approval of the Specific Plan, or issuance of a grading permit, whichever occurs later. 4. SP 2004-074 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2004-526 • Tentative Tract Map 32879 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement 3 sz PAReports - CC\01-04-05\Griffin Ranch\coa\coaccsp074.rtf 1 City Council Resolution 2005- Conditions of Approval - Recommended Specific Plan 2004-074 — Transwest Housing January 4, 2005 to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. The general criteria set forth on Page 32 of the Specific Plan document shall be applied as a guideline. 6. The Specific Plan document for SP 2004-074 (Griffin Ranch), dated October 7, 2004, shall be revised in conformance with the following: A. The conditions of approval for SP 2004-074 and TT 32879 shall be incorporated into the specific plan document as appendices. B. Page 2 shall be amended to include a discussion of the nature and extent of site plan, architectural and landscape concepts illustrated in the plan, essentially conveying that, although they set forth a specific design theme and incorporate several detailed perspectives, the concepts should be considered as such and not interpreted as more precise pre -construction drawings. C. Page 5 shall include the land use and zoning actions taken to allow approval of the Specific Plan. D. Change Madison Avenue to Madison Street where referenced in the document (e.g. pages 17, 21). E. Page 17 - Phasing Plan, revise the statement to indicate the extent of the frontage improvements and to reflect that the developer will be responsible for off -site improvements as conditioned in the approval for Tentative Tract 32879. F. Page 31 - Project Perimeter Walls - Include discussion of acoustical analysis requirements and applicable approval condition for sound attenuation walls. Open view wall designs, such as those illustrated in Exhibit 29, may not be adequate to achieve sound attenuation recommended in the acoustic analysis. A final acoustical report shall be required at the time of perimeter wall building permit submittal to verify that sound attenuation will be achieved with the ultimate wall designs. 2 24 PAReports - CC\01-04-05\Griffin Ranch\coa\coaccsp074.rtf City Council Resolution 2005- Conditions of Approval - Recommended Specific Plan 2004-074 - Transwest Housing January 4, 2005 G. Master Plant Palette, Page 42 - Remove the Bottle Tree and Chilean Mesquite species from the master list. The Phoenix Robeleni (Pygmy Date Palm) is under quarantine and may be used only if supplied from a local nursery. Include an approval of the master plant list from the Riverside County Agricultural Commissioner's office as part of the plant listing in the revised Specific Plan document. 3 64 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccsp074.rtf 225 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 32879, DIVIDING ± 199.0 ACRES INTO 303 SINGLE-FAMILY LOTS CASE NO. TENTATIVE TRACT MAP 32879 APPLICANT: TRANSWEST HOUSING WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of January, 2005, hold a duly -noticed Public Hearing, continued from the 7th day of December and 21" day of December, 2004, to consider a request by Transwest Housing for approval to subdivide ± 199.0 acres into 303 single-family residential lots, one ± 11 acre recreation lot, three well sites and other common lots, located generally on the south side of Avenue 54, the east side of Madison Street, the north side of Avenue 55, to Y4 mile west of Monroe Street, more particularly described as: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T6S, R7E, S.B.B.M RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of December, 2004, hold a duly -noticed Public Hearing, continued from 9th day of November and 23rd day of November, 2004, to consider a recommendation on Tentative Tract Map 32879; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of December, 2004, adopt Planning Commission Resolution 2004-101, recommending to the City Council approval of said Tentative Tract 32879; and, WHEREAS, said Tentative Tract Map application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2004-526), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for adoption; 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 grant approval of said Tentative Tract Map 32879: 65 226 P:\Reports - CC\01-04-05\Griffin Ranch\Resos&Ord\TT Reso.doc City Council Resolution No. 2005- Tentative Tract 32879 — Transwest Housing Adopted: January 4, 2005 Page 4 1. The proposed Tentative Tract Map 32879 is consistent with the City's General Plan, as amended, with the implementation of Conditions of Approval to provide for adequate storm water drainage, street improvements and other infrastructure improvements. The project is consistent with the adopted Very Low Density Residential land use designation of up to two dwelling units per acre, as set forth in the General Plan as amended by General Plan Amendment 2004-103. 2. The design and improvements of the proposed Tentative Tract Map 32879 are .consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, and timing of their construction. 3. As conditioned, the design of Tentative Tract Map 32879 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 4. The design of Tentative Tract Map 32879 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2004-526, in which no significant health or safety impacts were identified for the proposed project. 5. The site for Tentative Tract 32879 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. 6. The proposed site for Tentative Tract 32879 is surrounded by unimproved land which is not under control of the applicant, and is not proposed for development at this time. Provisions have been made for procuring the necessary right-of-way and construction of off -site improvements associated with this parcel, as required under the La Quinta General Plan 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 Tentative Tract Map 32879; 66 PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\TT Reso.doc 2 - City Council Resolution No. 2005- Tentative Tract 32879 — Transwest Housing Adopted: January 4, 2005 Page 4 3. That it does hereby grant approval of Tentative Tract Map 32879, for the reasons set forth in this Resolution and subject to the Conditions of Approval, attached hereto as Exhibit A. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4th day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 67 PAReports - CC\01-04-05\Griffin Ranch\Resos&Ord\TT Reso.doc 228 CITY COUNCIL RESOLUTION 2005- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32879 - TRANSWEST HOUSING JANUARY 4, 2005 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 Specific Plan. 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 Specific Plan 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 any 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 • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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. P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 1 2 42 9 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI9, prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 230 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 2 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 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 offer for dedication on the Final Map all public 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. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Madison Street (Primary Arterial per GPA 2004-103, 1 10' ROW) - The standard 55 feet from the centerline of Madison Street for a total 1 10- foot ultimate developed right of way except an additional right of way dedication at the Madison Street and Avenue 54 intersection measured 76 feet east of the centerline of Madison Street to accommodate a 300- foot long dual left turn lane for northbound Madison Street to westbound Avenue 54 and a 150-foot deceleration/right turn only lane plus variable width taper length to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Also, additional right of way on Madison Street for a deceleration/right turn only lane at the proposed primary entry measured 62 feet east of the centerline of Madison Street and length to be determined by a 70 4 3 1 w P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 3 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 54 (Secondary Arterial, 88' ROW) - 44 feet from the centerline of Avenue 54 for a total 88-foot ultimate developed right of way except for an additional right of way dedication at the secondary entry intersection of 56 feet from the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 8. 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. 9. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS - The applicant shall comply with the following conditions pertaining to the on -site private interior street system as approved under Tentative Tract 32879. However, the applicant shall have the option to design certain private streets in the project to 28 feet of AC pavement width for flush -curb streets, as illustrated by Sections E-E and F-F of the Tentative Tract Map, provided parking is adequately restricted and the method for drainage conveyance is acceptable to the City Engineer. Approval of any revised street section shall be subject to review and acceptance by the City Engineer. 1) Street "A" (except for Access Drive), Streets "B" thru "J", "M" thru "Z", and "AA" thru "CC". - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width for double loaded streets. 2) Streets "K", "L", "DD" and "EE" - Private Residential Streets shall have a 28-foot travel width if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the 71 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 4 232 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Engineering Department prior to recordation. 3) Wedge curbs approved by the City Engineer shall be used on all private streets, unless an alternative drainage design concept is approved. B. CUL DE SACS 1) The cul de sac design shall have a minimum 38-foot curb radius at the bulb or larger. C. KNUCKLE 1) The knuckle shall conform to the shape shown on the specific plan except for minor revision as may be required by the City Engineer. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Specific Plan 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. 72 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 5 4 3 3 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Madison Street (Major Arterial) - A minimum 20-foot from the R/W-P/L. B. Avenue 54 (Secondary Arterial) - A minimum 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages 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 offer for dedication blanket easements for those purposes on the Final Map. 15. 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. 16. Direct vehicular access to Madison Street and Avenue 54 from lots with frontage along Madison Street and Avenue 54 are restricted, except for those access points identified on the specific plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. 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. 18. 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 Specific Plan and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 73 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc %3-4 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 FINAL MAPS 19. 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. The Final Map shall be of a 1 " = 40' scale. 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. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. 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. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal Note: A through C shall be processed concurrently. D. Storm Drain Plans 1 " = 40' Horizontal E. Off -Site Street Plan 1 if = 40' Horizontal 74 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 7 235 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 1 if = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvement/ Signing & Striping Plan 1 if = 40' Horizontal, 1 it = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. H. On -Site Residential Precise Grading Plan 1 if = 30' 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. All Off -Site Plan & Profile Street Plans and Signing & Striping 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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. 22. The City maintains standard plans, detail sheets and/or construction notes for 75 236 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 8 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 23. 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. 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 SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on 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. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Specific Plan, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. `l 76 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 0 237. City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 27. Depending on the timing of the development of this Specific Plan, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this specific plan. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. Particularly, Madison Street Improvements including traffic signal at Avenue 54 shall be completed and operational prior to the issuance of the 251h Building Permit of the applicant for the project. Avenue 54 off -site street improvements shall be completed by the issuance of the 50" Building Permit or May 31, 2006, whichever occurs later. The applicant shall have all off -site improvements completed and accepted by the City of La Quinta prior to 20% occupancy of the Tentative Tract. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, the applicant shall 77 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc �s City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 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. 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. C;RADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. On -site grading shall be limited to a maximum of 13 acres on any work day, to the fullest reasonable extent. 32. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections P:\Reports.- CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc t> 78 239 11 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), 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. 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. 33. 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. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 79 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 12 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 - Transwest Housing January 4, 2005 Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. 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 Specific Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. 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. 40. The footings of perimeter walls along abutting properties shall be designed to be within the Specific Plan property and not encroach into the abutting properties. DRAINAGE 41. 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 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. Additionally, the 100 year stormwater shall be retained within the interior street right of way. 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. 42. 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. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system �W � P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 241 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges from the following: landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by a separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 43. 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. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. Individual lot retention requires greater that 43,560 square feet of area. 45. Individual lot basins for lots 43,560 s.f. in size or larger shall be approved by the City Engineer. If individual lot retention is approved, the applicant shall meet all individual lot retention provisions of Chapter 13.24, LQMC. Additionally, the applicant shall apprise prospective owners of said lots of the perpetual maintenance of the retention basin either by the individual property owner or the HOA. An easement for the individual lot retention basin shall be shown on the individual lot title documents. 46. 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. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. 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. P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 81 242 14 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 50. Segmented keystone retention basin walls shown as Section 1-1 are not approved. The applicant shall redesign retention basin Lot "E" where the wall will be beneath the water surface during storms to a single reinforced concrete retaining wall with decorative face or other design approved by the City Engineer or comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. 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, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. 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. STREET AND TRAFFIC IMPROVEMENTS 55. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 56. The applicant shall construct the following street improvements to conform with the P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 82. 243 15 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 General Plan. Off -site street improvements shall be completed before 20% occupancy of the development. A. OFF -SITE STREETS 1) Madison Street (Primary Arterial per GPA 2004-103, 1 10' ROW): Widen the east side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the General Plan Amendment 2004-103 and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, except at locations where additional street width is needed to accommodate: a) A dual left turn lane and a deceleration/right turn only lane at the Madison Street and Avenue 54 intersection. The east curb face shall be located sixty-four feet (64') east of the centerline for a length of 300 feet plus variable width taper length as required by the City Engineer. b) A deceleration/right turn only lane at the Project's Primary Entry on Madison Street. The east curb face shall be located fifty feet (50') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08 and approved by the City Engineer. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional length of 50 feet. Other required improvements in the Madison Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Specific Plan. 83 244 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 16 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 e) Establish a benchmark in the Madison Street right of way and file a record of the benchmark with the County of Riverside. f) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Madison Street frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -purpose trail from the pedestrian sidewalk in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. 2) Avenue 54 (Secondary Arterial with Class II Bike Lane, 88' ROW): Widen the south side of the street from Madison Street to the east boundary lot of the Tentative Tract and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The south curb face shall be located thirty six feet (36') south of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (as required by the Coachella Valley Unified School District.) The bus turnout shall be located at the west project area, and to be determined in the street improvement plan process. b) Deceleration/right turn only lanes at both of the Project's Secondary Entries on Avenue 54 if required pursuant to Engineering Bulletin #03-08. The east curb face shall be located forty eight (48') south of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08 and approved by the City Engineer. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. 84 245 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 17 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 Other required improvements in the Avenue 54 right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) The applicant shall remove all existing trees adjacent to the Avenue 54 boundary of the Tentative Tract Map. The tree root systems shall be removed to three (3) feet below finish grade and as approved by the City Engineer. Tree removal between the west and east sections of the Tentative Tract Map shall occur at the time the subject improvements are installed, and shall be completed but is not required until issuance of the 50th building permit but not prior to May 31, 2006. The applicant shall extend improvements beyond the subdivision 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). 3) The applicant shall install the traffic signal at the intersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for design and installation of the traffic signal. However, the applicant is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Applicant shall bond for the traffic signal DIF reimbursement amount adjusted for design and installation prior to issuance of an on - site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. B. PRIVATE STREETS - The applicant shall comply with the following conditions pertaining to the on -site private interior street system as approved under Tentative Tract 32879. However, the applicant shall have the option to design certain private streets in the project to 28 feet of AC pavement width for flush -curb streets, as illustrated by Sections E-E and F-F of the Tentative Tract Map, provided parking is adequately restricted and the method for drainage conveyance is acceptable to the City Engineer. Approval of any revised street section shall be subject to review and acceptance by the City Engineer. 1) Construct full 36-foot wide travel width measured gutter flow line to gutter flow line within a 41-foot right-of-way where the residential -. 85 4.46 PAReports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 18 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 - Transwest Housing January 4, 2005 streets are double loaded. The 36-foot wide street shall be measured gutter flow line to gutter flow line. The street width may be reduced to 28 feet between the flowlines where on -street parking is prohibited on both sides and the applicant makes provisions for perpetual enforcement of the No Parking restrictions. 2) Roundabout designs shall provide adequate intersection sight distances and signage for each approach leg. Additionally, roundabout shall be designed by a design professional with demonstrated experience with roundabout design and as approved by the City Engineer and the Fire Department. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 4) Private streets shall be redesigned to utilize wedge curb designs approved by the City Engineer for proper handling of Stormwater from lot frontages unless an alternative drainage design concept is approved by the City Engineer. The design of street "EE" at Lots 1 and 20 shall be approved by the Fire Department or redesigned to accommodate emergency vehicle turnaround. C. PRIVATE CUL DE SACS 11 Private Cul-de-sacs shall be constructed with a 38-foot curb radius or greater, measured gutter flow -line to gutter flow -line. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the specific plan, except for minor revisions as may be required by the City Engineer. E. ON -SITE MULTI -PURPOSE TRAILS. The applicant shall submit a Site Development Plan showing the proposed sidewalk and multi -purpose trail system within the development. The on -site sidewalk including curb ramp and multi -purpose trail alignments shall be separated when possible. The design of multi -purpose trails including finished surface, geometry, curb transitions, P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 86 4.47 19 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 slopes, sight distances, signing, and location shall be approved by the Engineering Department on the Site Development Plan submittal. The applicant shall submit engineered drawings of multi -purpose trails for each phase with the on -site street improvement plans. Improvements including multi -purpose trail street intersections shall include appurtenances such as traffic control signs, markings and other devices, and raised medians if required. 57. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 58. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Secondary Arterial Primary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 59. The applicant shall submit current mix designs (less than two years old at the time of 248 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 20 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 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. 60. General access points and turning movements of traffic are limited to the following: A. Madison Street Primary Entry (Madison Street): Full turn movements in and out are allowed. B. Avenue 54 West Secondary Entry (Avenue 54, 850' east of Madison Street): Full turn movements in and out are allowed. East Secondary Entry (Avenue 54, 3075' east of Madison Street): Full turn movements in and out are allowed. 61. 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. 62. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 63. The City will conduct final inspections of 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 in residential developments 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 development or when directed by the City, whichever comes first. P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 21 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. 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 Coachella Valley Water District (CVWD) and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. An overall preliminary landscaping shall be prepared for all common area landscaping and parkways, pursuant to the requirements of the recently adopted Water Efficient Landscaping Ordinance, to include a preliminary estimate of water use for the entire site. This plan shall be reviewed by the ALRC and accepted by Planning Commission prior to final construction plans being accepted for sign -off. NOTE: Plans are not approved for construction until signed by the City Engineer. 