1985 07 09 PCIC
AGENDA
PIANNING O M4ISSICN - CITY 6F IA QUDM
A Regular Meeting to be Held at the La Quinta
City Hall, 78-105 Calle Estado, La Quinta,
California
July 9, 1985
A. Flag Salute
2. ROLL CALL
7:00 P.M.
3. ELECTION OF NEW CHAIRPI.N AND VICE-CHAIRMAN FOR PLANNING COM`4ISSION'
4. HEARINGS
A. Develop mot Agreement No. 85-001, a request by The Grove of La Quinta
to enter into a developent agreement pursuant to Section 65854 et seq.
of the California Government Code, relative to Specific Plan No. 84-0041
which was approved by the City Council on November 20, 1984.
1. Report from Staff.
2. Notion for Adoption.
5. CONSENr CALENDAR
A. Minutes of the regular meeting of June 11, 1985.
6. BUSINESS
A. Plot Plan No. 85-178, a request to construct a single-family dwelling
on the west side of Avenida Madero, 130' north of Calle Colima;
Rick Johnson Construction, Applicant.
1. Report from Staff.
2. Motion for Adoption-
B. Plot Plan No. 85-179, a request to construct a single-family dwelling
on the west side of Avenida Madero, 180' north of Calle Colima;
Rick Johnson Construction, Applicant.
1. Report from Staff.
2. Notion for Adoption-
C. Plot Plan No. 85-184, a request to construct a single-family dwelling
on the east side of Avenida Herrera, 100' south of Calle Chillon;
Rick Johnson Construction, Applicant.
1. Report from Staff.
2. Notion for Adoption-
D. Plot Plan No. 85-185, a request to construct a single-family dwelling
on the east side of Avenida Herrera, 150' south of Calle Chillon;
Rick Johnson Ooistruction, Applicant.
1. Report from Staff.
2. Motion for Adoption.
6. ADJOURNMENT
ITEM NO.
DATE
PLANNING COMMISSION MEETING
RE:
e
J
MOTION BY: BRANDT
DE GASPERIN MORAN THORNBURGH
q SECOND BY: BRANDT
DE GASPERIN ING THORNBURGH
I
DISCUSSION:
OLL CALL
CO^!MISSIONERS:
AYE NO ABSTAIN ABSENT PRESENT
BRANDT
-
DE GASPERIN
-
MORAN
LIZ-
VALLING
-
THORNBURGH
-
UNANIMOUSLY ADOPTED:
YES NO
ITEM NO. �.
DATE
PLANNING COMMISSION MEETING
RE:
MOTION BY: BRAbW DE CASPERIN C
GI
IX.SECOND BY: BRAS �P=
U DISCUSSION/:
L'I, l !!- . /,.,L, x i
ROLL CALL VOTE:
COMMISSIONERS:
UNANIMOUSLY ADOPTED:
AYE NO
YES
ABSTAIN
NO
amm
ABSENT
PRESENT
® //0 �J
ITEM NO. `74• 14.
DATE
PLANNING COMMISSION MEETING
e
MOTION BY: BRANDT DE GASPERIN MORAN WALLING THORNBURGH
SECOND BY�DE GASPERIN MORAN KU.LING. THORNBUR3H
DISCUSSION: L,U
ROLL CALL VOTE:
COMKISSIONERS: AYE NO ABSTAIN ABSENT PRESENT
BRANDT —
DE GASPERIN —
MORAN —
WALLING —
THORNBURGH —
UNANIMOUSLY ADOPTED: YES NO
MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Chairman and Members of the Planning Ccrudssion
From: Camunity Development Department
Date: July 9, 1985
Subject:
DEVEIpPMENT AGREEMENT NO.
85-001
Lccation:
Generally Between Avenues
48 and
50 & Washington and Jefferson Streets
Applicant: The Grove of La Quinta
Request: Zb Enter Into a Development Agreement Pursuant to Government Cade
Section 65864 for the Development Project Approved as Specific Plan
No. 84-004.
1. General Plan
a. Site: A planned development pursuant to Specific Plan No. 84-004 authorizing
up to 1500 residential units on approximately 320 acres; two, 18-hole golf
courses on approximately 305 acres; and a country club on approximately 28
acres with tennis, swimming and dining facilities and 80 guest cottages for
hers and outside guests.
b. Surrounding Area: Medium Density Residential (5 to 10 units per acre) and
Low Density Residential (3 to 5 units per acre) to the west and north; City
of Indio to the east; Low Density Residential (3 to 5 units per acre) and
very Low Density Residential (3 or less units per acre) to the south.
2. zoning
a. Site: The zoning for the site is I2-2-20,000/PD (Multiple Family Dwellings,
20,000-Square-Feet Net Lot Area Per Dwelling Unit, Planned Residential
Development).
b. Surrounding Area: R-l* (One Family Dwelling with 1200-Square-Foot Mininuan
Dwelling Size), R-2*-8000 (Multiple Family Dwelling with 1200-Square-Foot
Minimm Dwelling Size and 4000-Square-Foot Minimum Lot Size) to the west;
R-2-9600 (Multiple Family Dwelling with 9600-Square-Foot Net Lot Area Per
Dwelling), R-2-2500 (Multiple Family Dwelling, 2500-Square-Foot Net Lot
Area Per Dwelling), R-5 (Open Space Combining Zone), A-1-10 (Light
Agriculture Camion, 10-Acre Minimiun Lot Size), R-2-12,000 (Multiple Family
Dwelling, 12,000 Square -Foot Net Lot Area Per Dwelling), R-1-12,000 (One
Fanny Dwelling, 12,000-Square-Foot Minimum Lot Area), R-2-8000 (Multiple
Family Dwelling, 8000-Square-Foot Miniumun Lot Area Per Dwelling) to the
south.
STAFF REPORT - PLANNING C M IISSION
July 9, 1985
Page 2.
3. Existing Conditions: The project is located on a site nearly 700 acres in size.
The majority of the site is characterized by a varied sandy dune topography with
dunes reaching a height of nearly 40 feet. The site is subject to hazards
associated with blowsand areas. Existing native vegetation includes mesquite,
creosote bush, Russian Thistle and London Rocket, in addition to existing induced
citrus tree orchards.
The site is also considered to be habitat area for the Coachella Valley Fringe -
Toed Lizard, a rare and endangered species.
Avenue 50, Jefferson Street and Washington Street, along the perimeter of the
project, are improved as two, -lane, paved streets. The Avenue 48 right-of-way is
not improved. The Adarns Street right-of-way through the site has been previously
vacated by the County. Both Adams Street (improved) and Dune Palms Road (unimproved)
proceed northward from the site towards Highway 111. A traffic signal now exists
at Eisenhower Drive and Washington Street adjacent to the site.
Water and sewer services can be provided to the site by existing lines from
existing CVWD facilities in the vicinity. CVWD has stated that the temporary
sewage treatment facility has adequate capacity to serve the project at this
tine. Electric service is currently available at the site through Imperial
Irrigation District, but the Marshall Street Substation near the site is currently
operating at or above design capacity. A new substation on Avenue 52, easterly of
Jefferson is nearing completion.
4. Errvironmental Assessment: EIR No. 90 was certified by the County of Riverside
for the previous specific plan (i.e., Specific Plan No. 127-E) which enocapassed
a more extensive development proposal than that which was approved under the
current revised specific plan. An EIR Addendum was prepared to consider minor
technical changes and certain environmental factors that have been slightly
altered from the previous EIR. Mitigation measures from the EIR and Addendum,
where appropriate, were included as conditions of approval in the specific plan.
The EIR and Addendum were reviewed for adequacy and certified by the La Quinta
City Council on November 20, 1984.
5. Project Description: The Applicant is requesting that the City enter into a
development agreement relative to Specific Plan No. 84-004. A copy of the proposed
development agreement is attached for your review. The proposed agreement would be
in effect for ten years, would be subject to annual review, and would provide for
an annual payment of $40,000. The purpose of the agreement is to obtain certain
assurances from the City concerning zoning, policies, and other regulations to add
certitude to the Applicant's long-range planning and financial commitments. The
proposed agreement incorporates the previous City approvals and related conditions
including the phasing of various public improvements, within its text and strengthens
the developers commitment to the project.
STAFF REPORT - PLANNING CCMISSION
July 9, 1985
Page 3.
6. Other Actions
a. Specific Plan No. 84-004, a major revision to the previous specific plan
approved by Riverside County in 1979, allowing a maximum of 1500 dwelling
units; two, 18-hole golf courses and a country club with 80 guest cottages.
b. Change of Zone Case No. 84-014, a change to R-2 to bring the zoning into
cacpliance with the specific plan.
c. Parcel Map No. 20469, to divide the site into 17 parcels to facilitate
phased development.
STAFF COfy04TS AND ANALYSIS
California Government Code Section 65854 et seq. (copy attached) provides the
authority for a local agency (i.e., the City of La Quinta) to enter into a
development agreement with a developer. As stated in the law, the basic purposes
of a developrent agreement are to:
° Eliminate uncertainty associated with project approvals so that
resources can be committed and used in an efficient manner.
° Assure an Applicant that he can proceed based on existing rules,
regulations and conditions of approval, thereby strengthening
comprehensive planning and reducing costs of development.
° Foster the development of public facilities needed to support
new housing.
The Oanrnuuty Development Director and City Attorney have been meeting with repre-
sentatives of The Grove concerning the proposed development agreement. Numerous
modifications have been made to the originally suknitted draft and the attached
development agreement is the product of that review process.
The proposed developrent agreement includes the following significant features:
° Incorporation, by reference, of the Specific Plan and its related
conditions of approval.
° Establishing that setbacks, minimum lot sizes, lot coverage and
building height regulations now in effect will apply for the life
of the project.
° Establishing that the General Plan now in effect will apply for the
life of the project.
° Establishing that no roads will be required beyond those already
required by the Specific Plan and parcel map.
STAFF REPORT - PLANNING CODT4iSSION
July 9, 1985
Page 4.
° Acknowledging that the already adopted conditions, fees, changes and
dedications are corrprehensive and shall not be added to - except where
changes in conditions, fees, etc., are generally applicable to all
similarly situated developers.
° Establishing that improvament and construction standards, building codes
and development fees now in effect will apply, except where changes are
for health and safety reasons or where generally applicable to all
similarly situated developers.
° Acknowledging that certain design and site planning reviews still need
to be performed.
° Providing for the state mandated annual review and amendment/cancellation
clauses.
° Providing for an annual fee of $40,000.
° Establishing various default procedures, legal remedy mechanisms and
related technical features.
° Termination of the agreement on December 31, 1995.
Subsequent discussion with the Applicant has resulted in concurrence that Section
23 of the agreement (relating to attorney's fees) should be deleted.
In general, the proposed develop rot agreement provides advantages for both the
City and the Applicant. The Applicant receives a certainty that various regulations
and approvals, particularly general plan and zoning, will remain in effect for the
life of the project. This allows them the opportunity to plan in a reliable manner
for the duration of the project and to know that financial commitments will yield
their desired results. The City has, within the agreement, retained the ability to
modify certain regulations, fees and related requirements provided that they are
applicable to all like developers. For exanple, the adoption of new building codes
or changes in the infrastructure fee program would be allowed provided that everyone
will be equally subjected to them. In addition, the costly public improve ants
(i.e., roads, waterlines, sewer lines, power lines, etc.) are more likely to occur
with this agreement because the developer can have more confidence in proceeding
with these major commitments knowing that the associated development will be able
to occur as planned. Of course, the annual payment, the annual review and the
ten-year time limit can provide some inpetus to progress with the project rather
than "sitting on" or speculating on the development approvals.
It should be evident that the principal beneficiary of a development agreement is
the developer and this is what was envisioned when this opportunity was provided
for in the law. Nevertheless, these agreements are not one-sided arrangements and
the proposed agreement certainly provides significant protection for the interests
of the City. The Commission should be aware that it may recommend revisions to the
proposed development agreements if it determines that such are necessary.
STAFF REPORT - PLAfINING M IISSION
July 9, 1985
Page 5.
As required by law, the City has established procedures and requirements for the
consideration of development agreements (Resolution No. 84-22, copy attached).
This establishes hearing, notice and related procedures and authorizes the
Planning Ccmission to conduct a hearing and prepare its recomiendation to the
City Council. The Ccmdssion is particularly charged with making various findings
relative to the development agreement. These relate to:
° General and specific plan consistency
• Zoning compatibility
° Health, safety and welfare considerations
° orderly development and good land use practice
considerations
It should be evident fran the text of the development agreement and its
associated exhibits that the agreement will be consistent with the adopted
general and specific plans which are applicable to the property. Of course,
these are naturally campatible with both the site and surrounding area zoning
and the existing and expected land uses in the area. These were major considera-
tions in the previous project reviews and have been subjected to extensive public
debate in the past (including a recent special election).
1. The proposed development agreement is consistent with the objectives, policies,
general land uses and programs of the La Quinta General Plan and Specific Plan
No. 84-004.
2. The land uses authorized and regulations prescribed for in the development
agrement are compatible with the zoning and its related regulations now
applicable to the subject property.
3. The proposed development agreement conforms with public convenience and the
general welfare by providing for extensive public improvements and conforms
to good land use practice by encouraging long-range, comprehensive approach
to development of a major 700-acre land holding.
