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2001 05 08 PCPlanning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California May 8, 2001 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2001-058 Beginning Minute Motion 2001-010 CALL. TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This its the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting on April 24, 2001 and joint meeting with the City Council on April 4, 2001. B. Department Report V. PRESENTATIONS: None PC/AGENDA L U 1 A. Item ................... CONTINUED - ENVIRONMENTAL ASSESSMENT 94-287 ADDENDUM, SPECIFIC PLAN 94-025 AMENDMENT #1, CONDITIONAL USE PERMIT 99-047, AND PARCEL MAP 28610 Applicant........... Agiotage Limited Location............ Bisected by the future Jefferson Street, approximately a half mile south of Avenue 58 Request ............. Certification of an EIR Addendum for Specific Plan 94- 025 allowing a new access road for an approved master planned residential community of 277 houses; 2) development of a private road on a hillside slope exceeding 20 percent; 3) amend the Green Specific Plan to allow a 3,000 foot long private access road along the north side of a 330.70 acre property to serve ten custom lots; and 4) a Tentative Parcel Map subdividing 330.70 acres into four parcels and other lettered street lots. Action ............... Resolution 2001 , Resolution 2001- , Resolution 2001- , Resolution 2001- B. Item ................... CONDITIONAL USE PERMIT 2001-059 Applicant........... Sprint PCS Location............ 81-600 Avenue 58, Imperial Irrigation District Request ............. Installation of telecommunication apparatus to be located on an existing 100 foot high tower. Action ............... Resolution 2001- C. Item ................... SITE DEVELOPMENT PERMIT 2001-701 - EAGLES BEND Applicant........... CRV La Quinta 70, LLC - Peter Bilicki Location............ Northwest corner of Bellerive and Winged Foot within PGA West Request ............. Review of architectural and landscape plans for two new prototype residential units with three facades each. Action ............... Resolution 2001- D. Item ................... TENTATIVE TRACT MAP 30136 Applicant........... SRHI, LLC (Reilly Homes) Location............ East of Madison Street, abutting both sides of Legends Way and west of Mountain View within PGA West Request ............. Subdivision of 18.94 acres into 62 single family and other miscellaneous common lots. Action ............... Resolution 2001- PC/AGENDA 00 E. Item ................... SITE DEVELOPMENT PERMIT 2001-693 Applicant........... JR Properties for The 99C Stores Location............ Northwest corner of Highway 111 and Jefferson Street, adjacent to Home Depot in the Jefferson Plaza. Request ............. Review of architectural and landscape plans for a shopping center to include a 23,000 square foot commercial store. Action ............... Request to continue to May 22, 2001 F. Item ................... ADDENDUM TO ENVIRONMENTAL ASSESSMENT #41, GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001- 703, AND TENTATIVE TRACT MAP 30125 Applicant........... KSL Land Development Location............ The southeast corner of Eisenhower Drive and Avenue 50 Request ............. 1) Certification of an Addendum to an Environmental Impact Report; 2) a General Plan Amendment and Zone Change to change lands currently designated as Tourist Commercial to Low Density Residential; 3) a Specific Plan Amendment establishing development standards and design guidelines for the construction of 65 single family homes, a clubhouse, and amendment of the landscaping plant palette; and 4) development plans for the model homes; and subdivision of 17.82 acres into 65 single family lots and miscellaneous lots. Action ............... Resolution 2001 , Resolution 2001- , Resolution 2000-_, Resolution 2001-, Resolution 2001 Resolution 2001 G. Item ................... ENVIRONMENTAL ASSESSMENT 2001-421, GENERAL PLAN AMENDMENT 2000-073, SPECIFIC PLAN 84-004 AMENDMENT #4, TENTATIVE PARCEL MAP 20469 AMENDMENT, AND TENTATIVE TRACT MAP AMENDMENTS TO 25154, 27835, 27840, 27952, 28343, 28640, 28912, 29043, 29283, AND 29457 Applicant........... Watson and Watson Engineering and Forrest Haag, ASLA, Incorporated Location............ South of Avenue 48, north of Avenue 50, west of Jefferson Street, and east of Washington Street within Rancho La Quinta Country Club Request ............. 1) Certification of a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment to modify Chapter 7, Policy 7-1 .4.3 of the Infrastructure and Public Services Element to allow an exemption to the undergrouding of utility lines that are attached to joint -use 92 KV transmission lines; 3) Amendment #4 to Specific PC/AGENDA UU3 Plan 84-004 to establish new guidelines and standards for overhead utility lines, undergounding, and adding five acres to the 718 acre master planned community of 1,300 residential units oriented around two 18-hole golf courses; 4) a request to amend the Conditions of Approval for Parcel Maps and Tract Maps to eliminate the undergrounding of overhead utility lines on 92 KV transmission lines and; and 5) amending Tract 29457 to subdivide 283 acres into 265 residential and other common lots. Action ............... Resolution 2001-_, Resolution 2001- Resolution 2001- , Resolution 2000- , Resolution 2001- Resolution 2001 , Resolution 2001- , Resolution 2001- , Resolution 2001- , Resolution 2001- Resolution 2001- , Resolution 2001-, Resolution 2001-, Resolution 2001 - VII. BUSINESS ITEMS: A. Item ................... SITE DEVELOPMENT PERMIT 2001-704 - THE ESTATES Applicant........... Estates 18 LLC - Peter Bilicki Location............ Along Peninsula Lane within PGA West Request ............. Review of an 18 lot development of two prototypes with three and two facade treatments, respectively, and landscape design plans. Action ............... Minute Motion 2001- VIII. CORRESPONDENCE AND WRITTEN MATERIAL IX. COMMISSIONER ITEMS: A. Commissioner discussion regarding City Council meeting of May 1, 2001. X. ADJOURNMENT PC/AGENDA 00Z MEMORANDUM TO: Community Development Department FROM: Steve Speer Senior Engineer DATE: May 4, 2001 SUBJECT: Tentative Tract Map No. 29457 (Amend #1) / Specific Plan 84-004 (Amend 44) Rancho La Quinta Requested Engineering Conditions The Public Works Department requests that the following changes be incorporated into the Conditions of Approval for Tentative Tract 29457 (Amendment 41): Existing Condition: PROPERTY IRIGHTS The applicant shall vacate abutter's rights of access to Avenue 48 and, ' Jefferson Street except for the Jefferson Street entryway aligned with Avenue 49. To be modified to read: PROPERTY I1IGHTS UU1,74 The applicant shall vacate abutter's rights of access to Avenue 48 and Jefferson Street except for the Jefferson Street entryway aligned with Avenue 49. Vacation of abutter's rights do not apply to CVWD for well - sites. D�LgCFF; ✓�F In� MAY 0 ' 2001 D 'I u� i CiI) 0f LACUINTA PLANNING DEPARTMENT 00 T^� 4 4Qu&rw MEMORANDUM TO: Community DevelPent Department FROM: Steve Speer Senior Engineer DATE: May 8, 2001 SUBJECT: Tentative Tract Map No. 29457 (Amend #1) / Specific Plan 84-004 (Amend #4) Rancho La Quinta Requested Engineering Conditions The Public Works Department requests that the following modifications be made to the Conditions of Approval for Tentative Tract 29457 (Amendment #1). GRADING Maximum pad elevation for the following lots shall be: Lot 259 47.9feet 45.6 feet Lot 260 49. i feet 46.4 feet Lot 261 56.2 feet 47.1 feet Lot 262 51.4-feet 48.0 feet Lot 263 52.5feet 48.7 feet Lot 264 53.0 feet 49.2 feet Lot 265 53.8 feet 49.8 feet 00 (:0 L',_VCz C S fJ P�,_) 0 ACM C CL £s 0 April 18, 2001 Dear Neighbor, APR 2 2001 CITY 0 LA pUINTA CITY MANAGERRS' DEPT. ®�® INDIAN. WELD TENNII GARDEN We want to give you notice we are holding a special event over the next 30 days at our facility. This event is live entertainment and the information is as follows: ♦ Saturday, May 19': A concert with Los Lobos as the headliner and Maio, featuring Jorge Santana, as the opening act. The concert will begin at 7:30pm with doors opening at 6:30pm. Both bands are legends in the Latin entertainment world and Los Lobos will be receiving a Lifetime Achievement Award from Billboard Magazine later this month. We will not be using the stadium sports lights or stadium announcing system during these events. The Riverside County Health Department will be monitoring the sound during the concert to assure we do not exceed 65db at our property lines. The traffic for these events will be handled according to our approved) traffic plan. Tickets go on sale Friday, April 27`". For ticket information, please call the Indian Wells Tennis Garden box office at 760-345-8499. Yours truly, Q60- (1� Richard R. Oliphant Project Manager 78 200 Miles Avenue - Indian Wells. CA 92210 760 360 3346 Fax 760-772-3299 eox Office: 80U999-1585 007 0 -7 ""asters series.con, U 11 � Les & Jancie Wolf 49-98I Mission Drive West La Quinta, CA 92253 May 7, 2001 M` -.- (no MAY -12001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 To the Planning Commission o FC UVE MAY 0 72001' CITY OF cAQUINTA PLANNING DEPARTMEN' RE: Amendment request by T.D. Development As residents of Rancho La Quinta Country Club, we received a notice regarding the request by the developers of our community. If we understand this request correctly, the developer is asking for an amendment to allow the existence of the overhead power lines surrounding our property. If this is true, this is counter to what we were told by the developer when we purchased our home. We were told the power lines surrounding the development would be placed underground "in the near future". This was important to us as our home within 100 feet of 50`s avenue, and much of our view is to the south. That view is somewhat spoiled by the existence of the overhead power lines. Therefore, we urge the planning commission to insist that these power lines be placed underground, as originally promised. The developers current advertising slogan of "more view, more new" is not in keeping with their request.to leave the power lines above ground. Thank you for considering our views on this matter. Sincerely Cl- �5� Les Wolf - Janice Wolf r / V MAY-08-2001 TUE 03:39 PM LA QU]NTA RESORT HOMES FAX NO. 7607774833 P. 02 DEVELOPMENT CORPORATION 0 \hay 8, 2001 ferry rlcrman Conunuuity Development Director City of La Quinta 7t1-405 Callc Tampico La Quinta, CA 92253 Re. Tentative Tract 30125 17ear Jerly: Per our discussion earlier today, we have been unable to gain acceptable resolution of the conditions of approval for the above referenced tract which is scheduled on the Planning Connnission agenda this evening. 'Therefore, we would request a continuance of the item to the b'1ay 22, 2001 Planning Commission agenda so that we may continue to work with stafl'to develop acceptable conditions of approval. it is our understanding that if we gain approval on that date that this continuance will not affect our City Councit hearing date of .June 5, 2001. Thank you and we look forward to continuing to work with staff in resolution of this issue. S Clhevis Hosea Vic e President, Land Development cc-. Lary lechliter Cindy Zamorez hottest l< Haag Christine Di lorio Chris Bergh Chris Vogt 'rotn Genovese 55 92(1 PGA 1loulevard " l.a Quinta, CA 92253 • (760) 564-7166 • Fax (760) 564-7131 Ll 05-08-01 16:41 RECEIVED FROM:7507774833 P.02 FRiN : Center For Dio-Diversity, CA FAX NO rla y. OT. 20111 J : 4511 F2 Center for B iolo9* Cal Diversity Promtvg �d mvw?{g mdzgwd ,taw mid aWp" ooWe "Nm1AA�a .md the Pwj,dawgb r ,", faticy, "&w, m/d vaermmmrtad /mv. VIA FACSRyM E AND HAND DELIVERY May 7, 2001 City of La Quinta Planning Conunission c/o Christine Di Iorio, Acting Community Development Director City of La Quinta P.O. Box 1,504 La Quinta CA 92253 Re: Response to previous Commission meeting statements on Environmental Impact Report (94- 287) Addendum for "The Green" nroiect Honorable Commissioners and Ms. Di lorio: Thank you for this opportunity to provide additional comments on the Addendum to Environmental Impact Report (94-287) for "The Green" development project in the City of La Quinta. The purpose of this letter is to respond to statements made at the April 10, Planning Commission heating by the Commission and Assistant City Attorney John Ramirez. TheCenteragain requests that the Planning Commission deny certification of The Green EIR addendum, and that the Commission request submission by the project applicant of a subsequent EIR addressing, new information and changed circumstances regarding project impacts to Peninsular bighorn sheep prior to reconsideration. New information and changed circumstances reveal that the project will significantly harm the endangered bighorn to an extent not known or considered during the course of previous California Environmental Quality Act analysis. Center response to Assistant City Attomey Ramirez comments At the April 101 Commission meeting, Assistant City Attorney John Ramirez made several comments regarding Center interest in The Green project and against the need for a subsequent or supplemental EIR. The Center respectfully disagrees with these comments and responds as Ulows. Tucson • Plioenix •,San Diego - Silver City • Berkeley • Portland - Shaw Island 3,udiem Cakbaria Office •P0 Bm 628 •s�,Ysab 1, CA- 82070 T. (160) 782,M44 • F. (76C� 7820301 www.lYdogaldive,siy..vg 05-07-01 15: 30 RECEIVED FROM: P'02 FROM : Center for Bio-Diversity, CH FAX NO. May. 07 2001 03:46PM P7 Response torevious Plannin Commission meetingstatem nts on The Green project EIR addendum May 7, 2001 Page 2 First, Mr. Ramirez alleged that Center involvement in The Green project may be a punitive response to the City of La Quinta's intervention in a Center lawsuit against the Bureau of Land Management. This allegation is incorrect and unprofessional. The Center is involved in The Breen project for no reason other than our mission to protect endangered species and our specific concern over negative effects of the project on the endangered Peninsular bighorn sheep. The Commission should also be aware that Mr. Ramirez mis-characterized our Bureau of Land management lawsuit as an effort to close trails, including La Quinta's Boo Hoff Trail. In fact, the purpose of the Center's BLM lawsuit was to compel the BLM to carry out a long neglected proceduriil responsibility under the federal Endangered Species Act to ensure that all of its programs throughout the California desert do not jeopardize any federally listed species, including the Peninsular bighorn sheep. Please note that the BLM admitted its failure to carry out this responsibility in response to our lawsuit. Mr. Ramirez also asserts that points raised in the Center's previous letter of April 10 regarding; adequacy of the original EIR are time barred by Public Resource Code Section 21167.2. This certainly is not the case, especially with respect to concerns over the old EIR which are also now directly related to approval of the addendum. For example, the California Department of Fish and Game expressed concern in 1995 that mitigation details were not contained in the draft EIR. and that a detailed mitigation description for bighorn and other resources should therefore be presented in a draft subsequent EIR subject to full public review. But this was never accomplished and, as a result, the public and La Quinta decision makers never had an opportunity to review the adequacy of bighorn and other resource mitigation before approval of the original EIR. The project applicant and City's failure to disclose mitigation details is clearly relevant today as the addendum proposes the same old vague mitigation measures for new proposed impacts to bighorn — Some undisclosed amount of mitigation funding will be provided to the unfinished Coachella Valley Multiple Species Habitat Conservation Plan for some unspecified result, and a vaguely conditioned habitat management plan will be prepared at some later date for some unspecified result with no opportunity for public review and comment. Mr. Ramirez also asserts that two legal decisions, Sierra Club vs Gilroy City Counci➢ (1990, 222Cal.App.3d30)and ChaparralGreensys City of ChulaVista(1996,50Cal.AppAth1134).show that a subsequent EIR is not required for The Green project. This assertion is incorrect. The rational of the Chaparral Greens and Gilroy decisions does not apply to the Green project. 05-07-01 RECEIVED FROM: P-93 1.i:31 p FROM : Center for Eio-Diversita, CA FAX NO. May. 07 2001 03:47PM F4 Response to Arevious Planning Commission meeting statements on The Green project EIR addendum May 7, 2001 Page 3 In ,he Gilroy case, new information regarding project effects on endangered species came to light prior to certification of the project EIR (271 Cal. Rptr. 393, 395), not "years after" as the court found that the new information had been characterized by Mr. Ramirez: In Gilroy' adequately addressed in the responses to comments on the EIR. Chaparral Greens also involved disclosure of new information during public review and prior to certification of the original EIR. 58 Cal. Rptr. 2nd 153, 159. The new information was considered by the City of Chula Vista prior to certification of the EIR, so amendment of the EIR and re- circulation was not required. In contrast, significant new information has become available regarding the harmful effects of The Green project on bighorn since approval of the 1995 EIR. While it may be true as asserted by Mr. Ramirez that the 1995 EIR did address some significant impacts to bighorn, it could not have seen into the future to consider significant new information which has become available since 1995 on the harmful effects of the project. As stated in previous correspondence, and contrary to a statement by Mr. Ramirez, the Green project area -Martinez Canyon bighorn ewe group has suffered a significant decline since 1995. This ewe group lives in and around The Green project site. Bighorn in the Santa Rosa Mountains east of Highway 74 declined by roughly 42% between 1996 and 1998, from 83 down to 48 sheep.' 2 Also, Peninsular bighorn sheep were listed as an endangered species by the federal government in 1998, the U.S. Fish and Wildlife Service's expert Peninsular bighorn sheep recovery team identified "essential" bighorn habitat on The Green project site in 2000, and a major study was completed by the Bighorn Institute showing harmful effects of urban development on Peninsular bighorn. Unmentioned in our last letter but equally important as new information was the identificati in 2000 of formal "critical habitat" by the U.S. Fish and Wildlife Service over a portion of The Green proiect site, including the area to be disturbed for the new road. T}ns slgmficant new information has never been considered by La Quinta decision makers or offered for public review, and should now be in the form of a subsequent or supplemental EIR prior to approval of proposed project modifications. ' U.S. Fish and Wildlife Service. 2000. Recovery plan for bighorn sheep in the Peninsular Ranges, California. James AeForge, Bighorn Institute, personal communication 2001 05-07-01 15:32 RECEIVED FROM: P.94 FROH : Center for Rio -Diversity, CR FAX NO. May. 07 2001 O7:48P111 P5 Rea nse to previous Plannin Commission meeting statements on The Green project EIR addendum May 7, 2001 Page 4 Center response to Commissioner comments At one point during the April le meeting, Chair Robbins raised the point that the term "essential ]habitat" for the bighorn has no legal standing. The Commission should be aware, however, that this term is grounded in Endangered Species Act definitions, is of significant biological importance and affects how CEQA analysis and disclosure should unfold_ The term "essential habitat" was created by the U.S. Fish and Wildlife Service's expert Peninsular bighorn sheep recovery team to identify those areas believed to be essential for the survival and ultimate recovery, or "conservation" of the species, and ultimately to assist in identifying the more formal "critical habitat." The definition of "critical habitat" under the ESA is species' habitat .. on which are found those physical or biological features ... essential to the conservation of the species and ... which may require special management considerations or protection ..." The term "conservation" means "...all methods and procedures which are necessary to bring any (listed] species to the point at which measures provided pursuant to [the Endangered Species Act] are no longer necessary. According to CEQA standards, areas identified as essential habitat are just as important as the Service's more formal critical habitat determination. Both should be considered significant new information requiring a subsequent of supplemental EIR. Chair Robbins also asserted that The Green property was not of concern to the U.S. Fish and Wildlife Service. This should be viewed in light of the Service's expert recovery team's identification of essential habitat over the entire project site, and the Service's designation of critical habitat over a portions of the project site. Thank you for your consideration of these comments. 1 will be available at the Pilanning Conunission meeting this evening, or please contact me at 760 782-9244 if you have any questions regarding these comments. Sincerely, ' David Hogan cc: Curt. Taucher, Regional Manager, California Department of Fish and Game RECEIVED FROM: P.05/ 05-07-01 15:34 (11 3 LA QUINTA CITY COUNCIL MINUTES OF A SPECIAL MEETING HELD JOINTLY WITH THE PLANNING COMMISSION APRIL 4, 2001 A special joint meeting of the La Quinta City Council and Planning Commission was called to order at 6:00 p.m. by Mayor John Pena, who led the pledge of allegiance. CITY COUNCIL ROLL CALL: PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PLANNING COMMISSION ROLL CALL: PRESENT: Commissioners Abels, Butler, Kirk, Tyler, Chairman Robbins ABSENT: None PUBLIC COMMENT - None CONFIRMATION OF THE AGENDA - The agenda was confirmed by all present. PRESENTATIONS Steve Robbins, representing the Coachella Valley Water District (CVWD), introduced District Board Members Corky Larson and Peter Nelson. He then delivered a power -point visual presentation outlining the various sources of water utilized by CVWD. He discussed the declining water levels in the Coachella Valley, stating an overdraft of 32,000 acre feet exists in the upper valley and an overdraft of 104,000 acre feet exists in the lower valley. Mr. Robbins discussed the components of the CVWD Water Management Plan which were considered: 1.) No Project; 2.) Pumping restrictions; 3.) Demand management; 4.) Ground water recharge; 5.) Source substitution and finally a combination of the alternatives. He advised the elements decided upon for the plan were water conservation measures, source substitution and ground water recharge. In response to a question from Commissioner Butler, Mr. Robbins said a large scale recharge plant is being Minutes - CC/PC April 4, 2001 Page 1 014 planned for a federal site located south of Lake Cahuilla to recharge the water tables in the lower valley. Coachella Valley Water District Board Member Russ Kitahara arrived at 6:15 p.m. Council Member Sniff stated he feels the recharged water needs to be introduced in an area that roughly parallels Washington Avenue. Mr. Robbins stated 800,000 acre feet of water is needed in the future. He advised the Colorado River will yield 155,000 acre feet, a transfer from MWD will yield 100,000 acre feet, and the rest will be provided by increased re -cycled water use, additional purchases of water and desalting agricultural drain water. The Council and Commission discussed the problems which arise from over - drafting and Mr. Robbins advised that the subsidence occurring in the valley, at this point, is very minor and has only been taking place for about 4-5 years. He stressed that conservation will help take care of the current overdraft problem but in order to recharge the ground water, all of the plan needs to be implemented. Commissioner Kirk asked what action the District took in the instance of the water skiing lake project in Indio. Mr. Robbins replied the District requested a ruling from the State Water Resources Board with regard to the appropriateness of recreational use of such a large body of water in the desert. He said that a ruling was not forth -coming and in light of that, CVWD negotiated use of canal water for this recreational lake use. In conclusion he advised the implementation of the plan elements is expected to begin in 2002. Council Member Adolph asked if the golf course communities are required to tap into the canal water for landscape irrigation. Mr. Robbins responded they use canal water for the golf courses only, not for the residential landscaping. Council Member Adolph also questioned the depth of the wells. Mr. Robbins responded the wells go 600 to 900 feet in La Quinta. Commissioner Tyler asked the reasons for the unkempt condition of the CVWD well sites and stated the ones in La Quinta are "eye sores". He requested the CVWD Board take steps to improve the appearance and safety conditions of their well sites. Minutes - CC/PC April 4, 2001 Page 2 r RECESS Mayor Pena called a brief recess at 7:02 p.m. JOINT STUDY SESSION A joint meeting of the City Council and Planning Commission was adjourned at 7:17 p.m. All members of the City Council were present and all members of the Planning Commission were present. PUBLIC COMMENTS - None 1 . DISCUSSION OF DRAFT MASTER ENVIRONMENTAL ASSESSMENT AND DRAFT GENERAL PLAN POLICY DOCUMENT. Community Development Director Jerry Herman introduced Nicole Criste of Terra Nova Planning and Research, Inc., the City's consultant for the General Plan and members of the Community Development staff in attendance. Ms. Criste presented an overview of the General Plan process and advised that the Housing Element will immediately follow the adoption of the General Plan. Members of the Council and Commission expressed concern about the size of the planning area shown. Staff responded that the planning area is only a method of looking at future development in areas adjoining the City and the impacts they may have on La Quinta's infrastructure and environment. She said the size of the area designated, in no way indicates the City's annexation intentions. Ms. Criste stated there are relatively few major changes to the Environmental Assessment. She stressed the document has been streamlined and the Draft General Plan has enlarged the planning area significantly. Land Use Designations Ms. Criste discussed the use of the agriculture overlay and the low density designation. Council Member Henderson asked if there is an equestrian overlay component in the plan. Community Development Director Jerry Herman stated he will be addressing the meetings held with the equestrian community residents at a later point in the meeting. Minutes - CC/PC April 4, 2001 Page 3 Commissioner Tyler expressed the opinion that the size of the planning area and the low density designation may be misunderstood by the residents of the Vista Santa Rosa community. Council Member Adolph and Commissioner Butler concurred. Director Herman reported that meetings have been held with the Vista Santa Rosa Community of Interest residents and he distributed an outline of a rural equestrian (RE) land use designation for the Community of Interest area. The permitted uses they desire are: minimum five acre lots; one primary unit per 5 acres; ten horses per acre; all related equestrian uses permitted per primary residence; golf country clubs with interior multi -purpose trails; residential developments with interior multi -purpose trails; and caretaker housing. They also suggested a number of conditional uses for the area and streets be limited to two lanes except Airport Boulevard, Monroe Street, Jackson Street and Harrison Street. Mr. Herman stated he believes this area can be addressed with an RE land use designation. Chairman Robbins questioned why there can't be an agricultural land use with a low density overlay. Ms. Criste responded that the land use designation is used to determine traffic volumes for the transportation and circulation plan and therefore the highest traffic generator should be the land use. Commissioner Kirk asked if there is anything in the law that would preclude having a low density overlay with an agricultural designation. Ms. Criste said she was not aware of anything in the law that precludes this type of plan but strongly suggested that the map prepared be the one transmitted with the EIR. She said alternatives can be addressed during the Public Hearing process. Council Member Henderson requested that the maps used for the public hearings be prepared with colored acetate overlays. Commissioner Kirk suggested a "power -point" presentation could also show the underlying maps and show overlays of the other components such as the land use designations, specific overlays, boundaries, etc. Commercial Land Use Designations Nicole Criste then outlined the commercial land use designations. On the existing General Plan the land on the east side of Washington Street between 48th and 47th, is shown as Community Commercial (CC) and the suggested change will be to Neighborhood Commercial (NC). Minutes - CC/PC April 4, 2001 Page 4 01; F Mayor Pena asked if the map indicates the recent general plan amendments such as the re -zoning for the Arnold Palmer Restaurant. Director Herman and Ms. Criste confirmed that all of the most recent amendments to the general plan need to be added to the map. Chairman Robbins asked if the federally -owned property being considered by CVWD for a recharge facility can be designated Major Community Facility (MC) in the planning area. Traffic and Circulation The consultant, Ms. Criste reviewed the roadway classifications and the multi -purpose trails. Council Member Perkins suggested that the sections of Highway 111 that narrow down to two lanes in each direction, be looked at for three lanes since Hwy. 1 1 1 carries a Major Arterial designation. Council Member Sniff stated the City was assured that those sections could be striped for three lanes (both directions) when necessary, without having to acquire additional right-of-way. Ms. Criste said the final major change to the roadway general plan is the addition of the Phase 1 golf cart routes. Commissioner Tyler commented on what he feels is a lack of adequate planned golf cart routes in the North East section of the city. Staff advised the schedule for future action is as follows: Release of the Notice of Presentation 4-16-01 Release of the Environmental Impact Report 5-25-01 Start of the Public Hearings 7-17-01 Ms. Criste recommended the public hearings be conducted jointly by the Council and Planning Commission. She stated this has worked out well in other communities and cuts down the amount of time the public needs to spend attending the hearings of both bodies. Council Member Henderson proposed that only the first public hearing be a joint one to allow the Council an ample opportunity to consider the comments of the Commission. Questions and Comments Council Member Henderson requested the language in the Administrative Element of the draft reflect La Quinta's Charter City status. Minutes - CC/PC April 4, 2001 Page 5 r` Mayor Pena requested that Policy 2 on Page 7 include Tribal Councils. Commissioner Kirk said he feels the use of Specific Plans should be reserved for larger properties with one ownership and not used for single uses such as a restaurant. Ms. Criste referred to Policy 4, Page 16 as the appropriate place to make such a modification. Mayor Pena questioned if Policy 4 and 4.1, Page 16 should address over- flights. Commissioner Tyler felt this is in the purview of the FAA. Mayor Pena also stated he the language, "target golf courses" contained in Program 3.3 on Page 16, should be rephrased. Commissioner Kirk, in regard to Program 4.2, Page 16, questioned if the City has ever allowed parks fee credits for golf courses. He felt this is an area that should be researched. Council Member Sniff commented he is still unconvinced that joint Council/ Commission public hearings are a good idea and that he would like to have more time to review the comments made by the Planning Commission before the Council addresses the matter. Commissioner Abels stated he feels, since this is something that has worked successfully in other communities, he would like to see the City of La Quinta try it. Commissioner Tyler read a list of his concerns regarding the age of some of the data being used in the General Plan document. He also objected to references in the Traffic and Circulation element to Avenue 44, since the name was changed to Fred Waring Drive some time ago. Ms. Criste requested any corrections noted by the Council and Commission, be provided to staff to insure the final draft incorporates them. Commissioner Kirk related a concern that whenever an image corridor approaches the Village he feels the Village design standards should be imposed. He also addressed a "regional" need to construct a roadway parallel to Highways 1 1 1 and 86 that would roughly follow the old Indian trail shown on the Cultural Resources Map (Exhibit 9.1) He felt this is essential to the traffic circulation element for the lower valley as a whole. ADJOURNMENT There being no further discussion, it was moved by Council Member Sniff, seconded by Council Member Henderson to adjourn the City Council meeting at 9:02 p.m. The motion was unanimously carried. Minutes - CC/PC April 4, 2001 Page 6 �, i o It was moved by Commissioner Butler, seconded by Commissioner Tyler to adjourn the Planning Commission meeting at 9:03 p.m. The motion was unanimously carried. Respectfully submitted, June S. Greek, CIVIC City Clerk, City of La Quinta, California Minutes - CC/PC April 4, 2001 Page 7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 24, 2001 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Robbins who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Butler/Kirk to reorganize the Agenda by taking Business Item "A" before the Public Hearings. Unanimously approved. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of April 10, 2001. Commissioner Tyler asked that Page 2, Item #2 be corrected to read, "...turf was being requested by staff." and "...that had not been resolved."; Page 3, Item #3 correct the word "enter" and change "fifth" to "eleventh"; Page 6, Item #13 changed to read, "Quarry Road"; Page 7, Item #19 correct the spelling of "Corp" to "Corps"; and Page 20, Item #42 delete as follows, "...approving the road be reopening...". Chairman Robbins asked that Page 2, Item #3 be corrected to read, "...appeared to be lower than..."; and Page 21, Item #48 "Mr. Bob Mainiero asked if the...". There being no further corrections, it was moved and seconded by Commissioners Abels/Butler to approve the minutes as corrected. Unanimously approved. B. Department Report: None. 1 �l G: \ W PDOCS\PC4-24-01 . wpd r Planning Commission Minutes April 24, 2001 V. PRESENTATIONS: None. VI. BUSINESS ITEMS: A. Master Design Guidelines 2001-014; a request of James C. Belknap Construction for review of development standards for the Cove Residential area throughout the Cove. 1. Chairman Robbins asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. 3. There being no questions of staff nor any other discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Minute Motion 2001-009 approving Master Design Guidelines 2001-014, as recommended. Unanimously approved VII. PUBLIC HEARINGS: A. Site Development Permit 2001-697; a request of RGC Courthomes, Inc., for review of architectural plans for two new prototype residential units located at the northeast corner of Camino Quintana and Calle Mazatlan. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked for clarification as to whether or not the units were detached. Staff clarified they are attached. 3. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Hal Lynch stated he was available for any questions. 4. Commissioner Kirk asked if there was any challenge to the small courtyard. Mr. Lynch explained that since there is no open space the plans were turned inward. G:\WPDOCS\PC4-24-01 .wpd 2 U 2 1 Planning Commission Minutes April 24, 2001 5. Commissioner Butler asked if the HOA had approved the plans for compatibility. Mr. Lynch stated they were present and it is his understanding they have approved the plans. 6. Commissioner Tyler asked if this was the final buildout of Santa Rosa Cove. Mr. Lynch stated to his knowledge there were no otherlots. 7. There being no one else wishing to speak, Chairman Robbins closed the public participation portion of the hearing. 8. There being no further discussion, it was moved and seconded by Commissioners Butler/Kirk to adopt Planning Commission Resolution 2001-049 approving Site Development Permit 2001- 697, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. B. Site Development Permit 2001-698; a request of Jerry Walker for review of development plans for a Del Taco restaurant located at the northwest corner of Washington Street and Highway 1 1 1 , within Point Happy Commercial Center Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked if this was across from the bank that was located on the east side of Washington Street. Staff clarified it was and they would be taking access at the new entry off Washington Street. Commissioner Abels asked the location of the bus stop. Staff identified the location. 3. Commissioner Kirk asked staff to identify the location of the metal trellis recommended by the Architecture and Landscaping Review Committee. Staff noted the location on the south elevation. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Jerry Walker, representing Del Taco, stated he concurs with staff's recommendation and was available for any questions. G:\WPD0CS\PC4-24-01 .wpd 3 11 Li 7 C e, Planning Commission Minutes April 24, 2001 5. Chairman Robbins asked staff to clarify if there is now proposed, or when the bike path is constructed, will there be a wall between this project and the bike path. Staff stated there was no wall. 6. Commissioner Tyler asked if there was any perimeter wall. Staff stated there would be a retaining wall and showed the location on the elevations. 7. Commissioner Kirk stated he approved of the circulation pattern, but found it difficult to review this project in relation to the entire site. Does staff have any concerns. Staff stated it was in agreement with the Specific Plan circulation pattern. 8. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioner Ables/Butler to adopt Planning Commission Resolution 2001-050 recommending approval of Site Development Permit 2001-698, as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. C. Tentative Tract Map 29053 Extension #1; a request of Lundin Development Company for a one year extension of time for a tentative tract map which creates 103 single family lots on 33 acres. 1. Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked if any of the conditions had changed. Staff stated only slight modifications. 3. Commissioner Tyler asked staff to confirm that no changes had been made to the tract map. Staff stated that was correct. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Mike Smith, Warner Engineering representing the applicant, stated they had questions concerning Conditions G:\WPDOCS\PC4-24-01 .wpd 4 0 2 3 Planning Commission Minutes April 24, 2001 #7.B. and #46.B.3 as the radius of the culs-de-sac should be 38.5 and 38 feet respectively. Senior Engineer Steve Speer concurred. Mr. Smith stated they would also like to close the entry to the north end of the commercial site that leads to the tract of homes from Jefferson Street. It was a concern since the residential homeowners' association would be responsible to maintain the access and landscaping. Staff stated they were recommending against it because it created a long dead-end driveway in the center. Senior Engineer Steve Speer stated staff has tried to keep from forcing all traffic onto the Arterial street. If some of the residential traffic can have direct access to the commercial site, it would be better. 5. Commissioner Tyler asked if this site would be allowed a left turn onto Jefferson Street. Staff stated this was a right turn in and out and a left turn in movement only. 6. Commissioner Kirk stated he concurs with staff regarding not closing the entry at the north end and asked if the developer could work with staff to resolve this issue. Mr. Smith stated they would take it under consideration. 7. Chairman Robbins asked if there was any other public comment. 8. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 9. Commissioner Kirk stated he sees no major issues and would support the original conditions. 10. Commissioner Butler stated he still questions the access from the residential to the commercial. Mr. Smith stated the residential gate would be back far enough that those entering the commercial would not be able to enter the residential. 11. There being no further discussion, it was moved and seconded by Commissioner Kirk/Abets to adopt Planning Commission Resolution 2001-051 recommending approval of Tentative Tract Map 29053, Extension #1, as recommended by staff with modifications to Conditions #7.B and 46.B.3. as discussed. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. Planning Commission Minutes April 24, 2001 D. Site Development Permit 2001-696; a request of Lundin Development Company, for review of development plans for a 74,080 square foot commercial building located at northwest of the intersection of Jefferson Street and 501h Avenue in Rancho Cielo Shopping Center. 1 . Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked the location of the drive through for the pharmacy. Staff noted the location. 3. Commissioner Tyler asked if the other uses were part of the Albertsons. Staff stated yes. 4. Commissioner Kirk asked what the north rear elevation would look like for the residential development. Staff stated there was a ten foot planter along the eight foot wall with some visibility to the residents. There is also a retention basin behind the wall on the residential side. 5. Commissioner Tyler stated there were no conditions about offsite improvements. Senior Engineer Steve Speer stated that every time you have in -line shops they are conditioned to comply with the Specific Plan conditions so staff does not have to repeat the same conditions as they are contained in the Specific Plan. Staff does need to add a condition in regard to the timing of the construction of the off -site improvements on Avenue 50. 6. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Roger Watts, representing Albertsons, stated there will be a wall at the rear with landscaping and wrought iron so there is quite a lot of layers between the center and the residential homes. In regard to the off -site improvements, they have no issue with a condition being added regarding the timing of those improvements. As Albertsons owns Savon Drugs they will be included in the store as well as Starbucks. The drive through however, is restricted to the pharmacy only. The store will have a bank and will have the variety of stock to compete with the other markets. G:\WPDOCS\PC4-24-01.wpd 6 _ Planning Commission Minutes April 24, 2001 7. Commissioner Abels asked if there were other Savon Drug stores that had a drive through. Mr. Watts stated he did not think so as it was a new idea. 8. Commissioner Butler stated he has a problem with the perimeter wall separating the residential. Mr. Smith clarified that behind the market there is an eight foot wall and CVWD also has a wall around the well site on the other side of the wall. Then there is a retention basin and residential walls with wrought iron to separate the two sites. Commissioner Butler asked what the landscaping would look like. Mr. Smith stated there would be Acacia trees and the tract map developer has no objection to the proposed landscaping. Commissioner Butler questioned the lighting on the rear of the building. Mr. Watts stated it is easy to direct and screen the lighting and they would be willing to do that. Discussion followed regarding the loading and unloading process. 9. Commissioner Tyler asked if the pharmacy would be open 24 hours. Mr. Watts stated the decision on the hours are usually based on the area, traffic and competition. However, it would be governed by the Specific Plan. Commissioner Tyler asked if they saw the need for an external recycling center. Mr. Watt stated if there was, it would not be by Albertsons. 10. Chairman Robbins asked if there was any other public comment. There being none, Chairman Robbins closed the public participation portion of the hearing. 1 1 . Commissioner Kirk commended the developer on the project and noted this was the first project they had reviewed that did not have any turf. 12. Commissioner Butler stated his initial concern was the rear landscaping, but after the explanation, he is comfortable with the design. 13. Chairman Robbins stated his concern was with the market's rear elevations as well. He does believe it is better, but the building still has no architectural detail and trees may or may not cover it. Before he could support it he would have to see additional detail. Discussion followed regarding the rear elevation. Staff stated they had discussed this with the applicant and this is the result of those discussions. Community Development Director Jerry Herman stated the CVWD wall would block the loading area and there G:\WPDO CS\PC4-24-01 .wpd 7 Planning Commission Minutes April 24, 2001 would be landscaping in the retention basin as well. In addition, the commercial site will be built first and those buying the homes will know it exists before purchasing. Also, the pad for Albertsons is at 37 feet above sea level and the residential pads are at 41 feet and the building is 28 feet high. 14. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-052 approving Site Development Permit 2001- 696, as modified: a. Add Condition to require applicant to work with staff to increase the rear articulation of the market. b. Add Condition that Avenue 50 improvements shall be completed prior to final inspection of the first building. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. E. Environmental Assessment 2001-414 General Plan Amendment 2001- 076 Zone Change 2001-099 Specific Plan 2001-053 and Tentative Tract Map 30096; a request of Puerta Azul Partners, LLC for certification of a Mitigated Negative Declaration of environmental impact; amend the General Plan and Zoning Land Use designation from Tourist Commercial to Medium Density Residential; review of development standards and design guidelines for 127 resort villa units; and review of a tentative tract map to subdivide 19.64 acres into 127 residential lots located at 57-325 Madison Street, north of Avenue 58. 1. Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there was any discussion regarding any two story units backing up to PGA West. Staff stated any two story units would have the required setbacks. 3. Commissioner Abels asked where the two story units would be located. Staff stated there were no two story units allowed next to a single story less than 50 feet from the adjoining property line. G:\WPDOCS\PC4-24-01.wpd 8 Planning Commission Minutes April 24, 2001 4. Commissioner Butler asked how many pools there would be. Staff stated two were proposed. 5. Commissioner Tyler asked about the adjoining zoning. Staff stated it was all Low Density Residential. 6. Commissioner Kirk stated he could not make sense of the phasing plan. The Specific Plan states two phases and yet did not explain them. Staff clarified there was no line distinguishing the two phases. Commissioner Kirk stated his other concern was parking. Staff stated they were required two parking spaces per unit and the applicant was requesting 1.637 per unit. Commissioner Kirk stated the Specific Plan states an average of one space per unit. Staff stated one parking space per unit and one space for off site parking. The applicant's proposal states that only one car per unit would be needed and if a guest comes to visit, there is off -site parking. 7. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Mark Rockwell, Pacific Land Management, the applicant, gave a presentation of the project. 8. Commissioner Kirk asked about the phasing. Mr. Rockwell stated all infrastructure would be completed first. The great house and pool on the front end would be in the first phase. All streets and homes would be constructed 12-16 at a time for the first phase. 9. Commissioner Tyler asked if all remnants of the Sculpture Park would be removed. Mr. Rockwell stated there were a few pieces that they would like to give to the community. They will be keeping one on site. The house and all other structures will be destroyed. 10. Commissioner Butler asked about the lake. Mr. Rockwell stated there is a small pond that is very deteriorated and would be removed. 11. Commissioner Abels stated this was a good and interesting project. 12. Commissioner Tyler questioned the "Great House". Mr. Rockwell explained the purpose and use. G:\WPDOCS\PC4-24-01.wpd 9 Planning Commission Minutes April 24, 2001 13. Commissioner Kirk asked what the children would do. Mr. Rockwell stated there are amenities in close proximity for children as well as bicycle rentals and the pools. 14. Chairman Robbins asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 15. Commissioner Kirk noted this was a good use of the specific plan and the product was designed accordingly. His concern was in respect to phasing and homes being constructed before the amenities. Another concern is the large use of turf and perhaps what they should do is limit the amount of turf outside the golf amenities. 16. Commissioner Butler stated the comment was good, and perhaps they could change the area around the residential units. Staff stated it would be governed by the homeowners' association. 17. Commissioner Kirk stated he would recommend only a percentage of turf be allowed. 18. Chairman Robbins stated he concurs with Commissioner Kirk and also, the Specific Plan does not address any type of water efficiency. He would prefer to give them flexibility, but require less use of water. Mr. Rockwell stated they have a vested interest in minimizing the turf themselves. They believe there will be key areas for the turf, but also recognize that turf is high maintenance. 19. Chairman Robbins suggested that the use of turf be minimized where possible and then use the Water Efficiency Formula with a multiplying factor of .6. 20. Commissioner Kirk stated that until the Commission understands the use of the Water Efficiency Ordinance he would rather use just a simple percentage of turf to be allowed. Planning Manager Christine di lorio suggested have the Specific Plan be modified prior to submittal of a grading plan adding language regarding water efficiency and minimizing the amount of turf. Discussion followed regarding alternatives. Following discussion, it was determined that language would be added to the conditions requiring water conservation measures and using a .6 multiplier in conjunction with the Water Efficiency Ordinance. G:\WPDO CS\PC4-24-01 .wpd 10 023 Planning Commission Minutes April 24, 2001 21. Commissioner Tyler asked why this application could not be processed under the Tourist Commercial ITC) zoning that is currently there. Planning Manager Christine di lorio stated staff would prefer not to because the TC designation does not allow for residential. Staff has prepared a modification to the Tract Map Condition #67. This would also be modified in Condition #65 of the Specific Plan. Condition #1 of the Specific Plan and Tentative Tract Map would also be modified. 22. Ms. Emily Hemphill, attorney for the applicant, stated that in regard to the conditions, they would have no objection as long as the 60 day time frame was per calendar year. 23. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2001-053 recommending certification of Environmental Assessment 2001-414, as recommend. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commissioner Resolution 2001-054 recommending approval of General Plan Amendment 2001-076, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 25. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2001-055 recommending approval of Zone Change 2001-099, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None.Change Desert Sands Unified School District to Coachella Valley Unified School District. 26. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2001-056 recommending approval of Specific Plan 2001-053, subject to the conditions as amended. G:\WPDOCS\PC4-24-01 .wpd 11 Planning Commission Minutes April 24, 2001 a. Condition #1: Add "The subdivider and his agents or assignees also agree to defend, indemnify, and hold harmless the City of La Quinta in defending any action arising out of a challenge to the Conditions, Covenants and Restrictions (CC&R's) discussed in Condition No. 65. b. Condition #2:Change Desert Sands Unified School District to Coachella Valley Unified School District. C. Condition #41.A.: Delete (Madison Street) d. Condition #50.B.: Delete the "Note". e. Condition #63: At the end of the first sentence add "at the west end." f. Condition #65: The Conditions, Covenants and Restrictions (CC&R's) for the project shall include a provision which states that the project is one intended for vacation use and that any users or occupants of the unit, including owners, shall not remain in the unit for a period that exceeds six months of any calendar year. The CC&R's shall further provide that when any owner is not in residency at his unit, said owner may rent his unit, provided however, that said owner shall be required to collect and pay to the City Transient Occupancy Tax on all transient rentals in accordance with the City's then existing Ordinances. The CC&R's shall also include a provision that allows the City to enforce the provision of the CC&R's (concurrently with the homeowners' association) that contain the above conditions. Further, the CC&R's also contain a provision that precludes the CC&R's from being changed by any party without the prior approval of the City. Prior to issuance of the first building permit, applicant shall submit a copy of final CC&R's to the City for compliance review of this condition. g. Condition #66: The final Specific Plan shall be modified prior to issuance of a grading permit to include in the concept landscape plan to minimize the use of turf where possible and enhance water conservation. The Water Efficient Landscape Ordinance (Chapter 8.13) requirements shall be applied with the modification substituting a factor of .6 for .8 as an adjustment factor for the Annual Maximum Applied Water Allowance (Chapter 8.13.030 B.2). h. Condition #67: The final Specific Plan shall be modified prior to issuance of a grading permit to define the proposed Phasing Plan. Phase I shall include off -site and on -site G:\WPDOCS\PC4-24-01 .wpd 12 031 Planning Commission Minutes April 24, 2001 utility and street improvements, recreational and other amenities. Condition #68: Prior to issuance of a grading permit, the final Conditions of Approval shall be incorporated in the final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publications of Specific Plan document. The final Specific Plan shall be modified prior to issuance of a grading permit to clarify the parking table on Page 25 of the Parking Study (7.5) ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 27. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2001-057 recommending approval of Tentative Tract Map 30096, subject to the conditions as modified: a. Condition #1: Add "The subdivider and his agents or assignees also agree to defend, indemnify, and hold harmless the City of La Quinta in defending any action arising out of a challenge to the Conditions, Covenants and Restrictions (CC&R's) discussed in Condition No. 65. b. Condition #3: Change Desert Sands Unified School District to Coachella Valley Unified School District. C. Condition #45.A.: Delete (Madison Street). d. Condition #54.B.: Delete "Note" e. Condition #66: At the end of the first sentence add "at the west end." f. Condition #67: The Conditions, Covenants and Restrictions (CC&R's) for the project shall include a provision which states that the project is one intended for vacation use and that any users or occupants of the unit, including owners, shall not remain in the unit for a period that exceeds six months of any calendar year. The CC&R's shall further provide that when any owner is not in residency at his unit, said owner may rent his unit, provided however, that said owner shall be required to collect and pay to the City Transient Occupancy Tax on all transient rentals in G:\WPDOCS\PC4-24-01 .wpd 13 Planning Commission Minutes April 24, 2001 X accordance with the City's then existing Ordinances. The CC&R's shall also include a provision that allows the City to enforce the provision of the CC&R's (concurrently with the homeowners' association) that contain the above conditions. Further, the CC&R's also contain a provision that precludes the CC&R's from being changed by any party without the prior approval of the City. Prior to issuance of the first building permit, applicant shall submit a copy of final CC&R's to the City for compliance review of this condition. Condition #68: Phase I shall include off -site and on -site utility and street improvements, recreational and other amenities. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Community Development Director notified Commissioners of the Country Club of the Desert invitation. B. Commissioner Tyler gave a report of the City Council meeting of April 17, 2001. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held May 8, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:39 p.m. on April 24, 2001. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 3 G:\WPDOCS\PC4-24-01.wpd 14 (1 0 PH AA T4ht 4 4a Qum& MEMORANDUM TO: HONORABLE CHAIRMAN AND PLANNING COMMISSION MEMBERS FROM: COMMUNITY DEVELOPMENT DEPARTMENT�+ RE: ACCESS EASEMENT THROUGH THE QUARRY PROJECT FOR SPECIFIC PLAN 94-025 - AGIOTAGE LIMITED DATE: MAY 8, 2001 On April 10, 2001, the Planning Commission, on a 5-0 vote, continued this case to May 8 to allow the applicant additional time to determine if access through The Quarry could be achieved for Parcel 3. Enclosed is legal correspondence from the applicant's attorney. Attachment: Letter dated 4/30/01 from James M. Schlecht r1 5-8 PC Memo Green 49Greg/Page 1 J 01 3 Y 05/01/01 TUE 10:52 FAX 1 760 323 1758 S S & S a(102 SCHLECHT,SHEVLIN &SHOENBERGER A LAW CORPORATION LAWYERS LAMES M. SCHLECHT IOHN C. SHEVLIN ION A-sHOENBERGER DANIEL T. JOHNSON DAVID A. DARRIN MARTINA KANO RAVICZ DOUGLAS D. SANDERS April 30, 2001 Christine Di Iorio Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 801 EAST TAHQUrrz CANYON WAY, SUITE 100 PALM SPRINGS, CALIFORNIA 92262 MATT INTT ADDRESS P. O. BOX 2744 PALM SPRINGS, CALFoRN1A 02263-2764 RE: GREEN PROPERTY, ALSO KNOWN AS THE AGIOTAGE LTD PROPERTY ENVIRONMENTAL ASSESSMENT #94-297INCLUDING AN AMENDMENT TO THE SPECIFIC PLAN #94-025 CONDITIONAL USE PERMIT N99-M7 PARCEL MAP 28617 Dear Ms. Di Iorio: TELEPHONE (760) 320-7161 TELECOPIER (760) 323-1758 EMAII. 98ff1R v60ace11W-wM OPCOUNSM RICK M. STEIN IN REPII._Y_R FE.R TO' 1 At the suggestion of our client's engineer, Robert Mainiero, I am enclosing herewith a copy, of a letter dated April 17, 2001 sent to William Morrow, President of La Quinta Golf Properties, Inc. in connection with our client's attempt over the last several years to reach a Reimbursement Agreement in connection with the easement granted to our client across the Quarry property. Attached to our letter is another letter dated November 19, 1998 addressed to Mr. Morrow along with a then draft copy of the proposed FAsrn=t Use and Reimbursement Agreement. Neither my client nor our office as its attorneys have ever received a response to our April 17, 2001 letter. Our letter has not come back from the post office and we called Mr. Morrow's office in advance to verify his current address. If you have any questions, please give me a call. Thank you for your cooperation in this matter. Very truly yours, M. SC14LECHT ¢c: Client (/ Robert Maimero 035 u02 05-01-01 89:48 RECEIVED FROM:1 760 '323 1758 P.02 05i01L01 TITE 10:53 FAX 1 760 323 1759 S S & S Z 003 SCHI.ECHT, SHEVUN & SHGENBERGER A LAW CORPORATION LAWYERS (AMPS M. SC MECHr JOHN C. SHEVON 801 EAST TAIIQUITZ CANYON WAY, SURE 100 JON A. SHOENMGER PALM SPRIGS, CALIPORNtA 92262 DANIEL T. JOHNSON MAT MG AnnRASS DAVID A. DARRIN KAR11NA KANG RAVICZ P. O. BOX 2744 DOUGLAS D. SANDMM PALM SPRINGS, CALIFORNIA 92263-2744 April 17, 2001 William Morrow, President La Quinta Golf Properties, Inc. 41-865 Boardwalk, Suite 214 Palm Desert, CA 92260 RE. EASEMENT USE AND REIMBURSEMENT AGREEMENT i Dear Mr. Morrow: TELEPHONE (760) 320-7161 TELBCOP9ER (760) 323-1758 P MAn. M1I&W051eLW.wm OF WU,RIFI- RICK M. STEIN IN REPLY REFER To: 10262.1(c) I understand at the last La Quinta Planning Commission meeting you represented to the Commission that you had an offer on the Reimbursement Agreement outstanding to our office for which you had not received a response. I have reviewed my file in great detail and 1 cannot find anything to confirm that allegation. What I do find is the last offer we made to you dated November 19, 1998, a copy of which I enclose herewith. While we did have some discussion about that offer, I find nothing to indicate you ever responded in writing which we had requested. If you wish to negotiate further on this matter, would you please respond in writing to the enclosed proposal. Very truly yours, M.SCHLECHT JMS/ct Enclosure cc: John L. Green Robert Mainiero UO3 03S RECEIVED FROM:1 760 323 1758� P-03 05/01;01 TUE 10:53 FAX 1 760 323 1758 S S & S C�a04 SCHLECHT, SHEVLIN & SHOENBERGER TELEPHONE �� 32an61 JAMBS M. SCHLECHT A LAw coRPORATION JOHN C. SHEVLIN LAWYERS TELECOPIi'il (760) 323-1759 JON A. SHOENBLRGER 15-MA1L nYaw®gkm DANIEL T. JOHNSON POSE OFFICE BOX 2144 DAVm A. DARAIN 80l EAST TAHQU= CANYON WAY, SURE 100 IN REPLY REFER TO-. PALM SPRINGS, CALIFORNIA 92261-2744 10262.1(C) November 19, 1998 William Morrow, President YJA— ICBM La Quinta Golf Properties Inc. 41-865 Boardwalk, Suite �04 Palm Desert, CA 92260 RE. EASEMENT USE AND REIMBURSEMENT AGREEMENT Dear Mr. Morrow: Enclosed please find another draft of the proposed Easement Use and Reimbursement Agreement. All of the changes on this draft from the previous one you reviewed are contained on page 3. We did not change any other portion of the document. The dollar amount contained in paragraphs 3.1.1 and 3.1.2 is higher because we have agreed with your position that we should not take a deduction for credits we thought had been granted to you by CVWD. However, we still are makinga deduction for the added costs we would have to pay CVWD. They have been very emphatic with our engineer on the point that your installation of your facility does not avoid the added cost they proposed to charge us. Accordingly, we take the position we are entitled to a credit for that estimated amount. If you will recall, both you and Craig contended you had discussed this matter with CVWD but they do not seem to agree. I recognize you objected to paragraph 3.1.2. However the way it is phrased, it would only apply if you hasub ve other property which is divided anc then those lot owners actually use the easement. If they do not use the easement, then 3.1.2 would not apply, if they do use it, then we believe we should get appropriate credit in the form of a percentage reduction in our client's obligation. With respect to your objection to paragraph 6.4, we have given it due consideration but still feel it is a most reasonable provision and must insist upon it remaining in the document. I am sending a copy of both this letter and the enclosed Agreement to Craig Bryant. We would appreciate an early response. X�ryy truly yours, '-JAMES M. SCH ECHT JMS/ct/Enclosure cc: John L. Green (with enclosure) Craig Bryant (with enclosure) bc: Jacque Becker 05-01-01 09:48 (with enclosure) u04 RECEIVED FROM:1 760 323 1758 P.04 05i01,,01 TUE 10:53 FAX 1 760 323 1758 S S & S li'005 RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: SCHLECHT, SHEVLIN & SHOENBERGER, A Law Corporation (JMS) 801 East Tahquitz Canyon Way, #100 Palm Springs, California 92262 EASEMENT USE AND REDOURSEMENT AGREEMENT This Reimbursement Agreement is made and entered into this day of 1998, by and between LA QUINTA GOLF PROPERTIES, INC., a California corporation (hereinafter referred to as "LGP"), THE QUARRY AT LA QUINTA HOMEOWNER'S ASSOCIATION, INC., a California non-profit corporation, (the "Quarry"), and AGIOTAGE LTD., BVI, a British Virgin Islands Company, DOHRS LIMITED PARTNERSHIP, a Michigan Limited Partnership, JACQUE C. BECKER, and EQUITY LAND RESOURCES, INC., an Oregon corporation (hereinafter collectively referred to as "Green Party"), with reference to the following facts: RECITALS: A. LGP is the owner of that certain real property located in the City of La Quinta, • County of Riverside, State of California, as more particularly described in hibit "A" attached hereto ("LGP Property"), B. The Green Party owns the real property described in Exhibit "B" attached hereto ("Green Property"), which is adjacent to the southern boundary of the LGP Property. C. The Quarry owns private streets and improvements thereon described as Lots A through H, inclusive of Tract #27728 (described in Article 7). D. The LGP Property was subject to two public rights -of -way known as 58th Avenue and Adams Street. Adams Street and 58th Avenue provided the only possible access to a portion of the northwest quarter of the Green Property (this portion of the Green Property is referred to herein as the "Landlocked Property"). The City required LGP to grant to the Green Party an access and utility easement over the LGP Property for the benefit of the Landlocked Property, as a condition of approval to LGP's subdivision map, and as a condition to the abandonment of the public rights of way described above. (3110262.1/A-Rcinkv WM5.Crl111998 033 05-01-01 09:49 RECEIVED FROM:l 769 323 175E P.05 05�01 01 TUE 10:54 FAY 1 760 323 1758 S S & S 0 006 E. LGP recorded an access and utility easement in favor of the Green Party on June 15, 1994, as instrument No. 244806, in the Official Records of Riverside County, a copy of which is attached hereto as Exhi i "C" (the "Easement"), That portion of the LGP Property encumbered by the Easement shall hereinafter be referred to as the "Easement Area". F. The parties now wish to enter into an agreement for the purpose of allocating the costs of constructing and maintaining the street and utility improvements which will be shared by LOP, the Green Property, and the Quarry and their respective successors in interest, and for the purpose of addressing other issues relating to the construction .and maintenance of the easement improvements. NOW, THEREFORE, the parties agree as follows: ARTICLE 1. CONSTRUCTION OF EASEMENT 1.1 LGP has completed construction of the following improvements within the Easement Area: street surfaces; street striping, signage, lighting, and landscaping; curb and gutter; storm water drainage system; all utilities needed and adequately sized to service the LGP Property and the Landlocked Property; and the entry gate and gate house at the main entrance to the LGP Property (collectively, the "Easement Improvements"). The costs of constructing the Easement Improvements shall hereafter be referred to as the "Construction Costs." 