67. 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 along public streets. PUBLIC SERVICES 68. The applicant shall provide public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. The applicant shall coordinate with Sunline Transit and Coachella Valley Unified School District to determine any requirement for a bus turnout on Avenue 54. 2�0 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 22 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 FIRE MARSHAL 69. For residential areas, 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. Off -site hydrants are required at any entry and every 660 . feet around the perimeter of the project. 70. Blue dot retro-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. 71. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 72. Flag lots such as Lot 230 will not be permitted for safety reasons. 73. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor of the buildings, as measured by outside path of travel. 74. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet, 6 inches in height. 75. Any gate providing access from a public roadway to a private entry roadway 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 38-foot turning radius shall be used. 76. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic 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. 77. 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. Two sets of water plans are to be submitted to the Fire Department for approval. 90 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 23 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 78. 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 QUALITY ASSURANCE 79. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 80. 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. 81. 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. 82. 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 83. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 84. 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 85. The applicant shall comply with the provisions of Section 13.24.180 (Fees and r P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 24 252 `, City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 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. 86. 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). 87. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. COMMUNITY DEVELOPMENT 88. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increases or decreases in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 89. Architecture and site plan provisions for all proposed uses, including typical building design for the residential unit buildings, shall be subject to review by the City under the Site Development Permit process. Building heights for the residential unit buildings shall be limited as specified in Condition 98. Height limits for other ancillary use structures shall be as set forth in the Griffin Ranch Specific Plan document, or as may be specified during site development review for each particular use. 90. Local tribes shall be contacted in writing for comments prior to issuance of the first grubbing, earth -moving or grading permit. The applicant shall provide the Community Development Department with all written responses received within one month prior to issuance of any grading permit. One Native American monitor shall be required should the tribes request it. 91. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological and paleontological monitors. Proof of retention of monitors 92 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 25 2 3 City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract 32879 — Transwest Housing January 4, 2005 shall be submitted to the City prior to issuance of the first earth -moving or clearing permit. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first production home permit for the project. 92. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 93. Results of the final artifact analysis and site interpretation shall be submitted to the Community Development Department for review by the Historic Preservation Commission prior to issuance of the first grading, clearing or grubbing permit. 94. A paleontologic resource survey shall be conducted on the project site prior to the initiation of any ground disturbance. The study shall be conducted in conformance with the City's standards for such a study, and shall be submitted for review and approval. 95. The developer shall incorporate the recommendations contained in the acoustical analysis prepared for the Griffin ranch Specific Plan, cited as "Griffin Ranch Specific Plan and Tentative Map Air Quality and Noise Impact Study," Endo Engineering, September, 2004. 96. A final noise analysis shall be completed, prior to issuance of any building permits, when final lot layout and pad elevations have been completed to assure that the wall requirements are sufficient to meet the City's standards. 97. Parkland dedication fees shall be determined as set forth in Chapter 13.48 (Park Dedications) of the La Quinta Municipal Code. The required fee shall be paid prior to City Council approval of any final map for Tentative Tract 32879. 98. Building heights shall be limited to one story/22 feet for all lots within 150 feet of the ultimate right-of-way lines for Avenue 54 and Madison Street. 93 P:\Reports - CC\01-04-05\Griffin Ranch\coa\coaccTT32879.doc 26 2 5 4 ATTACHMENT 1 tz w w V) �-- z 0 z o Q U HIGHWAY 111 DR. CARREON BLVD AVENUE 48 w AVENUE 49 w � Of � AVENUE 50 z o z wui AVENUE 51 W w �wI AVENUE 52 AVENUE 53 c~n AVENUE 54 ti,_ " ' w w cr- o c i AVENUE 55 z o AIRPORT BLVD 4 O R VICINITY MAP N.T.S. 'J 94 Sdm..�t ATTACHMENT 2 sit .1 v� w uti , a s■. a\¢� a it !e tot... ,.10 _'t '� §fie ► Set a. c• , a �� i'�, � ... sit §�� §fie §se § §fie '..�►i ,t ' § �,§ ��+ .,. § §� =�s . , �� �, ,` §fie §fie SUAt §9i pi aii 4_ � a t 77 X" f Nit e+ � V .■� §fie ie ,! f )t. t - ' l §�c a. �'�, §fie ��•- � '� ti' 1• tti a`i • t §Ae t �[ +, : ,. tt Yt,k 't fit - ter; ti^ „M ..y„y ;,i WIN iw gh - � tom, R .r- � �•-, �§: ^ ;��E � +�� - 1 §i[ i�§t 10 Sk. gal City of La Quinta General Plan LEGEND Roads - - - — - - TownsNp/Range Sections Rairoads aty un fts — — - planning Area #1 •.•.••••• Planning Area #2 EXHIBIT 3.5 CITY ROADWAY CLASSIFICATIONS Freeway Interchanges Augmented Major (8D) -:-�-�- Major Arterial (6D) N N N Primary Arterial - A (4D) v u v Primary Arterial - B (41)) .�.-.n►—m- Secondary Arterial (4U) Modified Secondary (2D) — Collector (2U) Somee: CRy of LA Qaiats CAmml Pbs-Upftte T=fHc Study, RM & Amockbo. Inc. SVbmbwt 2M Saale 1:72,000 N 0 5.000 10,000 15.000 Feet NORTH Riverside County Vicinity Map ROM ow D.ow*w 14, 2001 rL. , Vardo11 No.: 6 ATTACHMENT 3 96 20-7 id': '- ATTACHMENT 4 M r Yn� 51 ST VL 24D - s #\►; :� 1�': ""_fir_ r>; r: m: f.� ��� �� •�..r•.I "e `:. d ,•+A'+�rz^. ,.� ,C;,; ,.� riE': i -� f , � J \ ,,\4 � .♦ .M1 / � '-+•f 7 y� 5s� •--'':�k �''�` a �i �i�.s� `j`W i.`n �'�z, t :�w Y. `Y"rcy k P.'��t.. \ a` / ! _ ll x Y t`A/a. �f J', ,fie ♦ 1 / `+. ~,�. v a�4 r tp rq�saM1� i7. aY rR z "� `�` , / `. ♦ `.e, S'°n.'�s 2 s�' �' r : �- ,,.d�' �� sad.. 'sr.. .. t' �'1. • '\+ �% ,\. .,�' Y ?r' i's1 r• ,i t s.f:a. ta-. e+ .i + ,'+.■ y y. �Z Wilt ' \:�•!. ��y[,^�f{,ys■f�,j ... -E ..torn �.r+3rx `•. � �. � �- �✓` y., .. ., r X:'•t r •e a zc .: Y'i�"� ,y r•r LOH I -DR ie ■ R r - z{#- sr 5 'i i^Yv'Mol "kV F �"..„pp,� .•h r y �. / T.r..- ati_ L . MDR IS, VLOP •F � .y-t Y N v.r � i. �}`' >t • s .. 1.5. "�k:rY'• : k . x-, .... . ,..,� ,,,. "Y. ,,•. �r s� .....w ltn... - .Y.f .• `fir•. f✓ \ '.J �� ♦ ':.� it s ,. 'k. #ems r-� -'�. y��, ti •r 1 T ELOR . 1VLO OR LDR 'lAl KA LOR LOR V. URT pig WRf : Z w � ff x h •a � ON 31, a ' 1 7�r+�i� � � � �•� ••Y ,.;� .•_�{ i�l sr` /� , • {r ` 1 -- .ky. •Ett p, ,� 'Y City of La Q ' uinta General Pan LEGEND Roads Township/Range Sections Railroads city L3n*s - —' Planning Area #1 - Planning Area #2 City Sphere of Influence EXHIBIT 3.10 MULTI -PURPOSE TRAILS ...�.. Class I Bicycle Trails (Exclusive Bicycle/Pedestrian Lane) Class H Bicycle Trails (On Road Bicycle Lane) ........ r Class III Bicycle Trails (Shared Facilities) Multi -Purpose Trails Pedestrian/Hiking Trails Scale 1:72,000 N 0 51000 10,000 15,000 Feet NORTH Riverside County Vicinity Map 21mm d am Damobw 14, 2001 OW xr.pm" by: Auld bdomudm systems mew►Hav�• rrma. ATTACHMENTS 99 �60 l�. ?'> - ' , .ate•.. ;: , -^.�. `fit . ... W � � li .. m. • ,\- - IL ED NO — — — —ram. — — — — ,� -- � `' ,,. � -': � S ..__ � •�. �. LiO pill.. LU TrFn , -•� ' �. I Lit l , ` `\IN ly �►i����w� �-..~■`„..... Y'� AZ `fivv t. 1 ---' �.at—x" �TM AIRPORT BLVD - — - � —' _ _.. _ _ — __ _ � _ — 1 CveL`:ny r- .T fed tix .fin d ?' •il 1 £I j a . `�l ,. 3.1 a ... 1 .s 1 r1i r. t _ t� f. nt—� eons k Rio I .'N!..J'�.+•.",'" 8�4 t, v� ��'''' j•Ca.'*" .4 m �' Nn, 'j,ila4 ...■r: w•;. �. � _3$� �', �,�C.b"flt its, i4 J, �vIJ',�r�3 � ■ tl • ' Ell I A nQ 1 l o o 1 1 L — �Pi — HIDEAWAY November 5, 2004 Faxed, original mailed Oscar Ord CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 �4v «T,f RcCE1Vo 9� W RE: GPA 2004-103, ZC 2004-122, SP 2004-074, TTM 32879/TRANSWEST HOUSING, INC. Dear Oscar: I received the Planning Commission Public Hearing Notice for the referenced applications. As you know, ND La ' Quinta Partners, LLC owns approximately 470 acres on the north side of Avenue 54 between Madison and Monroe Streets in the immediate vicinity of the proposal. ND La Quinta does not oppose this project but has concerns relative to the timing of improvements and aesthetic considerations. Specifically, we request that the conditions of approval address tamarisk tree removal and the placement of power distribution lines underground. Both the tamarisk trees and the power lines are impediments to views and the general aesthetic of the area within General Plan classified "Image Corridors." Tamarisks have also been identified as a "pest species" in the Coachella Valley and it seems reasonable to require their removal when property is converted. from vacant/agricultural to development. We have heard that the improvement timing of Avenue 54 may be deferred. Our understanding is that there may be a conflict between the location of existing tamarisk trees and the future street improvements on the south side. We are not in favor of any deferral of the improvements unless a condition is added requiring removal of the tamarisk trees at the commencement of the project. In addition, the power distribution lines located on the east side of Madison Street south of Avenue 54 should be placed underground as part of the perimeter street improvements. I look forward to the hearing on the 9`h. Thanks for the opportunity to comment and your consideration. Sincerely, ND L QUINTA PARTNERS, LLC Jo n P. Gamlin Vice President - Mment PO BOX 1540 • 81-100 AVENUE 53 • LA QUINTA • CALIFORNIA • 92253 PH: 760.391.5072 • FX: 760.398.5788 • www.hideawaygolfclub.com DISCOVERY LAND COMPANY �- 26� Sent By: Sun Country Ranch; 760 398 2724; Nov-19-04 4:47PM; Page 2/2 A 7 November 18, 2004 SUN COUNTRY RANCH Norman and Gayle Cady 82-831 Avenue 54 Vista Santa Rosa, California 92274-9434 (760) 398-2724 City of La Quinta Attn: Planning Commission - Hearing November 23, 2004 78-495 Calle Tampico P. O. Box 1504 La Quinta Ca 92247-1594 ..dF(9EWE ;;t'(Y oof 4AQ INTp, :.��dMUNITY DEV LppPMENT ^��ARTMINT RE: Transwest Housing, Inc. - MG Ranch Land, Inc. * General Plan Amendment 2004-103 Tentative Tact 32879 * Specific Plan 2004-074 * Zone Change 2004-122 * EA 2004-526 Southwest Corner of Avenue 54 and Madison Street Gentlemen:. The City of lea Quints has been very supportive and cooperative with the creative idea and vision of creating a Non -Motorized Multi -Purpose Trail System along the way as development occurs in your area. The existence of your beautiful trails along Madison Street, Avenue 50 and The Trilogy are prime examples of your willingness to insure a connective way of passage for hikers, bicyclists and equestrians alike. La Quinta's current General Plan reflects a connective Non -Motorized Multi -Purpose Trail easterly from Madison Street along Avenue 54 to Monroe Street. There is also a "partial" trail indicated easterly from Madison Street along AVENUE 55. However, the Avenue 55 route does not appear to "hook up" or "connect with" anything. 1 believe this Avenue 55 route is inclusive with the above referenced Transwest Housing, Inc., and MG Ranch Land, Inc., development request. The purpose of my letter is to request a General Plan Amendment to insure that the current "Avenue 55" trail system route be considered an integral part of your Non -Motorized Multi - Purpose Trail System, md that it be extended easterly from Madison Street to Monroe Street. This would provide an additional way of passage from the City of La Quinta into the Community of Vista Santa Rosa. There are currently tentative plans for a Non -Motorized Multi -Purpose Trail System easterly from Monroe Street along Avenue 55 to Oasis Street. This addition would also provide a much safer trail route for the traveler during peak hours of the day when heavy traffic is moving at a brisk pace. Your consideration of this request is very much appreciated. 