4. Approval of this development agreement will not be detrimental to the health,
safety and general welfare since adequate provision has been made in previous
City approvals to provide for necessary and desirable improvements and since
those approvals are incorporated herein.
5. Approval of this development agreement will not adversely affect the orderly
development of the subject or surrounding property nor the preservation of
area -aide property values, but rather will enhance then by encouraging planned,
phased growth.
2
STAFF REPORT - PLANNING 00DMSSION
July 9, 1985
Page 6.
6. Consideration of this development agreement has been accomplished pursuant to
California Government Code Section 65864 et seq. and City of La Quinta Resolution
No. 84-22, which govern development agreements.
Based upon the above findings, the Community Development Department recommends
approval of Development Agreement No. 85-001, with the deletion of Section 23
(relating to attorney's fees) .
Lawrence L. Stevens
Community Development Director
LLS:dmv
Atchs: 1. Development Agreement
2. Government Code Section 65864 et seq.
3. Resolution No. 84-22
1
RECORDED AND REQUESTED BY:
THE CITY OF LA QUINTA
73-105 Calle Estado
La Quinta, California 92253
Attention: Mr. Jim Longtin
City Attorney
FOR RECORDER'S USE ONLY
DEVELOPMENT AGREEMENT
This Development Agreement is entered into this day
of 1985 by and between the City of La Quinta (the "City"), a
municipal corporation of the State of California, and The
Grove of La Quinta, a California limited partnership ("The
Grove").
RECITALS:
WHEREAS, due to the lack of certainty in the approval of
development projects, there can result a waste of resources,
an escalation in the cost of housing, a discouragement in
investment and commitment to comprehensive planning which
would make maximum effective utilization of resources at the
least economic cost to the public; and
WHEREAS, California Government Code Sections 65864 et
seg. were therefore enacted authorizing local agencies to
enter into binding development agreements with persons having
legal or equitable interes-s in real property for the
development of such property; and
1
WHEREAS, pursuant to Section 65865 thereof the City has
adopted rules and regulations establishing procedures and
requirements for consideration of development agreements; and
WHEREAS on November 20, 1984, the City Council approved
Specific Plan No. 84-004 (the "Specific Plan") permitting
development of The Grove Project (as hereinafter defined); and
WHEREAS, a substantial amount of time, effort and
coordination was expended by the City's staff. the City
Council, and the various governmental agencies of the City to
develop the Specific Plan. The entire development proposed
for The Grove Project was reviewed extensively with
particular regard devoted to the phasing of construction and
its effect on public facilities. These issues were addressed
in the Environmental Impact Report No. 90 and addendum
thereto (the "EIR") and the Specific Plan after thorough
study by the appropriate agencies. The City deems the
incorporation of the Specific Plan in this Development
Agreement and :ts implementation to be the public's best
interests; and
WHEREAS, The Grove has requested the City to enter into
a development agreement pursuant to Government Code Sections
65864 et sect.; and
WHEREAS, in the light of the substantial commitments
required to be made by The Grove pursuant to the Specific
Plan and in exchange for the consideration to be provided to
the City as set forth herein, the City desires to give The
q
Grove assurance that The Grove may proceed with The Grove
Project, as described in the Specific Plan, subject to
certain existing official policies, rules and regulations for
the term of this Development Agreement; and
WHEREAS, the City Council has found that this
Development Agreement is consistent with the General Plan for
the City and with the Specific Plan, and that The Grove has
taken all necessary proceedings and steps in accordance with
the City's rules and regulations for its approval; and
WHEREAS, on
adopted Ordinance No
1985 the City Council
approving this Development
Agreement with The Grove and that ordinance took effect on
1985.
NOW, THEREFORE, with reference to the foregoing
recitals, and in consideration of the mutual promises,
obligations and covenants herein contained, the parties
hereto agree as follows:
1. Specific Plan Incorporated By Reference. The
Specific Plan, adopted by resolution by the City Council on
November 20, 1984, is hereby incorporated herein by reference
as though set forth herein in its entirety. In the event of
any conflict between the provisions of the Specific Plan and
the provisions of this Development Agreement, the provisions
of this Development Agreement shall prevail.
2. Description of Property. The real property (the
"Property") which is the subject of this Development
3.
Agreement is generally bounded on the north by 48th Avenue,
on the south by 50th Avenue, on the east by Jefferson Street
and on the West by Washington Street in the City and consists
of approximately seven hundred (+ 700) acres, as more
particularly described in Exhibit "A" attached hereto and
incorporated by reference herein.
3. Interest of Property Owner. The Grove hereby
represents to the City that it is the record owner of the
Property.
4.• Relationship of Parties. It is understood that the
contractual relationship between the parties created
hereunder is that The Grove is an independent contractor and
not an agent of the City.
5 Development of the Property.
l Specific Plan, Parcel Map, and PRD. The City
shall have the right to control development of the Property,
and The Grove s`;all have the right to develop the Property,
in accordance with the provisions of (i) the Specific Plan,
(ii) Parcel Map 20489 (the "Parcel Map") recorded on
at Pages of the Book of Maps in the Office
of the Recorder of Riverside County, and (iii) the Change of
Zone Case 84-014 (the "PRD"), which became effective on
January 3, 1985. The City shall allow construction of one
thousand five hundred (1500) residential units, two eighteen
(18) hole golf courses and a country club on the Property,
together with clubhouse, tennis, swimming and dining
4.
facilities and eighty (80) quest cottages for members and
outside quests in accordance with said project approvals
(collectively, "The Grove Project"), subject to the
Conditions of Approval (as hereinafter defined). The parties
hereto agree that The Grove may construct up to five hundred
(500) residential units per year, in addition to the other
foregoing improvements which may be constructed at any time.
The parties hereby agree that set backs, minimum lot sizes,
lot coverage and building height provisions in effect as of
the date of this Development Agreement shall control
construction of the foregoing project improvements.
5.2 General Plan. The City shall have the right
to control development of the Property, and The Grove shall
have the right to develop the Property, in accordance with
the General Plan in effect as of the date of this Agreement.
The City hereby agrees that no road, street, avenue,
thoroughfare or highway shall be constructed at any location
on the Property, except as required by the Specific Plan and
the Parcel Map.
5.3 Conditions of Approval. The Grove's right to
construct The Grove Project shall be subject to the
conditions of approval (collectively, the "Conditions of
Approval") attached hereto as Exhibit "B" and incorporated by
reference herein. Except as otherwise provided herein, the
parties hereby agree that the Conditions of Approval attached
hereto contain a comprehensive schedule of all conditions,
development fees, fees -in -lieu, charges and dedications
672
required to be contributed, paid, or constructed by The Grove
in connection with The Grove Project, as well as the manner
and timing of such construction, payments or contributions;
and except as herein provided, the City shall not impose any
additional conditions to the development of The Grove Project
in accordance with the Specific Plan, Parcel Map, PRD, and
General Plan. The parties acknowledge that in conjunction
with The Grove Project, The Grove must obtain approval of
further subdivision maps, in accordance with Government Code
Sections 66410 et seq., subdividing the Property into
individual lots, as contemplated by the Specific Plan. The
City agrees that the foregoing limitation on additional
conditions shall apply to approval of said maps in addition
to other approvals to be granted by the City, except that the
City may impose additional conditions to approval of said
maps which are not inconsistent with the Conditions of
Approval, which do not adversely affect The Grove Project and
which are applicable to all similarly situated developers in
the City. The City also agrees that except as otherwise
provided herein, throughout the term of this Agreement, or
any extension thereof, the fees and charges levied by it for
any and all public or private improvements, construction,
building or development to be payable by The Grove shall be
based upon the schedule of such fees and charges in effect as
of the date hereof, as set forth in Exhibit "A" attached
hereto, and that such fees or charges shall not be increased
3
i.
13
with respect to any development work engaged by The Grove
hereunder, except for general increases with respect to all
property similarly situated and not specific to The Grove.
6. Cooperation -Costs. The City hereby agrees to
consider proposals from The Grove for the formation of
assessment districts and/or other assessing mechanisms, at
the request of The Grove for the purpose of financing
construction of the off -site improvements set forth in
Exhibit "B" hereto required to be constructed in connection
with The Grove Project.
7. Cooperation -Implementation. The City hereby agrees
to promptly and diligently complete all required steps
necessary for the implementation of this Agreement, in
accordance with the terms hereof, including but not limited
to, all necessary public hearings and procedures for the
adoption of this Development Agreement. In addition, all
permits, certificates, parcel maps, final maps, and
subdivision improvement agreements required by the City to
develop The Grove Project, including without limitation (i)
road construction permits; (ii) grading permits; (iii)
building permits; (iv) sewer connection permits, and (v)
certificates of occupancy, shall be expeditiously issued by
the City upon application by The Grove, provided that The
Grove reasonably complies with all of the terms and
conditions contained herein.
rB
8. Effect of Agreement on Land Use Regulations.
8.1 Existing Rules, Regulations and Policies.
Except as otherwise specifically provided herein, the parties
hereby agree that, for the term of this Development
Agreement, the rules, regulations and official policies
governing the design, improvement and construction standards
and specifications applicable to development of the Property
shall be those rules, regulations and official policies in
force at the time of the execution of this Development
Agreement, except that The Grove Project shall be subject to
such changes in development fees, building codes and
construction standards as are (i) found by the City Council
to be in the best interests of the health and safety of its
citizens, and (ii) generally applicable to all other
similarly situated applicants in the City, and except that
The Grove Project shall be subject to design and site
planning review, including review and approval of structural
design, street improvements, signage, walls and landscaping.
8.2 Subsequent Actions Concerning the Property.
Subject to the provisions of Section 5 hereof, the City may
apply, in subsequent actions concerning the Property, new
rules, regulations and policies with respect to the Property,
provided that they do not in any way conflict with existing
rules, regulations and official policies applicable to the
Property or adversely affect The Grove Project, and provided
provided that such rules, regulations and policies are
applicable to all similarly situated developers in the City.
EI
8.3 Subsequent Project Applications. This
Development Agreement shall not prevent the City from denying
or conditionally approving any subsequent development project
application submitted for other real property which is not
related to the Property, The Grove Project or this
Development Agreement, on the basis of existing or new rules,
regulations and policies.
8.4 Subsequent Changes in State or Federal Laws or
Regulation. In the event that any subsequent change in the
laws or regulations of a federal or state agency prevents or
precludes compliance with one or more provisions of this
Development Agreement, such provision shall be modified or
suspended only to the extent necessary to comply with such
new federal or state law or regulation.
9. Periodic Review of Compliance with Agreement.
9.1 Review Procedure. The City shall review this
Development Agreement at least once every twelve (12) months
during the term hereof. During each periodic review by the
City, The Grove shall be required to demonstrate good faith
compliance with the terms hereof. The Grove hereby agrees to
furnish such evidence of The Grove's compliance as the City
in the exercise of its reasonable discretion may require.
Evidence of good faith compliance may include, but shall not
necessarily be limited to, good faith compliance with the
requirements of the Specific Plan.
a
9.2 Delay in Effective Date. In the event that
the Effective Date of this Development Agreement (which shall
be defined as the thirty-first (31st) day after this
Development Agreement has been recorded with the Office of
the Recorder in Riverside County pursuant to Government Code
Section 65868.5) is delayed or the implementation of the
Development Agreement is suspended by reason of a court order
or a referendum thereon, the term of this Development
Agreement shall be extended by such period of time equal to
the delay or suspension, but in no event shall all such
extensions in the aggregate exceed five (5) years. In the
event that the processing of permits under this Development
Agreement is delayed or stopped by virtue of a court action
or proceeding or referendum thereon, the processing and
issuance of permits shall nonetheless continue under the
City's land use planning process then in effect as applicable
generally to other properties in the City.
10. Releases of Portion of Property from Obligations of
Agreement. It is mutually agreed that in order for The Grove
to finance and develop The Grove Project as contemplated
herein, it may be necessary for City to release portions of
the Property from this Agreement. City therefore agrees to
release completed portions(s) of the Property from this
Development Agreement from time to time promptly upon request
by The Grove, provided that, The Grove retains and reconfirms
its obligation to City, whether monetary or otherwise, to
perform all of its obligations hereunder.
10.
11. Certificate of Compliance. Promptly upon the
completion of any major phase or a major portion of any major
phase of The Grove Project, the City shall, at The Grove's
request, provide The Grove with a Certificate of Compliance.
Such Certificate shall be in recordable form and shall be a
conclusive determination that The Grove has complied with
each of its obligations under this Agreement with respect to
such phase or portion thereof.
12. Annual Payment Consideration. Cancellation
Option. As and for further consideration to the City for the
execution of this Development Agreement, the Grove agrees to
pay the City the annual sum of Forty Thousand Dollars
($40,000), with the first payment to be made on the Effective
Date, and with each annual payment thereafter to be paid on
the annual anniversary date of the first payment. The City
and The Grove shall each have the option, right and power to
cancel and terminate this Development Agreement, without
recourse by the other party hereto and without being held in
default hereunder, by the nonpayment of the said annual
consideration, provided that in the event the City desires to
terminate this Agreement it shall first give The Grove
written notice thereof and the opportunity to pay said annual
consideration as provided in Section 15 hereof.