1.2 The Green Party shall reimburse LGP for a pro rata share of the Construction Costs. The Green Party's pro rats share of Construction Costs shall be determined in accordance with Article 3, below. 1.3 The Green Party shall be solely responsible for the costs of hooldng up to the utilities constructed in the Easement Area. The Green Party shall be permitted to construct its utility stubs on the LGP Property within reasonable proximity to the northern boundary of the Landlocked Property. If it becomes necessary to disturb the LOP Property to access the utilities, the Green Party shall restore the LOP Property to its prior condition. ARTICLE 2. REPAIRS AND MAINTENANCE The Quarry shall be responsible for maintaining and repairing the Easement Improvements to the standards customary for a first class residential subdivision in the City of La Quinta. The costs of maintaining and repairing the Easement Improvements are referred to herein as "Maintenance Costs". Commencing on the first day of the month immediately following the date grading permits are obtained for the Landlocked Property, the owner of the Landlocked Property shall be responsible for paying a portion of the Maintenance Costs, together with a portion of the cost of maintaining manned security at the main entrance gate ("Security Costs"). The formula for determining the share of Maintenance Costs and Security Costs to be paid by the owner of the Landlocked Property is set forth in Article 3 below. 0/10 AIA-R.imbu ..VJMS_ ,1111998 Z uu6 05-01-01 09:49 RECEIVED FROM:1 7b0 323 1753 P•05 05,01; 01 TUE 10:54 FAX 1 760 323 1758 S S & S Z007 ARTICLE 3. PROPORTIONATE SHARE — FORMULA AND PAYMENT 3A Construction Costs. The Green Party's proportionate share of Construction Costs shall be determined, and shall be payable, as follows: 3.1.1 The total amount of Construction Costs to be shared by the parties in accordance with this Article is $6,563,493 (the "Base Amount"). The Green Party shall be responsible for a fraction of this Base Amount, the numerator of which is the number of lots shown on a final tract map recorded against the Landlocked Property ("Green Party Final Tract Map"), and the denominator of which is the sum of 65, plus the number of lots shown on the Green Party Final Tract Map which for the purpose of having a minimum obligation the number shall not be less than four (4) even if the Map has less lots. Said fraction is hereinafter referred to as the "Green Party Propor- tionate Share". For example, if the Landlocked Property is subdivided into 10 lots, the Green Party's Proportionate Share of Construction Costs shall be 10/75ths (rounded to the nearest 1/100th of one percent) of the $6,563.493 Base Amount, or $974,914. 3.1.2 The Green Party's Proportionate Share shall be revised if LGP acquires and subdivides additional property adjacent to the LGP Property and if the Easement Improvements serve any portion of such property. In such ease, the number of residential lots constructed on such additional property shall be added to the denominator in calculating the Green Party's Proportionate Share. For example, if LGP subdivides such additional property into 20 residential lots, the Green Party's Proportionate Share will be 10/95ths (assuming the Landlocked Property contains 10 residential lots). In such case, if the Green Party has already paid for Construction Costs when the recalculation is performed, the amount the Green Party previously overpaid for Construction Costs shall be determined, and LGP shall immediately refund such amount to the Green Party. 3.1.3 The amount determined by the above provisions shall be paid to LGP concurrent with the first grading permit issued by the City of La Quinta for a dwelling on the Green Property. 3.2 Maintenance and Security Costs. The Green Party's proportionate share of Maintenance and Security Costs shall be determined, and shall be payable, as follows: 3.2.1 The country club known as the Quarry (the "Club") will be using some of the Easement Improvements, including the street improvements and landscaping leading into the LGP Property, the main entrance gate and the gate house. The Club shall be responsible for paying 65 % of the Maintenance and Security Costs. The owner of the Landlocked Property shall be responsible for the Green Party Proportionate Share of the balance of Maintenance Costs. If LGP or its successor subdivides additional property which is to be served by any of the Easement Improvements, the Green Party's Proportionate Share of Maintenance Costs shall be adjusted in accordance with paragraph 3.1.2. Oil 0267.11A-Reibun..MVIMS.Cr! { A 1 M 95-01-01 09:50 RECEIVED FROM:1 760 323 1753 P.07 051011101 TTTE 10:55 FAX 1 760 323 1758 s S & s zoos 3.2.2 The Club shall be responsible for paying 65 % of the Security Costs. The owner of the Landlocked Property shall be responsible for a fraction of the balance of Security Costs, the numerator of which is the number of lots shown on the Green Party Final Tract Map, and the denominator of which is the sum of 65, plus the number of lots shown on the Green Party Final Tract Map. This fraction shall be revised in accordance with section 3.1.2 if LGP or its successor acquires and subdivides additional property to be served by any portion of the Easement Improvements. 3.23 The Green Party's obligation to pay Maintenance Costs and Security Costs shall commence on the first day of the month immediately following the date grading permits are obtained for the Landlocked Property. The owner of the Landlocked Property shall pay its pro rata share of Maintenance Costs and Security Costs quarterly in advance (costs for the calendar quarter in which the grading permits are obtained shall be prorated). Not less than ninety (90) days before the commencement of each calendar year the Quarry shall give the owner of the Landlocked Property a proposed budget for Maintenance Costs and Security Costs for the following calendar year. The budget shall show what share of the Maintenance Costs and Security Costs will be paid by the Club, and what share will be paid by the Quarry and the Green Party or their successors. The owner of the Landlocked Property shall have forty- five (45) days from its receipt of the proposed budget to notify the Quarry or its successor of any objections thereto. If it has no objections, the owner of the Landlocked Property shall begin making quarterly payments at the beginning of the calendar year. If the owner of the Landlocked Property objects to any portion of the budget, it shall deposit the disputed portion with a neutral third party (such as an escrow company) to hold until the dispute has been resolved through litigation, or otherwise, and the undisputed amount shall be paid to the Quarry or its successor. 3.2.4 An annual year-end accounting of all Maintenance Costs and Security Costs shall be provided to the owner of the Landlocked Property within 30 days after the year end_ Any overpayment shall be credited towards Maintenance Costs and Security Costs owing for the calendar year in which the accounting is received. If the owner of the Landlocked Property underpaid, any undisputed portion of such deficiency shall be paid to the Quarry or its successor together with the next quarterly payment of Maintenance Costs and Security Costs, and any disputed portion of the deficiency shall be deposited with a neutral third party unfit the dispute is resolved. ARTICLE 4. REAL ESTATE TAXES AND ASSESSMENTS 4.1 The obligation of the Quarry to pay real property taxes and assessments shall not be affected by the grant of the Easement hereunder, and the Quarry shall remain so obligated to pay such taxes and assessments, as if this Fasement had not been created. ARTICLE 5. REMEDIES FOR DEFAULT 5.1 In any action or dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement from the losing party for costs and expenses, including attorneys' fees, incurred by the prevailing party in connection with such action or dispute. OIIQ2b2.1/w.R®obursee+aJ7M9.Cf111 IM 4 n (j 05-01-01 09: 59 RECEIVED FROM:1 760 323 1758 P.98 05'01'01 TLE 10:56 FAX 1 160 323 1758 S S & S &09 5.2 In the event of any violation or threatened violation of any of the provisions of this Agreement by any party, the non -defaulting party, or its successors or assigns, shall have the right to apply to a court of competent jurisdiction for injunctive relief. ARTICLE 6. SUCCESSORS IN INTEREST 6.1 Each and all of the foregoing covenants, conditions and grants of easements shall apply to and bind each of the parties hereto and each and all of their respective heirs, successors, assigns, grantees, tenants and subtenants. 6.2 All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. 6.3 This Agreement shall create privity of contract and estate with and among all transferees of the Quarry Property and the Landlocked Property, or respective portions thereof, and their respective heirs, executors, administrators, successors and assigns. 6.4 The Green Party shall not remain liable for Maintenance Costs following the transfer of the Landlocked Property by the Green Parry. A. Transfer of Entire Landlocked Property. If the Green Party transfers the entire Landlocked Property, the transferee(s) shall be liable for all Maintenance Costs commencing with the calendar quarter immediately following the quarter the transfer is effected, and the Green Party's liability for Maintenance Costs shall terminate at that time. B. Transfer of Individual Lots. If the Landlocked Property is subdivided into two or more residential lots by the Green Party or a successor to the Green Party (collectively, the "Subdivider"), the quarterly Maintenance Cost obligation shall be allocated to the subdivided lots on a prorata basis. As each lot is sold, the Subdivider's liability for Maintenance Costs for the lot sold will terminate commencing with the calendar quarter immediately following the sale of the lot. At that time, the lot purchaser shall become solely responsible for the Maintenance Costs for his lot, just as lot owners in a common interest subdivision are responsible for maintenance assessments accruing against their respective lots. There shall be no cross liability between lots or lot owners, i.e. if one lot owner fails to pay his share of Maintenance Costs, the Quarry Party and its successors shall not be entitled to take any remedial action against other non -defaulting lots or lot owners. However, the Quarry Party shall have the right to record a notice of lien on the defaulting lot owner. ARTICLE 7. FULL USE OF EASEMENT 7A The Green Party and its transferees, assignees and successors in interest shall at all times have the same right of use of the easement improvements, including, but not limited to, the guard gate and other security arrangements as the owners of lots in Tract #27729, Map Book 249, Pages 1 through 13, inclusive, office of the Riverside County Recorder. o110262.1/A-aeimbry wUiMs Crn It99s s UU� 05-01-01 09:51 RECEIVED FROM:1 760 323 1758 P-09 05.01i01 TUE 10:56 FAX 1 760 323 1758 S S d S 0olu ARTICLE 8. MISCELLANEOUS PROVISIONS 8.1 The caption heading the various sections of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of its respective section. 8.2 All notices or other communications required or permitted hereunder shall be in writing, and shall be sent by registered or certified mail, return receipt requested, and shall be deemed received upon personal delivery or eight (8) business days after deposit in the mail in Riverside County, postage prepaid, addressed to the person to receive such notice at the following addresses: LGP: La Quinta Golf Properties, Inc. c/o Craig Bryant Winchester Asset Management 41-865 Boardwalk, Suite 101 Palm Desert, California 92260 With a copy to: La Quinta Golf Properties, Inc. c/o William Morrow 41-865 Boardwalk, Suite 204 Palm Desert, California 92260 Green Party: John L_ Green 'Oberseeweg 40 8853 Lachen SZ Switzerland With a Copy To: Schlecht, Shevhn & Shoenberger, A Law Corporation (JMS) 801 East Tahquitz Canyon Way, #100 P. O. Box 2744 Palm Springs, California 92263 ATTENTION: James M. Schlecht, Esq. The Quarry: Quarry HOA c/o William Morrow 41-865 Boardwalk, Suite 204 Palm Desert, CA 92260 8.3 In the event a request is made to the parties hereto by any lender or beneficiary under any proposed or existing mortgage or deed of trust encumbering portions of the LGP Property or the Green Property for such further documents as may reasonably be required to carry out the intent of this Agreement, consent thereto shall not be unreasonably withheld or delayed by any party hereto. 011e262.IlA-Reu..burermrntllM3.C1'J111998 6 ` 1 1' C'43 V 05-01-01 09:52 RECEIVED FROM:1 760 323 1755 F-10 05%O1. 01 TUE 10:57 FAX 1 760 323 1758 S S & S Z011 The party not benefitted by such a request shall be at no expense in this regard and will be acting as an accommodation. It is the intent of both LOP and the Green parry that all liens of record against the LGP Property shall be subordinate to this Easement at the time the Easement was recorded. 8.4 The parties hereto agree, from time to time, to execute such further documents as may reasonably be required by any reputable title company to carry out the intent of this Agreement or for purposes of obtaining title insurance on the Easement. 8.5 This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument, and supersedes any and all other agreements, contracts, or understandings between the parties. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged. 8.6 Each party shall exercise good faith and fair dealing in connection with attempting to effectuate the intents and purposes of this Agreement. 8.7 This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. 8.8 This Easement shall terminate only in the event the northwest quarter to the Green Property is entirely dedicated as open space and conveyed to a public agency. 8.9 All exhibits which are referred to in, and attached to, this Agreement, are hereby incorporated into this Agreement in full. IN WITNESS WHEREOF, this Agreement is executed by the parties hereto the day and year first above written. AGIOTAGE LTD., A British LA QUINTA GOLF PROPERTIES, INC., Virgin Islands Company A California Corporation 0 JOHN L. GREEN, Its Designated Agent DOHRS LIMITED PARTNERSHIP, A Michigan Limited Partnership MARY ELLEN DORHS, General Partner IACQUE C. BECKER (1110262.11A-RnWMrec01e.UJW VVI11998 u 05-01-01 09:52 RECEIVED FROM:1 760 323 1758 °- 04 P�11 05/01,01 TUE 10:57 FAX 1 760 523 1758 sS&S U 012 Q EQUITY LAND RESOURCES, INC., THE QUARRY AT LA QUINTA HOMEOWNER'S An Oregon Corporation ASSOCIATION, INC_, A California Non -Profit Corporation Its 0/IOM2-I/A-Mmbm t/JM3.Crl R 1999 °a 8 u12 05-01-01 09:52 RECEIVED FROM:1 760 323 1758 }J 045 P.12 05 0 1/ 01 TUE 10:57 FAX 1 760 323 1758 S S & S 4013 STATE OF ) ss. COUNTY OF ) On this _ day of , 1998, before me, , the undersigned, a Notary Public in and for said State, personally appeared and of LA QUINTA GOLF PROPERTIES, INC., a California corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC STAVE OF ) ss. COUNTY OF ) On this _ day of , 1998, before me, , the undersigned, a Notary Public in and for said State, personally appeared and , of EQUTTY LAND RESOURCES, INC., an Oregon corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC U 1.3 O110262.1/A.RojMb m mdJM5dS1111998 9 ,1 (i -/± U 05-01-01 09:53 RECEIVED FROM:1 760 323 1758 P•13 05;01,'01 TOE 10:57 FAX 1 760 323 1758 S S & S 1�11J 14 i STATE OF ) ss. COUNTY OF ) On this _ day of , 1998, before me, , the undersigned, a Notary Public in and for said State, personally appeared MARY ELLEN DOHRS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal_ NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On this _ day of , 1998, before me, , the undersigned, a Notary Public in and for said State, personally appeared JOHN L_ GREEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal_ NOTARY PUBLIC U14 O110261. UA-Rc"h..® OMS. C171 11998 10 1 05-01-01 09: 53 RECEIVED FROM:1 760 323 1758 P.14 05'01:111 TUE 10:58 FAX 1 760 727 1758 S S & S f�'J015 STATE OF CALIFORNIA ) ) ss. COUNTY OF RNERSIDE ) On this _ day of , 1998, before me, , the undersigned, a Notary Public in and for said State, personally appeared JACQUE C. BECKER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official W. NOTARY PUBLIC STATE OF ) ss. COUNTY OF ) On this _ day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared and of THE QUARRY AT LA QUINTA HOMEOWNER'S ASSOCIATION, INC., a California non-profit corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. GAM62-1/A-Ke bw t/]W.Cf/l IM NOTARY PUBLIC 11 RECEIVED FROM:1 760 323 1758 U1J 04 s 05-01-91 09:53 P-15 05;O1,01 TUE 10:58 FAX 1 760 323 1758 S s &I s SCHEDULE OF EXHIBITS TO EASEMENT GRANT EXHIBIT A. Legal description of real property located in Riverside County, owned by La Quinta Golf Properties, Inc. EXHIBIT B: Legal description of real property owned by the Green Party which is located south of the real property described in EXHIBTr A. EXHIBIT C: Fasement. U16 0110252.1/A-Rt®6uoemtuUJid8.4�1'/111998 12 " 05-01-01 09:53 RECEIVED FROM:1 760 323 1758 P-16 PLANNING COMMISSION STAFF REPORT DATE: MAY 8, 2001 (CONT. FROM 4-10-01) CASE NUMBERS: EIR ADDENDUM (EA 94-287; STATE CLEARINGHOUSE #94112047), SPECIFIC PLAN 94-025 (AMENDMENT #1), CONDITIONAL USE PERMIT 99-047 AND TENTATIVE PARCEL MAP 28617 REQUESTS: 1. TO CERTIFY AN EIR ADDENDUM FOR THE GREEN SPECIFIC PLAN (SP 94-025) ALLOWING A NEW ACCESS ROAD FOR AN APPROVED MASTER PLANNED RESIDENTIAL COMMUNITY OF 277 HOUSES; AND 2. TO ALLOW DEVELOPMENT OF A PRIVATE ROAD ON A HILLSIDE SLOPE EXCEEDING 20 PERCENT; AND 3. TO AMEND THE GREEN SPECIFIC PLAN ALLOWING A 3,000 FOOT LONG PRIVATE ACCESS ROAD ALONG THE NORTH SIDE OF A 330.70 ACRE PROPERTY TO SERVE TEN CUSTOM LOTS; AND 4. TO ALLOW A TENTATIVE PARCEL MAP SUBDIVIDING 330.70 ACRES INTO FOUR PARCELS AND OTHER LETTERED STREET LOTS. APPLICANT/ PROPERTY OWNER: AGIOTAGE LIMITED REPRESENTATIVES: MAINIERO, SMITH AND ASSOCIATES LOCATION: BISECTED BY FUTURE JEFFERSON STREET, APPROXIMATELY Yz MILE SOUTH OF AVENUE 58 ENVIRONMENTAL CONSIDERATION: AN ADDENDUM TO THE PREVIOUSLY CERTIFIED GREEN ENVIRONMENTAL IMPACT REPORT (EA 94-287; STATE CLEARINGHOUSE NUMBER 94112047) HAS BEEN PREPARED PURSUANT TO THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, SECTION 15164 (A, C, D, AND E). NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST AND NO NEW INFORMATION HAS BEEN PROVIDED WHICH WOULD REQUIRE THE PREPARATION OF A SUBSEQUENT v 17 pc rpt sp25#1, 48 Greg - Page I EIR PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. EXISTING GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) AND OPEN SPACE EXISTING ZONING DESIGNATION: RL (LOW DENSITY RESIDENTIAL), OPEN SPACE (OS) AND HILLSIDE CONSERVATION SURROUNDING LAND USE: THE SURROUNDING PROPERTIES ARE VACANT EXCEPT FOR THE EXISTING QUARRY DEVELOPMENT TO THE NORTH BACKGROUND: Previous Planning Commission Meetings Due to hydrology issues with this project, the City's Public Works Department requested a one month continuance at the October 24, 2000 Public Hearing. The Planning Commission, on a 4-0 vote, continued the case to November 28, 2000. On November 28, no action was taken by the Commission due to the application being withdrawn. The applicant has since resubmitted the applications for approval. On April 10, 2001, the Planning Commission, on a 5-0 vote, continued this case to May 8 to allow the applicant additional time to determine if access through The Quarry could be achieved for Parcel 3 (Attachment 1). Project History On June 6, 1995, the City Council adopted Resolution 95-37, approving design guidelines and development standards for a master planned development of 277 housing units on approximately 331 acres to the south of The Quarry development in conjunction with certification of an Environmental Impact Report (Attachments 2 and 3). The adopted Specific Plan for this community outlines its long term development pattern for this residential project and conservation of hillside areas and equestrian/hiking trails. Mountainous areas account for approximately 231 .2 acres (70 percent) of the Plan's area. The gross project density is less than one unit per acre. U13 pc rpt sp25#1, 48 Greg - Page �rq Three types of residential lots are permitted: 1) Cove lots of 8,000 square feet or more, 2) Estate lots of 10,000 square feet or more, and 3) Custom lots of 30,000 feet or more. Access to the site is planned by the extension of Jefferson Street south from Avenue 58 as required by the alignment plan approved under General Plan Amendment 95-048 in 1995 under Resolution 95-41 . Street and other infrastructure improvements are required for this project as subdivision maps are processed. This planned community also has ten custom lots at the northwest corner of the Specific Plan which take access from private streets located in The Quarry development. On April 16, 1999, the Planning Commission approved a time extension and minor text changes for the Specific Plan by adoption of Resolution 99-026, pursuant to Conditions #6 and #7 of City Council Resolution 95-37. Project Request Conditional Use Permit - The applicant is requesting development of a private road into the area with the ten custom home lots with adjacent hillside slopes of greater than 20 percent. A portion of the road, approximately 1,600 feet long, will be located above the 20% slope. The proposed vertical incline of the private road in this hillside area does not exceed 14.8 percent. The road will negate the need to have access through The Quarry. 2. Specific Plan Amendment - The existing Specific Plan allows 277 dwelling units on approximately 331 acres. This Amendment request does not alter the land use plan, or propose residential development in the hillside areas. The principal modification in the Plan is a request to change the original approved access to the 10 lots in Parcel 3 from The Quarry to the north. Access is now proposed by redirection of a private street from Jefferson Street along portions the north side of Parcels 2 and 4 (Lot "B" of TPM 28617), a distance of approximately 3,000 feet. This two-lane roadway (28' curb to curb with no parking) has six foot wide pedestrian pathways constructed using decomposed granite. A double box culvert is proposed where the road crosses a natural watershed channel similar in design to The Quarry development. The applicant has with this amendment updated the document with text changes that are highlighted in accordance with the time extension approved by the Planning Commission in 1999. 3. Tentative Parcel Mao - The applicant proposes three large residential parcels, one open space parcel (211.51 acres) and two lettered lots on approximately 331 acres. Primary project access is planned via the extension of Jefferson Street (Lot "A") and development of Lot "B" for Parcel 3 (See Attachment #4 dated April 5, 2001). U19 pc rpt sp25#1, 48 Greg - Page �� Public Notice: This case was advertised in the Desert Sun on October 13, 2000, and readvertised for this meeting on March 20, 2001. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notice (Attachment 5). A minimum 20 day review period was established for this meeting pursuant to discussions with the Department of Fish and Game. Public Agency Review: The request was sent out for comments to City Departments and affected public agencies on September 29, 2000. Agency comments received have been made a part of the Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: The private alternative access road along the north boundary of the property shall conform to the alignment diagrams in the Specific Plan document. Findings to approve this request per Sections 9.210.020 (Conditional Use Permit) and 9.240.010 (Specific Plan) of the Zoning Code and Section 13.12.130 of the Subdivision Ordinance can be made and are contained in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2001-_, recommending to the City Council certification of an Addendum to the Green Environmental Impact Report (EA 94-287, State Clearinghouse #94112047) for Specific Plan 94-025 (Amendment #1), Conditional Use Permit 99-047 and Tentative Parcel Map 28617; and 2. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Conditional Use Permit 99-047, subject to findings and the attached conditions; and 3. Adopt Planning Commission Resolution 2001- , recommending to the City Council approval of Specific Plan 94-025 (Amendment #1), subject to findings and the attached conditions; and 4. Adopt Planning Commission Resolution 2001- , recommending to the City Council approval of Tentative Parcel Map 28617, subject to findings and the attached conditions. Attachments: 1 . Planning Commission Minutes of April 10, 2001 2. Approved Specific Plan Map 3. New Specific Plan Map 4. Parcel Map Reduction dated April 5, 2001 5. April 10, 2001 Letter from David Hogan 6. Large Parcel Map Exhibit (Commissioners only) pc rpt sp25#1 , 48 Greg - Page 4 4 - 053 U 2 C Submitted by: r Christine di lorio, PlannirYa Manager pc rpt sp25#1, 48 Greg - Page 5 o 5 `,, U ti _ PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 94-287 PREPARED FOR SPECIFIC PLAN 94-025 (AMENDMENT #1), CONDITIONAL USE PERMIT 99-047, AND TENTATIVE PARCEL MAP 28617 CASE NO: ENVIRONMENTAL IMPACT REPORT 94-287 APPLICANT: AGIOTAGE LIMITED WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" day of October, 2000, 10`h day of April, 2001, and 8`h day of May, 2001, hold a duly noticed Public Hearings to consider an Addendum to Environmental Impact Report #94112047 (EA 94-287), as prepared for Specific Plan 94-025 (Amendment #1), Conditional Use Permit 99-047, and Tentative Parcel Map 28617; and WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 94-287 pursuant to CEQA Guidelines 15164; and WHEREAS, the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR (State Clearing House No. 94112047) for Specific Plan 94-025 encompassing 331 + acres and allowing 277 single family residential houses bordering open space, hillside areas. WHEREAS, the revised project is a minor technical addition, which will include redirecting a street from Jefferson Street along the northern portions of Parcel AAResoPC EA SPGreen.wpd - 44 Greg T. I _ 0515 1121 Planning Commission Resolution 2001- Environmental Assessment 94-287 May 8, 2001 Page 2 2 and 4. The private street will be approximately 3,000 lineal feet with a right of way width of 50 feet. However, only 1,600 lineal feet will cross through Parcel 4 where there was previously no disturbance. The purpose for this modification is to gain access to 10 lots in the northwest portion of the property. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did recommend the following facts, findings, and reasons to justify a recommendation to certify said Addendum: The proposed Specific Plan Amendment and related applications will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigations of the site were conducted in 1994 for the project, subject to mitigation alternatives. 2. The proposed Specific Plan Amendment and related applications will not have the potential to achieve short term goals. 3. The proposed Specific Plan Amendment and related applications will not have impacts which are individually limited, but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed project is undertaken pursuant to the Specific Plan for which a Final EIR has been certified. 4. The proposed Specific Plan Amendment and related applications will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates single family residences, private roads and other related infrastructure improvements previously addressed in the certified Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the recitations are true and correct and constitute the findings of the Planning Commission for this Addendum to Environmental Impact Report #94112047 (EA 94-287). A:\ResoPC EA SPGreen.wpd - 44 Greg T. U r� �, 2. That it does hereby recommend certification of the Addendum to Environmental Assessment 94-287 for the above -cite projects. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 81h day of May, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:\ResoPC EA SPGreen.wpd - 44 Greg T. u24 H �l!�yLL APR - 5 2001 DRAFTADDENDUM ENVIRONMENTAL IMPACT REPORT FOR Green Specific Plan Addendum to the Certified E/R SCH# 94112047 Prepared For City of La Quinta 78-495 Cale Tampico La Quinta, CA 92253 Contact., Ms. Christine Di lorio Prepared By: SFC Consultants 26012 Marguerite Parkway, Suite H424 Mission Viejo, CA 92692 Contact: Ms. Saundra F. Jacobs, REA (949) 348-1233 March 19, 2001 26012 Marguerite Parkway, Suite H424, Mission Viejo, CA 92692 Toll free: (888) 212-1558 Telephone: (949) 348-1233 Fax: (949) 348-1433 Email: sjacobs@sfcconsultants.com r� r U�.J 4 U j `� J Table of Contents ITEM PAGE Introduction 3 Role of the Addendum EIR 3 Decision to prepare an Addendum EIR 3 Background 4 Project Description 4 Approved EIR Project Description 4 Addendum Project Description 4 Findings and Facts 6 Land Use 6 Traffic and Circulation 6 Noise 7 Air Quality 8 Water Resources 9 Soils/Geology/Seismic 9 Hydrology 9 Biology 10 Aesthetics/Visual 13 Cultural Resources 13 Recreation 13 Population, Housing and Employment 14 Risk of Upset 14 Public Services and Utilities 15 Regional Location Map 16 Local Vicinity Map 17 Site Plan 18 2 .� U50 u26 Introduction Role of the Addendum EIR SFC Consultants (SFC) understands that the City of La Quinta, in compliance with the California Environmental Quality Act (CEQA), as amended 1999, requires that an Addendum Environmental Impact Report (AEIR) be prepared for minor additions or clarifications to the Final EIR for the Travertine and Green Specific Plans (SCH# 94112047), certified as adequate on June 6, 1995, Regional, Local and Site Plan Exhibits have been attached to this Addendum EIR. Modifications are proposed to Parcel 3 of the Green Specific Plan by redirecting a private street from within Parcel 2 of the Green property, in order to gain access to ten lots in the northwest portion of the site (Parcel S). A total of 1.8 acres, out of the 211.51 acres within Parcel$, will be disturbed. The private street is proposed to be extended from the northern most of three potential entry points along Jefferson (However, no tentative tract maps or internal design layouts have been approved by the City), The private street will approximately 3,000 lineal feet from Jefferson Street to the boundary of the ten lots with a right-of-way width of 50-feet. However, only 1,600 lineal feet (1.8 acres) will cross through Parcel were there was previously no disturbance. Refer to the project description on Page 5 for this Addendum for a detailed discussion. The private street addition is proposed within the boundary of the Green Specific Plan area and will require the following land use approvals: An amendment to the Circulation Plan within the Green Specific Plan is required because the original access to the 10 lots in Parcel was proposed from The Quarry developed to the north. Access is now proposed from one of the three potential access points along Jefferson Street within Parcel 2 (medium and low density land use), through Parcel (open space/recreation), to gain access to Parcel3 (very low density land use). A Conditional Use Permit is required to allow the private street to cross the hillside within Parcel 3, per Zoning Code Section 9.1.40.040. A parcel map for the subdivision of property is required in order to separate the open space area (Parcel from developable areas (Parcels 1, 2 and 4). The private street is proposed as an easement from Jefferson Street to Parcelg. The road will facilitate the future development of Parcel. No land use designations are proposed to change with the Addendum EIR. The AEIR is the appropriate CEQA document based on CEQA Article 11, Section 15164(a, c, d, e), Addendum to an EIR. These CEQA sections state the following: Section 15164(a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Section 15164(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. Section 15146(d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. Section 15164(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Decision to prepare an Addendum EIR (Section 15164(e)) Pursuant to Section 15162, a brief explanation of the decision not to prepare a subsequent EIR has been included in this Addendum EIR for inclusion with the City's findings on the project. Section 15162(a)(1) — Substantial changes are not proposed and will not require major revisions to the previous EIR. The modification to Parcel 3 of the Green Specific Plan is a minor technical addition, as described by CEQA Section 15161(a)(1), which will include redirecting a private street from within Parcel 2, through the northem portion of Parcel$. The purpose for this modification is to gain access to ten lots in the northwest portion of the Green property (Parce11j). The Facts and Findings outlined in this Addendum EIR are based on review of the previously approved Draft EIR and Technical Appendices, and Volumes I and II of the Final EIR. Volume I of the Final EIR contains the Comments and Response to Comments on the Draft EIR after public circulation. Volume II of the Final EIR contains the Mitigation Monitoring Program. No significant new environmental impacts, not previously addressed, are anticipated. Previous reports are applicable to the Green Specific Plan, as proposed to be revised. The previously approved Mitigation Monitoring Program remains applicable and enforceable. Background The Travertine and Green Specific Plans were both certified as adequate by the La Quinta City Council on June 6, 1995, The Green Specific Plan development provides design guidelines and development standards for 277 housing units on approximately 331 acres. Approximately 231 acres are above the toe of slope and have been reserved as open space. Access to ten lots in the northwest portion of the Green Property was originally proposed as an extension from The Quarry residential and golf course development to the north of the site. Subsequent to approval in 1995, access from The Quarry has been changed to the proposed private street. The Keith Companies (TKC) previously prepared the Draft and Final EIRs for the Travertine and Green Specific Plans in March 1995. The Draft and Final EIR studied the impacts associated with development of the Green and Travertine properties. Mitigation measures were outlined within a Mitigation Monitoring Program with regard to mitigating impacts to less than significant levels. In some cases, mitigation measures only mitigated impacts to the extent feasible. These impacts were approved by the La Quinta City Council with overriding considerations. The private street addition neither adds to existing impacts nor requires additional mitigation measures, which may necessitate re -circulation of the document. Proiect Description Approved Green Specific Plan EIR Project Description The Green Specific Plan project description included design guidelines and development standards for 277 housing units on approximately 331 acres. Approximately 231 acres are above the toe of slope and have been reserved as open space. The gross project density would be less than 1 unit per acre. The three product types approved for the Green Specific Plan are as follows: 1) Cove lots (medium density) with a minimum 8,000 square foot lot size, are located on the eastern portion of the site; 2) Estate lots (low density) and Cove lots on 10,000 square foot minimum lots, with a buffer on the open space areas on the west; and 3) Custom lots (very low density) located at the northwestern comer of the project site adjacent to The Quarry development, which consists of 30,000 square foot lots. Project access would be provided via three entry points off of the proposed Jefferson Street alignment. Access to the ten custom lots in the northwest portion of the Green Property was originally proposed as an extension from The Quarry residential and golf course development to the north of the site. Subsequent to approval in 1995, and as discussed below in the Addendum Project Description, access from The Quarry has been changed to the proposed private street. Addendum Project Description The project proponent proposes a modification to the Green Specific Plan by redirecting a private street from within Parcel 2 of the Green property in order to gain access to ten lots in the northwest portion of the site (Parcel). As noted above, original access to the ten lots was proposed from the north via The Quarry. The private street is proposed to be extended westerly from the northern most of three potential entry points along Jefferson within the Green property. The private street is proposed to be approximately 3,000 lineal feet from Jefferson to the boundary of the ten lots with a right-of-way width of 50-feet. However, only 1,600 lineal feet will cross through Parcel f were there was previously no disturbance proposed. Therefore, a total of 1.8 acres of land, out of the 211.51 acres within Parcel F will be disturbed. The access point from Jefferson for this private street will likely be from the northeast corner of the Green property. A secondary emergency access point will be required by the City through The Quarry development. 