102 26-a ATTACHMENTS 6 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA I / December 14, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission as called to order at 7:00 p.m. by Chairman Kirk who asked Com ssioner Quill to lead the flag salute. B. Present: Commissioners Rick Dan i s, Kay Ladner, Ken Krieger, Paul Quill and Chairman Tom Kirk. C. Staff present: City ManagX/Interim Community Development Director Thomas Genovese, City torney Kathy Jenson, Assistant City Engineer Steve Speer, Principal tanner Fred Baker, Associate Planners Wallace Nesbit and Martin M gana, and Executive Secretary Betty Sawyer. I.I. PUBLIC COMMENT: NXne. III. CONFIRMATION OY'THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chai an Kirk asked if there were any corrections to the Minutes of the 7sinutes e lar meeting of November 23, 2004. There being no corrections, it moved and seconded by Commissioners Daniels/Quill to approve the as submitted. B./ Department Report: V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2004-526, General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004- 074, and Tentative Tract Map 32879; a request of Trans West Housing for consideration of a subdivision of ± 199 acres into 303 single-family residential lots located at the southeast corner of Avenue 54 and Madison Street. GAWPDOCS\PC Minutes\ 1 2-14-04.doc Planning Commission Minutes December 14, 2004 1. Chairman Kirk excused himself due to a potential conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes to the Conditions of Approval being requested by the Public Works Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commission Daniels asked staff to explain the timing of the road improvements along Avenue 54. Staff explained the phasing of the road improvements. Assistant City Engineer Steve Speer stated the intent is that the street improvements for Avenue 54 will be installed the later of May 31, 2006 or the 100t' building permit. They must start the improvements within 30 days after that and finish them. They will be continuous and uniform along the entire front of this map and the existing Griffin property. The only difference is that the sidewalk in front of the Griffin property will not meander; it will be curb adjacent and eight feet wide. 4. Vice Chairman Quill asked if there was a trail along this section. Staff stated the public trail is on the other side of the street. 5. Commissioner Daniels asked if the trees would be removed from the parcel that is being developed now, or when the street is improved. Staff stated with the improvement of the street. The earliest the Avenue 54 improvements could occur is May 31, 2006. On Madison Street those trees will also have to come down. 6. Vice Chairman Quill asked if Avenue 54 in front of the Griffin estate would be developed at the same time as the rest of the development except the parkway and sidewalk. Staff stated it will all be done at the same time along Avenue 54. On Madison Street it will be done earlier. Associate Planner Wallace Nesbit noted the applicant would be responsible for removing all the trees. 7. Commissioner Krieger asked about the two access points on Avenue 54 as to how this would be used in conjunction with the Avenue 54 improvements. How will this function with an existing 1-4 G:\WPDOCS\PC Minutes\12-14-04.doc 2 Planning Commission Minutes December 14, 2004 two lane road. His concern is the amount of traffic on a two -.lane road. Staff stated they would generally be placed in their ultimate design location and the roadway and entry would be extended out to their. current improvements. 8. Commissioner Krieger asked about the letter from Gayle Cady. Staff explained her request regarding the trail and stated it is a pedestrian hiking trail and staff recommends removing it, it is not - equestrian. Commissioner Krieger asked about the second letter from Mr. Gamlin and the undergrounding of the utilities. Staff stated they are conditioned to underground the utilities. 9. Commissioner Daniels asked about the grade differential between this property and the property to the south. Also, is the right of way vacated and how is it disposed of in regard to the trail. Staff stated it was vacated as part of the development of the Norman Course. 10. Commissioner Daniels asked if this would make it consistent with the Hideaway. Staff stated yes, and continued to explain the amendment. 1 1 . Commissioner Daniels clarified this was separated from the Griffin property. Avenue 54 will be improved, but how will the street improvements for the Griffin property be improved. Staff explained there was an agreement based on the timing in the agreement. The Griffin estate would dedicate the land and the applicant would maintain the trees. 12. Commissioner Daniels asked about Street "C", "D", the western end of street "C", street "G ", there are four streets coming together; is there any concern where they all come together. Assistant City Engineer Steve Speer stated the circulation was evaluated, but the roundabouts will cause the traffic to slow and the residents will be aware of the street system. 13. Vice Chairman Quill asked about the timing of the Avenue 54 construction, the street will require full bonding from the first phase. Staff stated yes; the City requires two separate agreements for both on and off -site improvements. G:\WPDOCS\PC Minutes\ 1 2-14-04.doc 3 Planning Commission Minutes December 14, 2004 14. Vice Chairman Quill asked if the applicant would like to _address the Commission. Mr. Larry Cohen, The Griffin Group, representing the owner, gave a presentation on the project on behalf of Mr. Mery Griffin. He introduced Barry McComic, Trans West Housing and McComic Consolidated, Inc., developer of the project, who presented the development of the project. Mr. Marvin Roos, MSA Consulting, engineer for the project, continued to describe the project. He asked about the conditions regarding a dedicated right turn lane on Madison Street, the deceleration lane at the project entries, and the wedge curbs. The deceleration lanes are not an issue because there are less than 50 movements per hour, which is the City standard, or in the case of Madison Street, at build out it is projected to be 3100 cars per day. This is a low profile project and the right turn in movement on Madison Street are projected to be only 12 per hour. On the dedicated right turn lane Madison Street onto Avenue 54 at build out they are projecting 43 movements per hour which is less than the standard threshold. At build out of the General Plan the numbers will be high enough for the dual left lanes, therefore they do not object. They would like the wedge curbs be eliminated on streets for the one acre lots. Maybe it could be addressed by making them subject to the City Engineer's approval. 15. Vice Chairman Quill asked if this was intended to be a custom lot subdivision. Mr. McComic stated yes, a combination of custom and production subdivision. Primarily production. They are only. designating 20 lots as custom. Trans West will be the contractor on all the houses in the project. Vice Chairman Quill asked if they would be filing three final subdivision maps. Mr. McComic stated one final map with three phases. Vice Chairman Quill asked if they would prefer their internal local streets to be smaller than 36 feet. Mr. McComic stated they would prefer the smaller streets, as a general rule. Vice chairman Quill asked if they would prefer all the private local streets to have the mow strip. Mr. McComic stated yes, it would add to the feel of the project. Vice Chairman Quill asked if the half -acre lots will be allowed to have a horse in the backyard. Mr. McComic stated there will be no horses boarded on any of the lots. The adjoining tract will be developed for the boarding of the horses. Vice Chairman Quill asked if they were requesting to not construct the right turn pocket on the north bound lane onto Avenue 54. Mr. Roos stated that was correct. Vice Chairman Quill then asked if they were requesting to not build G:\WPDOCS\PC Minutes\12-14-04.doc 4 Planning Commission Minutes December 14, 2004 a second left turn pocket. Mr. Roos stated they have agreed to the second left turn at build out. They do not agree that the right. turn lane is solving enough problems to remove all the landscaing. Vice Chairman Quill asked if signalization was being required on the main intersections. Assistant City Engineer Steve Speer stated yes, when it meets warrants. They want the turn lanes now even. if the signal is not warranted. In regard to the lanes., it has been Council's direction on new projects for Arterial streets to install the right turn lanes. It is a function to get the cars out of the flow of traffic. The right turn lane needs to be at least 100 feet and the curb is only being set back seven feet. 16. Commissioner Ladner asked if a roll curb was acceptable. Assistant City Engineer Steve Speer stated the concern is the advance of the storm water out to the retention basin. If you do not keep it in the street in fixed improvements you have potential for erosion. Staff may consider an alternative if they can come up with a satisfactory drainage method. Staff went onto discuss the problems that had occurred in the past. 17. Commissioner Daniels asked about the trail surface treatment being used. Mr. Roos stated decomposed granite. 18. Vice Chairman Quill asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 19. Commissioner Ladner commended the applicant on the project. She agrees with the staff's concerns on the curbs. 20. Commissioner Daniels stated he had concerns about the internal circulation, but believes the roundabouts will satisfy those concerns. Once the trees are cleaned out, it will greatly improve the area. He would like the improvements to be tied together' and he believes staff has addressed the timing. 21. Vice Chairman Quill would like to offer the opportunity to allow the developer to reduce the street width to 28 feet. He would like ensure the right turn pockets on Madison Street remain. If the internal streets are reduced by eight feet it will allow the applicant enough room for the right turn pockets both at the entrance to the project and at Avenue 54. He has a concern with the timing of 107 G:\WPDOCS\PC Minutes\ 1 2-14-04.doc 5 Planning Commission Minutes December 14, 2004 the improvements on Avenue 54. There should be an outside date and it should not be tied to building permits. He asked if the improvements to Avenue 54 could be constructed without the sidewalk to the full street width, back of the curb, without the removal of the tamarisk trees in front of the Griffin estate. Mr. Roos stated Rod . Grinberg would be more knowledgeable to answer. Assistant City Engineer Steve Speer noted .the trees are right. at 30 feet of the centerline and the curb at 32 feet. Vice Chairman Quill stated he would like to propose an outside date along with the 100" building permit. The market changes, things happen, and he would not like to see the street unbuilt for ten years. Currently, the earliest date for the construction of Avenue 54 is April 1 st, 2006. 22. Vice Chairman Quill reopened the public hearing. Rod Grinberg, Trans West Housing, stated the timing is based on the improvements occurring at the end of the season when Mr. Griffin would not be here. He wanted the trees to remain for his privacy. They were using the date and building permit was to ensure the construction would not occur before the end of the 2006 season. Vice Chairman Quill asked if they would be agreeable to adding a sentence to 56.A.2.e. adding, "until issuance of the 100 building permit, but not prior to April 1, 2006, and not later than October 2006 for the construction of the Avenue 54 street improvements." Mr. Grinberg suggested the Permit number could be dropped to 50 building permits. Commissioners determined they would be satisfied with the 50 building permits. 23. Vice Chairman Quill closed the public hearing and opened it to Commission discussion. 24. Vice Chairman Quill recommended the applicant be allowed to reduce the street width to 28 feet for private internal local streets. Assistant City Engineer Steve Speer stated the General Plan allows it with the parking being restricted. Vice Chairman Quill asked that the mow strip curbing on the street with the one acre lots be granted. 25. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-097, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526, as recommended. GAWPDOCS\PC Minutes\ 1 2-14-04.doc 6 Planning Commission Minutes December 14, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 26. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-098, recommending to the City Council approval of General Plan Amendment 2004- 103, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 27. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-099, recommending to the City Council approval of Zone Change 2004-122, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 28. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-100, recommending to the City Council approval of Specific Plan 2004-074 as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. 29. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-101, recommending to the City Council approval of Tentative Tract Map 32879, as amended: a. Condition #27 amended: "Off -site improvements should be completed on a first priority basis. Particularly, Madison Street improvements shall be completed prior to the issuance of the 2511 building permit of the applicant for the project. Avenue 54 off -site street improvements shall be I it) e G:\WPDOCS\PC Minutes\12-14-04.doc 7 Planning Commission Minutes December 14, 2004 10 completed by the issuance of the 50th building permit or May 31, 2006, whichever occurs later. The applicant shall have all off -site improvements completed and accepted by the City of La Quinta prior to 20% occupancy of the Tentative Tract Map. b. Condition #56.A.2.3.: deleted. C. Condition #56.A.2.e. amended: The applicant shall remove all existing trees adjacent to the Avenue 54. boundary of the Tentative Tract Map. The tree root system shall be removed to three feet below finish grade and as approved by the City Engineer. Tree removal between the west and east sections of the Tentative Tract Map shall be completed, but is not required until issuance of the 50th building permit, but not prior to May 31, 2006. d. Condition #56.A.3. amended: The applicant shall install the traffic signal at the intersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for design and installation of the traffic signal. However, the applicant is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Applicant shall bond for the traffic signal DIF reimbursement amount adjusted for design and installation prior to issuance Iof an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. e. Private internal local streets shall be allowed to be reduced to 28 feet with parking restricted. f. Developer shall be allowed to provide the mow strip curbing on the streets with the one acre lots. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk.. ABSTAIN: None. Chairman Kirk rejoined the Commission. City Manager Thomas Genovese introduced the new Community Development Director Doug Evans who thanked the Commission for the opportunity to serve the City. Tentative Tract I IT r consideration of a sub app family and aneous lots located at the Je treet and Pomelo. 7artners LQ, LLC for ' 5acres into 29 single - sou rner of G:\WPDOCS\PC Minutes\12-14-04.doc 8 HIDEAWAY December 20, 2004 Faxed, original mailed Wallace Nesbit CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 ATTACHMENTS IECEUVE DEC 2 3 2004 POA RE: GPA 2004-103, ZC 2004-122, SP 2004-074, TTM 32879/TRANSWEST HOUSING, INC. Dear Mr. Nesbit: I received the Planning Commission staff report and conditions of approval for the referenced project. The staff report makes mention of my letter dated November 5 and there is a discussion regarding the tamarisk trees. However, it is not clear what the disposition will be of the approximately V2 mile of trees that are part of the frontage of 54`h Avenue exclusive of the Griffin property. We would like clarification that the tamarisk trees that are not part of the Griffin estate be removed at the onset of the project. I look forward to the city council hearing. Sincerely, ND LA QUINTA PARTNERS, LLC Jo n AP.Gamlin Vice President — Development PO BOX 1540 • 81-100 AVENUE 53 • LA QUINTA • CALIFORNIA • 92253 PH: 760.391.5072 • FX: 760.398.5788 • www.hideawaygolfclub.com DISCOVERY LAND COMPANY �w MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: �kimothy R. Jonasson, Public Works Director/City Engineer DATE: January 4, 2005 RE: Public Hearing No. 1 Transwest Housing The following conditions are to be added to the above referenced Specific Plan and Tentative Tract Map No. 32879 conditions: Specific Plan Conditions Condition 7: The Applicant shall cause the Grant of Right of Way and the Right of Way Agreement in a form approved by the City Manager and the City Attorney to be fully executed and notarized by The Mery Griffin Living Trust and to be delivered to the City of La Quinta City Clerk by 5:00 p. m. on January 24, 2005. Failure to comply with this deadline shall be a basis for rescission of Specific Plan 2004-074. Tentative Tract Map 32879 Condition 99: The Applicant shall cause the Grant of Right of Way and the Right of Way Agreement in a form approved by the City Manager and the City Attorney to be fully executed and notarized by The Mery Griffin Living Trust and to be delivered to the City of La Quinta City Clerk by 5:00 p. m. on January 24, 2005. Failure to comply with this deadline shall be a basis for rescission of the approval of Tentative Tract Map 32879. TAPWDEPT\STAFF\Jonasson\Memos 2005\050104 City Council.DOC Page 1 of 2 The developer has requested that Condition 27E be added as follows: To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. Particularly, Madison Street Improvements shall be commenced prior to the issuance of the 25" "production homes" Building Permit of the applicant for the project. Avenue 54 off -site improvements shall be commenced by the issuance of the 50" Building Permit or May 31, 2006, whichever occurs later. * The applicant shall have all off -site improvements completed and accepted by the City prior to 20% occupancy of the Tentative Tract. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, . prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. The City Attorney has requested the following be. inserted into Condition 27E where indicated above. *Once street improvements are commenced, they shall be diligently pursued to completion. TAPWDEPT\STAFF\Jonasson\Memos 2005\050104 City CounciLDOC Page 2 of 2 JANUARY 4, 2005 CITY COUNCIL MEETING CDD REVISIONS FOR GRIFFIN RANCH: 1. City Council report Page 63 - Revise Specific Plan Condition 6 to include the following, as new Condition 6. F: "Page 29 — Revise General Note 1 to state "The maximum height for all structures on lots within 150 feet of any General Plan -designated Image Corridor shall be 22 feet. However, for any residential lots of 20,000 square feet or more, this restriction.. shall not apply" 2. Revise Specific Plan Condition 6 to include the following, as new Condition 6.G: "Page 29 — Revise the minimum lot width of 95 feet to be consistent with Tentative Tract 32879 3. City Council report Page 93 - Revise Tentative Tract Condition 98 as follows: "Building heights shall be limited as set forth in the Griffin Ranch Specific Plan. The La Quinta Zoning Code shall take precedence where said Specific Plan is silent." r -, NO OF 'T'9 COUNCIL/RDA MEETING DATE: January 4, 2005 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving Tentative Tract Map 32751, for the Subdivision of ± 9.25 Acres into 29 Single -Family Lots and Miscellaneous Lots, for the Property Located at the Southwest Corner of Jefferson Street and Pomelo. Applicant: Grove Partners LQ, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 32751, for the subdivision of ± 9.25 acres into 29 single-family lots and miscellaneous lots, for the property located at the southwest corner of Jefferson Street and Pomelo, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site is located at the southwest corner of Jefferson Street and Pomelo within The Citrus project that was approved as Specific Plan 85-006 in 1985 (Attachment 1). The project site is approximately 9.25 acres in size and generally consists of vacant land. The applicant is proposing to subdivide the 9.25-acre site into 29 single-family residential lots and miscellaneous lots primarily for storm water retention, landscaping and a private street (Attachment 2). The Citrus Specific Plan was approved for a total of 557 units. To date, subdivision map approvals have created S:\CityMgr\STAFF REPORTS ONLY\PH1 TTM 32751.doc 514 residences. Therefore, this increase of 29 lots would bring the total to 543, 14 units short of the total number of units approved for The Citrus. This could be the last tract within The Citrus. The existing General Plan designation is Low Density Residential (LDR) which allows up to four dwelling units per acre. Based on ± 9.25 acres, the maximum number of lots allowed would be 37. With 29 lots proposed, the project density is 3.13 dwelling units per acre which is within the density allowed under the Low - Density Residential Land Use designation. The existing Zoning designation is Low Density Residential (RL) which requires a minimum lot size of 7,200 square feet. The applicant proposes lots ranging in size from 8,040 to 10,235 square feet. Access The project site will have access via an existing private roadway (Mandarina) within The Citrus. The new roadway will be a 36-foot wide street with a cul-de-sac that allows parking on one side only. The cul-de-sac provides sufficient space for turning movements. The applicant also proposes an emergency exit between Lots 10 and 11. The emergency exit must meet Fire Department standards with a minimum clearance of twenty feet in width and an automatic gate equipped with a rapid entry system. Storm Water Retention On -site storm water capacity is provided via two retention basins located at the southern portion of the site. One is 0.50 acres and the other is 0.75 acres in size. Additional capacity will be provided via the existing storm drain system within The Citrus which currently bisects the property within the northern portion of the site. Landscaping The existing landscaping along the west side of Jefferson Street and the south side of Pomelo will remain. No additional landscaping is proposed at this time. When the residential units and landscape plans for the lots are submitted for review, they will be reviewed for consistency with the development standards and landscape plans of the existing Specific Plan (SP 85-006). Planning Commission Action At the December 14, 2004 Planning Commission meeting (Attachment 3), the Planning Commission voted 5-0, to recommend approval of Tentative Tract Map 32751 to the City Council by adoption of Resolution 2004-102, subject to Findings 002 S:\CityMgr\STAFF REPORTS ONLY\PH1 TTM 32751.doc and Conditions of Approval. The Commission did recommend the following changes: 1. Amend Condition #17 to read as follows: "The applicant shall convey the Open Space Lot south of Pomelo Drive to the Citrus HOA prior to the release of bonds." Staff is in concurrence with the requested change. 2. Add a Condition #83 to read as follows: "Remove the emergency access on Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access is required by the Riverside County Fire Department, it shall be developed at Pomelo at the end of the cul-de- sac." The Fire Department requires a secondary emergency exit/gate for any development that has a street with a length of 1,320 feet or longer. The applicant has provided the secondary emergency exit/gate along the eastern property line as shown on the Tentative Tract Map. The Fire Department requires a minimum clearance of twenty feet in width and an automatic gate equipped with a rapid entry system. The Planning Commission expressed a concern that the location of the emergency exit/gate would not be aesthetically pleasing along the perimeter wall and moved to have it relocated off of Pomelo along the northern property line across the landscape portion of the site. The current property owner is opposed to having the emergency exit/gate cut across the landscape entry of The Citrus project. Jefferson Tunnel Issue The applicant and the current property owner, have requested the City delete the last paragraph of Condition 8.A.1, which relates to the existing under -ground tunnel on Jefferson Street. This tunnel originally was constructed to serve as access between The Citrus Golf Course and The Grove Golf Course on both sides of Jefferson Street as part of the Oak Tree West Specific Plan. An Indemnification Agreement (Attachment 4) for the tunnel was recorded with Riverside County on December 4, 1990 between the former land owner (Landmark Land) and the City. The property involved in this application was part of a golf course, but when the eastern side of Jefferson Street was sold to Toll Brothers to develop Mountain View Country Club, that portion of the golf course was never constructed and the tunnel was sealed off on both sides. The applicant is proposing to subdivide the property and staff has included a condition to have the tunnel filled with slurry seal and that a license agreement be entered into for repair of any damage to Jefferson Street caused by any undermining of the tunnel in the future. The applicant has requested to have the license agreement reference deleted since they does not wish to have any on -going responsibility after it completes the slurry seal. The City Attorney has reviewed the existing Agreement in relation to the concerns raised by the Commission. The Agreement was made for the benefit of the adjoining parcels, which were owned by Landmark Land at the time. The Agreement was recorded irk) 0 3 S:\CityMgr\STAFF REPORTS ONLY\PH1 TTM 32751.doc 275 1990. Section 2 of the Agreement expressly states that Landmark's successors and assigns remain obligated to maintain and repair the tunnel area. Both the City Attorney and the staff recommend the condition remain intact in order to protect the City from any future damage to Jefferson Street or liability that may be caused by failure of the tunnel. Public Notice This project was advertised in the Desert Sun newspaper on December 26, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 32751, subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolution approving the project; or 3. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager/ Attachments: 1. Site Location Map 2. Tentative Tract Map 32751 3. December 14, 2004, Planning Commission minutes 4. Indemnification Agreement G 04 S:\CitY 9 M r\STAFF REPORTS ONLY\PH1 TTM 32751.doc 276 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 32751 TO SUBDIVIDE ± 9.25 ACRES INTO 29 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32751 APPLICANT: GROVE PARTNERS LQ, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of January 2005, hold a duly noticed Public Hearing to consider a request by Grove Partners LQ, LLC, to subdivide ± 9.25 acres into 29 single-family lots and miscellaneous lots, generally located at the southwest corner of Jefferson Street and Pomelo, more particularly described as follows: APNs: 772-190-020 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of December 2004, hold a duly noticed Public Hearing to consider a request by Grove Partners LQ, LLC, to subdivide ± 9.25 acres into 29 single-family lots and miscellaneous lots and approved said Tract by adoption of Planning Commission Resolution 2004-102; and WHEREAS, said Tentative Tract Map 32751 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that the project has been assessed in conjunction with Environmental Assessment 85-034 for Specific Plan 85-006 which was certified on October 15, 1985. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21 166; 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 make the following mandatory findings to approve said Tentative Tract Map 32751: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR) which allows single-family residential uses. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the land uses on the site will be G 0 5 SACity Clerk\Resolutions\TTM 32751 Reso.doc 4. City Council Resolution No. 2005- Tentative Tract Map 32751 Grove Partners LQ, LLC January 4, 2005 provided from an existing street in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the project has been assessed in conjunction with Environmental Assessment 85-034 for Specific Plan 85-006 which was certified on October 15, 1985. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned to meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 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 the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. 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; 2. That it does hereby approve Tentative Tract Map 32751, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 4tn day of January 2005, by the following vote, to wit: AYES: NOES: S:\City Clerk\Resolutions\TTM 32751 Reso.doc City Council Resolution 2004- Tentative Tract Map 32751 Grove Partners LQ, LLC January 4, 2005 ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 007 279 SACity Clerk\Resolutions\TTM 32751 Reso.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 4, 2005 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 any 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 (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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. G 0 8 PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 4, 2005 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. 009 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 281 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 4, 2005 E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. 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 6. 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. 7. The applicant shall offer for dedication on the Final Map all public 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. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial, 120' ROW) - No additional right of way dedication is required. The following is conditioned for the existing Golf Tunnel beneath Jefferson Street: The applicant shall abandon the existing golf tunnel constructed under Jefferson Street. The method of abandonment shall be approved by the City Engineer. As a minimum, the existing tunnel shall be filled with slurry to the point it has been blocked off by the Mountain View Country Club Development on the easterly side of Jefferson Street. Additionally, the applicant shall enter into a license agreement with the City of La Quinta for the repair of any damage to Jefferson Street caused by any undermining of the tunnel and in perpetuity. The applicant shall notify perspective owners of property within the 282 PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 010 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 4, 2005 development of said license agreement and the possible transfer of the obligation to the HOA. 9. 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. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with streets double loaded. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, potential shared bus turnouts for SunLine and Desert Sand unified School District, and other features contained in the approved construction plans. 12. 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. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. 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. The Open Space at the north end of the tentative tract shall be dedicated as Open Space in perpetuity on the Final Map and shall be designated such as a lettered lot. P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 4, 2005 15. Direct vehicular access to Jefferson Street from lots with frontage along Jefferson Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. 17. The applicant shall convey the Open Space Lot south of Pomelo Drive to the Citrus HOA prior to the release of bonds. 18. 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 19. 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. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. 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. Nott 1 2 .. PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 284 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan: 1 " = 40' Horizontal B. PM 10 Plan: 1 " = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal D. Storm Drain Plans: 1 " = 40' Horizontal Note: A through D shall be submitted concurrently. E. On -Site Street Improvements/Signing & Striping Plan: 1 if = 40' Horizontal, 1 if = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. F. On -Site Residential Precise Grading Plan: 1 " = 30' 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. All On -Site Plan & Profile Street Plans and Signing & Striping 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. 2 a5 013 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 "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. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 23. 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. 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 SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on 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. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, 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. 26. 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. 27. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: 286 A. Construct certain off -site improvements. 014. PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, 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. 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. 29. 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, ors-f call upon the surety to complete the improvements. 0 5 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 4, 2005 GRADING 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. 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. 32. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), 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. 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. 33. 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. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the Pi6 PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 4, 2005 backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5) in the first eighteen inches (18 ) behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. 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. 39. 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. DRAINAGE 40. Stormwater handling shall conform with the approved hydrology and drainage report for The Citrus Development. The applicant or design professional shall submit a revised hydrology and drainage report to address off -site drainag�' ll� 9 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 displaced by this development and the adequacy of the proposed underground drainage system. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. Additionally, the applicant shall redesign the proposed retention basins to accept off site storm water that is currently handled by the existing retention basin. 41. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. 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. 42. The applicant shall redesign Lot C and D retention basins to provide for a bleed line between Lot C and D to handle overflow from Lot C. 43. 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. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 44. 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. 45. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 46. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall b P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 planted with maintenance free ground cover. 47. 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. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. 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. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. 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, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. 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. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 0 9, 55. The applicant shall construct the following street improvements to conform with PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 0 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 4, 2005 the General Plan. A. PRIVATE STREETS 1) Lot A except for except for the entry drive - Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. 2) Lot A (Entry Drive) — At a minimum, there shall be at least 20 feet of paved roadway at the entry drive and at the proposed median. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. EMERGENCY ACCESS 1) The applicant shall design the emergency access of Jefferson Street with decorative concrete, pavers or other pavement structure as approved by the City Engineer and the Fire Department. 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or, the approved equivalents of alternate materials. 57. 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. 02 PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Mandarina Drive): Full turn movements are allowed. 59. 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. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 61. The City will conduct final inspections of 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 in residential developments 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 development or when directed by the City, whichever comes first. LANDSCAPING 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. 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. o3 0 1. PAReports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER LQ, LLC JANUARY 4, 2005 NOTE: Plans are not approved for construction until signed by the City Engineer. 66. 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 along public streets. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. 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. 69. 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. 70. 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 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. 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 022 4094 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 — GROVE PARTNER LQ, LLC JANUARY 4, 2005 73. 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. 74. 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). FIRE DEPARTMENT 75. For single-family residential areas, 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. Off -site hydrants are required at any entry and every 600 feet around the perimeter of the project. 