13. Hold Harmless. The Grove agrees to indemnify, hold
harmless, pay all costs and defend the City in any action
challenging the validity of this Development Agreement
11.
0
brought by any third party, provided that The Grove shall
have the right to choose the legal counsel retained for such
purpose. The provisions of this Section 13 shall not apply
to the extent such expense, liability or claim is proximately
caused by any act of active or gross negligence or fraud of
the City, its officers, agents, employees or representatives.
14. Amendment or Cancellation of this Agreement.
Except as otherwise permitted herein, this Development
Agreement may be amended or cancelled in whole or in part
only by the mutual consent of the parties or their successors
in interest, in the manner set forth in California Government
Code Sections 65865.1, 65867, 65867.5, and 65868. No change,
modification, revision or alteration may be made in the
approved Specific Plan or The Grove Project except as
otherwise expressly permitted herein. The City shall not be
in breach of this Development Agreement by reason of any
subsequent changes of laws or regulations of another local
agency not created or controlled by the City which prevents
or precludes compliance by the City or The Grove with this
Development Agreement, provided that the City hereby agrees
that the City shall not initiate or promote any such change.
15. Procedure upon Default.
15.1 No Waiver. The City shall not be deemed to
have waived any claim of default by The Grove if, on periodic
review, the City fails to exercise any of its rights
hereunder based upon such purported default.
12.
0
15.2 Cure Period. Upon the occurrence of an event
of default by either party, the party not in default (the
"nondefaulting party") shall give the party in default (the
"defaulting party") written notice of the default. The
defaulting party shall have thirty (30) calendar days from
the date of notice (subject to subsection 15.3 below) to cure
the default if such default is curable within such thirty
(30) day period. If such default is so cured, then the
parties need not take any further action except that the
defaulting party may require the nondefaulting party to give
written notice that the default has been adequately cured.
15.3 Failure to Cure. Should a default not be
cured within thirty (30) calendar days from the date of
delivery of written notice thereof, or should the default be
of a nature which cannot be reasonably cured within such
thirty (30) day period and the defaulting party has failed to
commence to cure within said thirty (30) day period and
thereafter to diligently prosecute the cure to completion,
the nondefaulting party may then take any legal or equitable
action to enforce its rights under this Development Agreement.
16. Legal Remedies on Default; No Damages. In the
event of default by any party hereunder which is not cured as
required by Section 15 above, the nondefaulting party shall
have available all remedies at law or in equity not otherwise
provided for herein, which remedies shall include, by way of
illustration but not limitation, suits for injunctive or
13.
declaratory relief, specific performance or relief in the
nature of mandamus. All of said remedies shall be cumulative
and not exclusive of one another, and the exercise of any one
or more of said remedies shall not constitute a waiver or
election with respect to any other available remedy.
However, in no event shall an action for damages be brought
or maintained by either party against the other.
17. Notices. All notices required or provided for
under this Agreement shall be in writing and shall be
delivered in person, by commercial courier or by certified
mail, postage prepaid, addressed to the parties as follows:
City: City of La Quinta
78-105 Calle Estado
La Quinta, California 92253
Attention: City Manager
The Grove: The Grove of La Quinta
c/o Kelley Properties, Inc.
305 Lytton Avenue
Palo Alto, California 94301
Attention: William K. Kelley
All notices shall be deemed effective upon receipt. Either
party hereto may change the address to which notices should
be sent in accordance with the provisions hereof.
18. Effect of State, Federal and Other Agency
Regulations. In the event that any state or federal law or
regulation enacted or adopted after the date of this
Agreement, or other action of any governmental entity or
improvement district not under the control of City, shall
prevent or preclude compliance with or performance with
respect to any of the provisions hereof, such provisions
1xv
shall be modified or suspended only to the extent and for the
time necessary to achieve compliance with such law,
regulation, or other governmental action; and the remaining
provisions of this Agreement shall be in full force and
effect. Upon repeal or change of such law, regulation or
other governmental action or occurrence of other
circumstances removing the effect thereof upon this
Agreement, the provisions hereof shall be restored to their
full original effect. In the event such law, regulation or
other governmental action unreasonably delays ability to
develop The Grove Project as contemplated herein, The Grove
shall have the right and option to terminate this Agreement.
19. Severability. If any provision of this Development
Agreement shall be held to be invalid by a court of competent
jurisdiction, the remainder of this Development Agreement
shall not be affected thereby, unless the court shall
specifically find that the invalid part is so fundamental and
essential to the understanding of the parties that the entire
Development Agreement shall be invalidated.
20. Time Limits. Time is of the essence. The time
limits set forth in this Development Agreement may be
extended or shortened only by written consent of the parties.
21. Term of Agreement. The term of this Development
Agreement shall commence on the date of this Development
Agreement and shall continue, unless sooner terminated
pursuant to the terms hereof, until December 31, 1995, on
15.
which date this Development Agreement shall automatically
terminate.
22. Assignability. The Grove may assign its rights
hereunder to any successor in interest who acquires any legal
or equitable interest in any portion of the Property;
provided, however, that in such event, any such successor
shall be bound by all of the terms and provisions hereof
applicable to that portion of the Property acquired by it.
Subject to the foregoing, this Agreement shall be binding
upon and inure to the benefit of the parties successors,
assigns and legal representatives and shall run with the
Property. This Agreement shall be deemed to benefit the
Property to be developed by The Grove.
23. Attorneys' Fees. If either party commences an
action against the other to enforce any of the terms hereof
/or because of the breach by either party of any of the terms
hereof, the prevailing party in such action shall be entitled
to recover its attorneys' fees and costs and expenses
incurred in connection with the prosecution or defense of
such action, including any appeal thereof, in addition to all
other relief. "Prevailing party" within the meaning of this
Section shall include, without limitation, a party who brings
an action against the other party after the other party's
breach or default, if such action is settled or dismissed
upon the payment by the other party of the same allegedly due
or performance of the covenants allegedly breached, or the
16.
plaintiff obtains substantially the relief sought by it in
the action.
24. Agreement is Entire Agreement. This written
Agreement, together with the Specific Plan, Tentative Parcel
Map, and PRD, contains the sole and entire Agreement between
the parties. It supersedes any and all other agreements
between the parties concerning the subject matter hereof.
The parties acknowledge and agree that neither of them has
made any representation with respect to the subject matter of
this Agreement or any representations inducing the execution
and delivery hereof, except such representations as are
specifically set forth herein, and each party acknowledges
that it has relied on its own judgment in entering into the
Agreement. The parties further acknowledge that any
statements or representations that may have heretofore been
made by either of them to the other are void and of no effect
and neither of them has relied thereon in connection with
their dealings with the other.
25. Waiver or Modification of Terms. No waiver or
modification of this Agreement or of any covenant, condition
or provision herein contained shall be valid unless in
writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between the parties
arising out of or affecting this Agreement, or the rights or
17.
obligations of any party hereunder, unless such waiver or
modification is in writing, duly executed as aforesaid. The
provisions of this Section may not be waived, except as
herein set forth.
26. Governing Law. This Agreement is made in the State
of California and its validity, construction and all rights
under it shall be governed by California law.
27. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an
original, but such counterparts together shall constitute
only one agreement.
28. Severability. Any provision of this Agreement
which shall be adjudged to be invalid, void or illegal shall
in no way affect, impair or invalidate any other provisions
hereof and such other provisions shall remain in full force
and effect.
29. Further Documents. Each party hereto agrees to
execute such other documents or instruments as are necessary
or appropriate to effectuate this Agreement.
18.
0
IN WITNESS WHEREOF, the City and The Grove have executed
this Agreement as of the date and year first above written.
ATTEST:
ty Cler
THE CITY OF LA QUINTA,
a municipal corporation
By
Its
"The Grove"
THE GROVE OF LA QUINTA,
a California limited partnership
By La Quinta Associates I,
a California limited partnership
By J.L.M. Real Estate
Consultants, Inc., a
Colorado corporation
By
Jack L. Marshall
President
19.
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1. The Applicant shall canply with Exhibit "A", the Specific Plan document for
Specific Plan No. 84-004, and the following conditions, which conditions shall
take precedence in the event of any conflict with the provisions of the specific
plan.
2. Prior to the issuance of a permit for establishment of any use contemplated by
this approval, the Applicant shall first obtain any required zoning and land
division approvals in accordance with the requirements of the Municipal Land
Use and Land Division Ordinances.
3. Approval of this Specific Plan shall be limited to a maximum time period of
three (3) years by which time tract (or parcel) maps shall be approved and
recorded, and construction in Phase I shall have begun. Time extensions totaling
not more than three (3) additional years, submitted in writing prior to the
expiration of any approved, may be approved by the Planning Commission.
Soils/Geology
4. The Applicant shall comply with the latest Uniform Building Code, as adopted by
the City of La Quinta. The appropriate seismic design criteria will depend upon
the type and use of the proposed structure and the underlying geologic conditions.
Hydrology/Water Conservation
5. Prior to the approval of final tract maps, the issuance of zoning approvals, or
the issuance of permits, the Applicant shall prepare a hydrological analysis for
approval by the City Engineer which will indicate the method and design to protect
the proposed development from the 100-year flood. This plan shall be consistent
with the purposes of any similar plans of the Coachella Valley Water District then
in effect for flood protection.
6. Prior to approval of any permits, the Applicant shall prepare a water conservation
plan which will include:
a. Metes to minimize the consumption of on -site water usage, including
water saving fixtures, drought -tolerant and native landscaping, and
program to minimize landscape irrigation.
b. Methods for minimizing the effects of increased on -site runoff and
increased groundwater recharge, including the construction of on -site
collection and groundwater retention basins.
c. Methods for minimizing the amount of groundwater pumped out for on -site
irrigation, including the use of reclaimed water.
7. If buried remains are encountered during development, a qualified archaeologist
shall be contacted immediately and appropriate mitigation measures shall be
taken.
0 0
APPROVED CONDITICNS - THE GROVE ASSOCIATES
'4:r,a 222 I
The Applicant shall satisfactorily mitigate archaelogical concerns identified
in previously conducted site surveys prior to initiation of grading. A qualified
archaeologist shall certify as to the adequacy of mitigation measures prior to
issuance of any grading (or related) permits.
Lir Quality
1, The Applicant shall utilize blowsand and dust control measures in accordance with
the FAmicipaal Code and the Uniform Building Code and subject to the approval of
the City Engineer. Particular care shall be exercised during periods of extreme
wind activity.
). At the time of submittal of tentative tract maps or plans for any zoning approvals,
the Applicant shall demonstrate that adequate provision has been made for non-
auta motive means of transportation within the project site as a means of reducing
dependence on private automobiles. This may include golf cart path systems,
bicycle and pedestrian systems, and other similar systems consistent with the,
specific plan.
L. Specific project designs shall encourage the use of public transit by providing
for bus shelters as required by the CmTm pity Development Director and consistent
with the requirements of local transit districts and the specific plan.
2. The Applicant shall encourage and support the use of Sunline van/bus service,
/Dial -A -Ride/ jitneys between the project site, local airports (e.g., Palm
Springs, Thermal), and other regional land uses.
raffic and Circulation
3. Avenue 48, Avenue 50, Washington Street and Jefferson Street, contiguous to the
project, shall be developed in accord with their general plan designations and
the La Quinta municipal design and structural standards in effect at the time
of tentative tract or zoning approval in conjunction with phased implementation
of the specific plan. These public roads shall be improved to a half -width
cc¢xlition.
.4. In order to facilitate mitigation of cumulative traffic impacts of this and
other area projects, the City shall establish a traffic improvement needs
monitoring program, This program will undertake biannual traffic count studies
to determine if warrants are met for major roadway improvements and traffic
signalization. Upon determination of needs, the City may initiate projects to
meet those needs. Funding of this program may be by fee programs that assess
new development and/or users cn a pro-rata or fair -share basis, formation of
assessment districts, acquisition of State or Federal road funds, or other
means that fairly allocate costs to those generating the need, The Applicant
shall agree to pay the designated pro-rata share that the City may establish
to fund off -site roadway improvements and traffic signalization on an as
warranted" basis.
- 2 -
0
)PROVED CCNDITIONS - THE GROVE ASSOCIATES
Uri V. r or
i. The Applicant shall develop all roads internal to the project in accordance with
the design standards specified in the specific plan and the structural standards
in effect at the time of tentative tract or zoning approval area in conjunction
with the phased implementation of the specific plan. All roadways within the
specific plan area shall remain private.
a. The primary loop road shall be widened to a minimum pavement width of
36 feet unless the Applicant demonstrates that adequate provision has
been made for sufficient off-street parking to accommodate all needs,
including guests, so that on -street parking is not required.
b. All other roads shall be widened to a minimum pavement width of 32 feet
unless the Applicant demonstrates that adequate provision has been made
for sufficient off-street parking to accommodate all needs, including
guests, so that on -street parking is not required.
c. Applicant shall be responsible to demonstrate to the satisfaction of the
City Engineer that grass drainage swales are an acceptable alternative
to typical curb and gutter.
