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CC Resolution 2007-049RESOLUTION NO. 2007-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, OVERTURNING CONDITION NOS. 22 AND 26 OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2007-881, ALLOWING DEVELOPMENT OF 57 SINGLE-FAMILY HOMES AND ASSOCIATED LANDSCAPING AT THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 60 CASE NO.: SITE DEVELOPMENT PERMIT 2007-881 - APPEAL APPLICANT: R. T. HUGHES CO., LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15T" day of May 2007, hold a duly noticed Public Hearing to consider an appeal by R.T. Hughes Co. LLC, regarding Conditions Nos. 22 and 26 of Planning Commission Resolution 2007-015; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10T" day of April, 2007, hold a duly noticed Public Hearing to consider the request of R.T. Hughes Co. LLC for review of a Site Development Permit to allow the construction of 57 single-family homes on 22.97 acres located at the southwest corner of Madison Street and Avenue 60, more particularly described as: APN 766-110-016 WHEREAS, the Architecture and Landscaping Review Committee for the City of La Quinta did, on the 4" day of April, 2007, at a regular meeting, recommended approval of the proposed project, by adoption of Minute Motion 2007- 009, subject to Conditions of Approval; 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 find the following facts and reasons to justify overturning Condition Nos. 22 and 26 of the approval of the Planning Commission action on said Site Development Permit: 1. The proposed water feature will utilize a non -potable irrigation water source. 2. According to the applicant, the landscaping plan as currently proposed is consistent with the Coachella Valley Water District water efficiency landscaping requirements. Resolution No. 2007-049 Site Development Permit 2007-881 - Appeal R.T. Hughes Co. LLC Adopted: May 15, 2007 Page 2 3. The proposed turf and water feature provide for an important aesthetic to the main entrance and frontage for Tentative Tract Map 33597 (Malaga Estates). 4. The proposed Site Development Permit is consistent with previously approved Tentative Tract Map 33597. 5. The proposed Site Development Permit, as conditioned, is consistent with and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby overturn the approval of Condition Nos. 22 and 26 of the Planning Commission decision approving Site Development Permit 2007-881 for the reasons set forth in this Resolution; 3. That Condition Nos. 22 and 26 shall be struck from the Conditions of Approval for Site Development Permit 2007-881; 4. That an additional Condition of Approval shall be included requiring the water feature to utilize non -potable irrigation water. PASSED, APP?OVED, and ADOPTED at a regular meeting of the La Quinta' City Council, held on the 15Tl' day of May 2007, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, or City of La Quinta, California Resolution No. 2007-049 Site Development Permit 2007-881 - Appeal R.T. Hughes Co. LLC Adopted: May 15, 2007 Page 3 ATTEST: VERONICA J. City of La Qul (CITY SEAL) 7ATECINO, CMC, City Clerk , California APPROVED AS TO FORM: M. KATH RINE JENSO City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2007-049 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-881 R. T. HUGHES CO. LLC MAY 15, 2007 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 Site Development Permit. 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. 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: o Fire Marshal o Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Y Riverside Co. Environmental Health Department o Coachella Valley Unified School District • Coachella Valley Water District (CVWD)/Bureau of Reclamation o Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) Y SunLine Transit Agency o 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. 3. 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. Resolution No. 2007-049 Conditions of Approval - FINAL Site Development Permit 2007-881 - FIT Hughes Co. LLC May 15, 2007 Page 2 LANDSCAPING 4. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 5. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas, 6. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 7. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 8. 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 9. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 10. 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. 11. 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. Resolution No. 2007-049 Conditions of Approval - FINAL Site Development Permit 2007-881 - FIT Hughes Co. LLC May 15, 2007 Page 3 12. 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 13. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 14. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. In particular, the applicant shall provide language in the CC&Rs for continuous and perpetual maintenance by the HOA of the landscaped slope easement along Madison Street. FEES AND DEPOSITS 15. 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. 16. 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). COMMUNITY DEVELOPMENT DEPARTMENT 17. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names to be approved prior to recordation of final map. 18. All mitigation measures contained in Environmental Assessment 2005-541 shall be met. Resolution No. 2007-049 Conditions of Approval - FINAL Site Development Permit 2007-881 - PIT Hughes Co. LLC May 15, 2007 Page 4 19. All conditions of approval for Tentative Tract Map 33597 apply to this approval. 20. No building permit shall be issued under this approval prior to recordation of Tract Map 33597. LANDSCAPING AND ARCHITECURE 21. The final landscaping plans for the slope adjacent to Madison Street shall include an access easement for maintenance of slope landscaping. 22. The final landscaping plans for the slope adjacent to Madison Street shall include noise and retaining wall designs, the wall at the Madison Street right of way, and a complete landscaping plan for this area, to be submitted, reviewed and approved prior to issuance of building permits. 23. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project, including perimeter landscaping. 24. Final plans for the corner treatment shall be submitted for review and approval by the ALRC and Community Development Director when the design for Madison Street has been finalized. The corner treatment shall be amended to provide a dramatic focal point. The final plans shall include a multi -use trail either on Madison Street or on Avenue 60. 25. Final landscaping for the individual front yards shall be redesigned to include minimal turf areas, berms, rock and boulder groupings, a "no turf option," and similar features to improve the design and provide a semi -custom look for the individual lots. 26. At a minimum, bench seating to accommodate at least 6 people shall be provided, under shade trees, in the central open space area opposite the entry. 27. Tile roofing shall be 2-part clay S-tile, with a random, hand -mudded finish. 28. Stucco finishes for the homes and perimeter walls shall be either smooth or hand -troweled finish. Resolution No. 2007-049 Conditions of Approval - FINAL Site Development Permit 2007-881 — FIT Hughes Co. LLC May 15, 2007 Page 5 29. The perimeter wall shall include pilasters at a separation not exceeding 50 feet on Madison Street, at all points where lot lines terminate on Avenue 60, and at property corners in all other locations.