76. Blue dot retro-reflectors shall be placed in the street 8 inches from the centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 77. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 78. Roadways may not exceed 1,320 feet without secondary access/egress. This access/egress way may be restricted to emergency vehicles only however, public egress must be unrestricted. This access/egress way must be a minimum clear and unobstructed width of 20 feet with a vertical clearance of 13 feet 6 inches. 79. Any gate providing access from a public roadway to a private entry roadway 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. The gate shall be automatic and be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. 80. 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 the an individual lot. Two sets of water plans are to be submitted the Fire Department for review and approval. 81. The applicant or developer shall prepare and submit to the Fire Department for review and approval, a site plan designating any required fire lanes with appropriate lane paintings and/or signs. 0219 9 5 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 4. CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32751 - GROVE PARTNER La, LLC JANUARY 4, 2005 COMMUNITY DEVELOPMENT DEPARTMENT 82. The applicant shall comply with all the mitigation measures in the Mitigation Monitoring Plan attached to the Environmental Assessment for this project. 83. Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access be required, it shall be developed at Pomelo at the end of the cul-de-sac. 0P4 P:\Reports - CC\01-04-05\Grove Partners LQ, LLC\TTM 32751 CC COA.doc 4. ATTACHMENT N1 ry zo T AVE. 50 ta C� w w w > 0 P ADAMS STREET S w RFERTY Z 0 aLLJQ < cnrR 1S QOLF OOI�SE 0 w � >? AVE 52 w ac Ir w -- 4j M M WCPU MP,t ATTACHMENT #3 Planning Commission Minutes December 14, 2004 completed by the issuance of the 50th building permit or May 31, 2006, whichever occurs later. The applican shall have all off -site improvements completed and acc ted by the City of La Quinta prior t/en4 upa y of the Tentative Tract Map. b. Condition #56.A.2.3.: deleted. C. Condition #56.A.2.e. amended:ant shall remove all existing trees adjacent to the boundary of the Tentative Tract Map. The tystem shall be removed to three feet below findas approved. by the City Engineer. Tree remn the west and east sections of the Tent iveracMap shall be completed, but is not requir d until issuance of the 50th building permit, but not pr' r to May 31, 2006. d. Condition #56.A.3. ame ed: The applicant shall install the traffic signal at the i tersection of Madison Street and Avenue 54 when warrants are met. Applicant is responsible for de gn and installation of the traffic signal. However, the a licant is eligible for reimbursement from the City's Dev opment Impact Fee fund in accordance with policies esta fished for that program. Applicant shall bond for the traff' signal DIF reimbursement amount adjusted for design a installation prior to issuance of an on -site grading ermit; the security shall remain in full force and effect ntil the signal is actually installed by the applicant. e. Priv a internal local streets shall be allowed to be reduced to 8 feet with parking restricted. f. D veloper shall be allowed to provide the mow strip curbing n the streets with the one acre lots. ROLL CA : AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. Ch rman Kirk rejoined the Commission. City Manager Thomas Genovese in oduced the new Community Development Director Doug Evans who anked the Commission for the opportunity to serve the City. B. Tentative Tract Map 32751; a request of Grove Partners LQ, LLC for consideration of a subdivision of approximately 9.25 acres into 29 single- family and miscellaneous lots located at the southwest corner of Jefferson Street and Pomelo. 028 G:\WPDOCS\PC Minutes\12-14-04.doc 8 2 9 Planning Commission Minutes December 14, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff indicated a letter had been received from the HOA and their issues were being addressed. 2. Chairman Kirk asked about the cul-de-sac length for emergency access. Staff explained. Chairman Kirk asked legal counsel if the Commission must accept the Fire Department standards or are they able to make findings given other circumstances. City Attorney Kathy Jenson stated she would not recommend overriding health and safety concerns. She would need to review the Municipal Code section to see if it could be done, but it could be creating a liability for the City. Chairman Kirk questioned even if the condition created a blight. Discussion continued. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, MDS Consulting, representing the applicant, gave a description of the project. The one condition they have issue with is #17 and they would like to request its deletion or amend it to read when all the other open space lots are turned over to the HOA. Staff agreed with the change as long as it was prior to releasing bonds. 4. Commissioner Quill stated there is ample width between the date palm trees for the emergency access out to the entrance and asked why this area could not be considered for the emergency access. Mr. Green stated it belongs to the HOA and they have adamantly denied their request to install it at this location. He noted they will need a temporary access onto Jefferson Street during construction. 5. Commissioner Ladner suggested putting block under sod and it would not appear to be there. 6. Ms. Cindy Zamorez, KSL Developments, stated the HOA is adamant to keep the aesthetics of their entryway unchanged. It is currently owned by KSL and they have an agreement with the HOA to maintained it, and they would not agree to the change. 027 G:\WPDOCS\PC Minutes\12-14-04.doc 9 291 Planning Commission Minutes December 14, 2004 7. Commissioner Ladner stated it could be done it is just a problem of selling it to the HOA. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. Discussion followed regarding the look of the secondary access proposed. 9. Chairman Kirk suggested the access on Pomelo could be done and if it becomes impossible, it could be brought back. He would prefer there be no secondary access along Jefferson Street due to the potential blight problems. Assistant City Engineer Steve Speer stated it is the City's decision as to whether or not to allow the secondary access. It is a Council decision where the access will go. The City has already predetermined the access points along Jefferson Street. The Commission can recommend they continue to enforce this decision. Discussion followed regarding the tunnel. 10. It was moved by Commissioners Daniels to adopt Planning Commissioner Resolution 2004-102 recommending to the City Council approval of Tentative Tract Map 32751, as amended: a. Condition 8.A.1. third paragraph deleted b. Condition #17: timing on dedication C. Add a condition: Remove the emergency access along Jefferson Street as being an unnecessary intrusion of the traffic flow along Jefferson Street. If an emergency access be required, it shall be developed at Pomello at the end of the cul-de-sac. 11. City Attorney Kathy Jenson stated she has an issue with the deletion of the third paragraph as to why they would want to delete a requirement that takes care of damage outside the tunnel. 12. Chairman Kirk stated this was a staff recommendation. Assistant City Engineer Steve Speer stated short of taking the tunnel out, staff thought a reasonable alternative would be to fill it with slurry to the top. The applicant is adamantly opposed to having the continuing burden imposed on this project. It is a City Council decision as to whether it is deleted. 028 G:\WPDOCS\PC Minutes\12-14-04.doc 10 �(�O Planning Commission Minutes December 14, 2004 13. City Manager Thomas Genovese stated the concern of staff is that if the tunnel is removed, we have less concern. If it is a different type of repair, we do not want to place any obligation on the City if the tunnel is filled and not removed. 14. Commissioner Quill stated he does not believe there is any burden on the part of the property owners, HOA, Citrus Course, KSL, or anyone to operate, own, or maintain the tunnel. So if it failed it would be the City's responsibility. City Attorney Kathy Jenson stated it is an encroachment on a City street. Assistant City Engineer Steve Speer stated the City does have an Agreement. City Attorney Kathy Jenson apologized as she had not seen the Agreement, but she would not want see a condition changed that would modify an obligation that exists. Commissioner Quill stated to require them to remove the tunnel would be a waste of their funds and problems would result. City Manager Tom Genovese stated we are not adding any burden as it already exists. 15. Chairman Kirk asked if the Agreement was changing from who currently has it to Grove Partners, LLC. The public hearing was reopened. 16. Mr. Green, stated he has no knowledge of the Agreement. The applicant is opposed to assuming the liability. They are willing to work with staff to abandon the tunnel to ensure it will not fail, but the burden of filling it is impossible. 17. Commissioner Ladner asked if the Agreement was not transferred when the property was purchased. 18. Commissioner Quill stated that any agreement between the City and the landowners of both sides of the street at that time, would have had to have been assignable to all successors and assigns and would be the burden of the HOA and all the property owners within the Citrus and Mountain View as they are today. City Attorney Kathy Jenson stated that was a fair assumption, but she would recommended the condition remain which would give staff time to review and make a recommendation to the City Council. 19. Chairman Kirk closed the public hearing. 0,29 rp G:\WPDOCS\PC Minutes\12-14-04.doc 11 Planning Commission Minutes December 14, 2004 20. Commissioner Daniels amended his motion to not include the deletion of the third paragraph of Condition 8.A.1, subject to further investigation by the applicant and City Attorney. The motion was seconded by Commissioner Ladner. 21. Commissioner Quill asked that the City Council be made aware of their comments and desire for the existing Agreement be found. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Site Development Permit 2004-817: a request of Washington 1 1 1 L.T.D. for consideration of development plans for construction of three 13�c- retail buildings consisting of 5,270, 5,038, and 9,865 square fe bounded by Highway 1 1 1, Avenue 47, Washington Street and Ada Street (within Washington Park Commercial Center). Staff noted a chan_ in the conditions to combine Conditions #62 and 64. 1. Chair n Kirk opened the public hearing and asked for the staff report. incipal Planner Fred Baker presented the information contained i the staff report, a copy of which is on file in the Community D elopment Department. 2. Chairman Kirk ask if there were any questions of staff. Commissioner Daniels erified the Architecture and Landscaping Review Committee condi . ns are incorporated in the conditions. Staff stated yes. 3. Chairman Kirk asked if the app ant would like to address the Commission. Mr. Bill Sanchez, Wa ington 1 1 1, developer of the project, gave a description of the prof ct. 4. Chairman Kirk stated there appears to be a rive -through on Pad 4. Mr. Sanchez stated it is an open area similar the other buildings with a trellis. There will be no drive -through. 5. There being no further questions of the applicant, hairman Kirk asked if anyone else would like to address the Commi ion on this matter. There being none, the public participation por ' n of the hearing was closed and open for Commission discussion. 030 3 G:\WPDOCS\PC Minutes\12-14-04.doc 12 ATTACHMENT a14 0 ) RECORDING REQUESTED BY:9 CITY OF LA QUINTA ) ) P.O. BOX 1504 I LA QUINTA, CALIFORNIA 92253 ) o WHEN RECORDED MAIL TO: ) CITY CLERK P.O. BOX 1504 ) ` LA QUINTAr CALIFOR IA.92253 ) (Space Above Provided For Recorder) INDEMNIFICATION AGREEMENT FOR IMPROVEMENT BENEATH PUBLIC,RIGHT-OF-WAY Landmark Land Company of California, Inc., a Delaware corporation, ("Developer") desires to construct an underground tunnel to provide access to its two adjacent parcels by traveling underneath the street grade of the public right-of-way identified as "Jefferson Street" located in the City of La Quinta ("City") in Riverside County, California. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. one of Improvement. Developer shall construct an underground tunnel which will be improved as a golf cart crossing between the Citrus Golf Course and Grove Golf Course (the "Improvement Area"). A legal description of the Improvement Area is attached hereto as Exhibit "A" and incorporated herein by this reference. The Improvement Area shall be used for the purpose of travel by pedestrians, golf carts, vehicles related to maintaining, repairing and replacing the Improvement Area, and other vehicles used in conjunction with the Citrus and Grove Golf Courses. Use of the Improvement Area shall be limited to the vehicles described herein and shall not be for general vehicular access. 