6. A card (or similar) operated, resident -accessible gate shall be provided near
Adams Street and Avenue 48. A manned gate shall be provided near Dune Palms
Road and Avenue 48. The exact locations shall be subject to final approval by
the Community Development Department.
7. The construction of Avenue 48 between Washington and Jefferson Streets shall
occur prior to beginning Phase II of the project. This construction shall provide
for a pavement width of 24-28 feet, but other improvements, including curb, gutter,
sidewalk, etc., may be deferred until times specified in the phasing plan.
8. The Washington Street/Eisenhower Drive traffic signal at the project entry shall
be modified to accommodate a four -sway intersection. This shall be done entirely
at the Applicant's expense and no credit shall be allowed for the infrastructure
fee program since these improvements benefit the Applicant's project exclusively,
except that credit shall be given for any cost in excess of $25,000.
.9. The Applicant shall install a raised center median island, including landscaping
and irrigation, as part of road improvements where required by municipal road
standards.
!0. The Avenue 50 frontage improvement may be deferred, at the Applicant's discretion,
to Phase III of the project.
U. The location and access to all construction facilities shall be subject to review
and approval of the Community Development Department.
loise
?2. The Applicant shall agree to participate in the improvement of Adams Street
between Avenue 48 and Highway Ill. The amount of participation shall be determined
by the City on a pro-rata or fair -share basis. The method of participation shall
be determined by the City and may include an assessment district, developer fees,
or sane similar funding mechanism. The timing of participation shall be determined
by the City based on need.
-3-
PPROVED CONDITIO:S - THE GROM ASSOCIATES
� a rW
3. Prior to building permit approval, building setbacks, engineering design,
orientation of buildings, and noise barriers shall be utilized to reduce noise
impacts from nearby existing and future roadways to within State standards.
4. Prior to zoning or tentative tract map approvals, the Applicant will demonstrate
that residential structures satisfy the State's indoor criterion. Vdnere exposed
to noise levels in excess of State standards, Applicant shall install special
design features such as double -glazed windows, mechanical ventilation, special
roof venting, increased insulation, weatherstripping, or combinations of these
measures.
- .�
5. Requirements for the installation of solar water heaters shall be determined by
the City on a uniform city-wide basis for new construction at a later date. The
developer shall comply with the requirements; current at the time of construction.
6. All tentative maps and development plans shall be designed to ensure compliance
with the State laws regarding solar accessibility. To the extent possible, all
structures shall be sited, oriented and designed so as to minimize the energy
needs for cooling.
and Use
!7. The maximum allowable number of residential units shall be 1500. The maxim mi
number of guest cottages shall be 80. In considering requests for zoning and/or
tentative tract approvals for development phases, reductions in the number of
allowable units may be made on an "as warranted" basis to assure compliance with
applicable regulations and the intent of this specific plan.
a. The residential density is established at a gross density of 2.2 dwelling
units per acre with a net density not to exceed six (6) dwelling units per
acre.
!8. Design approval for various structures and buildings within the project shall be
subject to the following:
a. Final site plans, floor plans and exterior elevations for the main
clubhouse, tennis and swim club buildings, guest cottage complex and
maintenance buildings shall be subject to review and approval by the
Planning Cb mission and City Council.
b. Final site plans, floor plans and exterior elevations for residential
structures shall be subject to review and approval in the mariner
specified by applicable zoning and subdivision regulations in effect
at the time.
c. Design guidelines and related covenants and restrictions established for
the project controlling use, site development, building architecture,
landscaping, lighting and related design factors shall be submitted for
review and approval by the Planning Comuission and City Council.
- 4 -
APPROVED CONDITIONS - THE GROVE ASSOCIATES
29. Building height shall be subject to height limitations specified in the specific
plan, except that no building exceeding one story in height shall be allowed
within 75 feet of any perimeter property line.
30. Perimeter security walls and fences shall be subject to the following standards:
a. Setbacks for perimeter walls from the rights -of -way lines for Avenue 48,
Avenue 50, Washington Street and Jefferson Street shall be an average of
twenty (20) feet.
b. Portions of the perimeter walls shall consider the use of wrought iron (or
similar open fencing) to provide views from the street into the project.
c. Fencing located on interior property lines may be placed on the property
line.
d. All fencing designs, including location and materials, shall be subject to
City review and approval.
31. Grading shall be subject to the following standards, in addition to those provided
for in the uniform Building Code and other applicable municipal ordinances:
a. Effort shall be made to minimize unnecessary grading and to preserve and
utilize existing land forms to the largest extent possible.
b. Grading for the proposed golf course shall take into account the bank
heights required to carry the design flow with the necessary freeboard.
c. A master grading and drainage plan shall be submitted for review and
approval prior to any development activity on the site.
32. A master landscape plan, including landscaping of perimeter setbacks and
rights -of -way areas, shall be submitted for City review and approval.
a. Desert or native plant species and draught -resistant planting materials
shall be incorporated into landscaping plans to a large extent.
33. Applicant shall dedicate to the City a ten (10) acre site for park and recreation
purposes. The site shall be located on Avenue 50 at the most westerly portion of
the subject property thereon. Dedication shall occur in conjunction with recorda-
tion of the first final map within the specific plan area. The Applicant may
provide park and recreation facilities or related contributions in an alternate
manner consistent with the intent of this condition, subject to review and approval
by the City Council.
Public Services and Utilities
34. Fire protection shall be provided in accordance with the requirements of the
Uniform Fire Code and the La Quinta Municipal Code in effect at the time of
development.
- 5 -
1PPR VED CCNDITIONS - THE GROVE ASSOCIATES
a. The Applicant shall, prior to issuance of building permits, contribute
as prepayment of fire mitigation fees $100,000 to assist the City in its
needs for a new fire station in the area. This contribution shall be used
as a credit for fire facilities fees until those fees exceed the amount of
the credit. The Applicant may provide fire mitigation in an alternate
manner consistent with the intent of this condition, subject to review and
approval by the City Council. If the above contribution is used towards
a land puchase, project phasing and payment of fire mitigation fees shall
be sufficient to support a payment schedule for said land.
b. No cul-de-sacs shall be longer than 550 feet unless provided with alternate
fire protection as may be approved by the Fire Marshal. "Grass -Crete" is
not an acceptable emergency access surface.
c. Provide required minimum fireflow and fire hydrants pursuant to standards
in effect at time of development.
35. The Applicant shall comply with the requirements of the Coachella Valley Water
District.
a. The water system shall be installed in accord with District requirements.
The District will need additional facilities, which may include wells,
reservoirs, and booster pimping stations, to provide for the orderly
expansion of its system. The Applicant will be required to provide and
dedicate to the District any land needed for these facilities.
b. The sanitary sewer system shall be installed in accord with District
regulations. The area shall be annexed to Improvement District No. 55
for sanitation service.
36. The Applicant shall comply with the requirements of the Imperial Irrigation
District. (NOTE: The District has not commented on this project to date,
but has noted in comments on prior projects that existing substation facilities
are not, or will not in the near future be, adequate to service proposed
developments.)
a. provision shall be made to underground utilities to the extent feasible.
Generally, all facilities except high voltage lines of 66 KV and above
shall be placed underground.
b. one existing 92 KV line shall not be relocated to perimeter public
roadways without prior review and approval by the City. It is intended
that other available alternatives be evaluated prior to said relocation.
37. The Applicant shall pay a per -unit school development fee as determined by the
Desert Sands Unified School District in accordance with the school mitigation
agreements as approved by the Ia Quinta City Council and in effect at the time
of the issuance of building permits.
- 6 -
WPFOVED CONDMONS - THE GROVE ASSOCIATES
MEMBER 20, 1984
4iscellaneous
38. Applicant understands that the City was incorporated in 1982 and has not yet
enacted a complete policy on exactions on new development to provide municipal
improvements and facilities needed as a result of the cumulative impact of such
new development; that the City is in the process of preparing and enacting such
a policy, which will include uniform fees to be imposed upon new construction
to fund the following public improvements and facilities: fire station, public
safety facility, city hall, park and recreation facilities, schools, drainage
facilities, major thoroughfares, bridges and traffic signalization; and, that
the City expects to enact said fees policy on or before December 31, 1984.
Applicant agrees to pay said fee or fees in the amount and at the time enacted
and from time to time amended by the City. To the extent that Applicant constructs
specific facilities included within the fee structure, it shall receive appropriate
credit, as determined by the City Council. If said fee shall include financing of
permanent or temporary school facilities, Condition No. 37 (school develoment fee)
shall be deleted.
39. Prior to the issuance of grading permits or the approval of tentative tract naps
or other required zoning approvals, the Applicant shall su>kmit a phasing schedule
and map for the entire project, which shall include the phasing of off -site
infrastructure, to the Community Development Director for review and approval.
40. The Applicant shall provide for mitigation of the impact on the Coachella Valley
Fringe -Toed Lizard by conplying with requirements of the mitigation agreement as
approved by the City Council and in effect at the time of development.
41. upon approval of this specific plan, Specific Plan No. 127-E shall becane null
and void and be of no further effect.
42. This specific plan approval shall not be effective until and unless Change of
Zone Case No. 84-014 is effective.
- 7 -
CONDITIONS OF ApPRWAL - PARCCL MAP NO. 20469
Decerber 18, 1984
General
1. Tentative Parcel Map No. 20469 shall comgDly with the standards and require-
ments of the State Subdivision Map Act and the City of La Quinta Land
Division Ordinance, unless otherwise modified by the following conditions.
2. Tentative Parcel Map No. 20469 shall comply with the conditions and require-
ments of Specific Plan No. 84-004 as in effect at the time of recordation.
3. The final map shall not be recorded until Specific Plan No. 84-004 and
Change of Zone Case No. 84-014 become effective.
4. This tentative parcel map approval shall expire two years after the date of
approval by the La Quinta Coa minity Development Department unless approved
for extension as provided for by the City of La Quinta Land Division
Ordinance.
Site Plan
5. The final map shall conform substantially with the approved tentative map
as contained in the Community Development Department's file for Tentative
parcel Map No. 20469 and the following conditions of approval, which oondi-
tions shall take precedence in the event of any conflict with the provisions
of the tentative parcel map.
6. Prior to submittal of the final record map for plan check, the Applicant
shall submit a master perimeter wall plan to the Community Development
Department demonstrating that the perimeter lots are of sufficient depth
to accommodate the perimeter wall setbacks as required by the conditions
of approval for specific Plan No. 84-004.
7. Lot 17 (golf course) shall be divided into two lots in accordance with the
approved phasing plan for Specific Plan No. 84-004.
Streets, Grading and Drainage
8. The Applicant shall dedicate half -width right-of-ways in accordance with
their general plan designations for Avenue 48, Avenue 50, Washington Street
and Jefferson Street. The construction and phasing of the public street
improvements shall be in accordance with the conditions of approval for
Specific Plan No. 84-004.
9. The Applicant shall develop all roads internal to the project in accordance
with the design standards specified in the specific plan and the structural
standards in effect at the time of tentative tract approval in conjunction
with the phased implementation of the specific plan. All roadways within
the specific plan area shall remain private.
10. due final record map shall designate project entrances at the following
locations:
a. washisgton Street at Eisenhower Drive
b. Avenue 48 at Adams Street
c. Avenue 48 near Dune Palms Road
d. Jefferson Street approximately 1220 feet south of Avenue 48
e. Avenue 50 at approximately the midway point of the project's
frontage along Avenue 50.
0
CCNDITICNs OF APPRMIAL - PARCEL MAP NO. 20469
December 188 1984
Page 2.
All other portions of the project's perimeter adjacent to public
rights -of -way shall be designated as restricted or no access.
11. Prior to submittal of the final record map for plan check, the Applicant
shall submit a preliminary internal street plan to the Community Development
Departn-tent and City Fire Marshal for review and approval. The plan shall
designate alternate emergency accesses for cul-de-sacs having lengths
exceeding 550 feet and shall include a cross-section detailing construction
of said emergency accesses.
12. Prior to approval of the final record map, the Applicant shall submit a
conceptual master grading and drainage plan for the entire site in accordance
with the following requirements of the City Engineer and Specific Plan No.
84-004:
a. The plan shall comply with the standards of the Uniform Building
code and other applicable PAuiicipal Ordinances.
b. Effort shall be made to minimize unnecessary grading and to preserve
and utilize existing land forms to the largest extent possible.
c. Grading for the proposed golf course shall take into account the
bank heights required to carry the design flow with the necessary
freeboard.
d. The Applicant shall coordinate with developments to the north and
submit a master grade plan for Avenue 48.
e. The Applicant shall coordinate with proposed developments to the
north and submit a plan which considers that drainage from the north
and west is channelled to the La Quints Stormwater Evacuation channel.
f. All pads shall be protected from a 100-year storm. All drainage
shall be contained on the site or channelled to the La Quints
Stormwater Evacuation channel.
Public Utilities and Services
n. ahe Applicant shall comply with the requirements of the Coachella Valley
Water District.
a. conceptual master plans for water and sewer facilities on the site
shall be submitted for review and approval.
b. 'Ihe water system shall be installed in accord with District require-
ments. the district will need additional facilities, which may include
wells, reservoirs, and booster pumping stations, to provide for the
orderly expansion of its system. The Applicant will be required to
provide and dedicate to the District any land needed for these facilities.
c. are sanitary sewer system shall be installed in accord with District
regulations. nm area shall be annexed to Improvement District No. 55
for sanitation service.