5 �� 062 09 Findinas and Facts The Travertine and Green Specific Plan EIR identified significant or potentially significant environmental effects associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act (CEQA) and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. ➢ Land Use: The current zoning for the Green property consists of the following: LDR-Low Density Residential. This zoning is based on Specific Plan 94-025 approved by the City of La Quinta City Council in 1995. Findings The imposition and enforcement of the conditions and mitigation measures resolve inconsistencies within existing City General Plan and zoning map designations. The proposed private street will not require the conversion of any portion of previously approved open space areas within the Green property. Emergency access to the ten custom lots would be improved by the proposed Addendum Project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not require the conversion of any portion of the previously approved open space areas within the Green property. ➢ Tragic and Circulation: A Traffic Impact Study was prepared by Endo Engineering in October 1994 for the Travertine and Green Specific Plan EIR. The Traffic Impact Study provided the basis for the mitigation outlined in the Certified EIR. Jefferson Street is not currently constructed and is proposed for improvement as part of the developments for both Travertine and Green properties. The Green Specific Plan provides three possible access points from Jefferson Street. No tentative maps or street alignments have been approved by the City for the Green property. The current Addendum EIR proposed for this private street extension would utilize one of the three access points (northerly most). Access to the ten custom lots in the northwest portion of the Green property was originally proposed as an extension from The Quarry residential and golf course 6 063 030 development to the north of the site. Subsequent to approval in 1995, access from The Quarry has been changed to the proposed private street. Findings The capacity of a typical two-lane road is 10,000 to 12,000 vehicle trips per day. The ten lots within the Green property will generate approximately 150 trips per day. No additional traffic impacts will be generated with the extension of the private street. The private street addition will require an amendment to the Circulation Plan within the Green Specific Plan, and as such, a Conditional Use Permit is required to allow the private street within the hillside per Zoning Code Section 9.1.40.040, and parcel map for the subdivision of property. Access to the ten custom lots would be improved by the proposed Addendum Project. A secondary emergency access point will be required by the City though The Quarry development. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional traffic impact not already addressed in the Green Specific Plan EIR. ➢ Noise: A Noise Impact Study was prepared by Endo Engineering in November 1994 for the Travertine and Green Specific Plan EIR. The Noise Impact Study provided the basis for the mitigation outlined in the Certified EIR. Findings Within the Draft and Final EIR, the ten lots were originally proposed to gain access from The Quarry development to the north. The noise formerly associated with traffic within The Quarry will be transferred to the new proposed access road. No additional noise impacts will be generated with the extension of the road. As noted above in the Traffic section, the ten lots within the Green property will generate approximately 150 trips per day. These 150 vehicle trips will not increase the noise levels not already discussed in the Travertine and Green Specific Plan Draft and Final EIR. OG: u31 Noise related to construction of the road will be required to abide by the mitigation measures approved within the Certified EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional noise impacts not already addressed in the Green Specific Plan EIR. A Air Quality: An Air Quality Impact Study was prepared by Endo Engineering in November 1994 for the Travertine and Green Specific Plan EIR, The Air Quality Impact Study provided the basis for the mitigation outlined in the Certified EIR. Findings The air quality impacts associated with traffic from the ten lots was originally discussed and mitigated to the extent feasible within the Travertine and Green Specific Plan Draft and Final EIR. Significant short-term impacts to air quality will result with implementation of the Green Specific Plan. However, no additional air quality impacts will be generated with the extension of the road. Air Quality impacts related to construction of the road will be required to abide by the mitigation measures approved within the Final EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The Green Specific Plan will result in significant short-term impacts to air quality (as identified in the Certified EIR). b. Overriding considerations were approved by the City Council for impacts within the Green Specific Plan that remained significant after mitigation. c. The proposed private street will not generate additional air quality impacts not already addressed in the Green Specific Plan EIR. ➢ Water Resources: Findings Construction of the private road to the ten approved custom lots will not increase the water supply/demand or sewer needs discussed in the Certified EIR. Facts The City Council has based its findings upon the project's Final EIR, previous wrtten public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional water/sewer issues not already addressed in the Green Specific Plan EIR. ➢ Soils/Geology/Seismic: Findings The private road extension would be constructed within Carsitas Gravelly Sand and would not result in significant impacts from a soils and geology standpoint. In addition, the Green property, including the proposed private street right-of-way, are not located on designated prime agricultural soils, nor are they within the Coachella Valley Blowsand region. Therefore, with implementation of the existing mitigation measures from the Certified EIR, impacts associated with soil, geology and seismicity on the private road would be less than significant. No additional soil, geology or seismic impacts will be generated with the extension of the road. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. impacs not already at in the Green Specific not generate EIRoil, geology or seismic ➢ Hydrology: A stormwater analysis was prepared by Mainiero, Smith and Associates, Inc. August 29, 2000, and was performed for the proposed private street extension using the Riverside County Flood ControllAES unit-hydrograph program. A summary of the stormwater analysis has been provided below. The report in its entirety is available at the City of La Quinta Public Works Department. v33 06v Findings Surface drainage under the proposed private street flows from two watershed areas. One watershed is approximately 320 acres in size, and the second is approximately 125 acres. These two watershed areas would result in a combined 100-year (Q100) stormwater flow of approximately 522 cubic feet per second (cfs). In order to contain 522 cfs during a 100- year storm event, a culvert at the road drainage crossing would be required. The stormwater analysis indicates that a double box culvert, 5 feet wide by 5 feet deep (each barrel) would allow the lower flows to pass under the proposed road. The full capacity of the double box culvert would be in excess of 1000 cfs without any debris. The imposition and enforcement of this condition and mitigation measure will substantially reduce the significant, or potentially significant effects of the project on hydrology. Therefore, project impacts will be reduced to a level of insignificance. Existing local hydrology and hydraulics would be marginally affected and improved by the proposed project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed improvements will help alleviate potential "washout" of the new private road. ➢ Biology: A biological assessment was conducted for the Green property by Thomas Olsen Associates in June 1994. The biological assessment provided the basis for the mitigation outlined in the Certified EIR. Findings ✓ The imposition and enforcement of the conditions and mitigation measures within the Draft and Final EIR attempt to mitigate biologically related impacts to less than significant levels. However, the loss of natural habitat, prescribed sensitive animal species habitats (including the prairie falcon, blacktailed gnatcatcher, loggerhead shrike, desert tortoise, the Palm Springs Round -tailed Ground Squirrel and sensitive bat species habitat's), and the loss of sensitive plants species remained significant after mitigation. Cumulative impacts to the Sonoran Creosote Bush Scrub, desert dry woodland plant and animal communities remained significant and unavoidable after mitigation. In order to mitigate impacts to the extent feasible for the taking of sensitive plant species and the incremental loss of plant and animal communities with the Coachella Valley, the following mitigation measure concerning the Multi -species Habitat Conservation Plan (MSHCP) was required within the Final EIR for the Travertine and Green Specific Plans. One purpose of an area -wide multi -species habitat conservation plan was to provide a vehicle for property owners to mitigate for the loss of otherwise irreplaceable biological resources. Mitigation Measure 3.8.1 states that: The City of La Quinta shall ensure, as proposed by the Coachella Valley Association of Governments, that mitigation/compensation funds shall be made available to the Coachella Valley multi species planning process prior to any habitat impacting activities (grading permit), due to this project. Such funds should be calculated on the basis of acreage of habitat disturbed, pursuant to a formula for fees which is equitably and uniformly applied throughout the Coachella Valley. The method of verification within the Monitoring Program for this mitigation measure is "Plan Review" by the Community Development Department. The Final EIR also goes on to state that the City may choose to become the trustee of fund contributed to CVAG until such time as the MSHCP is adopted. ✓ The biological studies prepared for the Green Specific Plan did not find desert tortoise or Palm Springs Round -tailed Ground Squirrel habitat and therefore no mitigation was required for this species: ✓ Since certification of the Draft and Final EIR for the Green Specific Plan, a draft designation of both Essential and Critical Habitat for the Peninsular bighorn sheep has been established by the US Fish and Wildlife Service. The Final EIR for the Travertine and Green Specific Plans requires the following mitigation measure in order to mitigate impacts to the bighorn sheep. Although this mitigation measure was developed particularly for the Travertine Specific Plan, elements of the measure are still applicable to the Green Specific Plan. Mitigation Measure 3.8.3 states that: The applicant shall ensure that a habitat management plan HMP for the bighorn sheep is prepared by a biologist, reviewed by the Department of Fish and Game, and implemented prior to issuance of grading permits. Elements of the management plant shall include the following measures. These measures will be required even if the preparation of the HMP is stalled or prevented from being adopted. See the Travertine and Green Specific Plans Mitigation Monitoring and Reporting Program Checklist for the specific measures. U 3 5 The method of verification within the Monitoring Program for this mitigation measure is "Approval from California Department of Fish and Game." ✓ Since certification of the Draft and Final EIR for the Green Specific Plan, the U.S. Army Corps of Engineers have published new Nationwide Permits (NWP) criteria. The maximum impact allowed for most NWP's is % acre and formal ACOE notification is required where impacts exceed 1/10th acre. In addition, NWP 14 (road crossings) will be limited to a maximum of 200 linear feet of all waters of the U.S. The access road will require a box culvert for storm drainage of approximately 10 feet in width. According to engineering calculations provided by the project engineer, approximately 1/*h (0.10) acre of would be impacted. The same drainage was crossed within The Quarry project to the north of the site. ✓ If blueline streams are located on the subject property and are subsequently impacted by construction of the private street, the mitigation measures outlined in the Certified EIR will mitigate impacts to less than significant levels. The following mitigation measures has been added to this Addendum EIR: Based on the information obtained from a site visit by Department of Fish and Game personnel, the Department has determined that a Lake and/or Streambed Alteration Agreement under Fish and Game Code Subsection 1600 is required for this project. This mitigation measure is hereby incorporated into the Monitoring Program prepared for the previously Certified Draft and Final EIR. The method of verification within the Monitoring Program for this mitigation measure is "Approval from California Department of Fish and Game." See TPM Exhibit. ✓ The proposed private street will not require the conversion of any portion of previously approved open space areas within the Green property. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. Overriding considerations were approved by the City Council for impacts within the Green Specific Plan that remained significant after mitigation. Mitigation measures outlined in the Certified EIR for the Green Specific Plan will be required for implementation of this Addendum EIR. 12 c. An additional mitigation measure has been added by the California Department of Fish and Game concerning a Lake andlor Streambed Alteration Agreement. d. No new impacts not already addressed in the Certified EIR, would result with implementation of this Addendum EIR. e. The proposed private street will not require the conversion of any portion of the previously approved open space areas within the Green property. ➢ Aesthetics/Visual: Findings The aesthetic impacts associated with ten lots was originally discussed and mitigated within the Travertine and Green Specific Plan Draft and Final EIR. No additional aesthetic impacts will be generated with the extension of the private street Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate additional aesthetic impacts not already addressed in the Green Specific Plan EIR. ➢ Cultural Resources: A Cultural Resources Survey was conducted for the Green property by Dr. Paul Chace, Director of Cultural Resources with The Keith Companies in July 1994. Findings The Cultural Resources analysis prepared by Dr. Paul Chase for the Green Specific Plan property found no cultural resources. Dr. Chase confirmed for SFC that the original analysis encompassed the proposed road extension therefore, implementation of the proposed private street would not impact any new cultural resources. No new studies are required. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: 13 j; l�j U3 7 a. The proposed private street will not generate additional cultural impacts not already addressed in the Green Specific Plan EIR. ➢ Recreation: Findings Construction of the proposed private street would not result in the need for additional par and recreational facilities within the Green Specific Plan area. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not generate the need for additional parks or recreational facilities within the Green Specific Plan EIR. ➢ Population, Housing and Employment: Findings No mitigations were originally proposed for this issue within the Green Specific Plan EIR. However, project specific and cumulative population, housing and employment impacts were considered significant and growth inducing within the certified EIR. The addition of the private street will not increase the number of units previously approved in the certified EIR. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. Overriding considerations were approved by the City Council for growth inducing impacts within the Green Specific Plan that remained significant after mitigation. b. The proposed private street will not generate the need for additional mitigation measures within the Green Specific Plan EIR. 14 IJ u38 ➢ Risk of Upset: Findings No impacts were anticipated on the Green Specific Plan property related to the risk of upset. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: a. The proposed private street will not create a new risk of upset within the Green Specific Plan EIR. ➢ Public Services and Utilities: Findings Law enforcement, fire protection, medical and transit services will benefit from construction of the proposed private street. Schools, electricity, gas, telephone, cable service, solid waste issues will not be impacted by construction of the private street. Emergency access to the ten custom lots would be improved by the proposed Addendum Project. No significant, short-term, or long-term negative impacts are anticipated. No cumulative negative impacts are anticipated. Facts The City Council has based its findings upon the project's Final EIR, previous written public comments, previous written responses to comments and all previous oral and written testimony and other evidence presented at the public hearings on this project and particularly the following facts: onal a services and utilities not already addressed in the Green Specific Plan EIR. public The, proposed private street will not generate the need for EIR. � lr 15 U39 r` I.': 'r.'if a I 6 North LOCAL VICINITY MAP U7" 17 u41. f ,iLL9d; � tppp N PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A 3,000 LINEAL FOOT PRIVATE ROAD OF WHICH 1,600 LINEAL FEET WILL BE WITHIN THE HILLSIDE THAT EXCEEDS 20 PERCENT CASE NO.: CONDITIONAL USE PERMIT 99-047 APPLICANT: AGIOTAGE LTD. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24' day of October, 2000, 10" day of April, 2001, and 8" day of May, 2001, hold a duly noticed Public Hearings to consider the request of Agiotage Limited, for approval of a Conditional Use Permit to allow construction of a portion of a private road within hillside areas with a slope over 20 percent, located approximately '/2 mile south of Avenue 58 on the east and west sides of future Jefferson Street, more particularly described as: APN: 761-030-001 WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report 94-287 pursuant to CEQA Guidelines 15164. No changed circumstances or conditions and no new information provided which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 1 66; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending to the City Council approval of said Conditional Use Permit pursuant to Section 9.210.020: A. Consistency with the General Plan/Zoning Ordinance Residential development planned by Specific Plan 94-025 is consistent with the General Plan Land Use Element. The portion of the proposed road into hillside areas of SP 94-025 is necessary to provide access within the Specific Plan boundaries (i.e., 10 custom lot). The design width of the road at 28 feet is a small as possible to limit hillside grading A:AResoPC CUP47green.wpd, 44 Greg T. - Page 1 07 v4lj Planning Commission Resolution 2001- Conditional Use Permit 99-047, Agiotage LTD. May 8, 2001 Page 2 activities and sloped less than a 15% gradient in compliance with Section 9.140.040 (H.C. Hillside Conservation) of the Zoning Ordinance. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan or will be conditioned to be so in areas of design development standards, etc. B. Compliance with CEQA The Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. Substantial changes are not proposed by development of the road. C. Surrounding Land Uses The site design of the project is appropriate for the intended uses pursuant Specific Plan 94-025 and compatible with surrounding development. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report (#941 12047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and A:AResoPC CUP47green.wpd, 44 Greg T. - Page 2 Planning Commission Resolution 2001- Conditional Use Permit 99-047, Agiotage LTD. May 8, 2001 Page 3 3. That it does hereby recommend approval to the City Council for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 81h day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:AResoPC CUP47green.wpd, 44 GregT. -Page 3 PLANNING COMMISSION RESOLUTION 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 99-047 - AGIOTAGE LIMITED MAY 8, 2001 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Specific Plan 94-025 (Amendment #1), unless otherwise amended by the following conditions. 2. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 94-025 (Amendment #1), FEIR 94-287 Addendum, CUP 99-047 and TPM 28617. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. U79 u46 Cond CUP 47 Green 44-greg, Page 1 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT #1 TO SPECIFIC PLAN 94-025 CASE NO.: SPECIFIC PLAN 94-025, AMENDMENT #1 APPLICANT: AGIOTAGE LIMITED WHEREAS, the Planning Commission of the City of La Quinta did on the 241h day of October, 2000, 10`h day of April, 2001, and 8`h day of May, 2001, hold duly a noticed Public Hearings to consider the request of Agiotage Limited for approval of Amendment #1 to Specific Plan 94-025 to allow a private road along the north side of the Plan's boundary to serve ten single family houses in Parcel 3 of Tentative Parcel Map 28617 for property located on the east and west sides of future Jefferson Street, approximately %2 mile south of Avenue 58, more particulary described as: Portion of the South '/2 of Section 29, T6S, R7E, SBBM (APN: 761-030-001) WHEREAS, said Specific Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council), in that the La Quinta Community Development Department has prepared an Addendum to Environmental Assessment 94-287 pursuant to CEQA Guidelines 15164 Addendum. No change circumstances or conditions exist and no new information provided which would require preparation of a subsequent EIR, pursuant to Public Resources Code 21 166; and WHEREAS, on June 6, 1995, the La Quinta City Council certified the EIR for Specific Plan 94-025 (Resolution 95-36) as adequate and complete, adopted "Statements of Overriding Considerations," and adopted "CEQA Findings and Statements of Facts"; and WHEREAS, the Planning Commission did, on the 13`h day of April, 1999, hold a duly noticed Public Hearing on SP 94-025 (111 Time Extension), and by a vote of 5-0, adopted Resolution 99-026 approving a first time extension and text changes to the Plan; and WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons pursuant to Section 9.240.010 of the Zoning Ordinance to justify the recommendation for approval of the Specific Plan Amendment: A:AResoPC SP25#1 green.wpd - 44greg t- Page 1 4 - 0 6 (U 4 7 Planning Commission Resolution 2000- Specific Plan 94-025, Amendment #1 May 8, 2001 Page 2 A. Consistency with the General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential uses are proposed for Low Density Residential areas and open spaces will be preserved excluding development of a new road to serve ten custom lots. The roadway width has been kept to a minimum to reduce damage to the affected hillside areas. The Specific Plan contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Specific Plan offers guidelines promoting a balanced and functional mix of land uses consistent with the City's General Plan. The maximum number of residential units is 277. B. Public Welfare The Specific Plan Amendment contains a summary of each of the goals and policies applicable in evaluating the document's consistency with the General Plan. Overall, the Amendment offers guidelines promoting a balanced mix of residential land uses consistent with the City's General Plan. Any development within hillside areas shall comply with Section 9.140.040 of the Zoning Ordinance which requires specific engineering studies and limits the roadway grade to 15%. C. Land Use Compatibility The Specific Plan Amendment is compatible with zoning on adjacent properties in that the General Plan Land Use Policy Diagram shows the surrounding properties to be primarily Low Density Residential. D. Property Suitability The Specific Plan Amendment will not create conditions materially detrimental to the public general welfare in the proposed road extension is compatible with existing land uses. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; and AS A:\ResoPC SP25#1 green.wpd - 44greg t - Page 2 LI <S 1 Planning Commission Resolution 2000- Specific Plan 94-025, Amendment #1 May 8, 2001 Page 3 2. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report (#941 12047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 3. That it does hereby recommend to the City Council approval of the above - described Amendment request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:\ResoPC SP25#1green.wpd - 44greg t - Page 3 - 082 U A 9 PLANNING COMMISSION RESOLUTION 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 94-025, AMENDMENT #1 - AGIOTAGE LIMITED MAY 8, 2001 GENERAL The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding FEIR 94-287 Addendum, CUP 99-047 and TPM 28617. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. Specific Plan 94-025 (Amendment #1) shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 (Amendment #1) and those exhibits contained in the Final EIR and Addendum and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. The approved Specific Plan text on file with the Community Development Department shall be revised to incorporate the following conditions. Four copies of the final document shall be submitted after final approval by the City Council with an additional copy being unbound. LANDSCAPING 5. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24"- and 36"-boxes) having a minimum caliper size of 1 .5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 6. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, u�O '.._ O83 AMond3P 25 GrAmen#1.wpd - 44 Greg Trousdel Page I of 4 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 and the Riverside County Agricultural Commissioner. 7. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. No building permits shall be issued for Parcel 3 houses until landscaping improvements are installed along the private hillside road. FIRE DEPARTMENT 8. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 9. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm"assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. PROPOSED TEXT DOCUMENT CHANGES 10. Add to Page 22 (Circulation Section) - 1. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at vv u5T A:Wondff 25 GrAmen#1.wpd - 44 Greg TrousdelL , `, U `Page 2 of 4 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 2. Jefferson Street (adjacent to this development) - a. Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. b. Construct 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk on east side of street and 10-foot multi -use trail on west side of street (design to be approved by City). B. PRIVATE STREETS AND CUL DE SAC Residential - Street widths shall comply with the requirements of the Circulation Element (Table CIR-2) of the General Plan. 2. Collector (2:300 homes or 3,000 vehicles per day) - 40-feet wide. 2. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map applications. Provide a secondary (emergency) access entry (20-foot wide) from Parcel 3 through The Quarry. 3. "The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas, Open Space lettered lots, and perimeter walls and landscaping." 1 1 . Modify Page 17 (First paragraph, Last sentence) as follows: "Ten custom lots are proposed in the northwestern corner of the site, and will gain emergency access through The Quarry and primary access from Jefferson Street via a 28- foot wide private road (curb to curb) pursuant to the design standards of Tentative Parcel Map 28617 and Conditional Use Permit 99-047. u52 kWond3P 25 GrAmen#l.wpd - 44 Greg Trousdell. (i IJ Jage 3 of 4 AV uO Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Specific Plan 94-025, Amendment #1 April 10, 2001 12. The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required by this development include: A. Jefferson Street - Full width right of way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. B. PRIVATE STREETS Residential: 29-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. 13. The applicant shall create a 10-foot wide Multi -Purpose Easement within the required 20-foot landscape easement on the west side of Jefferson Street. 