2. Obligation to Maintain..repair and Revlage. Developer, its heirs, successors, and assigns shall have the affirmative obligation at all times to cause the Improvement Area including, but not limited to, the tunnel structure, to be maintained, repaired, and replaced in a safe and sanitary condition. Such obligations shall include, but are not limited to, keeping the Improvement Area free from weeds, debris and obstructions, repairing damage due to the elements and ordinary wear, and replacing the surface of the Improvement Area as necessary.. 43911. 8 3. Assumption of Liability and Indemnification. Developer hereby assumes all liability with respect to the Improvement Area including, but not limited to, the tunnel structure, and hereby agrees to protect, defend, indemnify and hold harmless Grantor against and from any and all loss, damage or liability, including attorneys' fees, on account of any, all and every demand or claim arising from the construction, maintenance or repair of the Improvement Area. Notwithstanding the above, said assumption of liability for the Improvement Area shall effect. locatedtdirectlyliability with respect to the public street improvements above the Improvement Area. 4. Entire --Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein.assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect except a subsequent modification in writing, signed by the party to be charged. 5. Attorneys' Fees. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 6. Notices. Any notice to be given hereunder by either of the parties hereto to the other may be personally delivered or may be deposited in the United States mail, registered or certified, postage prepaid, return receipt requested, addressed to the party to whom intended as follows: CITY OF LA QUINTA 78-105 Calle Estado La Quinta, CA 92253 ATTN: Ron Kiedrowski LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware orporation 78-140 Cal a Tampico La Q 3 AT 08-14-90 7980n/2588/00 -2- �� 4397.1� 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. a - APPROVED AS TO FORM: I/P.- - v SAL'a'a 01 j 11 a DAWN C. HONEYWELL, City Attorney CORPORATE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE CITY: CITY OF QUINTA .�:►. ifs .. DEVELOPER: LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware corporation / : Its No. = On this the .3 ±.Way of NOVRMRRR 19-AII, before me, SS. DEBORAH S. DE RENARD the undersigned Notary Public, personally appeared JOHN J. PENA`AND SAUNDRA L. JUHOLA AND DAWN C. HONEYWELL N personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor, MAL ity Clerk and City Attorney or on behalf of the corporation therein noun ban �IMM named, and acknowledged to me that the corporation executed it. IyOpiM,omwWw 1!!t WITNESS my hand and official seal. Notary's Signature .&W 1� NATIONAL NOTARY ASSOGATION 0 2=2 V*Mura OW. 0 P.O. Box 4025 • Woodand HINt, CA 91364 439718 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE On this day of 19.M, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Chairman of and acknowledged to me that said Agency executed it. WITNESS my hand and official seal. (SEAL) STATE OF CALIFORNIA ss. COUNTY OF RIVERSIDE On this 22nd day of October , 19 90, before me, the undersigned,.a Notary Public in and for said State, personally appeared Gary Kerney , personally known to me (or proved to me on the basis of satisfactory evidence) to person who executed this instrument as the Vice President of LANDMARK LAND COMPANY OF CALIFORNIA, INC., a Delaware corporation, and acknowledged to me that said corporation executed it. WITNESS my hand and official seal. ( SEAL ) OFMAL SEAL ANDREA MERRILL-MOSS NOTARY /USI.IC-MWORMA •�� PRMWAL OFFICE N j NVERS" COUNTY wy cewmwew tow" NOV. 5.1993 ; 08-14-90 7980n/2588/00 ./ i -4- 439718 EXHIBIT "A" LEGAL DESCRIPTION OF IMPROVEMENT AREA (To Be Attached) 08-14-90 7980n/2588/00 -5- 0 3 5 �:�� t 434'7'! 8 EXHIBIT A , GOLF TUNNEL LOCATION CITY BEING A PORTION OF SECTIONS 4.AND 5, TOWNSHIP 6 SOU , RANGE 7 UINTA, EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CIQ COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID LOCATION BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, BEGIN NING AT A' POINT ON THE CENTERLINE OF JEFFERSON STREET, AS SHOWN ON TRACT NO. 24889, IN SAID CITY, COUNTY ANDSTATE, OFFILED FICE Off' IN BOOK 210 PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, I THE COUNTY RECORDER OF SAID COUNTY. SAID POINT BEING SOUTH EAST 1/4 00°12'4.7" EAST, 53.83 FEET ALONG SOWN ID EON ERLINE FROM THE SAID TRACT NO 24889, CORNER OF SAID SECTION 51 AS HEREINAFTER_ REFERRED TO AS POINT 'A'; THENCE NORTH 8SA4D,JEFFERSON 60.00 FEET TO THE ULTIMATE EASTERLY RIGHT -OF STREET; THENCE FROM SAID POINT 'A' SOUTH 890 47 t 1STREETT SHOWNFEET TO THE WESTERLY RIGHT-OF-WAY OF SAID JEFFERSON SAID TRACT NO. 24889. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. Y1.0. 326- MC 050 REV SEPT 25, 1990 JULY 10, 1990 G.F.L. �1 dORSE CONSULTING GROUP PLANNING v FJVGWEERJNG • SURVEYING ero rnatmanplaw N+�llo. s '�� olomill? . Fnxh14)m.?.,o 0 ry 3 6 EXHIBIT 'B' C-A ar. mac. 'S, T&5., R.7e, 56.15lAi . y♦ aC� Y3 439718 &�MORSE CONSUMNG GROUP rL4MFNM • �cMr c • st�vFt7nrc «�w,..w►tt� 3 0' 037 439'71 s EXHIBIT 'A' GOLF TUNNEL LOCATION LEGAL DESCRIPTION BEING A PORTION OF SECTIONS 4 AND 51 TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID LOCATION BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE CENTERLINE OF JEFFERSON STREET, AS SHOWN ON TRACT NO. 248891 IN SAID CITY, COUNTY AND STATE, FILED IN. BOOK 210 PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID POINT BEING SOUTH 0001214711 EAST, 53.83 FEET ALONG SAID CENTERLINE FROM THE EAST 1/4 CORNER OF SAID SECTION 51 AS SHOWN ON SAID TRACT NO 24889, HEREINAFTER REFERRED TO AS POINT 'A'; THENCE NORTH 8904711311 EAST, 60.00 FEET TO THE ULTIMATE EASTERLY RIGHT-OF-WAY OF SAID JEFFERSON STREET; THENCE FROM SAID POINT 'A' SOUTH 89,04711311 WEST, 60.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID JEFFERSON STREET, AS SHOWN ON SAID TRACT NO. 24889. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. LAHo Jt� yp� GLENN F. LAKE JL�F.AKEA57 EXP 1UNE 30,1992 * N0.5793 s�q W.O. 326- TFOF CA0 MC 050 REV OCT. 22, 1990 JULY 10, 1990 G.F.L. ft!&OIZE CONSUL17NG GROUP NN. F.WINEE uMG . sunlEVI NG WWW.� (,1,»��Ia . PAX(714)IWI o 31.0 038 EXHIBIT V rho y.,1Q 7 e, 5d. 6 iM�. 11a0' fit- �0 N� byIf 439'718 I� �MORSE CONSULTING GROUP PWrU WG • ENGINEERM • StMKIING Nmnw ""W, to nvwtt► aaaMw tttpnrnt tA�t�yta�gn HL(.. 050 311 DECEIVE a D r "j JAN Iri-l C04UNTY g NT OEPA NT Martin Magana January 3, 2005 City of La Quinta Community Development Department Dear Martin: Grove Partners LQ, LLC requests that our approval for Tentative Tract 32751 not be brought before the scheduled meeting of the City Council on January 4" 2005. Grove Partners LQ LLC would like to ask for. a continuance of bringing our project before the City Council. We ask that the approval for Tentative Tract 32751 be brought before the City Council at their January 18 2005 meeting. Thank you, S. uddy ar artner Cc: Jim Olson Tony Shepherd T 0 4tT444" COUNCIL/RDA MEETING DATE. January 4, 2005 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution for Approval of Proposals and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant Funds for FY 2005-2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $200,000 for FY 2005-2006 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements, i.e. public facility improvements on Calle Tampico ($170,000), within Redevelopment Project Area 1. FISCAL IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (H.U.D.) of the County of Riverside Urban County CDBG monies, the City will be eligible for approximately $200,000 in funds for the project(s) identified in the Resolution. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CDBG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate -income families, the elderly or handicapped; or aid in the elimination of slums or blight. Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate -income persons. The percent of CDBG funds allowed each year for these activities are limited by S:\CityMgr\STAFF REPORTS ONLY\Ph 2 CDBG.doc 312 formula. The maximum allowable dollar amount this year is $30,000 for La Quinta. The City proposes to allocate the maximum allowable dollar amount ($30,000) for public service activities to the Boys and Girls Club of the Coachella Valley, La Quinta Unit, to continue the Membership Fee Waiver/Reduction Program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club is the only public service agency to submit an application for consideration this year. An estimated amount of $170,000 is requested to be allocated to the City for public facility improvements, i.e. installation of sidewalk, garden wall, landscaping, lighting and irrigation systems, along approximately 200 feet on the north side of Calle Tampico, and installation of catch basins and connector pipe to correct drainage on Calle Tampico from Avenida Bermudas to the Civic Center parking lot (Attachment 1). The project meets the national objective for the utilization of CDBG funds to eliminate slums and/or blight and can be funded with the CDBG allocation. The project also meets the criteria for eligibility of eliminating slum or blighting influences as documented in the City Redevelopment Plan for Project Area No. 1. The purpose of this hearing is to review and comment on all proposals, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The Council's final decision on the use of funds must be reached at the close of tonight's public hearing in order to meet EDA and HUD submittal deadlines. The City will submit "Entitlement Funds Project Application Forms" to EDA. EDA submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and projected Use of Funds" to HUD for final approval of CDBG funds for FY 2005-2006. The City received the following grant applications for funding, and copies of the requests are available in the City Clerk's Office: PUBLIC IMPROVEMENT REQUESTS: Agency Amount Purpose City of La Quinta $170,000 Public Facility Improvement; i.e. installation of sidewalk, garden wall, landscaping, lighting and irrigation systems, along t 200 feet north side of Calle Tampico; and installation of catch basins and connector pipe to correct drainage on Calle Tampico from Avenida Bermudas to the Civic Center parking lot. 313 S:\CityMgr\STAFF REPORTS ONLY\Ph 2 CDBG.doc PUBLIC SERVICE REQUESTS: FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $200,000, for FY 2005-2006 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements on Calle Tampico ($170,000) within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $200,000, for FY 2005-2006 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements on Calle Tampico ($170,000) within Redevelopment Project Area 1; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. Approved for submission: yy Thomas P. Genovese, City Manager Attachment: 1. Location of proposed public improvements 314 S:\CityMgr\STAFF REPORTS ONLY\Ph 2 CDBG.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2005-2006 WHEREAS, the Community Development Block Grant Funds for FY 2005- 2006 will be approximately $200,000 to begin July 1, 2005; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and, WHEREAS, a public notice was published on December 10, 2004, announcing the availability of funds, requesting proposals, and public hearing dates; and, . WHEREAS, the merits of all proposals were openly discussed and considered; and, WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME SPONSOR AMOUNT 1. Public Facility Improvements along of Calle Tampico City of La Quinta $170,000 2. Fee Waiver/Reduction Program Boys & Girls Club $30,000 La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1 . That the City of La Quinta does hereby select the above named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. 3. If there is a shortfall in funding, the City Council directs the City Manager to request'the County to increase the City's public service cap in order to fully fund public service approved applications. 315 SACity Clerk\Resolutions\CDBG Reso 2005-2006.doc City Council Resolution No. 2005- Community Development Block Grant Adopted: January 4, 2006 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4" day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: JUNE S. GREEK, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California SACity Clerk\Resolutions\CDBG Reso 2005-2006.doc 316 Calle Tampico I N PROJECT LOCATION MAP rW-" , AAF c I " I 317 1.1. h� 1 Tr Fo ��� • I �y 4z rl WERE j fur •:- e j -4" --1- - _' - - — - - — - - — — - - _ �■ •j JEFFERSO .■ �► _ = i _ —� _ �■ ■ >_ ■ EFFERS I J._, m oo `� �-=� � ■ 7 r7 �� fp II! �I Ill I '�; � ' -' 1=�..�,� I I ■ 1 j ( � ( _ a- i MADISON ILL, It LITE �- I rn IT w -r I n i ■ I I I I Wi h � l VI., li ■ HARRISON � � � '---.. _. _-tom---_I-------1�'--�._— �i ; `-` ��5'►� �? I � �j.; l;/; i - I T LERBe PO { _-— ----- INS I i ' �•'�"��� it ; I 1 ! I I / I I I $ y C a $ A .• N m fb .� b . y a � 0-4 own � � and flam �. G� • '� r. fA r. i to r. A •'a'. r� e or IScm y W y C Novo Novo Li 8 r r 9 o z Ip