CaMITICNS Or APPRO AL - PARM MAP No. 20469
Decetrber 18, 1984
Page 3.
14. ahe Applicant shall ccrrply with the requirements of the Imperial Irrigation
District.
a. Provision shall be made to underground utilities to the extent
feasible. Generally, all facilities except high voltage lines of
W6 ' and above shall be placed underground.
b. The existing 92KV line shall not be relocated to perimeter public
roadways without prior review and approval by the City. It is
intended that other available alternatives be evaluated prior to
said relocation.
c. the Applicant shall provide a site for an electrical substation in
accordance with one of the two following provisions:
(1) Dedicate to Imperial Irrigation District a 330' by 330' site
along the south side of Avenue 48, east of Adams Street in
accordance with the District's requirements.
(2) Prior to approval of the final record map by the la Quinta
City Council, submit a deed or other proof of conveyance of
property located at an approved alternate site to Imperial
Irrigation District in accordance with the District's
requirements.
eats.
15. The Applicant shall comply with the following requirements for utility
easements:
a. Prior to submittal of the final record map for plan check, the
Applicant shall coordinate with all utility ccupanies (including
gas, water, sewer and electricity) to ensure that adequate pro-
visions are made for on -and -off -site easements for the provision
of future facilities.
b. At the time of final map submittal, the Applicant shall provide
the Cornaa pity Development Department with letters from the
applicable utilities stating that adequate provisions for future
facilities are provided and that there are no conflicts with
other easements.
c. All easements shall be shown on the final record map.
16. ahe Applicant shall pay a per -unit school development fee as determined
by the Desert Sands Unified School District in accordance with the school
mitigation agreements as approved by the La Quinta City Council and in
effect at the time of the issuance of building permits.
17. The Applicant shall delineate and dedicate a ten -acre park site on the
final record map in accordance with City approval, unless other approved
alternate recreational facilities are approved by the City as allowed by
Specific Plan No. 84-004.
Miscellaneous
18. The Applicant shall satisfactorily mitigate archaeological concerns
identified in previously conducted site surveys prior to initiation of
grading. A qualified archaeologist shall certify as to the adequacy of
mitigation measures prior to issuance of any grading (or related) permits.
0
CONDITIONS OF APPROVAL - PARCEL MAP NO. 20469
December 18, 1984
Page 4.
19. If buried remains are encountered during development, a qualified
archaeologist shall be contacted immediately and appropriate mitigation
measures shall be taken.
20. Prior to the issuance of grading permits or any disturbance of the land,
the Applicant shall provide for mitigation of the impact on the Coachella
Valley Fringe -Toed Lizard by complying with requirements of the mitigation
agreement as approved by the City Council and in effect at the time of
recordation.
21. The Applicant shall demonstrate that adequate provision has been made for
non -automotive means of transportation within the project site as a means
of reducing dependence on private automobiles.
22. Specific project designs shall encourage the use of public transit by
providing for bus shelters as required by the Community Development Director
and consistent with the requirements of local transit districts and the
specific plan.
23. Tentative maps shall be designed to ensure compliance with the State laws
regarding solar accessibility. To the extent possible, all structures
shall be sited, oriented and designed so as to minimize the energy needs
for cooling.
24. Prior to the issuance of grading permits or the approval of final maps,
the Applicant shall submit a phasing schedule and map for the entire
project, which shall include the phasing of off -site infrastructure, to
the Community Development Director for review and approval in accordance
with Specific Plan No. 84-004 and the following condition:
a. No lot shall be divided by two or more phases.
25. Applicant understands that the City was incorporated in 1982 and has not
yet enacted a complete policy on exactions on new development to provide
mmicipal improvements and facilities needed as a result of the cumulative
impact of such new development; that the City is in the process of preparing
and enacting such a policy, which will include uniform fees to be imposed
upon new construction to fund the following public improvements and facilities:
fire station, public safety facility, city hall, park and recreation facilities,
schools, drainage facilities, major thoroughfares, bridges, and traffic sig-
nalization; and, that the City expects to enact said fees policy on or before
December 31, 1984. Applicant agrees to pay said fee or fees in the amount
and at the time enacted and from time to time amended by the City. To the
extent that Applicant constructs specific facilities included within the
fee structure, it shall receive appropriate credit, as determined by the
City Council. If said fee shall include financing of permanent or temporary
school facilities, Condition No. 16 (school development fee) shall be deleted.
has satisfactorily verified that the residents
and mobilehane owners have been so notified, in. --
the manner prescribed by law or local regulation
:Repealer This section shall remain in effect only --until
January 1, 1989, and as of that date �"spealed,
\ unless a later enacted statute, which is
chaptered before January 1, 1999, deletes or
extends that date.
(Added by Stets. 1982, TI-i397.)
Permit expiration .9. Onless an earlier expiration appears
on face of the 'permit, any permit which is
I ssued a loca-l'agency in conjunction with a
tentative ivision map for a planned unit
development s 1 expire no sooner than the
approved' tentative , or any extension thereof,
whichever occurs later.
oocal coastal develo t permits issued by a
j 'local agency in conjuncti with a tentative
subdivision map for a plann t development
shall expire no sooner than t approved
tentative map, and any extension of the shall
be in accordance with the applicable cal
coastal program, if any, which is in effect.
(Added by Stats. 1984, Ch. 990.)
Article 2.5. Development Agreements
Policy 65864. The Legislature finds and declares
that:
(a) The lack of certainty in the approval of
development projects can result in a waste of
resources, escalate the cost of housing and other
development to the consumer, and discourage
investment in and commitment to comprehensive
planning which would make maximum efficient
utilization of resources at the least economic
cost to the public.
(b)Assurance to the applicant for a
development project that upon approval of the
project, the applicant may proceed with the
project in accordance with existing policies,
rules and regulations, and subject to conditions
of approval, will strengthen the public planning
process, encourage private participation in
comprehensive planning, and reduce the econanic
costs of development.
(a) The lack of public facilities, including,
but not limited to, streets, sewerage,
transportation, drinking water, school, and
utility facilities, is a serious impediment to
the development of new housing. Whenever
possible, applicants and local governments may
Include provisions in agreements whereby
108
applicants are reimbursed over time for financing
public facilities.
(Amended by Stats. 1984, Ch. 143.)
Authority to enter
65865. (a) Any city, county, or city and
into an agreement
county, may enter into a development agreement
with any person having a legal or equitable
interest in real property for the development of
such property as provided in this article. Every
city, county, or city and county, *** mall, upon
request of an applicant, by resolution or
ordinance, establish procedures and requirements
for the consideration of development agreements
upon application by, or on behalf of, the
property owner or other person having a legal or
equitable interest in the property.
(b) A city, county, or city and county may
recover from applicants the direct costs
associated with adopting a resolution or
ordinance to establish procedures and
requirements for the consideration of development
agreements.
(Amended by Stats. 1984, Ch. 751.)
Demonstration of
65865.1. Procedures established pursuant to
good faith
Section 65865 shall include provisions requiring
compliance
periodic review at least every 12 months, at
which time the applicant, or successor in
interest thereto, shall be required to
demonstrate good faith compliance with the terms
of the agreement. If, as a result of such
periodic review, the local agency finds and
determines, on the basis of substantial evidence,
that the applicant or successor in interest
thereto has not complied in good faith with terms
or conditions of the agreement, the local agency
may terminate or modify the agreement.
(Added by Stats. 1979, Ch. 934.)
Agreement contents
65865.2. A development agreement shall specify
the duration of the agreement, the permitted uses
of the property, the density or intensity of use,
the maximum height and size of proposed
buildings, and provisions for reservation or
dedication of land for public purposes. The
development agreement may include conditions,
terms, restrictions, and requirements for
subsequent discretionary actions, provided that
such conditions, terms, restrictions, and
requirements for subsequent discretionary actions
shall not prevent development of the land for the
uses and to the density or intensity of
development set forth in the agreement. The
agreement may provide that construction shall be
commenced within a specified time and that the
project or any phase thereof be completed within
a specified time.
109
Ll
Enforceability
Regulations effecting
property subject to
development agreement
Hearings
Findings of consistency
The agreement may also include terms and
conditions relating to applicant financing of
necessary public facilities and subsequent
reimbursement over time.
(Amended by Stats. 1984, Ch. 143.)
65865.4. Unless amended or canceled pursuant
to Section 65868, a development agreement shall
be enforceable by any party thereto
notwithstanding any change in any applicable
general or specific plan, zoning, subdivision, or
building regulation adopted by the city, county,
or city and county entering such agreement, which
alters or amends the rules, regulations or
policies specified in Section 65866.
(Added by Stats. 1979, Ch. 934.)
65866. Unless otherwise provided by the
development agreement, rules, regulations, and
official policies governing permitted uses of the
land, governing density, and governing design,
improvement, and construction standards and
specifications, applicable to development of the
property subject to a development agreement,
shall be those rules, regulations, and official
policies in force at the time of execution of the
agreement. A development agreement shall not
prevent a city, county, or city and county, in
subsequent actions applicable to the property,
from applying new rules, regulations, and
policies which do not conflict with those rules,
regulations, and policies applicable to the
property as set forth herein, nor shall a
development agreement prevent a city, county, or
city and county from denying or conditionally
approving any subsequent development project
application on the basis of such existing or new
rules, regulations, and policies.
(Added by State. 1979, Ch. 934.)
65867. A public hearing on an application for
a development agreement shall be held by the ***
planning agency and by the legislative body.
Notice of intention to consider adoption of a
development agreement shall be given as provided
in Sections *** 65090 and 65091 in addition to
*** any other notice *** required by law for
other actions to be considered concurrently with
the development agreement.
(Amended by Stats. 1984, Ch. 1009.)
65867.5. A development agreement is a
legislative act which shall be approved by
ordinance and is subject to referendum. A
development agreement shall not be approved
unless the legislative body finds that the
provisions of the agreement are consistent with
110
E
13
Recordation
Modification/suspension
the general plan and any applicable specific
plan.
(Added by Stats. 1979, Ch. 934.)
65868. A development agreement may be amended,
or canceled in whole or in part, by mutual
consent of the parties to the agreement or their
successors in interest. Notice of intention to
amend or cancel any portion of the agreement
shall be given in the manner provided by Section
65867. An amendment to an agreement shall be
subject to the provision of Section 65867.5.
(Added by Stats. 1979, Ch. 934.)
65868.5. No later than 10 days after a city,
county, or city and county enters into a
development agreement, the clerk of the
legislative body shall record with the county
recorder a copy of the agreement, which shall
describe the land subject thereto. From and
after the time of such recordation, the agreement
shall impart such notice thereof to all persons
as is afforded by the recording laws of this
state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement
shall inure to, all successors in interest to the
parties to the agreement.
(Added by Stats. 1979, Ch. 934.)
65869. A development agreement shall not be
applicable to any development project located in
an area for which a local coastal program is
required to be prepared and certified pursuant to
the requirements of Division 20 (ca mencing with
Section 30000) of the Public Resources Code,
unless:
(1) the required local coastal program has been
certified as required by such provisions prior to
the date an which the development agreement is
entered into, or (2) in the event that the
required local coastal program has not been
certified, the California Coastal Commission
approves such development agreement by formal
commission action.
(Added by State. 1979, Ch. 934.)
65869.5. In the event that state or federal
laws or regulations, enacted after a development
agreement has been entered into, prevent or
preclude compliance with one or more provisions
of the development agreement, such provisions of
the agreement shall be modified or suspended as
may be necessary to comply with such state or
federal laws or regulations.
(Added by State. 1979, Ch. 934.)
III
® RESOLUTION NO. 84-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR THE CONSID-
ERATION OF DEVELOPMENT AGREEMENTS UNDER
GOVERNMENT CODE SECTIONS 65864 - 65869.5.
WHEREAS, Government Code Sections 65864 - 65B69.5 authorize
cities to enter into binding development agreements with persons
having legal or equitable interests in real property for the
development of such property and authorize the cities to establish
procedures for consideration of application of such agreements; and
WHEREAS, the Planning Commission and the Planning Department
recommend that it is in the best interests of the City of La Quinta
to adopt procedures and requirements which would authorize the
institution of development agreements; and
WHEREAS, it is in the public interest to do so, and the public
health, safety and welfare will be promoted thereby;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta as follows:
The procedures and requirements for the consideration of
development agreements as set forth in "Exhibit A", attached hereto,
and made a part by this reference, are adopted.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
La Quinta on the 3rd day of April , 1984, and was
duly adopted at said meeting by the following vote:
AYES: Council Members Baier, Cox, Wolff and Mayor Allen.
NOES:
ABSENT:
ATTEST:
None.
Council Member Henderson.
APPROVED AS TO FORM:
Mayo
APPROVED AS TO CONTENT:
City At orney City Manager
EXHIBIT A
REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS
FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS
Table of Articles
Article 1 Applications
Article 2 Notices and Hearing
Article 3 Standards of Review, Findings and Decision
Article 4 Amendment and Cancellation of Agreement by
Mutual Consent
Article 5 Recordation
Article 6 Periodic Review
Article 7 Modification or Termination
Article 1. Applications
Section 101 Authority for adoption
Section 102 Forms and information
Section 103 Fees
Section 104 Qualification as an applicant
Section 105 Review of application
Section 101. Authority for adoption. These regulations
are adopted under the authority of Government Code Sections 65864 -
65869.5.