11, Q86 u53 MCoudSP 25 GrAmeudl.wpd - 44 Greg TrousdelL Page 4 of 4 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL TO SUBDIVIDE APPROXIMATELY 331 ACRES INTO FOUR LOTS AND OTHER STREET LOTS LOCATED ON THE EAST AND WEST SIDES OF FUTURE JEFFERSON STREET, APPROXIMATELY '/2 MILE SOUTH OF AVENUE 58 CASE NO.: TENTATIVE PARCEL MAP 28617 APPLICANT: AGIOTAGE LIMITED WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of October, 2000, 101h day of April, 2001, and 81h day of May, 2001, hold a duly noticed Public Hearings to subdivide 331 acres into four lots and other lettered lots (Lots "A" and "B") in Specific Plan 94-025 generally located on the east and west sides of future Jefferson Street, approximately '/2 miles south of Avenue 58, more particularly described as: Portion of the South % of Section 29, T6S, R7E, SEEM (APN: 761-030-001) WHEREAS, said Parcel Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-63 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Assessment 83-009 pursuant to CEQA Guidelines 15164 Addendum. No changed circumstances or conditions exist which require preparation of a subsequent EIR, pursuant to Public Resources Code 21 166; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval to the City Council of said Tentative Parcel Map 28617 pursuant to Section 13.12.130 of the Subdivision Ordinance: Finding Number 1 - Proposed Map Consistency with the General Plan and Specific Plan 94-025 (Amendment #1) The proposed parcel map is consistent with the City's General Plan Low Density Residential and Open Space land use designations pursuant to Specific Plan 94- 025 (Amendment #1). Road development in hillside areas shall be consistent with the provisions of Section 9.140.040 of the Zoning Code, and the environmental impact mitigation measures of the Green Specific Plan. A:\RESOpc TPM 28617 Green.wpd, 44 Greg T. Page 1 087 v 51 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. May 8, 2001 Page 2 The proposed Tentative Parcel Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide streets and adequate stormwater drainage via retention basins, culverts, etc. Finding Number 2 - Consistency of Design and Improvements with the General Plan and Specific Plan 94-025 (Amendment #1) The design and improvements of the proposed subdivision are consistent with the City's General Plan and Specific Plan 94-025. Implementation of the recommended conditions of approval ensures proper street widths and road design standards are met. Finding_Number 3 - Consistency with the California Environmental Quality Act The original Green Specific Plan EIR identified significant or potentially significant environmental effect associated with the project covered in Section III of the EIR. The findings, and facts supporting the findings, are required by Section 21081 of the California Environmental Quality Act and Section 15091 of the State CEQA Guidelines. The Facts and Findings previously approved in the EIR are still applicable and enforceable. Substantial changes are not proposed by development of the road. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements, as conditioned, are not likely to cause serious public health problems, in that this issue was considered in Specific Plan 94-025 (Amendment #1) in which no significant health or safety impacts were identified for the proposed project. Finding Number 6 - Suitability of Site The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure A:\RESOpc TPM 28617 Green.wpd, 44 Greg T. Page 2 0s3 u5 5 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. May 8, 2001 Page 3 fish or wildlife, or their habitat, in that SP 94-025 (Amendment #1) prepared for Parcel Map 28617 did not identify any significant impacts for this issue. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby require compliance with Specific Plan 94-025 (Amendment #1); and 3. This application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83- 68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Impact Report (#941 12047) pursuant to CEQA Guidelines 15164. No changed circumstances or conditions exist and no new information has been provided which would require the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166; and 4. That it does recommend approval of Tentative Parcel Map 28617 to the City Council for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8`h day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California A:\RESOpc TPM 28617 Green.wpd, 44 Greg T. Page 3 089 u56 Planning Commission Resolution 2001- TPM 28617, Agiotage LTD. May 8, 2001 Page 4 ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California AARESOpc TPM 28617 Green.wpd, 44 Greg T. Page 4 7 :..; -- 0J J u PLANNING COMMISSION RESOLUTION 2001- Exhibit "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 28617, AGIOTAGE LIMITED MAY 8, 2001 GENERAL 1 . Tentative Parcel Map 28617, dated April 5, 2001, shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 94-025 (Amendment #1), FEIR 94-287 Addendum, and CUP 99-047. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The development shall comply with Exhibit "A" of Specific Plan 94-025 (Amendment #1) and those exhibits contained in the Final EIR and Addendum and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 5. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments and/or agencies: * Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department * Riverside County Environmental Health Department * Desert Sands and Coachella Valley Unified School Districts * Coachella Valley Water District (CVWD) * Imperial Irrigation District (IID) 0�1 u53 A:ICondTPM28G17Gr.F1na1-wpd - 44 greg Page 1. of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 2 * Verizon * California Regional Water Quality Control Board (NPDES Permit) * Time Warner * Sunline Transit The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 6. The Specific Plan Draft and Final EIR and Addendum shall be used in the review of all project proposals in the Specific Plan 94-025 area. Said mitigation measures are hereby incorporated into these conditions by reference. 6. Prior to issuance of the final map the applicant shall make the following lot designations: A. The "Open Space" portions of Parcels 1 and 2 shall be designated as separate lettered "Open Space" lots (i.e., Lots C and D); B. The private street providing access to Parcel 3 shall be designated as a lettered lot (Lot "B"); C. Parcel 2 shall show a 29-foot wide access easement extending from Jefferson Street to the private street providing access to Parcel 3. 7. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. S. The applicant shall dedicate an easement or reserve unto themselves, their successors, and assigns an undevelopable natural open space easement over lettered lots "C" through "D" (designated as "Open Space" lots on the Final Map) and Parcel 4 for preservation of natural open space in perpetuity. 9 This tentative map and any final maps thereunder shall comply with the requirements and standards of §§66410 through 66499.58 of the California u 59 A:ICondTPMZ8617GrY1na1.wpd - 44 grog Page 2 of 15 e. 11J2 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 3 Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) PROPERTY RIGHTS 10. All easements, rights -of -way and other property rights necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a Certificate of Compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 1 1 . If the applicant proposes vacation or abandonment of any existing rights -of -way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide to those properties alternate rights -of -way or access easements on alignments approved by the City Council. 12. The applicant shall dedicate public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedication required of this development include: A. Jefferson Street (Lot "A") - Full -width right-of-way pursuant to the Jefferson Street Alignment Plan made part of/or adopted with General Plan Amendment 95-048. PRIVATE STREETS A. Residential: 29-foot width (Lot "B"). On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. The applicant shall dedicate street rights -of -way prior to required approvals of U0O A:TondTFM28817Gr.F1na1.wpd - 44 greg Page 3 of 15 093 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 4 any proposed subdivision or improvements to land within the specific plan boundaries. If the City Engineer determines that public access rights to proposed street rights -of -way shown on the tentative map are necessary prior to approval of final maps dedicating the rights -of -way, then developer shall grant temporary public access easements to those areas within 60-days of written request by the City. 13. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 14. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Jefferson Street - 20 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 15. The applicant shall vacate vehicle access rights to Jefferson Street from lots abutting the street. Access to the development from Jefferson Street shall be restricted to that shown on the "Circulation" diagram in the specific plan. 16. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this specific plan by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. IMPROVEMENT AGREEMENT 18. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations u 6 1. A:ICondTPM286176r.F1naLwpd-44grog Page 4 of 15 I- (i j i Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 5 required by the City for any tentative tract or parcel map or approved phase of development prior to approval of the map or phase or issuance of a certificate of compliance in -lieu of a final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (i.e., streets) and development -wide improvements (i.e., perimeter walls, common area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. IMPROVEMENT PLANS 21. Improvement plans submitted to the City for plan checking shall be submitted on 24" X 36" media in the categories of "Rough Grading", "Precise Grading", "Streets and Drainage", and "Landscaping". All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscaping improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above, shall be in formats approved by the City Engineer. r, U s� AAondTPM286176r.F1naLwpd - 44 grog . L age 5 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 6 22. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. GRADING 23. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 25. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. Grading plans adjacent to General Plan designated open space areas shall comply with the requirements of Sections 9.110.070 (Hillside Conservation Overlay District) and 9.140.040 (Hillside Conservation Regulations) of the Zoning Ordinance. 27. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 28. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, u63 A:TondTPM28617Gr.FinaLwpd - 44 greg , ^ L J DJ 6 of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 7 geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE 29. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained on site (rather than detained and released as proposed in the specific plan document)• The tributary drainage area for which the developer is responsible shall extend to the centerline of adjacent public streets. 30. Stormwater shall normally be retained in common retention basins. Individual lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is determined by the City Engineer to be impractical. 31. If individual lot retention is approved, the following conditions shall apply: A. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Basin capacity calculations and grading plans for each lot shall consider previously - approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent lot plans, to the City Engineer for plan checking and approval. B. Prior to or concurrently with recordation of the final subdivision map, a homeowner's association or lot owner's association (HOA) shall be legally established and Covenants, Conditions and Restriction (CC & Rs) recorded. The CC & Rs shall stipulate the requirement for design, construction and maintenance of individual on lot basins and the required retention capacity for each individual lot. The CC & Rs shall grant the HOA irrevocable rights to enter and maintain each individual retention basin and all other grading and facilities necessary for the stormwater retention design. The CC & Rs shall establish, in an irrevocable manner that: 1 . The HOA has responsibility for the overall retention capacity of the development; U 6 9. A:UndTPM28617Gr.F1na1.wpd - 44 greg • _ U J Page 7 of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 8 2. If the HOA fails to maintain the overall retention capacity, the City shall have the right to seek other remedies to restore and/or maintain the overall capacity or to establish or expand downstream facilities to mitigate the off -site effects of the HOA's failure to maintain the overall capacity; and 3. The HOA shall promptly reimburse the City for any and all costs incurred in exercising such right. C. The final subdivision map shall establish a perpetual easement granting the City the right to enter and maintain retention basins and other drainage facilities and grading as necessary to preserve or restore the approved stormwater conveyance and retention design with no compensation to any property owner of the HOA. 40. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. Retention basin slopes shall not exceed 3:1 . If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. u6�1 A:XondTPMZ8617Gr.FinaLwpd-44greg rill Tage 8 of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 9 46. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to bodies of water subject to the NPDES, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations an methods of treatment or screening shall meet the approval of the City Engineer and other agencies that have jurisdiction. UTILITIES 47. Existing and proposed wire and cable utilities within or adjacent to the proposed development shall be underground. Power lines exceeding 35 kv are exempt from this requirement. 48. The applicant shall obtain the approval of the City Engineer for the location of all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone strands, to ensure optimum placement for aesthetic as well as practical purposes. 49. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREETS AND TRAFFIC IMPROVEMENTS 50. The City is contemplating adoption of a major infrastructure and thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a Certificate of Compliance for any waived final map, the development or portions thereof shall be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 51. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. u6� A: ICondTPM28617Gr.Fina1.wpd - 44 grog "" �� `� rage 9 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 10 Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic loadings, the partial section shall be designed with a strength equivalent to the 20-year design strength. 52. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 53. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 54. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1 . 58th Avenue, Jefferson Street and 62nd Avenue in accordance with the Jefferson Street Alignment Plan. Development of Phases II and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. a. 10ll us A: ICondTPM28617Gr.Fiaai.wpd-44greg Page 10of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 11 2. Jefferson Street (adjacent to this development) - Improvement section as determined by the Jefferson Street Alignment Plan. If the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. B. PRIVATE STREETS AND CUL DE SAC 1 . Residential (Lot "B") - 28' minimum gutter flow line to gutter flow line, parking prohibited. Parking restriction shall be provided for and enforced by the Homeowners Association. 2. Collector (>>>300 homes or 3,000 vehicles per day) - 40-feet wide. 55. All streets proposed for residential or other access drives shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas. 56. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan, subject to review by the Planning Commission and City Council during review of the subdivision map application(s). Provide a secondary (emergency) access entry (20-foot wide) from Parcel 3 through The Quarry. 57. Prior to occupancy of completed buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. 58. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter. The location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. LANDSCAPING 59. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street pursuant to Section 9.60.240 of the Zoning Ordinance. The concept landscape plan for Jefferson Street shall be approved by the Planning Commission during review of a Site Development Permit and/or 101 u68 A:WondTPM28G17Gr.FinaLwpd-44grog Page 11 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 12 subdivision map application. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24"- and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. 60. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Conceptual front yard landscaping plans shall be submitted for approval by the Planning Commission during consideration of any Site Development Plan application. 61. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public and private streets. 62. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly - or commonly -maintained landscape areas. 63. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 64. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 65. Desert or native plant species and drought resistant planting materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. A:XondTPN1?A17Gr.FinaL Wpd - 44 greg 1.02 u69 Page 12 of 15 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 13 FIRE DEPARTMENT 66. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 67. The level of service required for this project shall be aligned with the criteria for Catalog II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. COACHELLA VALLEY WATER DISTRICT 68. The applicant shall comply with the requirements of the CVWD at time development plans are submitted. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. ELECTRICAL UTILITIES 69. The applicant shall comply with the requirements of the Imperial Irrigation District at time development plans are submitted. RECREATION 70. Prior to any final map approval by the City Council, the applicant shall meet the parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code and in compliance with the goals and policies of the La Quinta Parks and Recreation Master Plan. AftCondTPM28617Gr.Final.wpd - 99 greg Page 13 of 15 U .` O 103 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 14 QUALITY ASSURANCE 71. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 72. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. MAINTENANCE 73. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter walls and landscaping. 74. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. FEES AND DEPOSITS 75. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. The applicant shall additionally pay any fees of any nature required by the City at the time of recording of the final map or the issuance of a building permit according to the fee requirements in effect at the time of issuance or approvals for those items. 76. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 77. In order to mitigate impacts on public schools, applicant shall comply with the following: "Prior to the issuance of any building permits, the applicant shall A:WondTPAMG17Gr.FinaLwpd - 44 grog 10 u73. ' .. ' Page l4of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Tentative Parcel Map 28617 May 8, 2001 Page 15 provide the Building and Safety Department with written clearance from the affected school district stating that the per -unit impact fees have been paid." 78. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. MISCELLANEOUS 79. The applicant shall comply with applicable provisions of the National Pollution Discharge Elimination system (NPDES) and the City's NPDES permit. 80. Prior to issuance of any site permits, the developer shall submit to the Community Development Department a detailed construction plan for the project's Multi -Purpose Trail. This plan shall include access, signage, and detailed design. The applicant shall create a 10-foot wide Multi -Purpose Easement within the required 20-foot landscape easement plus the west side of Jefferson Street right-of-way. FINAL MAP(S) AND PARCEL MAP(Sl 82. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 02 �-a A:XondTPN=6176r.FinaLwpd-44grog - e I5 of 15 ATTACHMENTS u73 IUG Attachment 1 Planning Commission Minutes April 10, 2001 7. There being no further ssion, it was moved aet2001 by Commissioners yler to adopt Planninission Resolution 200 approving Conditional Us -057, as recomm ROLL CALL S: Commissioners Ab utter, Kirk, Tyler, and hairman Robbins. None. ABSENT: Nonce ABSTAIN: None. irIt was moved and ed by Commissioner utter to adopt Planning C sion Resolution 200 pproving Site Development 2001 695, as rec0 ed. ROLL CALL: Commissioners A Butler, Kirk, Tyler, and Irman Robbins. NO : None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 94-287 Addendum Specific Plan 94-025 Amendment #1 Conditional Use Permit 99-047, and Tentative Parcel Map 28617; a request of Agiotage Limited/Mainiero, Smith and Associates for Certification of an Environmental Impact Report Addendum allowing a new access road for an approved master planned residential community of 277 hours; Development of a private road on a hillside slope exceeding 20 percent; Amend the Specific Plan allowing a 3,000 foot long private access road along the north side of a 330.70 acre property to serve ten custom lots; and a Tentative Parcel Map subdividing 330.70 acres into four parcels and other lettered street lots located at the bisection of the future Jefferson Street, approximately one half mile south of Avenue 58. Commissioner Tyler asked Assistant City Attorney Ramirez that since they had just been handed this multi -page document pertaining to this project and somehow they were to absorb it and let it inter their thinking as they make a determination on this project, did they have to acknowledge the contents. He has objected previously and is objecting again to these fifth hour submittals and his question are: a) do they have consider at this late entry; and b) if they do need to consider it, can they continue it to allow adequate time to consider it. Assistant City Attorney Ramirez stated staff and his office have had time to review the letter and digest its contents and he will have comments on this letter during the hearing process. They will provide the G:\WPDOCS\PC4-10-01 .wpd 3 U74 107 Planning Commission Minutes April 10, 2001 Commission with an assessment of the letter as well as the impact, or reported impact, on the previously adopted EIR and Addendum before the Commission. The Commission does have to consider it at this late time as it has been provided prior to the Planning Commission meeting. Commissioner Tyler stated that may be well and good but staff and the Attorney's office are not the ones voting on the project. The Commissioners are and they have not had the time to digest its contents. Assistant City Attorney Ramirez stated he understood this and certainly it was not an ideal situation. Staff always encourages early participation but it is not always the case and the only thing staff can do is help the Commission understand the contents and impact of the contents. Commissioner Tyler stated he appreciated the advice, but his immediate reaction is to put it aside and dwell only on the information that was given to him in his agenda packet. 2. Chairman Robbins stated that sometimes the purpose of a late entry is to get the Commission to postpone their decision. Assistant City Attorney Ramirez stated the Commission could ask Mr. Hogan of the Center for Biological Diversity, who wrote the letter, why it was so late. 3. Commissioner Butler stated he concurred with Commissioner Tyler's comments and strongly resented the letter being presented at the last hour. If they have the ability to produce a document such as this they also have the ability to get it to the City in a timely for them to review it and not have to rely on staff to read and digest it for them. As he is voting on this tonight, he agrees with Commissioner Tyler, that he would reject the document based on the basis that he has never had the opportunity to even read it, although he recognizes that is nothing they can deal with at this meeting. He would like them to know if it happens again, don't come. 4. Commissioner Kirk stated he does not completely agree with his colleagues as he has been on the other end and often, and he is sure the Commission will hear from Mr. Hogan, and it is one mitigating factor, that they don't just have a letter but also have a person testifying and addressing the issues. Sometimes you do not have the time to prepare for public hearings and there may be factors the Commission is unaware of. It would be nice to receive G:\WPDOCS\PC4-10-01.wpd 4 U / J Planning Commission Minutes April 10, 2001 notices in advance. However, the law is very clear on this issue. If it is submitted a minute before the hearing it is required that the Commission address and considered the contents during the hearing process. Therefore, he would strongly suggest the Commission not reject it out of hand. 5. Commissioner Butler stated he did not disagree with what Commissioner Kirk stated. What he does disagree with is the opportunity to absorb the contents himself and he does understand that late arrivals do create more interest. 6. Commissioner Kirk stated he concurred and it would be nice to have the letter in advance, but again, the Commission is obligated under the law to consider everything presented. Assistant City Attorney Ramirez, stated that as the Commission goes through the staff report, staff and the City Attorney's office views that the letter does not impact the Addendum at all which obviously the Commission has had time to review. 7. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 8. Chairman Robbins asked if there were any questions of staff. Commissioner Butler asked staff if this area was part of the area where the Commission had taken a field trip. Staff stated yes and showed the area on the map. 9. Commissioner Kirk asked where the grades were on the proposed roadway and where the 20% slope began and ended. Senior Engineer Steve Speer indicated on the map, the location where the road would cut into the toe of slope. Commissioner Kirk asked if the City had permitted road cuts in this type of slope. Staff stated something similar at the Tradition, but did not cross a ridge line. We have shaved across the face of slopes in various locations, the Point Happy project is the most recent. Commissioner Kirk asked if the right of way asphalt was noted by the grey on the map. Staff stated yes and explained the road. 10 G:\WPDOCS\PC4-10-01 .wpd 5 Commissioner Butler asked staff to clarify that this road was being requested because they could not gain access through the Quarry. Senior Engineer Steve Speer explained there were two issues in regard to the Quarry. First was a vacation of right-of-way. 10 90 Planning Commission Minutes April 10, 2001 Officially this property had had accessed the street right of way. There were no street improvements. Adams Street right of way was west of this location and Avenue 58 use to extend across the north side of the Quarry. As a condition of vacating that right of way and taking away access to the Green property, the Quarry is obligated to enter into an agreement with this property to provide access. However, the two property owners have never been able to come to terms on what the cost sharing would be. Second, technically the Quarry is in default. They have never recorded the street vacation. When the City approved the final tract map for the Quarry they were again conditioned to provide access and it was to be mutually agreed upon between the two parties. They do have their map, but the street vacation has never been officially recorded and therefore, officially there is still street right of way at the Quarry passing through their golf course and several lots. 1 1 . Commissioner Kirk asked staff to explain what "default" means and why it occurred. Staff stated that when a street right of way is vacated, the City approves the concept with conditions and the developer has to satisfy the conditions before they have a final project. In this instance, the right of way is not considered vacated until it is recorded. The Quarry has never recorded the street vacation because they have never perfected the requirement of providing access to the property that will be denied access. 12. Commissioner Abels asked if there was any time line to complete the recording. Staff stated there was no timeline placed on them to complete the requirements. 13. Commissioner Tyler asked if the City had the ability to force the road so a road would not have to be constructed through the hill. Staff stated this may be the opportunity to do that. 14. Commissioner Kirk asked if there was an opportunity to condition the Quarry which is where the problem lies. Staff stated the issue before the Commission is the road which is the applicant's alternative as a result of not being able to reach a solution with the Quarry. This issue of the Quarry denying access to the Green property has come up time and time again. Staff has spoken with the attorney for Mr. Green where the Quarry was denying access to real estate people to show the property whereas before the Quarry allowed this. G:\W PDOCS\PC4-10-01.wpd Planning Commission Minutes April 10, 2001 15. Commissioner Tyler asked if this application of the road opened the whole Environmental Assessment process. Assistant City Attorney John Ramirez stated that to the extent the Commission was taking about potential impacts to habitat and the like, his answer would be no. It would not open up the conclusions drawn on the EIR or the Addendum. Commissioner Tyler stated the road only encompasses a small portion of the project. Is that what they are to limit their focus to. Assistant City Attorney John Ramirez stated that to the extent the Addendum and project before the Commission is this road, not the alternative right of way or the condition that was imposed on the Quarry. Commissioner Tyler asked if any issue other than the road was open for discussion at this time. Assistant City Attorney John Ramirez stated no, but as issues are discussed he can clarify whether or not it pertains to this application. 16. Commissioner Kirk asked, somewhat in jest if there was anything to stop someone from walking on that public right of way for Avenue 58 even though it was within the Quarry. Staff stated the public right of way exists, but he is sure someone would try to stop anyone from entering. Commissioner Kirk asked legal counsel if this was possible. Assistant City Attorney John Ramirez stated it was a question of right versus practicality. Certainly as a public right of way you would have every legal right to be on that public right of way, but obviously to the extent there are physical barriers that would be a practical impediment. 17. Ms. Saundra Jacobs, SFC Consultants, gave a presentation on the EIR Addendum prepared for this project. 18. Chairman Robbins asked if the Commission denied the Addendum, it would only deny the road to the ten lots but the remainder of the project that was previously approved could proceed. Ms. Jacobs stated that was her understanding. 19. Commissioner Kirk questioned the Army Corp nation-wide permit process of a tenth of an acre. Ms. Jacobs stated that was correct based on their engineering calculations. Commissioner Kirk asked staff if they have had any conversations with the Corp regarding this project. Ms. Jacobs stated not with the Corp directly. However, as it moves through the process and should the applicant need a streambed alteration permit, the Corp will be consulted on that process and if the Corp decides it is more than u7g G:\WPDOCS\PC4-10-01 .wpd 7 1 �, Planning Commission Minutes April 10, 2001 a tenth of an acre based on their analysis, then there will need to be a modification in the road alignment or another alternative. Commissioner Kirk asked based on the Supreme Court's action, does staff believe the Corp has jurisdiction over this project. Ms. Jacobs stated that if they find that there is a blueline stream on the property, they will need to do a wetland analysis or wetlands delineation to decide that and then the Corp would review that application for a nation wide permit. Commissioner Kirk asked if this was a navigable body of water. Ms. Jacob stated it was a blueline on the U.S.G.A. map. Commissioner Kirk asked if staff was familiar with the U. S. Supreme case. Ms. Jacobs stated she was not. Commissioner Kirk stated it was his understanding that there had been some changes in Corp policy. Has staff or legal counsel had any interaction with them regarding this. Assistant City Attorney John Ramirez stated he is aware of the case cited, but is not aware of any Corp policy changes in response to the case. He would argue that this was a case where they lack jurisdiction. Without knowing the Corps reaction to the case he is somewhat limited on providing information as to where they stand on the issue. Commissioner Kirk stated this is only one of the issues that the applicant may have many of. Ms. Jacobs added it is the same streambed crossing that the Quarry crossed when they developed. 20. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Marvin Roos, Director of Planning Services for Mainiero Smith, engineer representing the project, stated they were in agreement with most of the conditions. They would prefer to have taken access through the Quarry, but it is difficult to get two private parties to agree. 