Section 102. Forms and information. The Planning
Director shall prescribe the form for each application and may
require an applicant to submit such information and supporting
data as the Planning Director considers necessary to process the
application. The applicant shall pay a separate fee.
Section 103. Fees. The City Council shall by
separate resolution fix the schedule of fees and charges imposed
for the filing and processing of each application and document
provided for or required under these regulations. The initial
fee shall be $5'0'B-'1cr $5 per dwelling unit proposed to be
developed, ±i he nl �$K5
Section 104. Qualification as an applicant. Only a
qualified applicant may file an application to enter into a
development agreement. A qualified applicant is a person who has
legal or equitable interest in the real property which is the
subject of the development agreement. Applicant includes
authorized agent. The Planning Director may require an applicant
to submit proof of his interest in the real property and of the
authority of the agent to act for the applicant.
Section 105. Review of application. The Planning
Director shall endorse on the application the date it is received.
He shall review the application and may reject it if it is
incomplete or inaccurate for processing. If he finds that the
application is complete, he shall accept it for filing. The
Director shall review the application and determine the additional
requirements necessary to complete the agreement. After
receiving the required information, he shall prepare a staff
report and recommendation and shall state whether or not the
agreement proposed or in an amended form would be consistent with
the general plan and any applicable specific plan.
Article 2. Notices and Hearing
Section 201 Duty to give notice
Section 202 Requirements for form and time of notice
of intention to consider adoption of
development agreement
Section 203 Failure to receive notice
Section 204 Rules governing conduct of hearing
Section 205 Irregularity in proceedings
Section 201. Duty to give notice. The Planning
Director shall give notice of intention to consider adoption of
development agreement and of any other public hearing required by
law or these rules.
Section 202.
A
(a) Form of notice.
intention to consider adoption of
contain:
form and time of notice
onsider adoption of
ent agreement.
The form of the notice of
development agreement shall
(1) the time and place of the hearing;
(2) a general explanation of the matter to be
considered, including a general description
of the area affected; and
(3) other information required by specific
provision of these regulations or which
the Planning Director considers necessary or
desirable.
(b) Time and manner of notice. The time and manner
of giving notice is by:
(1) Publication. Publication at least once in
a newspaper of general circulation, published
and circulated in the City of La Quinta.
(2) Mailing. Mailing of the notice to all
persons shown on the last equalized
assessment roll as owning real property
within 300 feet of the property which is
the subject of the proposed development
agreement. If the number of owners to whom
notice is to be mailed is greater than 1,000
the Planning Director may, as an alternative,
provide notice in the manner set forth in
Section 56854.5(b) of the Government Code.
(c) Additional notice. The Planning Director,Planning
Commission or City Counci , as the case may be, may -direct that notice
of the public hearing to be held before it shad be given in a
manner that exceeds the notice requirements prescribed by state
law.
(d) Declaration of existing law. The notice
requirements referred to in subsections (a) and (b) are declar-
atory of existing law (Govt. Code Section 65867 and Sections
65854, 65854.5 and 65856 as incorporated by reference). If state
law prescribes a different notice requirement, notice shall be
given in that manner.
Section 203. Failure to receive notice. Lack of
receipt by any person entitled to notice required by law or these
regulations does not affect the authority of the City to enter
into a development agreement.
Section 204. Rules governing conduct of hearing. The
public hearing shall be conducted as nearly as may be in
accordance with the procedural standards adopted under Government
Code Section 65804 for the conduct of zoning hearings. Each person
interested in the matter shall be given an opportunity to be heard.
The applicant has the burden of proof at the public hearing on
the proposed development agreement.
Section 205. Irregularity in proceedings. No action,
in -action or recommendation regarding the proposed development
agreement shall be held void or invalid or be set aside by a court
by reason of any error, irregularity, informality, neglect or
ommission ("error") as to any matter pertaining to petition,
application, notice, finding, record, hearing, report, recommendation,
or any matters of procedure whatever, unless after an examination
of the entire case, including the evidence, the court is of the
opinion that the error complained of was prejudicial and that by
reason of the error, the complaining party sustained and suffered
substantial injury, and that a different result would have been
probable if the error had not occurred or existed. There is not
presumption that error is prejudicial or that injury was done if
error is shown.
Article 3. Standards of Review, Findings and Decision
Section 301 Determination by Planning Commission
Section 302 Decision by City Council
Section 303 Approval of development agreement
Section 301. Determination by Planning Commission.
After the hearing by the Planning Commission, the Planning
Commission shall make its recommendation in writing to the City
Council. The recommendation shall include the Planning Commis-
sion's determination whether or not the development agreement
proposed:
(1) is consistent with the objectives, policies,
general land uses and programs specified in
the general plan and any applicable specific
plan;
(2) is compatible with the uses authorized in,
and the regulations prescribed for, the land
use district in which the real property is
located;
0 0
(3) is in conformity with public convenience,
general welfare and good land use practice;
(4) will be detrimental to the health, safety
and general welfare; and
(5) will adversely affect the orderly development
of property or the preservation of property
values.
Section 302. Decision by City Council.
(a) After the City Council completes the public
hearing, it may accept, modify or disapprove the recommendation of
the Planning Commission. It may, but need not, refer matters not
previously considered by the Planning Commission during its
hearing back to the Planning Commission for report and recom-
mendation. The Planning Commission may, but need not, hold a
public hearing on matters referred back to it by the City Council.
(b) The City Council shall not approve the development
agreement unless it finds that the provisions of the agreement
are consistent with the general plan and any applicable specific
plan.
Section 303. Approval of development agreement.
If the City Council approves the development agreement, it shall
do so by the adoption of an ordinance.
After the ordinance approving the development
agreement takes effect, the City Council may enter into the
agreement.
Article 4. Amendment and Cancellation of Agreement b
Mutual Consent
Section 401 Initiation of amendment or cancellation
by mutual consent
Section 402 Procedure
Section 401. Initiation of amendment or cancellation.
Either party may propose an amendment to or cancellation in whole
or in part of the development agreement previously entered into.
Section 402. Procedure. The procedure for proposing
and adoption of an amendment to or cancellation in whole or in
part of the development agreement is the same as the procedure
for entering into an agreement in the first instance (Articles 1
through 3).
However, where the City initiates the proposed amend-
ment to or cancellation in whole or in part of the development
agreement, it shall first give notice to the property owner of
its intention to initiate such proceedings at least 15 days in
advance of the giving of the notice of intention to consider the
amendment or cancellation required by Section 202.
Article 5. Recordation
Section 501 Recordation of development agreement,
amendment or cancellation
Section 501. Recordation of develo ment agreement,
amendment or cancellation.
(a) Within 10 days after the City enters into the
development agreement, the City Clerk shall have the agreement
recorded with the County Recorder.
(b) If the parties to the agreement or their
successors in interest amend or cancel the agreement as provided
in the Government Code Section 65866, or if the City terminates
or modifies the agreement as provided in Government Code Section
65865.1 for failure of the applicant to comply in good faith with
the terms or conditions of the agreement, the City Clerk shall
have notice of such action recorded with the County Recorder.
Article 6. Periodic Review
Section 601 Time for an initiation of review
Section 602 Notice of periodic review
Section 603 Delegation to Planning Director
Section 604 Hearing
Section 605 Findings upon hearing
Section 606 Procedure upon findings
Section 601. Time for and initiation of review.
The City shall review the development agreement every 12 months
from the date the agreement is entered into.
The frequency of review may be increased either by
agreement between the parties or by initiation in one or more of
the following ways:
(1) recommendation of the Planning Director;
(2) affirmative vote of at least three members of
the Planning Commission;
(3) affirmative vote of at least three members of
the City Council.
Section 602. Notice of periodic review. The Planning
Director shall begin the review proceedrng by giving notice that
the City intends to undertake a periodic review of the development
agreement to the property owner. He shall give the notice at least
15 days in advance of the time at which the matter will be
considered by the Planning Director.
Section 603. Delegation to Planning Director. Review
shall be conducted by the Planning Director.
Section 604.
The conduct a hearingatwhichHthe p operty owner 1must demonstrateng Director ) good faith compliance with the terms of the agreement. The
burden of proof on this issue is upon the property owner.
ITEM NO. �p
DATE / g
PLANNING COMMISSION MEETING
MOTION BY: BRANDT DE GASPERIN MORAN VALLING THORNBURGH
SECOND BY: BRANDT DE GASPERIN MORAN rWALLING THORNBUR3H
DISCUSSION
ROLL CALL VOTE:
COMMISSIONERS: AYE NO ABSTAIN ABSENT PRESENT
BRANDT -
DE GASPERIN -
MORAN -
ViALLING -
THOENBURGH -
UNANIMOUSLY ADOPTED: YES NO
® �D
M I N U T E S
PLANNING COMMISSION - CITY OF LA QUINTA
A Regular Meeting Held
City Hall, 78-105 Calle
California
June 25, 1985
] . CALL, TO ORDER
at the La Quinta
Estado, La Quinta
7:00 p.m.
A. Chairman Thornburgh called the Planning Commission meeting to order at
7:00 p.m. He called upon Commissioner Brandt to lead the flag salute.
2. ROLL CALL
A. Chairman Thornburgh requested the roll call. The Secretary called the
roll:
Present: Commissioners Brandt, De Gasperin, Moran, Walling and
Chairman Thornburgh
Absent: None
Also present were Community Development Director Lawrence L. Stevens
and Secretary Donna M. Velotta
3. HEARINGS
4. CONSENT CALENDAR
Chairman Thornburgh had a question regarding the stated changes in the conditions
noted in the minutes. He asked if the conditions noted a load/unload area in
front of the tennis clubhouse. Director Stevens advised that the conditions did
note this in Condition No. ll.b., but would check for any other changes that were
not mentioned in the minutes and amend them accordingly.
A. Commissioner De Gasperin made a motion, seconded by Commissioner Walling, to
approve the minutes of June 11, 1985, as amended (if necessary).
1. The minutes of the regular meeting of June 11, 1985, were approved, as
amended, or as submitted if after further review by Director Stevens,
no amendment is required. Unanimously Adopted.
5. BUSINESS
A. Chairman Thornburgh introduced the first item of business as Plot Plan No.
85-143, reconsideration of a request for approval to construct a maintenance
facility, including a one-story, 7000-square-foot golf course maintenance
building, and a one-story, 2220-square-foot superintendent's residence;
Landmark Land Company, Applicant. He then called for the Staff Report.
1. Community Development Director Lawrence L. Stevens advised that the
Planning Commission previously conducted a public hearing on this request
and transmitted an approval recommendation to the City Council. The City
Council, in turn, at two separate meetings, considered the matter. At the
second meeting, the Applicant, principally as a result of comments made by
the Council and contacts with the Kennedy family, decided to modify the
project. They did so by significantly reducing the size of the project.
The new proposal eliminates the one-story, 5380-square-foot homeowner's
maintenance building. There have been minor adjustments in the landscaping
and related items, particularly around the superintendent's residence which
is directly associated with the Kennedy property. The City Council indicated
generally, that it supported the revised project based on comments made by
the Applicant and the Kennedy family at the hearing on June 18, and then
continued their hearing. The Council directed Staff to revise the conditions
based on the revised proposal and to seek the Planning Commission's comments
on those revised conditions prior to Council's reconsideration on July 2, 1985.
Director Stevens stated that the revised conditions are very similar to
previous conditions imposed by the Planning Commission. He noted a couple
of minor adjustments in the conditions as follows:
MINUTES - PLANNING COMMISSION
June 25, 1985
Page 2.
Condition No. 4 - Staff eliminated reference to the exhibits that
pertained to the homeowner's maintenance facility.
Added Condition No. 9 - Which requires a fenced and landscaped yard
area around the superintendent's residence.
The conditions relating to streets and traffic are pretty much the same.
The conditions on public services and utilities remain the same. The
Fire Marshal will probably reduce the required fire flow noted due to the
reduction in size of the revised proposal. Staff did not have an opportunity
to review this matter with the Fire Marshal due to the time frame involved.
The landscaping, lighting and signing conditions are pretty much the way
the Planning Commission proposed them, with revisions. So that the project
is not directly across the street from the Kennedy property, the Planning
Commission needs to determine whether or not we need Condition No. 17.c.
Condition No. 24 was added as there was some misunderstanding as to the
precise property lines that existed which were to be developed. The
proposed site does not match existing property lines. Therefore, Staff
is suggesting that either by parcel merger or lot line adjustment that the
property lines match the lines of the development.
Director Stevens stated that Staff recommends the Planning Commission
recommend approval to the City Council of the revised project subject to
revised conditions.
After discussing the matter, the Planning Commission revised the following
conditions:
Condition No. 17.c, to be deleted.
Condition No. 20 be revised to show "The Applicant..... and intensity of
all existing and proposed exterior lighting."
Even though this is not a public hearing, Chairman Thornburgh called upon
anyone who would like to speak.
Tom Kennedy, 77-350 Arroba, La Quinta, spoke stating that he had met with
representatives of Landmark and stated his family's concerns. The Applicant
has now revised the original project and his family is happy with the new
proposal.
There being no further discussion, Chairman Thornburgh called for a motion.
2. Commissioner Brandt made a motion, based on the original findings in the
Staff Report dated May 14, 1985, to recommend approval of Revised Plot Plan
No. 85-143 in accordance with Exhibit "A", and subject to attached conditions,
as amended. Commissioner Walling seconded the motion. Unanimously Adopted.
Chairman Thornburgh called for the Staff Reports on the next four items of business.
Director Stevens identified the items as follows:
B. Plot Plan No. 85-170, a request to construct a single-family dwelling on the
west side of Avenida Mendoza, 200' south of Calle Monterey; Rick Johnson
Construction, Applicant.
C. Plot Plan No. 85-171, a request to construct a single-family dwelling on the
west side of Avenida Mendoza, 240' south of Calle Monterey; Rick Johnson
Construction, Applicant.
D. Plot Plan No. 85-174, a request to construct a single-family dwelling on the
east side of Avenida Juarez, 100' south of Calle Ensenada; Earle W. Krepelin,
Applicant.
E
MINUTES - PLANNING COM3,1ISS1ON
June 25, 1985
Page 3.
E. Plot Plan No. 85-175, a request to construct a single-family dwelling on the
east side of Eisenhower Drive, 250' south of Calle Sinaloa; Austin Paz,
Applicant.
Director Stevens stated that all of the requests are consistent with the
requirements of the R-1 Zone and the goals and objectives of the La Quinta
General Plan, their building designs are compatible with area development and
the projects will not have a significant impact on the environment. Therefore,
based on these findings, Staff is recommending approval of the plot plans.
Commissioner Moran requested Director Stevens to double check the footage of
the bedrooms in Plot Plan No. 85-175. She felt they were very "close" to the
City's required ten -foot clear dimension standard and felt it should be watched.
There being no further discussion, Chairman Thornburgh called for a motion.
2. Commissioner De Gasperin made a motion, based on findings in the Staff Report,
to approve Plot Plans Nos. 85-170, 85-171, 85-174 and 85-175, in accordance
with Exhibits A, B and C and subject to their attached conditions of approval.
Commissioner Moran seconded the motion. Unanimously Adopted.
There was a brief discussion updating the Planning Commission on the progress of the
General Plan project by the consultant.
6. ADJOURNMENT
There being no further items of Agenda to come before the Commission, Chairman
Thornburgh called for a motion to adjourn.
Commissioner Walling made a motion to adjourn to the next regular meeting of
July 9, 1985, at 7:00 p.m., in La Quinta City Hall, 78-105 Calle Estado, La Quinta,
California. Commissioner De Gasperin seconded the motion. Unanimously Adopted.
The regular meeting of the Planning Commission of the City of La Quinta, California,
was adjourned at 7:35 p.m., June 25, 1985, in the La Quinta City Hall, 78-105 Calle
Estado, La Quinta, California.
ITEM NO. A ' (2,
�.
DATE
PLANNING COMMISSION MEETING
RE: 1�� i �s- / 2 d' s- /7rj,
.MOTION BY: BRANDY DE GASPERIN RAN W7ILLING THORNBURGi
ECOND BY: ) DE GASPERIN ING THORNBURGi
(7S DISCUSSION: Xlo-C �s'/7�7
79
Sly - /94t LJ.,lS7 �fuCT��
ROLL CALL VOTE:
CO*24ISSIONERS: AYE NO ABSTAIN ABSENT PRESENT
BRANDT —
DE GASPERIN —
MORAN —
ii.ILING —
THGEMURGH —
UNANIMOUSLY ADOPTED: YES NO
MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Chairman and Members of the Planning Commission
From: Cammunity Development Department
Date: July 9, 1985
Subject: PLOT PLAN NO. 85-178
Location: West Side of Avenida Madero, 130' North of Calle Colima
Applicant: Rick Johnson Construction
Request: Approval to Construct a Single -Family Dwelling Intended for Sale
1. General Plan: Low Density Residential (3-5 Dwellings Per Acre).
2. Zoning: R-1*++ (One Family Dwellings, 17' Height Limit, 1200-Square-Foot
Minimum Dwelling Size).
3. Existing Conditions: The 50' x 150' lot is located in the subdivided Cove area
on the west side of Avenida Madero, 130' north of Calle Colima. The area is
developed with scattered single-fmiily homes on single lots. There is a variety
of roofing materials and house designs. Previous approvals directly adjacent to
this proposal shall have tile roofs.
4. Environmental Assessment: The project is categorically exempt from the require-
ments of the California Environmental Quality Act (CEQA) and a Notice of Exemption
will be filed with the County Recorder.
5. Description of the Request: The Applicant, who is a contractor, is requesting
approval to construct a single-family house intended for sale. Rick Johnson has
received 29 previous approvals. Twenty (20) hares have been completed, three (3)
are under construction, and six (6) are in plan check. This application has been
submitted concurrently with three (3) other applications. All of the Applicants
houses have been presold and there are no vacant ones.
The house has 1592-square-feet of usable living area with three bedrooms, each
exceeding the 10-foot clear dimension required, two baths and an attached two -car
garage with a connecting pedestrian door leading into the house. The building
will have light brown stucco siding, brown trim, and a brown asphalt shingled,
peaked roof. The house has a 20-foot front setback, a 63-foot rear setback and
five-foot sideyard setbacks. There are 24" eaves.
0 0
STAFF REPORT - PLANNING COMMISSION
July 9, 1985
Page 2.
STAFF COMMU7TS AND ANALYSIS
The floor plan, height and siting of the house collies with the R-1*++ Zoning
requirements of the City's adopted minimum requirements for single-family houses.
The Planning Commission, in the past, has held that asphalt shingles are consistent
with tile roofs. Based on that prenLise, the overall house design (including materials)
is compatible with surrounding homes, both proposed and existing.
The house's size and bulk are comparable to that of surrounding dwellings.
FINDINGS
1. The request is consistent with the requirements of the R-1 Zone and the goals
and objectives of the La Quinta General Plan.
2. The building is compatible with area development.
3. The project will not have a significant adverse impact on the environment and is
categorically exempt from the requirements of the California Environmental Quality
Act (CEQA).
STAFF RECOMMENDATION
Based upon the above findings, the Community Development Department recommends approval
of Plot Plan No. 85-178 in accordance with Exhibits A, B and C and subject to the
attached conditions.
P ARID BY•
Tamara Ca�aUell
Assistant Planner
TC:dmv
Atchs: 1. Conditions
2. Exhibits A, B and C
APBY-
i /kL--
Lawrence L. Stevens AICP
Community Development Department
2M APPROVAL IS MA 2D 2M iULIMDOG CONDITIONS:`
1. 2 he development of the site shall be in oonfamence with the Hd:ibits A,
8 and C contained in the file for Plot Plan No. 85-178 , Unless Otherwise
amended by the following conditions.
2. Rhe approved plot plan shall be used Within two years of the approval date;
othe dee, it shall became null and void and of no effect whatsoever. By
"use" is meant the beginning of substantial contraction, not including
gradingv contemplated by this approval which is begun with the two-year
period and is thereafter diligently pursued to completion.
3. Water and sewage disposal facilities shall be installed in accordance With
the requir'anents of the Riverside county health Department.
4. Fire Protection shall be provided in accordance with the standards of the
Uniform Fire Code as adopted by the City of La Quinta.
5. Prior to the issuance of a building permit, the developer shall submit
and have approved, a detailed landscape plan for the front yard
the species, size, location and spacing of all planting materialsirg
a minimum Of two (2), 15-gallon, street trees. 'he plan shall indicate the
irrigation system and the location of the required three (3) outdoor water
spigots. Prior to the issuance of a Oertificate of occupancy, the Applicant
shall install landscaping in accordance with the approved landscape plan.
All trees and plants shall be maintained in viable condition for the life of
the approved use.
6. Rhe heating and cooling mechanical equipment shall be ground mommted, or
screened entirely by the roof structure.
7. Refuse containers and bottled gas containers shall be eonoealed by fencing
or landscaping.
B. Rhe driveway shall be surfaced with concrete and have asphaltic concrete
oomu cling pavement (a 2" x 4" header) to the existing street pavement.
9. The Applicant shall obtain clearances and/or permits from the following
agencies prior to submitting these plans to the Building Department for
plan check:
° Riverside County Health Department
° City Fire Mushal
° Community Development Department, Planning Division
° Desert Sands Unified School District
10. the Applicant shall pay a school development fee as determined by the Desert
Sands Unified School District in accordance with the school mitigation agree-
ment as approved by the City Council and in effect at the time of issuance of
a building permit. A letter from Desert Sands Unified School District stating
that these fees have been paid shall be presented to the Community Development
Department, Building Division, prior to issuance of a building permit.
11. The structure shall have a Class "A" roof covering.
MEMORANDUM
CITY OF LA OUINTA
To: The Honorable Chairman and Members of the Planning Camussion
From. Conamity Development Department
Date: July 9, 1985
Subject: PLOT PLAN No. 85-179
Location: West Side of Avenida Madero, 180' North of Calle Colima
Applicant: Rick Johnson Construction
Request: Approval to Construct a Single -Family Dwelling Intended for Sale
1. General Plan: Low Density Residential (3-5 Dwellings Per Acre).
2. Zoning: R-1*++ (One Family Dwellings, 17' Height Limit, 1200-Square-Foot
Minimum Dwelling Size).
3. Existing Conditions: The 50' x 150' lot is located in the subdivided Cove area
on the west side of Avenida Madero, 180' north of Calle Colima. The area is
developed with scattered single-family hares on single lots. There is a variety
of roofing materials and house designs. Previous approvals directly adjacent to
this proposal shall have tle roofs.
4. Environmental Assessment: The project is categorically exempt from the require-
ments of the California Environmental Quality Act (CEQA) and a Notice of Exenption
will be filed with the County Recorder.
5. Description of the Request. The Applicant, who is a contractor, is requesting
approval to construct a single-family house intended for sale. Rick Johnson. has
received 29 previous approvals. Twenty (20) hares have been completed, three (3)
are under construction, and six (6) are in plan check. This application has been
submitted concurrently with three (3) other applications. All of the Applicants
houses have been presold and there are no vacant ones.
The house has 1592-square-feet of usable living area with three bedrooms, each
exceeding the 10-foot clear dimension required, two baths and an attached two -car
garage with a connecting pedestrian door leading into the house. The building
will have off-white stucco siding, brawn trim, and a brown asphalt shingled,
peaked roof. The house has a 20-foat front setback, a 63-foot rear setback and
five-foot sideyard setbacks. There are 24" eaves.
0 0
STAFF REPORT - PLANNING COMMISSION
July 9, 1985
Page 2.
STAFF COMTTl'S AND ANALYSIS
The floor plan, height and siting of the house complies with the R-1*++ Zoning
requirements of the City's adopted ndrdmmaan requirements for single-family houses.
The Planning Commission, in the past, has held that asphalt shingles are consistent
with tile roofs. Based on that premise, the overall house design (including materials)
is compatible with surrounding homes, both proposed and existing.
The house's size and bulk are comparable to that of surrounding dwellings.
FINDINGS
1. The request is consistent with the requirements of the R-1 Zone and the goals
and objectives of the La Quinta General Plan.
2. The building is compatible with area development.
3. The project will not have a significant adverse impact on the environment and is
categorically exempt fron the requirements of the California Envinxmmental Quality
Act (CEQA).
STAFF RDCCN43tIIMTION
Based upon the above findings, the Camamity Development Department recommends approval
of Plot Plan No. 85-179 in accordance with Exhibits A, B and C and subject to the
attached conditions.
BY:
Lawrence L. Stevens, AICP
Comamity Development Department
TC:dmnv
Atchs: 1. Conditions
2. Exhibits A, B and C
THIS APTiiOVAL IS S 10 7HE tO.LOYiliJG 00AUDITI
I. 'Due develcFMOnt of the site shall be in MdaQmenoe with the Bddbits A,
8 and C contained in the file for plot Plan No. 85-179 , unless obise
amended by the following Conditions.
2. The approved pia plan shall be used within two years of the approval date;
otherwise, it shall become mill and void and of no effect whatsoever. By
'use" is meant the beginning of substantial oonstruction, not including
gradinge oantetplated by this approval which is begun with the two-year
period and is thereafter diligently pursued to ompletion.
3. Water and sewage disposal facilities shall be installed in accordance with
the requirements of the Riverside Ootmty Health Department.
4. Fire protection shall be provided in aoeordanoe with the standards of the
Uniform Fire Oode as adopted by the City of Ia Quinta.
5. Prior to the issuance of a building permit, the developer shall submit
and have approved, a derailed landscape plan for the front yard showing
the species, size, location and spacing of all planting materials, including
a minimOf two (2), Lregallon, street trees. The plan shall indicate the
irrigation system and the location of the required three (3) outdoor water
spigots. Prior to the isaunoe of a Certificate of Oocupeny, the Applicant
shall install landscaping in accordance with the approved landscape plan.
All trees and plants shall be maintained in viable condition for the life of
the approved use.