21. Commissioner Tyler stated this proposal is before them because no agreement could be reached between the two private parties; has everything possible been done in good faith to achieve this? Mr. Roos stated Mr. Green's attorney has been diligently working on this, but to no avail. They are before the Commission at this time as one of the things they believe necessary to create an atmosphere where they can reach a closure on this issue. They need to be able to negotiate from a position of having some rights as opposed to begging for rights. This is why they have asked for the road. It can be done very sensitively. It is their hope to not do the road, but if they have to, they are prepared to do so. G:\WPDOCS\PC4-10-01 .wpd 8 Planning Commission Minutes April 10, 2001 22. Chairman Robbins asked if there was any other public comment. Mr. Bill Morrow, representing the Quarry, stated they have been in every one of the discussions with Mr. Green and Mr. Schlecker over the last seven years and at no time has any proposal ever been made by Mr. Green to him as to what they would or would not do with regard to getting into their property. They are perfectly amenable and agreeable to allowing that to occur as it part of the agreement they reached in 1993, when they first developed the property and that has not changed. As late as last week he made the tenth, fifteenth, or twentieth proposal to Mr. Green and he did not respond to it. So, at no time have they made any contradiction, action, proposal, anything whatsoever to the Quarry and they have done it over and over again. So I think the conversation you are hearing from these folks is really coming out of the side of their mouth because they are agreeable to doing this. To run a road up here and change the City's hillside ordinance and so forth, to satisfy their needs, I think strictly has to do with money and they are not that difficult to deal with if they will come up with a proposal. They have not done so and he has done so over and over again and have no comment back from them. This has gone on for year after year after year. What the Commission is hearing is one side of the coin, but actual side of the coin is that they will do anything that is necessary to make this work and they do not believe this road is the proper answer. They have stated they are not here for the purpose of building the road, but or the purpose of negotiating with him and that should not have been necessary, hasn't been necessary. If they make a proposal, he will be glad to listen to it. 23. Mr. Bob Mainiero, Mainiero Smith and Associates representing Agiotage, stated he too has attended four meetings in Palm Desert with representatives of the Quarry and in his opinion there was never an effort to negotiate in good faith. Each time they left the meeting, with the conclusion was that there was going to be a lawsuit and Mr. Green did not want to pursue that avenue. 24. Mr. David Hogan, Center for Biological Diversity, offered an apology for the late date of the letter. It was an honest mistake. He had confused the date between the City Council hearing in May with this meeting and he apologized for submitting it so late. Obviously he would prefer they have the time to consider the points they brought up. He would like to request time to rebuttal to the City's attorney discussion after Mr. Hogan's presentation. G:\WPDOCS\PC4-10-01.wpd 9 1 j v U& 0 Planning Commission Minutes April 10, 2001 Chairman Robbins stated that was not proper. He would be allowed an opportunity to make comments and the City would have theirs. Mr. Hogan stated his primary purpose in appearing is to request the Commission deny certification of the Environmental Impact Report Addendum for the Green and to request of the applicant submission of a subsequent EIR addressing new information and changed circumstances regarding the Peninsular Big Horn Sheep prior to reconsideration by this Commission and City Council. Some of the point are that the project applicant needs to prepare a subsequent EIR due to substantially changed circumstances and the availability of new information. He will hit on that information very quickly. That information includes substantial decline in the Martinez Canyon ewe group of Big Horn Sheep since consideration of this project in the original EIR. It also includes a listing of the species as a Federally Endangered Species by the U.S. Fish and Wildlife Service. Since listing there was the formation of a recovery team which came up with what's known as an "Essential Habitat Boundary" which includes the Green property in its entirety. The term "essential' relates to basically all habitat which is considered necessary for the survival and recovery of the species. That is why the recovery team developed the term and map that included essential habitat on the Green project as well as obviously elsewhere throughout the range of the species. The last point he would like to make on new information is that there has been a major comprehensive study on the effects of urbanization on Peninsula Big Horn Sheep produced by the Big Horn Institute and that contains a lot of new data about the effects, not only direct impacts from development, but the effects from lighting, noise, landscaping, all these things basically called edufacts on Big Horn Sheep populations and unfortunately are negative. All this information, the decline of the ewe group, decline of the Peninsula Big Horn Sheep numbers throughout the species range, Federal listing and the urbanization study are clearly changed circumstances. Federal listing of the Peninsula Big Horn Sheep as an endangered species also triggered a mandatory finding of significance not present during the CEQA review process. According to the case law right now, regardless of what is on the table tonight, the City has the obligation to consider any new information relating to this project and go back and require a subsequent EIR if that information has become available and has he has said it has become available. The last point is that there were many, many points made by the Department of Fish and Game on this project back on when they commented back in 1995. They commented both on the draft EIR as well as the Final G:\WPDOCS\PC4-10-01 .wpd 10 Planning Commission Minutes April 10, 2001 EIR and found there was significant flaws in those documents and those documents did not respond adequately to those comments. That is another reason they would ask that this be revisited today Regarding the Corp jurisdiction issue, there has been no new regulations in response to the Supreme Court decision. The Salton Sea is a navigable body of water. This is a tributary to the Salton Sea Clean Water Act which places Corp jurisdiction over all waters of the U.S. which are navigable and tributaries to navigable waters in the U.S. is his understanding. The Corp jurisdiction really has nothing to do with CEQA responsibility here to go back and do a subsequent Environmental Impact Report because they are completely separate processes. Corp jurisdiction falls under the Clean Water Act and this is a CEQA issue that is being considered now. There was also the assertion made that mitigation addresses all the new information that has come up since 1995. Unfortunately, as indicated by Fish and Game and in their comment letter, there has never been any release of the specifics of that mitigation. There is going to be what is called a "Habitat Management Plan", but Fish and Game pointed out in their comment letters, and he reiterates that tonight, that that plan was never presented for public review and comment and without that they do not know if that plan is going to be adequate to mitigate impacts to the sheep and that is probably one of the most important reasons for revisiting this. Ultimately, this project can proceed but it is going to be how the impacts of this project are mitigated, especially those edge -effects and the way light, increased human presents, as well as whether or not there is going to be any compensation for the direct loss of habitat. 25. Commissioner Tyler stated there was an article in the local newspaper stating how happy everyone was that the Big Horn Sheep were alive and well and thriving and had more Iambs this season than ever before: How does that equate to the picture he is painting here. Mr. Hogan stated he has not seen the article, but there certainly are not more Iambs than there ever were before. The sheep have undergone a precipitous decline since 1973 when it was originally listed under Fish and Game Code. There has been fluctuation in population numbers, but the overall trend has been downward. In the early 1990's was when there was the most significant decline and that was when the Martinez Canyon ewe group, which is found basically south of Highway 74 in the southern Santa Rosa Mountains took the biggest hit and that population has not recovered and this is based on a conversation G:\W PDOCS\PC4-10-01 . wpd ti � 11 Planning Commission Minutes April 10, 2001 he had today with Jim DeForge at the Big Horn Institute. Commissioner Tyler asked if his organization was publicly funded or private. Mr. Hogan stated they were a nonprofit private conservation organization endangered species advocacy habitat protection. It is membership funded as well as from foundations. 26. Commissioner Kirk asked if any further information had been received from Fish and Game relating to the Addendum. Ms. Jacobs stated yes, they reviewed and concurred with the Addendum and had comment and that was the mitigation measure concerning the lake and streambed alteration permit. Commissioner Kirk stated Mr. Hogan indicated that going back to the 1995 letter which did express some concerns regarding the commitment or lack thereof of mitigation measures, have they repeated those concerns. Ms. Jacobs stated not during the course of this Addendum EIR. Any of the original concerns dealt with the Travertine property and how close it was to the Martinez Rock Slide south of it. The Habitat Management Plan is still a requirement for the project, but has not been prepared yet and any and all information that is available for the consultant who eventually prepares it will be made available. Keep in mind it is the applicant of the project who is responsible for that preparation. The City is not required to prepare it. Commissioner Kirk asked if there was any requirement for Fish and Game or other agency oversite to the substance of the Habitat Management Plan. Planning Manager Christine di lorio stated Fish and Game has to approve the Habitat Management Plan. Commissioner Kirk asked if that was for both specific Plans. Staff stated yes and there is an outline as to what is to be contained within the Management Plan and that outline came from Fish and Game. Commissioner Kirk stated that presumably if the Department of Fish and Game had any concerns about the details or lack thereof, of mitigation measures, they could address them through the Habitat Management Plan and/or streambed alteration permit process. Staff stated yes and this Habitat Management Plan has to be approved by Fish and Game prior to issuance of a grading permit. Mr. Hogan stated this is a subject of significant confusion because Fish and Game when they do the streambed alternation permit also has to also do the CEQA analysis. He is very confused about the process and has a feeling that they are more dropping the ball than agreeing actually to what is going on given their lack of staffing. His concern is that they will come in two months from now and 11 G:\WPDOCS\PC4-10-01.wpd >2 - U83 Planning Commission Minutes April 10, 2001 say wait, wait, wait, we have these concerns and we have to do a CEQA analysis and it is their problem, but that is something that there would be no streambed alteration permit until CEQA was completed. 27. Commissioner Kirk asked if the Commission could ask the two parties to address the negotiations. 28. Chairman Robbins stated he heard two opposing positions on what had taken place in regard to negotiations and he did not know whether or not it would be beneficial to hear from the two parties. 29. Commissioner Kirk stated it is very confusing because one side says specific proposals have been put on the table and the other side stated no, perhaps they haven't. Perhaps he is confused by the facts in this case. Mr. Bill Morrow stated he has made proposals specifically in writing to Mr. Green on more than one occasion and have never ever once had any response in writing or verbally with a proposal back from him at any time. Mr. Mainiero stated he saw one proposal early on in the process. Independently he was asked by Mr. Green to prepare a cost estimate for what he believed to be the improvements related to access to the ten lots in the northwest corner and he did that. What he recalls is that Mr. Green offered three times what he calculated and that still was not acceptable. The proposal he saw from the Quarry had items that did not relate to access and no agreement was ever reached. In his opinion, as an engineer, the City should never have approved the final map without that compensation being resolved. Approving it and leaving it to the parties to resolve brings us here today. 30. Mr. Jack Becker, stated he was one of the owners of the Green property, and the thing that has motivated him most to speak was the commentary by the party representing fish and game. As he understands Fish and Game is a State entity, is that correct? Chairman Robbins clarified that Mr. Hogan did not represent Fish and Game. Mr. Becker asked if Fish and Wildlife was a Federal agency. Chairman Robbins stated that was correct. Mr. Becker stated he has owned the land for 20 years and envisioned what the Quarry eventually did only they did a fantastic thing out of a gravel pit. He envisioned a beautiful cove that he owns, a nice beautiful golf course with very low density which has happened o84 G:\WPDOCS\PC4-10-Ot .wpd 13 � � .7 Planning Commission Minutes April 10, 2001 literally everywhere. At that time there was only 100 flat acres and they basically had a couple hundred acres of Santa Rosa Mountains and has often wished the Quarry would buy that one little twelve acre section and forget these problems. Years ago he was trying to work out something to trade the Santa Rosa portion of their half section, approximately 200 acres of Santa Rosa Mountains, for some of the flat area that is contiguous to his land that belongs to the Bureau of Land Management (BLM). Section 32 is south of his property and there is a triangular section that is 70-75 acres. In the process he got a hold of Fish and Game, Mr. John Sorrow, who was in charge of accessing property for Fish and Game. He had several meetings with him and they walked his property. He was concerned about the Big Horn Sheep and all the other biological aspects involved in a big piece of property. He asked Mr. Sorrow if they could make a trade for the Santa Rosa Mountains for the flat area. Mr. Sorrow stated the land belongs to BLM and he would see what he could. He has the documents to back up these conversations. Mr. John Sorrow sent him a document stating that the actual property in Section 29 did not in any way affect the Big Horn Sheep and therefore they are not interested in acquiring the property. They were in favor of trading those mountains and keeping them as they are, for that land. He then contacted Ed Hasty at BLM in California, and Mr. Hasty called him and at that time Section 32 was part of a Wilderness Proposal and anything in that status with the Federal government can have nothing done to it. Even though it would have been a beautiful arrangement to trade off those mountains and let the BLM have them and let us have the 75 acres, we would of had enough land to have all the flat with the aesthetics of the mountains. It was a great thought, but because of the status of Section 32 it fell by the wayside. The point he is trying to make is that Fish and Game said this part of the Santa Rosa Mountains have no affect on the Big Horn Sheep. He did not hear all the dialog given by Mr. Hogan, but If he is trying to deny this request on the basis of Big Horn Sheep, he is trying to create a situation that has already been resolved by virtue of his former meeting with Fish and Game. He sat with the founders of the Quarry in make shift Council meetings before they ever built the Quarry. He loves the Quarry, but they did have an agreement. If they vacated Avenue 58 and Adams Street to public streets and give them access to their 12 acres, that was part of the agreement. He has been through the Quarry gate a lot of times and there has been times when they have u85 G:\WPDOCS\PC4-10-Ot.wpd 14 11° Planning Commission Minutes April 10, 2001 denied him access even though the rule is they cannot deny him access. He does not want to get into that type of hassle. What bothers him is that the same person who built the Quarry did the specific plan on their property. If they can't come up with the exact figures there is something wrong somewhere. What is wrong with allowing them to build their road. 31. There being no further public participation, Chairman Robbins closed the public participation portion of the hearing and opened the subject to Commission discussion. 32. Commissioner Kirk stated Mr. Hogan has made some good points. Staff and the consultant have done a good job on the Addendum, but there have been some new issues that have cropped up. The other consideration he has is the comment that was made that suggested if the Commission did approve this perhaps negotiations would speed along between the two parties. Frankly, that wasn't a factor that he considered and maybe ought not to consider, it is interesting that if they were to approve a freeway to get to that site, maybe negotiations would immediately come to pass. He does have concerns about development over the toe of the slope and in particular over a ridge line, so the concerns raised several years ago by the Department of Fish and Game and more recently raised by Mr. Hogan do resinate with him. He would be interested in hearing how the rest of the Commission feels about these issues at the same time. 33. Commissioner Butler stated this is an issue bigger than approving an access to ten lots. If the Commission concentrates on access to ten lots and the toe of the slope issue, as brought up by Commissioner Kirk, he believes they have mitigated to some extent the issue about access to the ten lots in the path they have chosen to access those ten lots. The overall picture is that if they are approving the access to the ten lots, is it a negotiating tool to sell the ten lots to the Quarry. He is uncomfortable with the whole situation. It is not just saying yes on the basis of what we are presented by staff, this is what we should make our decision on. He gets conflicting messages that the owners of the Quarry are willing to allow access to the ten lots and if this were true, then this road would not have to go forward. He is confused. 34. Commissioner Tyler asked if the whole crux of this hearing has to do with the road that requires the Conditional Use Permit approval. If the CUP were denies the rest of it would be moot. Assistant G:\W PDOCS\PC4-10-Ot .wpd is 11" U86 Planning Commission Minutes April 10, 2001 City Attorney John Ramirez stated that was right, it is an extension of a package of entitlements before the Commission. The CUP is a necessary component of the road. To the extent there is a scenario that envisions the lessening a lessening of the grade perhaps that would ameliorate the need for a CUP, but as proposed, a CUP is required. Commissioner Tyler asked if the CUP was not approved the other resolutions would not be necessary. Assistant City Attorney Ramirez stated that if the CUP were not approved, the project would not go forward. The other approvals to some extent, are intertwined, but to another extent they stand on their own merit. Does the Commission want him to address the comments made by Mr. Hogan on the EIR? 35. Chairman Robbins asked legal counsel to address the comments made by Mr. Hogan. Assistant City Attorney John Ramirez stated there were three comments. One may be relevant or irrelevant, but as a quick background, the Center for Biological Diversity filed a lawsuit against BLM some time ago seeking to close a number of public access trails including the Boo Hoff Trail at the north end of the Cove. The lawsuit was slated to be settled by stipulation by the former U.S. Attorney's office and the Center just days prior to the prior presidential administration leaving office. A number of affected entities in the Valley were informed of this at the 111h hour by the local office of the BLM and filed a brief in opposition to that stipulated settlement. Certainly the City encourages and does in fact encourage broad public participation of a wide variety of individuals and groups including the Center for Biological Diversity. Given the lack of participation by the Center with respect to other City projects for years prior, he raised the issue as to whether or not there is some nexus with the City's brief filed in that case which was merely five or six weeks ago and their participation here. That aside and dealing with the legal issues in the letter there are really two issues. The first is the original EIR adopted in 1995 for Specific Plan. That EIR studied thoroughly the impact to the Peninsular Big Horn Sheep and although there is documentation throughout the EIR, Pages 3.8-5 to 3.8-10, he thinks are particularly relevant including the finding as expressed in the EIR that potentially impacts to Big Horn Sheep are considered significant. This was included in the 1995 EIR. That EIR, as the Commission knows, was adopted on the basis of overriding considerations specifically dealing with the significant impact to the Peninsular Big Horn Sheep. To the extent the letter is trying to raise an issue as to the adequacy of the study, that is time barred by Public Resources Code Section 21 167.2. Certainly the Public Resources Code and the Guidelines make quite clear U 8 i A, 16 c �� Planning Commission Minutes April 10, 2001 that one is not able to reopen previously approved EIR's when those EIRs considered the issue we have here which is the impact to Peninsular Big Horn Sheep. With respect to the allegations in the letter that there are changed circumstances, the City Attorney's office has reviewed along with staff and consultants and they believe there are no changed circumstances. The impact, as stated earlier, was studies in the 1995 EIR. A couple cases are relevant here, Sierra Club vs. Gilroy City Council, 1990 Court of Appeals decision 222 Cal.App.3d30 was a case involving the allegation that a discovery of an endangered species on a project site years after an EIR was adopted required a new EIR as opposed to an Addendum, and the Court rejected the Addendum on the basis that the previously approved EIR fully studied the significant impact to endangered species. A second case, Chaparral Greens vs. City of Chula Vista, 1996, 50 Cal.App.4th 1134, again the allegation that new information exists does not reopen the EIR when the previously adopted EIR studied the impacts to species or habitat. Significantly, the consultant recognized the trustee agency, California Fish and Game has been working with the City on the mitigation measures. This is the agency that is statutorily obligated and charged with the enforcing the endangered species act. They have worked with the City and provided their thoughts on the Addendum and as the consultant stated earlier, the only issue they raised was with respect to the Streambed Alteration Permit requirement. The allegation that the 1995 letter and the issues contained therein were not resolved is simply wrong. In the comments received in the Response to Comments prepared in conjunction with 1995 EIR, there is ample documentation with respect the comments raised by the Fish and Game and responded to by the lead agency in the EIR. And finally, he might add, in reference to the allegation of impact and where we are with respect to the status of Big Horn Sheep, Jim DeForge's name was referenced with respect to the latest study, the latest newspaper article Commissioner Tyler referred to which is April 9, 2001, the heading is "Valley's Big Horn population is thriving". Jim DeForge is quoted, "the numbers are up in both ranges. So to the extent that there is an allegation of decline, this is not supported by this study, nor is it supported in the Recovery Plan adopted by U.S. Fish and Wildlife Service. So based on our review we think the Addendum is both adequate and appropriate. 36. Commissioner Tyler stated that if there was a written signed agreement between the two developers stating they have been unable to settle the issue, and the road is the only alternative, he would feel a lot different about it. We have double talk and dialog, U 8 17 Planning Commission Minutes April 10, 2001 but no hard facts have been presented. He shares Commissioner Kirk's concern about approving a road that goes over the toe of slope and ridgeline. There is nothing in the CUP as written that even limits it to a specific plan to show exactly where the road will go. Right now he cannot endorse the CUP. 37. Commissioner Butler stated he would agree with most of what Commissioner Tyler stated, but by the same token the Commission is being put into a position where they are denying access to a property owner which we have approved for the purpose of development. It is getting to a grey area whether they access it through Quarry or they access it through their own property. He is uncertain whether in fact we accept the toe of slope and access route they have chose, but he does not know if the Commission can stop them from accessing their own property. He does not disagree with the points made, but with all other issues aside, the Commission does have to deal with the fact that this gentleman has the right to get to his ten lots. From that standpoint the Commission has to consider it and not just say no that CUP will not allow it. Once we say no, we have isolated his ten lots and if he does not settle with the Quarry, we are creating a problem. 38. Commissioner Tyler stated the Commission has considered it on various occasions in the past and the City Council has considered it. It is not a new issue. It has been around for many years. 39, Commissioner Kirk stated this issue does arise if we do have to allow some sort of development if that is the only development allowed. However, it is his understanding that because the Green Specific Plan includes lots of other developable area, this would not be considered a taking, at least not under the current interpretation of the law, because there is other land that can be developed. Assistant City Attorney John Ramirez stated yes, and we said we have vision access to prior processes which makes it a little different. He would generally agree. Commissioner Kirk stated he is concerned about the process at this meeting. The Commission has heard him address issues of signage, for example, chain stores versus the small businesses, and we have something similar here and it just came up in terms of the process. When staff receives correspondence it is generally included in the agenda packet and if those letters address issues they generally address those in the staff report. The Commission received a letter, at the last minutes, from the Center for Biological Diversity and it is an organization he is somewhat familiar with and for the most part, U 8 9 18 Planning Commission Minutes April 10, 2001 generally do not agree with their tactics or substance of their issues; personally or politically. At the same time he is really concerned about the process. Mr. Hogan asked if he could rebut the likely comments made by our City Attorney. We held off on the City Attorney comments until after the public participation portion of the hearing and to him that is wrong. He finds that disagreeable, unfair, and if City staff did that on every letter that came in they would have a lot of unhappy residents and justifiably so. The Assistant City Attorney did a fine job of rebutting the issues and was very articulate and he had a very well prepared rebuttal to Mr. Hogan's points and that should have been made in the staff report to give Mr. Hogan a chance to address those issues. Therefore, he has a real concern about this and he hopes this does not happen in the future. He finds it certainly inappropriate at the best. 40. Commissioner Abels stated there was no time for this to have been included in the staff report. 41. Commissioner Kirk stated he agreed but yet the City Attorney had time to prepare a well planned verbal response that should have been included in the staff report to give to those in the public a chance to rebut or address those issues. Assistant City Attorney John Ramirez stated they could reopen the public participation of the hearing if the Commission wanted to provide for nominal rebuttal time. Commissioner Kirk stated he has significant concerns. He does not think that is fair. I do not think the Commission should do that to people who go out of their way to come to the public hearing and don't have a chance to address the issue. He would leave it up to the Chair as to whether he would reopen the public hearing. 42. Chairman Robbins stated everyone has been focusing on the EIR portion and no one has made any comment on the Specific Plan or whether any of the addendum or changes to the Specific Plan are appropriate and he would like to say that we also need to look at the Specific Plan changes and one of the changes he has found significant is that it does not address landscape guidelines or any other issues. If they get the point of approving this project, he would like to add some conditions that they develop landscape guidelines that conform with the City's landscape ordinance. He has a questioned as to whether approving the Addendum opens the 30-day review process for the entire EIR to challenge. Assistant City Attorney John Ramirez stated he does not know the statue as to challenging the Addendum. It perhaps is 30 days, but U 9 0 r .\wpnocs\Pc4-10-01 .wod 19 Planning Commission Minutes April 10, 2001 certainly it does not open up a challenge to the previously adopted EIR. Chairman Robbins stated his concern was that by approving the road be reopening the EIR for challenge. Assistant City Attorney John Ramirez stated pursuant to Public Resources Code Section 21167.2 and others perhaps, it is quite clear that the previously EIR is time barred from subsequent challenges. Chairman Robbins clarified that only the relevant issues to the Addendum could be challenged. Assistant City Attorney John Ramirez stated the question is that pursuant to CEQA Guidelines is the Addendum a permissible way to go under CEQA. Chairman Robbins stated it has been intimated by one side or the other that the Quarry is not cooperating with this whole process and there is a whole issue with the Quarry with public right of way going through their golf course and several of their lots. Is it at the discretion of the Commission that if a future request came through for the Quarry for a approval of something, that the Commission could deny any future approvals on the Quarry until matters of right of way, vacation, and access were resolved. Assistant City Attorney John Ramirez stated he was hesitate to answer this in the absence of a specific project or scenario. Certainly, he would recommend that the Commission look at this project in isolation. Obviously, there is background that is relevant, but he is uncomfortable answering as to what future options there are to condition the Quarry. As he understands the previous condition, it is something akin to agreeing to agree and obviously by all accounts, has not happened yet. Chairman Robbins stated Mr. Hogan made some comments relative to what essential habitat is and he would like to comment that to his understanding, essential habitat has absolutely no legal standing under the law and it was a term developed specifically and exclusively for use in the Big Horn Sheep. The law has critical habitat which has since been established which has a different boundary than the essential habitat and the essential habitat was something made up for the purposes of the Big Horn Sheep Recovery Plan. He also has had the opportunity to discuss Big Horn Sheep issues with Fish and Wildlife personnel and have discussed Big Horn Sheep close to this property and in all his discussions, the Green property was not of concern with Fish and Wildlife while the Travertine was of grave concern to Fish and Wildlife. The last issue he would like to raise is that he would like to apologize to Commissioner Kirk and the other Commissioners, after listening he agrees with Commissioner Kirk and should have conducted the meeting differently and that would have been the proper way to do it. G:\WPDOCS\PC4-10-01 .wpd 20 Planning Commission Minutes April 10, 2001 43, Commissioner Kirk stated he had a creative or foolish suggestion. As pointed out, the Commission is in a difficult position. He would therefore, suggested continuing this and ask the parties to work together on the access issue with a neutral third party present. He would then like to see them come back with an arbitrator or City Attorney's third party assessment and perhaps with some support from the City Engineer on the value of the access and appropriate maintenance cost and the like. That could influence their decision in the future. If they do not do this at this stage, he agrees with Commission Tyler that he would not be comfortable with the application. There are too many questions that have been raised and he would vote against it at this stage. 44. Commissioner Abels concurred and he would like to make a motion that this be continued to another date that would be agreeable with the two parties concerned so they can resolve this issue. 45. Chairman Robbins asked the Assistant City Attorney if the Commission could make such a motion. Assistant City Attorney John Ramirez stated they can vote to continue the hearing and provide guidance as to what the Commission wants brought back. 46. Commissioner Tyler stated he seconded the motion 47. Commissioner Butler asked if they decided to vote at this meeting, it was obvious that they would unanimously deny this effort, and if it moved on to the City Council for their decision, are they pushing the applicant to meet and mediate with their neighbor? By going this way they are opening the time frame to allow them to resolve the issue. 