60 the heating and Cooling nedhanica equipment shall be ground mounted, or
screened entirely by the roof structure.
7. Refuse Containers and bottled gas containers shall be Concealed by fencing
or landscaping.
S. The driveway shall be surfaced with ooncrete and have asphaltic Concrete
coma cting pavement (a 2" x 4" header) to the existing street payment.
9. 7he Applicant stall obtain clearances and/or permits fran the following
agencies prior to submitting these plans to the Building Department for
plan check:
" Riverside Oounty Health Department
" City Fire Mushal
" Cmau pity Development Department, Planning Division
° Desert Sands Unified School District
10. 7he Applicant shall pay a school develolniennt fee as determined by the Desert
sands Unified School District in accordance with the school mitigation agree-
ment as approved by the City Council and in effect at the time of issuance of
a building permit. A letter fran Desert Sands Unified school District stating
that these fees have been paid shall be presented to the C m xuty Development
Department, Building Division, prior to issuance of a building permit.
11. 7he structure shall have a Class "A" roof covering.
n1,
MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Chairman and Members of the Planning Commission
From: Community Development Department
Date: July 9, 1985
Subject: PLOT PLAN No. 85-184
Location: Fast Side of Avenida Herrera, 100' South of Calle Chillon
Applicant: Rick Johnson Construction
Request: Approval to Construct a Single -Family Dwelling Intended for Sale
1. General Plan: Low Density Residential (3-5 Dwellings Per Acre).
2. zoning: R-1*++ (one Family Dwellings, 17' Height Limit, 1200-Square-Foot
Minin mi Dwelling Size).
3. Existing Conditions: The 50' x 100' lot is located in the subdivided Cove area
on Avenida Herrera, south of Calle Chillon. The surrounding houses generally
are typical California Ranch style with gable roofs. Siding materials include
wood and stucco, and roofing materials are predaninantly gravel with score houses
having the roofs. Almost all the houses are built on single lots.
4. Environmental Assessment: The project is categorically exempt from the require-
ments of the California Environmental Quality Act (CEQA) and a Notice of Exemption
will be filed with the County Recorder.
5. Description of the Request: 1he Applicant, who is a contractor, is requesting
approval to construct a single-family house intended for sale. Rick Johnson has
received 29 previous approvals. Twenty (20) hares have been ompleted, three (3)
are under construction, and six (6) are in plan check. This application has been
submitted concurrently with three (3) other applications, one of which is adjacent
to this site. All of the Applicant's houses have been presold and none are vacant.
The house has 1592-square-feet of usable living area with three bedrooms, each
exceeding the 10-foot clear dimension required, two baths and an attached two -car
garage with a connecting pedestrian door leading into the house. The building
will have off-white stucco siding, brown trim, and a brown asphalt shingled,
peaked roof. The house has a 20-foot front setback, a 16-foot rear setback and
five-foot sideyard setbacks. There are 24" eaves.
STAFF REPORT - PLANNING COMMISSION
Plot Plan No. 85-184
Page 2.
STAFF 0"1EnTPS AND ANALYSIS
The floor plan, height and siting of the house comply with the R-1*++ Zoning
requirements of the City's adopted minimum requirements for single-family homes.
Regarding the coupatibility of the house's design, the overall design and roof
style are consistent with the surrounding development. The proposed stucco siding
is also consistent with the materials on the existing houses. Although none of the
surrounding homes have asphalt shingle roofing, in the past the Planning Commission
has determined that this roofing material is caTpatible with tile and gravel roofs.
Lastly, although the stucco color is different than that on the Applicant's proposed
house adjacent to the site, the conditions of approval require other modifications
to the architectural features and siting to vary the appearance of these two buildings.
The house's size and bulk is similar to the surrounding hares. The Applicant's
proposal to construct the dwelling is also consistent with the siting of the existing
houses.
FINDINGS
1. The request is consistent with the requirements of the R-1 Zone and the goals
and objectives of the La Quinta General Plan.
2. The building is compatible with area development
3. 'Tile project will not have a significant adverse inpact on the environment and is
categorically exenpt from the requirements of the California Environmental Quality
Act (CEQA).
Based upon the above findings, the Ccmtunity Development Department recam ends approval
of Plot Plan No. 85-184 in accordance with Exhibits A, B and C and subject to the
attached conditions.
VvL
Sandra L.
Ho¢uier/
Principal
Planner
SLB:dmv
Atchs: 1. Conditions of Approval
2. Exhibits A, B and C
APPROVED BY:
A7� ,
".—
Lawrence
L. Stevens, AICP
Ca[[muiity Development Director
THIS APPPONAL IS Stht 3 T TO 7HE iWANIM OOh MOMS:
1. The development of the site shall be in conformance with the Bddbits A,
8 and C oontained in the file for Plot Plan No. 85-184 , unless otherwise
amended by the following conditions.
2. The approved plot plan shall be used within two years of the approval date;
otherwise, it shall baoome null and void and of no effect whatsoever. By
"use" is meant the beginning of substantial construction, not including
period and is mplated by this approval Iddch is begun ithe two-year
thereafter diligently pursued to completion.
3. Water and sewage disposal facilities shall be installed in accordance with
the requirements of the Riverside Couanty Health Department.
4. Fire protection shall be provided in accordance with the standards of the
Unlfonm Fire OD& as adopted by the City of Ia Quinta.
5. Prior to the issuance of a building permit, the developer shall submit
and have approved, a detailed landscape plan for the front yard showing
the species, size, location and spacing of all planting materials, including
a minimum of two (2). 15-gallon, street trees. the plan shall indicate the
irrigation system and the location of the required the,,outdoor water
spigots. Prior to the issuance of a On tifica of Y
shall install landscaping in accordance with the approved landscape plan.
All trees and plants shall be maintAined in viable condition for the life of
the approved use.
6. 73re heating and cooling mechanical equipment shall be ground mounted, or
screened entirely by the roof structure.
7. Refuse containers and bottled gas containers shall be conosaled by fencing
or landscaping.
B. The driveway shall be surfaced with concrete and have asphaltic concrete
connecting pavement (a 2" x 4" header) to the existing street pavement.
9. The Applicant shall obtain clearances and/or permits from the following
agencies prior to submitting these plans to the Building Department for
plan check:
° Riverside Oonty Health Department
° City Fire Marshal
" Oam u ty Development Department, Planning Division
° Desert Sands Unified School District
10. The Applicant shall pay a school development fee as determined by the Desert
Sands Unified School District in accordance with the school mitigation agree-
ment as approved by the City Council and in effect at the time of issuance of
a building permit. A letter fran Desert Sands Unified School District stating
that these fees have been paid shall be presented to the Commmity Development
Department, Building Division, prior to issuance of a building permit.
11. The structure shall have a Class "A" roof covering.
1F
CONDITIONS (Cont'd)
Plot Plan No. 85-184
12. Prior to the issuance of a building permit for Plot Plan No. 85-184 , the
Applicant shall submit to the C Mmmity Development Department for review
and approval specific information or details on stucco color and texture,
trim and other architectural features which will vary the appearance from
the adjacent dwelling with the same design as approved under Plot Plan No.
85-185.
MEMORANDUM
CITY OF LA QUINTA
To: The Honorable Chairman and Members of the Planning Commission
From: Co►munity Development Department
Date: July 9, 1985
Subject: PLOT PLAN No. 85-185
Location: East Side of Avenida Herrera, 150' South of Calle Chillon
Applicant: Rick Johnson Construction
Request: Approval to Construct a Single -Family Dwelling Intended for Sale
1. General Plan: Low Density Residential (3-5 Dwellings Per Acre).
2. Zoning: F-lk++ (One Family Dwellings, 17' Height Limit, 1200-Square-Foot
Minumnn Dwelling Size).
3. Existing Conditions: The 50' x 100' lot is located in the subdivided Cove area
on Avenida Herrera, south of Calle Chillon. The surrourx1isg houses generally
are typical California Ranch style with gable roofs. Siding materials include
wood and stucco, and roofing materials are predominantly gravel with sore houses
having tile roofs. Almost all the houses are built on single lots.
4. Environmental Assessment: The project is categorically exenpt from the require-
ments of the California Environmental Quality Act (CEQA) and a Notice of Exemption
will be filed with the County Recorder.
5. Description of the Request: The Applicant, who is a contractor, is requesting
approval to construct a single-family house intended for sale. Rick Johnson has
received 29 previous approvals. Twenty (20) hemnes have been oampleted, three (3)
A re under construction, and six (6) are in plan check. This application has been
submitted concurrently with three (3) other applications, one of which is adjacent
to this site. All of the Applicant's houses have been presold and none are vacant.
The house has 1592-square-feet of usable living area with three bedro=, each
exceeding the 10-foot clear dimension required, two baths and an attached two -car
garage with a connecting pedestrian door leading into the house. The building
will have beige stucco siding, brown trim, and a brown asphalt shingled,
peaked roof. The house has a 20-foot front setback, a 16-foot rear setback and
five-foot sideyard setbacks. There are 24" eaves.
0
STAFF REPORT - PLANNING CCMUSSION
Plot Plan No. 85-185
Page 2.
STAFF CCW"M AND ANALYSIS
The floor plan, height and siting of the house comply with the R-1*++ Zoning
requirements of the City's adopted minimun requirements for single-family homes.
Regarding the crnpatibility of the house's design, the overall design and roof
style are consistent with the surrounding developent. The proposed stucco siding
is also consistent with the materials on the existing houses. Although none of the
surrounding homes have asphalt shingle roofing, in the past the Planning Co mdssion
has determined that this roofing material is conpatible with file and gravel roofs.
Lastly, although the stucco color is different than that on the Applicant's proposed
house adjacent to the site, the conditions of approval require other modifications
to the architectural features and siting to vary the appearance of these two buildings.
The house's size and bulk is similar to the surrounding homes. The Applicant's
proposal to construct the dwelling is also consistent with the siting of the existing
houses.
1. The request is consistent with the requirements of the R-1 Zone and the goals
and objectives of the La Quinta General Plan.
2. The building is caxpatible with area development.
3. The project will not have a significant adverse impact on the environment and is
categorically exenpt fran the requirements of the California Environmental Quality
Act (CEDA) .
STAFF RECOMMENDATION
Based upon the above findings, the Co m tuty Develop mot Department recatmends approval
of Plot Plan No. 85-185 in accordance with Exhibits A, B and C and subject to the
attached conditions.
PREPARED BY:
J
Sandra L. Bonner
Principal Planner
SLB:dmv
Atchs: 1. Condition of Approval
2. Exhibits A, B and C
APP�ID BY:
Lawrence L. Stevens, AICP
Commuuty Development Director
1. The develcpmsnt of the site shall be in ocnfociannce with the bddbit6 A,
8 and C Contained in the file for plot Plan No. 85-185 , unless other
amended by the following conditions.
2. The approved plot plan shall be used within two years of the approval date;
otherwise, it shall become will and void and of no effect whatsoever. By
'use" is meant the beginning of substantial construction, not including
grading. contwpUted by this approval which is begnan with the two-year
period and is thereafter diligently pursued to completion.
3. Water and sewage disposal facilities shall be installed in a000mdanoe with
the s+equiramts of the Riverside Comity Health Department.
4. Fire protection shall be provided in accordance with the standards of the
Uhifomn Fire Cc& as adopted by the City of la Quanta.
S. Prior to the issuance of a building pewit, the developer shall submit
and have approved, a detailed landscape plan for the front yard showing
the species, size, location and spacing of all planting materials, including
a minimum of two (2), 15-gallon, street trees. The plan shall indicate the
irrigation system aid the location of the required three (3) outdoor water
spigots. Prior to the issuance of a certificate of omoupancy, the Applicant
shall
scaping in accordance with the approved lindscape plan.
All trees and pla
nts nts shall be maintained in viable concUtuin for the life of
the approved use.
6. 7tne heating aid cooling mechanical eVipment shall be groan] mounted, or
screened entirely by the roof structure.
7. refuse containers and bottled gas containers shall be concealed by fencing
or landscaping.
S. 'The driveway shall be surfaced with omcrete and have asphaltic concrete
connecting pavement (a 2" x 4" header) to the existing street pavement.
9. The Applicant shall obtain clearances and/or permits from the following
agencies prior to submitting these plans to the Building Department for
Plan Check:
" Riverside county Health Department
" City Fire Marshal
" Oomumity Development Department, Planning Division
° Desert Sands Unified School District
10. 7Yhe Applicant shall pay a school develcpamt fee as determined by the Desert
Sands Unified School District in accordanoe with the school mitigation agree-
ment as approved by the City Oouncil and in effect at the time of issuance of
a building permit. A letter from Desert Sand Unified School District stating
that these fees have been paid shall -be presented to the Ommmity Development
Department, Building Division, prior to issuance of a building permit.
11. 7lhe structure shall have a Class "A" roof Covering.
0
CONDITIONS (Oont'd)
Plot Plan No. 85-185
12. Prior to the issuance of a building permit for Plot Plan No. 85-185 , the
Applicant shall submit to the Oamunity Development Department for review
and approval specific information or details an stucco color and texture,
trim and other architectural features which will vary the appearance from
the adjacent dwelling with the same design as approved under plot Plan No.
85-184.