48. Commissioner Kirk stated he would like to ask the applicant and he is not sure it is a unanimous disapproval and he is not sure if they came back, based on a neutral parties assessment, how he or others would vote. He asked the two parties for their opinion. Mr. Bob Mainiero asked the Commission wanted it back or would they prefer to go forward. Discussion followed regarding the options. Chairman Robbins recessed the meeting at 8:55 p.m. and reconvened at 9:04 p.m. 49. Chairman Robbins asked Mr. Mr. Mainiero stated that in cooperation they are willing G:\WPDOCS\PC4-10-01.wpd 21 Mainiero what they would prefer. the interest of good faith and to try negotiations. Mr. Morrow F U 9 Planning Commission Minutes April 10, 2001 stated he made a proposal to Mr. Green just last week which was not responded. He would be glad to meet with Mr. Green at any time with a 24-hour notice. He has no interest in meeting with an engineer or attorney. He would like to meet with the principal, the person who can make the decision. If he would like to do that he would be more than pleased to do that. If the Commission would like a referee in the room to not necessarily negotiate, but to hear both sides and make suggestions, that would be fine. He is available at any time as he has been for the last seven years. 50. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to continue this item to May 8, 2001. Unanimously approved. D. Zoning Code Amendment 2000-068; a request of the City for an Amendment to Section 13.20.115 - Amending Maps, of the Municipal Code to allow approval of final maps by the Community Development Director. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked what initiated this. Staff stated map changes were requested to be made by the applicant under a lot line adjustment. This does not allow for a public hearing. Senior Engineer Steve Speer explained that an amending map is done when there is a map recorded and you want to change the configuration. There are two levels of amending maps. If there is something technically wrong, it is doe at the staff level. If there is a reconfiguring of the lots it has to go to a public hearing and in the amending map process you can only focus on the issues of what is being done to the map. You can no longer condition the map. If you do not like what they are doing you can deny the map and in that case the applicant could go back through the tentative tract map processing process and then conditions could be added. Because it is limited only to the changes that are being made to the map, and we do want some type of public hearing process, 22 u 9 3 G:\WPDOCS\PC4-10-01 .wpd �_ � Attachment 2 e94 Attachment 3 Nb'"ld �I�I��dB N��kiO ��• "'"''"' •"• oxuuw wn i �..�mxTAD Sn��l JNI 'SSJYIJOSSY ONY E }!'4!'4X:q 0 Op0 0 0 W 0 FNF- 000 JJJ ZZZ LLU.L NU)N O Q 0 I- CD060 p f �ZZ� D�� N��N J Attachment 4Wo z Nli =Z 'k "=� < ( _ , ,[1'GL[2 i� M fl O6lO at fill .1i Allt • R 9 R` Jury � R '' 4 <g a Center for Biological Diversity Attachment 5 VIA FACSIMILE AND HAND DELIVERY April 10, 2001 City of La Quinta Planning Commission c/o Christine Di Iorio, Acting Community Development Director City of La Quinta P.O. Box 1504 La Quinta CA 92253 Re: Environmental Impact Report (94-287) Addendum for "The Green" Honorable Commissioners and Ms. Di Iorio: Thank you for this opportunity to provide comments on the Addendum to Environmental Impact Report (94-287) for "The Green" development project in the City of La Quinta. The purpose of this letter is to request that the Planning Commission deny certification of the addendum, and to require submission of a subsequent EIR addressing new information and changed circumstances regarding the Peninsular bighorn sheep prior to reconsideration. New information and changed circumstances reveal that the project will significantly harm the endangered Peninsular bighorn sheep to an extent not known or considered during the course of previous California Environmental Quality Act analysis. I. The project applicant must prepare a subsequent EIR due to substantially changed circumstances and availability of new information Section 21166 of the Public Resources Code sets forth three circumstances which trigger the need for preparation of a subsequent environmental impact report: (1) substantial changes are proposed in the project which will require major revisions of the environmental impact report; Tucson • Phoenix • San Diego • silver City • Berkeley • Portland • Shaw Island Soudhem California Office • PO Box 628 • Sag YsaK CA - W70 T: (160) 7829244 • F: (I60) 782M301 J. I I U 9 ww b dopjcaldive WIMR Request for subsequent EIR for "The Green" project April 10, 2001 Page 2 (2) substantial changes occur with respect to the circumstances under which a project is being undertaken which will require major revisions in the environmental impact report; and (3) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. In this instance, the last two triggering conditions apply, and a subsequent environmental impact report must be prepared before approval of The Green project. The EIR Addendum now under consideration by the Planning Commission wholly fails to address changed circumstances and new information regarding impacts to bighorn which will result from The Green project. According to CEQA Guidelines' section 15164(a): "The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." See CEQA Guidelines Section 15164(a), emphasis added. Here it is clear that The Green project will trigger the second two conditions described in Public Resources Code § 21166, thereby requiring preparation of a subsequent EIR. 14 Cal. Code Regs. § 15162.2 Several substantial changes have occurred with regard to circumstances surrounding The Green project. New information is also available regarding the effects of the project on Peninsular bighorn sheep. First, the Martinez Canyon bighorn ewe group population has declined significantly since The Green project EIR was approved in 1995. This ewe group lives in and around The Green project site. Bighorn in the Santa Rosa Mountains east of Highway 74 declined by roughly 42% between 1996 and 1998, from 83 down to 48 sheep.; These declines correspond with an overall population decline throughout the U.S. which triggered the federal listing of the Peninsular bighorn sheep as an endangered species on March 18, 1998. This listing occurred after The Green EIR was approved in 1995. Since federal listing, a recovery team was established and has prepared a recovery plan for the Peninsular bighorn. One of the first tasks accomplished by the recovery team was identification of all Peninsular bighorn habitat considered by recovery team experts to be essential for the ' CEQA guidelines are found in California Code of Regulations, Title 14, § 15000 et seq. '- A supplemental EIR is appropriate when only minor changes or additions are necessary to make the original EIR adequate. See 14 Cal. Code Regs. § 15163(a). 3 U.S. Fish and Wildlife Service. 2000. Recovery plan for bighorn sheep in the Peninsular Ranges, California. Request for subsequent EIR for "The Green" proiect April 10, 2001 Page 3 conservation O.e. survival and recovery) of the species. This essential habitat is identified in the final recovery plan and includes all part of The Green project. Recovery plan at page 74. A major comprehensive study on the effects of urbanization on Peninsular bighom sheep has also been completed since approval of The Green EIR.4 Prior to completion of this study, urban effects on the Peninsular bighom sheep were less certain. However, the 1998 study provided quantifiable data of adverse impacts that can be expected from urban projects such as The Green. The study focused on the harmful effects of urbanization on a ewe group in the northern Santa Rosa Mountains. The study found that between 1991 through 1996, 11 bighom mortalities were directly caused by urbanization (5 struck by automobiles, 5 ingested toxic exotic plants, and 1 was strangled in a fence). Seven additional bighorn were documented in a compromised condition as a result of interactions with urbanization (4 struck by automobiles, 3 with heavy parasite infections). This study provides substantial new information regarding the likely negative effects of The Green project that was unavailable during prior environmental review. This information must be considered fully in a subsequent or supplemental EIR. All of this information — decline of the Martinez Canyon ewe group, decline in Peninsular bighorn sheep numbers throughout the species' range, federal listing as an endangered species, identification of "essential" Peninsular bighorn habitat on The Green project site and the effects of urbanization study — are clearly changed circumstances and new information that require substantial revisions to the previous EIR. These substantial revisions clearly cannot be addressed in an EIR Addendum. For thee reasons, a subsequent EIR must be prepared. II Federal listing of the Peninsular bighorn as endangered triggered a mandatory finding of significance requirement not present dung the previous CEQA review Section 15065 ofthe CEQA Guidelines, entitled Mandatory Findings of Significance, provides in pertinent part that: "A lead agency shall find that a project may have a significant effect on the environment and thereby require an EIR to be prepared for the project where any one of the following conditions occur: DeForge, J.R. and S.D. Osterman. 1998. The effects of urbanization on a population of desert bighom sheep. A summary of the results of this study is attached, and the study hereby incorporated by reference. U 9 9 Y Request for subsequent EIR for "The Green" project April 10, 2001 Page 4 (a) The project has the potential to ... reduce the number or restrict the range of an endangered, rare or threatened species ...." The plain, unqualified language of Section 15065 requires that any restriction of the range of an "endangered" species rises to the level of significant impact. Unlike several other impacts listed in Section 15065(a) which do not involve endangered species, impacts that have the potential to reduce the range of an endangered species are considered significant without a showing of "substantial" restriction of range or complete "elimination" of the species. In this instance, The Green project is poised to further reduce and restrict the range of the endangered Peninsular bighorn sheep by destroying approximately 94 acres of essential bighorn habitat and indirectly affecting a much greater area through noise, lighting and other impacts associated with a greatly increased human presence. This further reduction of the endangered bighorn's range triggers Section 15065's mandatory requirement for a finding of significance. This in turn renders totally inadequate The Green EIR Addendum. The mandatory finding of significance is a new circumstance that was not in existence during the previous review because the Peninsular bighorn was not yet a federally listed endangered species.' The mandatory finding of significance sets into play a completely new level of environmental review that must be conducted before a proposed project can be considered for approval. This includes an analysis of the project in light of the acknowledged significant impact to determine whether there are feasible alternatives or mitigation measures to avoid or reduce the impact to a level of insignificance. This analysis can only be accomplished through preparation of a subsequent EIR which is subjected to review and comment by the public and scientific community and adoption of findings appropriate for projects with significant impacts. Further, although Section 15065 refers to findings requiring preparation of an EM it applies equally to the analysis done when considering whether a subsequent E1R is required. This is made clear in the discussion section following the Guideline which reads, in pertinent part: ' The Peninsular bighorn sheep was listed as a state threatened species; however, during the time periods in which the previous environmental review for The Green project was conducted, the section's mandatory requirements did not apply to restriction of a threatened species' range. Section 15065(a) was not amended until December 1998 to include restricting the range of a "threatened" species as a triggering event. `- 133 100 Request for subsequent EIR for "The Green" project April 10, 2001 Page 5 "This section provides additional explanation of the mandatory findings of significance required by the Legislature in [Public Resources Code] section 21083. These mandatory findings control not only the decision of whether to prepare an EIR but also the identification of effects to be analyzed in depth in the EM the requirement to make detailed findings on the feasibility of alternatives or mitigation measures to reduce or avoid the significant effects and when found to be feasible, the making of changes in the project to lessen the adverse environmental impacts. This section is necessary to insure that public agencies follow the concerns of the Legislature in determining that certain effects shall be found significant and then take the actions at the different stages of the process that are required with significant effects." (emphasis added.) Facts similar to those presented in this instance were considered in Mira Monte Homeowners' Association v County of Ventura (1985) 165 Cal.App.3d 357, 212 Cal.Rptr. 127, which addressed the applicability of the mandatory findings of significance to a project for which an EIR had already been prepared. The issue was a change in circumstance that revealed further intrusion into wetlands occupied by rare plant species. Id. at 364. Addressing the significance of this new information, the Court found the following: Significant effect on the environment means a substantial, or potentially substantial, adverse change in the environment (§ 21068). The CEQA Guidelines require a mandatory finding of significance where, inter alia, the project "... has the potential to ... threaten to eliminate a plant or animal community, [or] reduce the number or restrict the range of a rare or endangered plant ..." (Guidelines § 15065). Id. at 363. Although the County of Ventura had adopted a series of mitigation measures it claimed would reduce the new impact to a level of insignificance, the Court of Appeal was unpersuaded and found that the new significant impact triggered the need for a subsequent or supplemental EIR. Once the facts establish that the range of an endangered species was reduced, the duty to find significance was no longer discretionary, and opinions by experts that the impact is not significant were irrelevant to the legal question. Id. at 364 fn.10. See also Los Angeles Unified School District v City of Los Angeles (1997) 58 Cal.AppAth 1019, 1024, fn. 6. Mira Monte makes clear that the mandatory findings of significance apply to all stages of the EIR preparation and consideration, including post- EIR stages where new information is discovered. Request for subsequent EIR for "The Green" proiect April 10, 2001 Page 6 III. A subsequent EIR is required for The Green proiect because several California Department of Fish and Game concerns have never been addressed The California Department of Fish and Game sent two letters to the City of La Quinta regarding The Green draft EIR.' These letters presented significant concerns regarding the failure of the EIR to address project impacts to the bighorn. The City and project applicant have never adequately responded, and these concerns must now be addressed in an subsequent EIR. Major concerns expressed by Fish and Game include, among others, • The Green EIR does not adequately consider the importance of the project site as occupied bighorn habitat; The Green FIR does not mitigate for significant project impacts to bighorn occupying the project site and adjacent Bureau of Land Management and California Department of Fish and Game lands, CEQA Guidelines do not recognize plans as mitigation. The proposed Habitat Management Plan must be prepared as part of a draft subsequent EIR and distributed with that document for public review, The FIR does not adequately address direct, indirect and cumulative effects of The Green project on the bighorn; Mitigation measures in the EIR fail to include compensation for bighorn sheep habitat losses; • The project applicant must obtain take authorization from the Department of Fish and Game for the bighorn, c February 28, 1995 letter from Patricia Wolfe, California Department of Fish and Game to Jerry Herman, City of La Quinta regarding Draft Environmental Impact Report for Travertine and Green Specific Plan SCH 94112047, Riverside County. This letter is available in La Quinta files and is hereby incorporated by reference. Also, May 1, 1995 letter from Patricia Wolf to Jerry Herman regarding Final Environmental Impact Report for Travertine and Green Specific Plan SCH 94112047, Riverside County. This letter is apparently not contained in the City's files according to communications with planner Greg Trousdell. This letter is attached and hereby incorporated by reference. 13 5� 102 Request for subsequent EIR for "The Green" oroiect April 10, 2001 Page 7 The-EIR provides no supporting rationale for its conclusion that impacts to bighorn can or will be reduced to a level of insignificance. Thank you for your consideration of these comments. I will be available at the Planning Commission meeting this evening, or please contact me at 760 782-9244 if you have any questions regarding these comments. Sincerely, David Hogan cc: Curt Taucher, Regional Manager, California Department of Fish and Game 13103 Effects of urbanization on desert bighorn. James R. DeForge and Stacey D. Ostermann. DEFORGE, JAMES R., and STACEY D. OSTERMANN. Effects of urbanization on a population of desert bighorn sheep. Bighorn Institute, P. O. Box 262, Palm Desert, CA 92261 Peninsular desert bighorn sheep (Ovis canadensis cremnobates) in the United States declined >70% in the past two decades, to approximately 280 adults in 1996. Peninsular bighorn are listed as threatened by the State of California and endangered by the U.S. Fish and Wildlife Service. In the northern Santa Rosa Mountains (NSRM) of California, Peninsular bighorn often use urban residential areas constructed within bighorn habitat. We studied cause -specific mortality of radio -collared bighorn in the NSRM between 1991-1996 and documented 11 mortalities directly caused by urbanization (5 automobile collisions, 5 exotic plant poisonings, and 1 fence strangulation). Urbanization accounted for 34% (11/32) of the adult bighorn mortalities; remaining mortalities were attributed to predation (28%), disease (3%), and unknown causes (34%). Indirect effects of urbanization on bighorn included 4 injured from automobile collisions and 3 with clinical signs of parasite infection. Strongyle parasites are rare in desert ecosystems, but Strongyle ova or larvae were found in 86% (25/28) of the bighorn tested. Altered habitat use and behavior of bighorn sheep using urban areas appeared to contribute to the chronic low lamb recruitment recorded for this population. We recommend constructing a fence along the urban -mountain interface to exclude bighorn sheep from urban areas in the NSRM. TWS98 137 37 104 (15%�A/15 THU Ot 52 FAA RJ001 rr STATE Oe CALIFORNLA—THE RESOURCES AGENCY YETE WASON, G•WMer DEPARTMENT OF FISH AND GAME 330 GOEOEN SHORE, SLITS 30 LONG SEACK CA 90801 0 (310) 590.5113 . May 1, 1935 Mr. Jerry Herman City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Dear Mr. Herman: Final Environmental Impact Report Travertine and Green Specific Plan SCH 94112047, Riverside County The Department of Fish and Came (Department) has reviewed the above - referenced document relative to its affects or biological resources. The Department believes that the FEIR has failed :o respond to the issues we have raised. Many of the comments within the FEIR are conclusionary relying on unsubstantiated opinion, or are non -responsive in nature. The FEIR operates on the assumption that future plans can successfull�' mitigate project related impacts. The FEIR also erroneously assumes that impacts to Peninsular bighorn sheep (Ovis canadensis cremnobates), a state -listed threatened species, have been mitigated to a level of less than significant. It is the Department's determination that proposed mitigation measures are inadequate and will need modification. Responses to our comments In the FEIR imply that project related impacts to Peninsular bighorn sheep were mitigated in an Environmental Assessment (EA) prepared by the Bureau of Land Management (ELM) for a land exchange. The FEIR states that "The EA conclusions were utilized extensively in preparation of the Travertine and Green Specific Plan Draft EIR." Neither the EA nor its accompanying biological report were provided in the DEIR, technical appendices, FEIR or anywhere else in the administrative record. Department staff have acquired these documents and our review has revealed inconsistencies with the FEIR's interpretation of the EA and erroneous assumptions related to bighorn sheep management.. The EA prepared by ELM is riot a surrogate for the California Environmental Quality Act (CEQA) process. Furthermore, there is no formal recognition in the EA that the land exchange was mitigation for development. To the contrary, in the EA Mitigation Measures section on Page 18, it states; ".., developments must develop in accordance with an approved Specific plan after the approval of an EIR. Impacts to the biological resources present on the selected public land would be addressed in this FIR. " 1.3S Yv5 05/28!1S THU 05:56 FAY rdooz. Mr. Jerry Herman May 1, 1995 Page Two The Era goes on to state, in the Recommendation/Rationale section, that the lands to be exchanged are approximately equal in ralue. The focus of the EA is on the land exchange itself, not on the appropriateness of the development. An additional inaccurate inference r-; thet the land exchange provided habitat for Peninsular bighorn sheep in the San Jacinto Mountains. Two of the four sections exchanged by the property owner are outside of the range of Peninsular bighorn sheep in the San Jacinto Mountains (Sec 5, & 29, TSS, R4E). The other two sections (21 & 27, TSS, R4E) are dominated ivith vegetation which does not contribute to bighorn sheep habitat. On page 12 of the EA in the Biological Resources section it states; "At elevations above approxiiately 3600 feet on the offered private land, the transition to pinyon juniper habitat occurs". The F:A continues, describing pinyon -juniper rind chaparral habitat which Is not suitable habitat for Peninsular bighorn sheep, out is the predominant vegetation on all four sections. A fifth section of land (Sec. 33) proviously owned by the Nature Conservancy is situated within bighorn sheo habitat in the Santa Rosa Mountains. Unfortunately, this section of land is traversed by the Dunn Road which was protected by an easement in the exchange. The presence of this road severely limits the Department's ability to manage bighorn sheep on the property in perpetuity. This road has contributed to poaching, OHV uses and trespass by recreationists into sheep habitat at sensitive times of the year. Land use under the current scenario does not provide an opportunity for acceptable management. The FEIR assumes that impacts to sensitive wildlife resources will be mitigated through unrealized planning effore. Plans reported to provide mitigation included a "bighorn sheep habitat management plan" and the "Coachella Valley Multi -Species Habitat Conservation Plan" (c'11M5HCP). Neither of these plans have been described in detail nor have they beer! implemented. The CVMSHCP is in the early stages of inception' and specific mitigation measures have yet to be described. Preliminary mitigation elements to be included in a sheep plan have been offered but they are vague and are not supported by substantial evidence in the record. The Department requested that mitigation measures for bighorn sheep be described In sufficient detail and resolution to satisfy requirements for a California Endangered Species Act -Memorandum of l!nderstanding and that buffers be incorporated and designed in consultation with the Department. The DEIR stated 133 YU0 US/25/15 Ttid 05:54 F.AS Z005 Mr. Jerry Herman Me 1, 1995 Page Three that buffers would be provided tut failed tc provide a description. The current proposed buffer in the FEIR is s.ibstantially less than the minimum figure provided by the Department and significantly deviates from the buffers associated with the development example given in the biological technical report. Buffers at the development mentioned in the report viere for 400 m (1312 ft) of natural landscape. The Department provide: the figire of 184.E m (605 ft) as a minimal distance. The FEIR, however, dtrscribes a 9' .4 m (300 ft) buffer encumbered with recreational development in the form of 3 go f course. The buffer width described in the FEIF would not be acceptable to the Department. Its proposed configuration cannot be substantiated by any evidence in the record. In spite of our earlier con rents on the DEIR, the FEIR continues to rely on the personal opinions of the consulting biologist as substantial evidence. The reputed notoriety of a consulting biologist is not a substitute for substantial evidence. The record does not contain any factual basis or reasonable assumptions predicated on facts to upport his contentions. Opinions and assertions presented in the biological report prepared for the ELM EA are also similarly deficient. The CEOA requires that expert testimony and opinion be supported by substantial evidence. The cumulative effects analysis remains deficient. The FEIR response to comments on issues raised in the Depagmerit's letter of February 28, 1995, is unresponsive in nature on this issue. The FEIR compares cumulative effects with gew?ral plans for the county and the city, community plans and a street alignment plan, A comparison of cumulative effects on Peninsular bighorn sheep and the Santa Rosa Mountains was not providea. F�-cent court decisions have held that an EIR must compare the impacts of the projec- with the actual environment upon which the proposal will operate and not wits existing plans. Response to the Departmen.'s commenrs on alternatives analysis is also unsatisfactory. CEQA Guidelines, § 16126 nacluires that discussions of alternatives, "...focus on alternatives cspabl.? or' eliminating any significant adverse environmental effects or reducing there to a level of insignificance, even if these alternatives would impede to some degree tl.o attainment of the project objectives, or would be more costly. " Since the Project Objectives section of the DEIR did not specify the proposed location, an off-srte alt-rnative should have been considered. An EIR is not a document of advocazy but of information. A modification of the preferred alternative or an off -site alternative: could have provided an environmentally superior alternative. In the Department's view, the DEIR and FEIR have not provided sufficient discussion of the merits of the alternatives that would allow for informed decision making by the City Council. 1 Y�) IU O5!28/ 15 THU 05:54 FAX Mr. Jerry Herman May 1, 1995 Page Four To summarize the Department's Invoivement, staff first apoke with the biological consultants in May and urgfrd them to participate in a pre -project planning meeting to discuss these issues. The Department provided detailed scoping comments at the Notice of Prepararion stage on December 2, 1994. The Department also invited the consultant to a pre -project planning meeting on February 10, 1995 to discuss issues; of concern. Consultants initiated a meeting with the Department on April 27, 1995 to discuss issues we had raised In our correspondence and at a previous rneetirg, Despite the Department's efforts to resolve oese issues the necessary mitig_ition is still lacking in the FEIR. The Department, therefore, requests that the EIR not be certified until a supplement can be prepared addressing wildlife resource issues. In conclusion, the Department reiturate:l its earlier comments and request that approp, iate mitigation and com,jensaJorn be provide for the significant issues we have raised. As always, if yoL have any qu.stions, please contact Mr. Kevin -Barry Brennan, Associate Wildlife Eiologist, at'9C9) 659-2641 or Ms. Lilia I. Martinez, Environmental Specialist III, at {310) 59C•48O. Srice reI,/, Pa .ricia 'Woli Acting Regional ManagHr Region 5 cc; See attached list '- 1�1 108 05 28, 15�TH , 03:55 FAA �j0U5 Mr. Jerry Herman May 1, 1995 Page Five cc: Mr. Kevin -Barry Brennan Department of Fish and Game Idyllwild, California Ms. Lilia I. Martinez Department of Fish and Game Long Beach, California Mr. Jim Davis Department of Fish and Game Sugarloaf, California Mr. Glenn Black Department of Fish and Game Chino, California Ms. Dee Sudduth Department of Fish and Game Jamul, California Mr. Frank Hoover Department of Fish and Game Chino, California Mr. Jeff Lovich NBS c/o Bureau of Land Management Palm Springs, California Ms.Ann Kreager U.S. Fish and Wildlife Service Carlsbad, California Ms, Julia Dugan Bureau of Land Management Palm Springs, California PH #B STAFF REPORT PLANNING COMMISSION DATE: MAY 8, 2001 CASE NOS.: CONDITIONAL USE PERMIT 2001-059 REQUEST: INSTALLATION OF TELECOMMUNICATION APPARATUS LOCATED ON AN EXISTING 100 FOOT HIGH TOWER LOCATION: 81600 AVENUE 58 APPLICANT: SPRINT PCS PROPERTY OWNER: IMPERIAL IRRIGATION DISTRICT REPRESENTATIVE: DAVE THOMAS, WIE ZONING: MAJOR COMMUNITY FACILITY GENERAL PLAN DESIGNATION: MAJOR COMMUNITY FACILITY ENVIRONMENTAL CONSIDERATIONS: THE CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF CEQA ( CEQA GUIDELINE 15301). SURROUNDING ZONING/LAND USE: NORTH: VERY LOW DENSITY RESIDENTIAL (COUNTY OF RIVERSIDE) SOUTH: VERY LOW DENSITY RESIDENTIAL (COUNTY OF RIVERSIDE) (COUNTY OF RIVERSIDE) EAST: VERY LOW DENSITY RESIDENTIAL WEST LOW DENSITY RESIDENTIAL (RLV), CITY The project is located on Imperial Irrigation District (IID) property at 81600 Avenue 58 within a fenced and restricted area which contains existing IID equipment, substation and tower. A:\PC staff rpt. Sprint CUP 2001-059.wpd 1'i J MITIMMOMWermosilli The applicant is requesting approval of 12 antennas mounted onto an existing 100 foot high tower located and installation of related equipment cabinets within the interior restricted fenced area of the Imperial Irrigation District administrative center. The antennas will add to the cellular digital service area in the east Coachella Valley. The 12 antennas are 6'2' in height and 7'8" wide with an off-white color. As proposed, the tower will be configured at 101 feet one inch in height. Also proposed to be installed on the tower will be a telco microwave dish increasing telephone service. Proposed to be installed on a concrete pad (within the interior restricted fenced areal are five beige colored steel cabinets for Sprint equipment, a global positioning antenna, a wave guide bridge, and additional chain link fencing to enclose the area. Proposed lighting will be down lit on a switch used only for maintenance and emergencies. Power to the antennas will be supplied underground from the existing substation. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES: The applicant's request was sent to City departments and affected public agencies on April 12, 2001, requesting comments be returned by April 27, 2001. All applicable comments are incorporated in the Conditions of Approval. PUBLIC NOTICE: This case was advertised in the Desert Sun newspaper and posted on April 20, 2001. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. _� • ��•� •; • ray The findings necessary to approve the Conditional Use Development Permit, as conditioned, can be made per Section 9.210.020 of the Zoning Code as noted in the attached Resolution. There are no issues. 1. Adopt Planning Commission Resolution 2001-_, approving Conditional Use Permit 2001-059, subject to conditions. ATTACHMENTS 1 . Project Location Exhibit 2. Site Plan and Elevations AAPC staff rpt. Sprint CUP 2001-059.wpd - 1 y Prepared by: Principal Planner Submitted by: g Christine di lorio Planning Manager A:\PC staff rpt. Sprint CUP 2001-059.wpd i PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVING INSTALLATION OF TELECOMMUNICATION APPARATUS TO BE ATTACHED TO AN EXISTING 100 FOOT HIGH TOWER AT 81600 AVENUE 58 CASE NO.: CONDITIONAL USE PERMIT 2001-059 APPLICANT: SPRINT PCS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8'h day of May, 2001, hold a duly noticed Public Hearing to consider allowing installation of telecommunication apparatus located on an existing tower at 81600 Avenue 58, more particularly described as: APN: 761-720- 021 WHEREAS, the City of La Quinta Community Development Department has determined that this project is categorically exempt from the provisions of CEQA (CEQA guideline 15301); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval: That the proposed Conditional Use Permit is consistent with the goals and policies of the La Quinta General Plan Policy 2-6.3.1 in that the property is designated Major Community Facility which allows the uses proposed for the property; and La Quinta General Plan Policy 7-1 .4.7 which requires the City to coordinate with telephone companies to insure comprehensive and uninterrupted service. 2. That the proposed Conditional Use Permit is consistent with the Zoning Code Approval Standards (9.170.060) for telecommunication equipment placed on existing towers. 3. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare in that the public agencies have reviewed the project for these issues with no significant concerns identified. AAPC.Reso.CUP2001-059. wpd 1 Planning Commission Resolution 2001- CUP 2001-059 May 8, 2001 NOW, THEREFORE , BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby approve the above -described Conditional Use Permit request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8" day of May, 2001, by the following vote, to wit: YES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman, City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:\PC.Reso.CUP2001-059.wpd PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2001-059 MAY 8, 2001 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this permit. The City shall have sole discretion in selecting its defense counsel. FIRE MARSHALL 2. Install a Knox pad lock at the manual gates as noted in the review plans. Padlock shall be readily accessible for opening. Contact the Fire Department for an application. MISCELLANEOUS 3. Before any cranes, forklifts, or other aerial equipment are raised, please check for overhead wires. Please note that California Title 8, Electrical Safety Orders, specifies the closest distance that non -qualified electrical workers can get to electrically energized conductors. Non -qualified electrical workers can get no closer than ten (10) feet from distribution lines. People operating boom type lifting or hoisting equipment can get no closer than ten (10) feet from the distribution lines and no closer than seventeen feet (17) from transmission lines. If ground excavation is required, even for seemingly benign applications such as anchoring a tent, please contact Underground Service Alert (USA). This service is free of charge provided USA is given at least two (2) working days' notice. Call toll free at 1-800-227-2600. COA.PC.CUP 2001-059 PH #C PLANNING COMMISSION STAFF REPORT DATE: MAY 8, 2001 CASE NUMBER: SITE DEVELOPMENT PERMIT 2001-701 (EAGLE BEND @ PGA WEST) APPLICANT/ PROPERTY OWNER: CRV LA QUINTA 70, LIMITED PARTNERSHIP (PETE BILICKI) REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPE PLANS (COMPATIBILITY REVIEW) FOR TWO NEW PROTOTYPE RESIDENTIAL UNITS WITH THREE FACADES EACH IN TRACTS 28961 AND 28738 (70 SINGLE FAMILY LOTS) LOCATION: NORTHWEST CORNER OF BELLERIVE AND WINGED FOOT WITHIN PGA WEST (SPECIFIC PLAN 83-002) BUILDER: INNOVATIVE RESORT COMMUNITIES ARCHITECT: COLBOURN, CURRIER, AND NOLL, INC. ENGINEER: M.D.S. CONSULTING (GEORGE PRINE) LANDSCAPE ARCHITECT: DAVID NEAULT ASSOCIATES, INC. ENVIRONMENTAL CONSIDERATION: SITE DEVELOPMENT PERMIT 2001-701 IS WITHIN PGA WEST SPECIFIC PLAN 83-002. AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBERS 83062922) WAS CERTIFIED BY THE CITY COUNCIL IN 1984 FOR SP 83-002. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION HAS BEEN PROVIDED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT EIR. SR PC SDP 2001-701 EagleBend70 Greg 48 - R4/10; 5/2 BACKGROUND: The property is located in PGA West adjacent to Bellerive, Winged Foot, Brae Burn, Aronominic, Southern Hills and Baltusrol within the boundaries of Tracts 28961 and 28738, and Specific Plan 83-002. The approved Specific Plan provides Community Design Guidelines for the residential units proposed in PGA West, a master planned golfing community extending over 1,900 acres to be ultimately developed with 3,936 housing units and other resort hotel units. Tract 28961, consisting of 48 single family lots on approximately 44+ acres, was recorded with the Riverside Recorder's Office on March 23, 2000, while Tract 28738, consisting of 22 single family lots on 8.3 acres, was recorded on December 24, 1998 (Attachment 1). These lots are generally 80 feet wide by 140 feet long. The builder, Innovative Communities, has developed detached single family houses in PGA West to the west of this site on Spanish Bay under Site Development Permit 98-636. PROJECT PROPOSAL: The project site is vacant and approved for 70 single family houses on existing private streets. Two single story prototype house plans are proposed ranging in size from 2,985 square feet to 3,488 square feet. Each plan type, in California Mediterranean - style architecture, offers a staggered facade and prominent stucco arched entry, providing access to private courtyard areas. Exterior building materials consist of plaster walls in varying color schemes using light and medium shades of red and brown and roofs topped with clay S-tile in desert color tones. Accent exterior trim colors will be in darker colors. An exterior material and color sample board of each theme will be available at the meeting. Plan types are as follows: Eagle Bend Plan 1 (1 Story) Plan 2 (1 Story) Sq. Footage 2,985 3,488 Bedrooms 3 3 + Retreat Garage Parking Spaces 3 Front -loaded 3 Front -loaded Notes: A courtyard fireplace is shown Tor Tian z. oiae yara secoacKS are o anu iaryer. Decorative stucco plant-ons accent inset fan -topped windows on the front building elevations and encase other side and rear windows; facade options also include stucco pot shelves. To create variation, front elevation windows also vary in width from 3' to 5'. A front yard landscaping plan has been submitted consisting of a minimum of three street trees (36" boxes) per lot accented by sod, a variety of five and fifteen gallon w ), SR PC SDP 2001-701 EagleBend70 Greg 48 - R4/10; 5/2 < 1 5 i_( shrubs, and splashes of annual color (Attachment 2). Tree species for the project are consistent with the plant palette for PGA West, including California Pepper, Jacaranda, Bottle tree, Citrus, etc. Palm trees will be used to accentuate private courtyard and rear yard areas. The model complex is proposed to be located on Baltusrol across the street from the future 0.733 acre mini park (Lot F of Tract 28961) for these semi - custom housing units (Attachment 3). Public Notice The case was advertised in the Desert Sun newspaper on April 26, 2001, and mailed to all property owners within 500 feet of the site. No comments have been received. Any comments received will be handed out at the meeting. Architecture and Landscaping Review Committee (ALRC) Action On May 2, 2001, the ALRC considered this request, and by Minute Motion 2001-020, determined that the proposed architectural design and landscaping to be compatible with the existing PGA West houses, subject to recommended conditions. A draft copy of the Minutes from the meeting is attached (Attachment 4). STATEMENT OF MANDATORY FINDINGS: As required by Section 9.60.300 (Compatibility Review) of the Zoning Ordinance, the Planning Commission is required to make the following findings: A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot by the prior builder. Response: PGA West Specific Plan 83-002 prohibits two story houses from being built in these tracts pursuant to City Council Resolution 2000-130. No two story houses are proposed. 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwellings, as determined by the Planning Commission, including any perimeter subdivision fencing. Response: PGA West fencing is typically 5' to 6', constructed of masonry block clad in stucco. Condition 413 requires the developer to provide masonry privacy walls compatible with existing houses ensuring they will be architecturally compatible. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the if+i2 SR PC SDP 2001-701 Eagle Bend70 Greg 48 - R4/10; 5/2 "_ plans and materials board, unless otherwise approved by the Planning Commission, with respect to architectural materials, colors, roof lines, lot area, and building mass. Response: Based on the recommended conditions, the development of the new prototype units are architecturally compatible with existing housing units. 4. At least one specimen tree (minimum 24" box) shall be provided in the front yard and street side yard with a total number of trees on each lot to be the same as that provided for on other PGA West units. Response: The plans provide conceptual design and planting information for the front yards utilizing oversized box trees with other site planting. The applicant's plant pallette includes those plants used in the City and more specifically that of SP 83-002. Project landscaping, including but not limited to the location and coverage of plant materials, has been designed to complement single family buildings and complement surrounding houses. Condition 4A requires specimen trees to be planted with the development of the new houses to give a mature appearance when the house is sold. Even though a lush landscape design is required by PGA West, the applicant must also comply with the City's Water Efficiency Ordinance. 5. The single-family dwelling units proposed within a partially developed subdivision shall not deviate by more than 10 percent from the square footage of the original units by the original developer which have either been approved or constructed. Response: Existing houses range in size from 1,290 square feet to over 4,800 square feet; therefore, the developer's housing units are consistent is size and do not exceed the ten percent (10%) allotment. 6. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. Response: The prototype houses provide contrasting elevations that complement an expansion of the PGA West development. Three facades per plan are proposed creating a varied architectural style. Facade planes are varied via building wall setbacks and inset windows, thereby providing defining architectural character to the streetscape setting. Decorative lighting features and ornamental pedestrian gates create variation among each plan type. u04 SR PC SDP 2001-701 EagleBend70 Greg 48 - R4/10; 5/2 , 1. 5 ,r 7 RECOMMENDATION: Adopt Planning Commission Resolution 2001-_ approving Site Development Permit 2000-701, subject to the attached Findings and Conditions of Approval. Attachments: 1 . Site Location 2. Front Yard Landscaping 3. Model Complex 4. ALRC Draft Minutes dated 5/2/01 5. Architectural Exhibits - Commission Members Only GrecKTrodWeW,, Associate Planner Submitted by: CLL-, �- �& Christine di lorio, Planning Manager SR PC SDP 2001-701 EagleBend70 Greg 48 - R4/10; 5/2 (J 5 153 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PROTOTYPE HOUSE PLANS IN PGA WEST CASE NO.: SITE DEVELOPMENT PERMIT 2001-701 APPLICANT: CRV LA QUINTA 70, L.P. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider the request of CRV La Quinta 70, L.P. to approve architectural and landscaping plans for two new prototype residential plans to be constructed on private streets located at the northwest corner of Bellerive and Winged Foot in Specific Plan 83-002 (PGA West), pursuant Section 9.60.300 of the Zoning Code; and WHEREAS, the Architecture and Landscaping Review Committee of the City of La Quinta, California, did on the 2"d day of May, 2001, hold a public meeting to consider the request of CRV La Quinta 70, L.P. to approve architectural and landscaping plans for two new prototype residential plans that range in size from 2,985 square feet to 3,488 square feet to be constructed in PGA West, and by a vote of 2-0 adopted Minute Motion 2001-020, subject to conditions, more particularly described as: 70 single family lots within Tracts 28961 and 28738 WHEREAS, Site Development Permit 2001-701 is within PGA West Specific Plan 83-002. Environmental Impact Report (State Clearinghouse Number 83062922) was certified by the City Council in 1984 for SP 83-002. No changed circumstances or conditions and no information has been provided which would trigger the preparation of a subsequent Environmental Impact Report. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The proposed units are of a compatible architectural design, colors, and materials to the existing units in PGA West. The units utilize similar architectural features such as concrete S-tile roofs, exterior plaster, arches, popout stucco surrounds, inset windows, varied front yard setbacks, decorative eaves and lighting. 2. The proposed landscaping plans will provide a minimum of one 24" box size tree in the front yard area. All units will have at least one additional tree and other shrubs and groundcover. Corner lots require a minimum of five trees with one tree a 24" box specimen. 3. Masonry walls are proposed between units and will be compatible with existing walls in PGA West (i.e., stucco). A:AResoPC Eagle Bend.wpd - Greg (48); - �.i Planning Commission Resolution 2001- Site Development Permit 2001-701 CRV La Quinta 70, L.P. May 8, 2001 4. The size range of the existing residences is 1,290 to over 4,800 square feet. The proposed units vary from 2,985 square feet to 3,488 square feet with three car garages. This request is in compliance with compatibility review and parking Code requirements. 5. The final plot plan will ensure compliance with the requirement that identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Site Development Permit 2001-701 for the reasons set forth in this Resolution, subject to the Conditions labeled Exhibit "A", attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A:AResoPC Eagle Bend.wpd - Greg (48); PLANNING COMMISSION RESOLUTION 2001- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-701 CRV, LA QUINTA 70, L.P. MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit approval shall expire and become null and void on May 8, 2003. 3. Detailed front yard landscaping plans shall be submitted to the Community Development Department for review and approval prior to issuance of any building permit for units authorized by this approval in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal to the final plans to the Community Development Department in compliance with SP 83-002. 4. Prior to issuance of building permits for any of the units authorized by this approval, final working drawings shall be approved by the Community Development Department, including the following: A. Front yard landscaping shall consist of a minimum of two trees, ten 5- gallon shrubs, turf and groundcover. A minimum of one tree per interior lot shall be 24" box in size having a 1 .5 inch caliper measured three feet up from grade level after planting. Corner lots require two specimen trees and three 15-gallon trees (i.e., 0.75 inch caliper or larger). Lodge poles (2" diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters and be approved by the PGA Homeowners Association. The landscape plan shall meet the City's Water Efficiency Ordinance within the confines of the Specific Plan. Cond SDP 701 Eagle Bend - 48; Page 1 - gt UJ$ PLANNING COMMISSION RESOLUTION 2001-_ SITE DEVELOPMENT PERMIT 2001-701 CRV, LA QUINTA 70, L.P. MAY 8, 2001 B. Stucco privacy walls shall be constructed for each house, unless substitute materials are allowed by the Community Development Director. 4. A Minor Use Permit application shall be submitted to the Community Development Department for approval to establish a temporary model home sales complex and guest parking lot (e.g., 10 spaces) in the project, pursuant to Section 9.60.250 and Chapter 9.150 of the Zoning Code. 5. The developer shall comply with all applicable conditions of Tracts 28738 and 28901, and Specific Plan 83-002. 6. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development Department. FEES AND DEPOSITS 7. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 8. Prior to building permit issuance, the developer shall pay school mitigation fees to the Coachella Valley Unified School District based on the State imposed fee in effect at that time. The school facilities' fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). Cond SDP 701 Eagle Bend - 48; Page 2 - gt . 157 ATTACHMENTS olo Attachment 1 ,TTTTL Spv �� I 18 NORTH 21 20 19 1e 17 16 0 15 SHEET 5 °w AIRPORT BOULEVARD ' -- I I / 9� HIII 'j Fill Z it l 'j III �> ; �32 14 'r> 3\ B 1 1 I SHEWT as " Q �(r % TRACT w. F<( t t II I 36 7 F e 7 6 5 4 3 2 /y s JT c�G 3I a40I14243414346:47 /r .0 LOT H 3w At /"/N /SpgZVI/ �GOLY COURSE I") ° �.rx.v�.ze, s 4 I I i _u11 ��� �J " LL1JnIJJ�l111'1'� u N 0 a O LD LOT ITEM: SITE DEVELOPMENT PERMIT 2001-701, EAGLE BEND @ PGA WEST 15? Attachment 2 M SI K,51 N Z Jia d 4 4 r; e� 1� t Attachment 3 f0mms kr13 161 Attachment 4 Architectural & Landscape Review Committee Minutes May 2, 2001 project. the 4. There being no further discu 'emit was moved and seconded by Committee Membe nningham/Bobbitt to adopt Minute Motion 2001-01 ommending approval of Site Development Permit 04 subject to conditions as recommended. Unanimously B. Site Development Permit 2000-701; a request of CRV La Quinta 70, (/ Limited Partnership for review of architectural and landscape plans for two new prototype residential units each with three facades located at the northwest corner of Bellerive and Winged Foot within PGA West Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked staff to identify the location. Mr. Peter Bilicki noted on the plans the location. Committee Member Cunningham stated he had no issues with the project. 3. Committee Member Bobbitt stated he had no questions or objections to the project. 4. Mr. R. C. Hobbs asked for clarification as to when a compatibility review was required. Staff explained when a compatibility review was required. Discussion followed regarding compatibility. 5. There being no further discussion, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 2001-020, recommending approval of Site Development Permit 2001-701, subject to the conditions C. ite o ment Permit 2001-702; a request of La Quinta Kingdom Hall of Jehovah ses for review of landscaping and architectural plans for a church on 2. res on the east side of Dune Palms Road, between Westward Ho Drive the Coachella Valley Storm Channel. 1. Planning Consultant Nicole Cristt contained in the staff report, a copy Community Development Department. the information is on file in the u14 G:\WPDOCS\ALRC5-2-Ol.wpd 2 1 1 6 2 PH #D STAFF REPORT PLANNING COMMISSION DATE: MAY 8, 2001 CASE NUMBER: TENTATIVE TRACT MAP 30136 APPLICANT/ PROPERTY OWNER: SRHI, LLC (RIELLY HOMES) LOCATION: 1,200 FEET EAST OF MADISON STREET ABUTTING BOTH SIDES OF LEGENDS WAY AND WEST OF MOUNTAIN VIEW IN PGA WEST REQUEST: REQUEST TO SUBDIVIDE 18.94 ACRES INTO 62 SINGLE FAMILY AND OTHER MISCELLANEOUS COMMON LOTS ENGINEER: M.D.S. CONSULTING (CHRIS BERGH) ENVIRONMENTAL CONSIDERATION: THIS TRACT IS WITHIN SPECIFIC PLAN 83-0002 (PGA WEST) FOR WHICH ENVIRONMENTAL IMPACT REPORT #83062922 WAS CERTIFIED BY THE CITY COUNCIL IN 1984. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION HAS BEEN PROVIDED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT EIR. GENERAL PLAN/ ZONING DESIGNATIONS: LOW DENSITY RESIDENTIAL (LDR) AND RL (LOW DENSITY RESIDENTIAL) PER SP 83-002, AMENDMENT #4 BACKGROUND: The PGA West Resort and Club is made up of numerous tracts which have been approved after adoption of Specific Plan 83-002 (Resolution 84-31) and its companion Environmental Impact Report (State Clearinghouse #83062922) in 1984. Existing STPC 30136 RiellyPGA Final - 48 GREG; R4/6;4/26 Page 1 of 3 housing units range in size from 1,283 square feet to over 5,000 square feet. PGA West is a private country club community of approximately 2,000 residences and multiple championship golf courses. REQUEST: The applicant has requested to increase the number of residential lots in portion of Tract 28838 (Phases 1 and 4) from 45 to 62, an increase of 17 lots. This change is proposed in order to provide lots sufficient in size for prototype house plans #7-9 that were approved by the Community Development Department last year. Lot sizes range from 8,840 square feet up to 21,140 square feet which is consistent with the other approved lots in PGA West and Tract 28838 (See Attachment #1)• In addition to adding new lots, minor changes are proposed to the alignment of portions of Legends Way where it intersects with Common Landscape Lot "C". Public Notice This project was advertised in the Desert Sun newspaper on April 26, 2001, and mailed to all property owners within 500-feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. MANDATORY FINDINGS: Findings to approve this request per Section 13.12.130 of the Subdivision Ordinance can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Tentative Tract Map 30136, subject to findings and conditions. STPC 30136 Rie11yPGA Final - 48 GREG; R4/6;4/26 Page 2 of 3 u02 1G Attachments: 1 . TTM 30136 Map 2. Large Exhibit (Planning Commission Only) Submitted by: :r 4Cri`st&nedi orio, fanning Manager STPC 30136 Rie11yPGA Final - 48 GREG; R4/6;4/26 Page 3 of 3 tl U .3 PLANNING COMMISSION RESOLUTION 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO SUBDIVIDE 18.94 ACRES INTO 62 SINGLE FAMILY AND MISCELLANEOUS LOTS LOCATED APPROXIMATELY 1,200 FEET EAST OF MADISON STREET, ON THE NORTH AND SOUTH SIDES OF LEGENDS WAY AND WEST OF MOUNTAIN VIEW IN PGA WEST CASE NO.: TENTATIVE TRACT MAP 30136 APPLICANT: SRHI, LLC (d.b.a. RIELLY HOMES) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8"' day of May, 2001, hold a duly noticed Public Hearing for SRHI, LLC to subdivide 18.94 acres into 62 single family and other common lots generally located 1,200 feet east of Madison Street abutting portions of Legends Ways and Mountain View, more particularly described as: Being a subdivision of Lots 17-21 of Amended Tract 28838-1; and Lots 1-40, and A-F of Tract 28838-4 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of TTM 30136 to the City Council pursuant to Section 13.12.130 of the Subdivision Ordinance: A. The proposed map is consistent with the City of La Quinta General Plan and Zoning Ordinance. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because attached and detached residential units are proposed. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. The proposed single family lots exceed the minimum size requirement of 6,500 square feet. The proposed 62 residential lots are consistent with and will not negatively impact the overall growth and development of PGA West. Conditions are recommended ensuring compliance with both the PGA West Specific Plan and Zoning Code. B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and Subdivision Ordinance. RESOPCTTM 30136Final - 48- GREG T. L) 0 `3 i6 Planning Commission Resolution 2001-_ Tentative Tract Map 30136 - Recommended SRHI, LLC May 8, 2001 Page 2 Tentative Tract Map 30136 is within Specific Plan 83-002 (PGA West) for which Environmental Impact Report (State Clearinghouse Number 83062922) was certified by the City Council in 1984. No changed circumstances or conditions exist and no new information has been provided which would trigger the preparation of a subsequent EIR. The proposed site design conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residential tracts in PGA West. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. The site is physically suitable for the proposed land division. Stormwater runoff will be diverted to the existing golf course to ensure off -site properties are not impacted from seasonal storms. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plans. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plan 83-002, as amended; and 3. That it does recommend approval to the City Council of TTM 30136 for the reasons set forth in this Resolution and subject to the attached conditions. uU5 RESOPCTTM 30136Final - 48- GREG T. 16 7 Planning Commission Resolution 2001-_ Tentative Tract Map 30136 - Recommended SRHI, LLC May 8, 2001 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 8`h day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: TERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTTM 30136Final - 48- GREG T. 006 163 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30136 - SRHI, LLC MAY 8, 2001 GENERAL 1. Tentative Tract Map 30136 shall comply with the requirements and standards of §§66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Cond PC Tr. 30136 - 48 Greg i 16 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right -of way dedications required of this development include: a. PRIVATE STREETS Residential: 37-foot width. 8. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 10, The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 11. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access Cond PC Tr. 30136 - 48 Greg U O easements to those properties or notarized letters of consent from the property owners 12. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(Sl 13. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect' refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. 'Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. Cond PC Tr. 30136 - 48 Greg U U 9 lei 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRADING 17. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 18. Slopes shall not exceed 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 21. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each Cond PC Tr. 30136 - 48 Greg 010 172 pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 22. Stormwater handling shall conform with the approved hydrology and drainage plan for PGA West. Nuisance water shall be disposed of in an approved method. UTILITIES 23. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 24. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 25. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 26. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. a. PRIVATE STREETS Residential: 34-foot travel width, measured gutter flow -line to gutter flow -line. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. Cond PC Tr. 30136 - 48 Greg U �, 1I3 27. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 28. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 29. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 30. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 31. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 33. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the Cond PC Tr. 30136 - 48 Greg u 1 2 i pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 34. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 35. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 36. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. 37. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. QUALITY ASSURANCE 38. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 39. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 40. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 41. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy Cond PC Tr. 30136 - 48 Greg 013 of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 42. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 43. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 44. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 45. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on the requirements of SP 83-002. Fees shall be paid prior to building permit issuance by the City. 46. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. FIRE DEPARTMENT 47. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 48. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 49. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. Cond PC Tr. 30I36 - 48 Greg A `* 17) 50. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submnitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 51. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. MISCELLANEOUS 52. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 53. Applicable conditions of Specific Plans 83-002 shall be met prior to building permit issuance. 54. The project's HOA will be organized to administer and maintain common open space, private roads, security, and architectural consistency pursuant to the requirements of SP 83-002. The Covenants, Conditions and Restrictions for the tract shall be approved by the City Attorney prior to approval of the final map by the City Council. Cond PC Tr. 30136 - 48 Grcg v y 5 ATTACHMENTS o16 173 I i;e 1 jl 11 a �al 8118 ,. ;E e : 1 _ r-0 9g ii If lilt 1p (� �16 till BIBi k d it it l0 5sS B i�i 9leeB�d 91; B ow " Q r W N Z r: oW nip - --- ---- <— t �_ a tpt9x oN ravel 1.._ 1 -@i :. "pp x _ LU Y`. p r `Gyy �r r d� j PH #E Tityl 4 4 Q" MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBER OF THE PLANNING COMMISSION FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR W DATE: MAY 8, 2001 SUBJECT: SITE DEVELOPMENT PERMIT 2001-693, 99 CENT STORE The applicant in the above referenced matter has requested a two week continuance in order to revise their plans to incorporate the changes recommended by the Architectural and Landscape Review Committee. Staff respectfully requests that the Commission continue the item to the regularly scheduled meeting of May 22, 2001. PH #F STAFF REPORT PLANNING COMMISSION DATE: MAY 8, 2001 CASE NO.: ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41, GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001- 101, SPECIFIC PLAN 121-E, AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001-703 AND TENTATIVE TRACT MAP 30125 REQUEST: RECOMMENDATION TO THE CITY COUNCIL FOR CERTIFICATION OF AN ADDENDUM TO AN ENVIRONMENTAL IMPACT REPORT; APPROVAL OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE TO CHANGE LANDS CURRENTLY TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL; SPECIFIC PLAN AMENDMENT ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE CONSTRUCTION OF 65 SINGLE FAMILY HOMES, COMMON AREA FACILITIES AND AMENDMENT OF THE LANDSCAPING PLANT PALETTE; DEVELOPMENT PLANS FOR THE MODEL HOMES; AND SUBDIVISION OF 17.82 ACRES INTO 65 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS. LOCATION: THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL DEVELOPMENT CORP. ENVIRONMENTAL CONSIDERATION: AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41 WAS PREPARED FOR THE PROPOSED APPLICATIONS IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DEPARTMENT HAS RECOMMENDED CERTIFICATION OF THE ADDENDUM. GENERAL PLAN/ ZONING DESIGNATIONS: TOURIST COMMERCIAL PROPOSED: LOW DENSITY RESIDENTIAL G:\WPDOCS\PCStfrptSP121 E.wpd ' - 11 1- J 1 BACKGROUND: The project site is located at the southeast corner of Eisenhower Drive and Avenue 50. The proposed project is currently developed for a portion of the La Quinta Resort Golf Course, and is also being used for employee parking for the La Quinta Resort. The lands currently used for parking are proposed for conversion from Tourist Commercial to Low Density Residential. The proposal is for single family detached units on 6,000 square foot minimum lots. Project Request In addition to the Addendum to Environmental Impact Report #41, the following applications have been filed: 1 . A General Plan Amendment and Zone Change to change a six acre portion of the project surrounded by 11 acres already designated as single family residential from its current Tourist Commercial designation to Low Density Residential. 2. A Specific Plan to establish development standards and design guidelines for the construction of 65 single family homes and common area amenities, and to amend the approved plant palette (Attachment 2). 3. A Site Development Permit for the model home elevations, site landscaping, and construction of perimeter improvements for the site. 4. A Tentative Tract Map to divide 17.82 acres into 65 single family lots, a common pool and clubhouse lot, and miscellaneous lots for roads and open space. The General Plan Amendment and Zone Change are required to allow single family dwelling units on the site. The Specific Plan provides the design guidelines and development standards for the single family homes. A Site Development Permit has also been submitted to include the three models of house planned for the site, as well as perimeter and entry landscaping. A separate Site Development Permit will be required for the pool building or clubhouse for the northwestern corner of the project. The Site Development Permit details the architectural style of the buildings, and the types of materials which will be utilized. The variations to the City's zoning standards are discussed individually below. Project Description The Specific Plan includes modifications only in two areas: the design guidelines and development standards for the affected Planning Area, and the broadening of the landscaping palette (Attachment 4). The design guidelines and standards allow for the construction of single family homes and associated uses. UfJ2 G:\WPDOCS\PCStfrptSP121 E.wpd •V 182 The homes' architecture is similar to the Mediterranean architecture found elsewhere in the Resort. Materials to be utilized include smooth stucco, wooden rafters, gates and shutters, wrought iron grills and clay roof tile. The design includes raised window details, stucco recesses and an optional roof terrace. The design also incorporates curved walls and exterior stairs around a central courtyard. The applicant has provided considerable articulation on all sides of the residences, which will create visual interest and break up the building mass. Doorways and windows include arches and pot ledges, to provide further detail. The color palette is proposed to be neutral, and consist primarily of earth tones. The plant palette is consistent with that found in other parts of the Resort. Stamped concrete is proposed for the entry of the project site. A perimeter wall is proposed, but no berming is shown on the landscaping plan. The Tentative Tract Map divides the 17.82 acres into 65 single family lots, one common area pool and clubhouse lot, and miscellaneous lots for roads and open space areas. The Tract Map has been conditioned to include all necessary perimeter roadway improvements. The Tract Map is consistent with the proposed Specific Plan. Architecture and Landscaping Review Committee: The ALRC reviewed the proposed landscaping and building elevations at their meeting of May 2, 2001, and recommended approval subject to conditions (Attachment 3). Public Notice: This application was advertised in the Desert Sun newspaper on April 26, 2001. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. Public Agency Review: All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. STATEMENT OF MANDATORY FINDINGS• The findings necessary to recommend approval of the General Plan Amendment, Zone Change, Specific Plan and Site Development Permit can be made, as noted in the attached Resolutions with the exception of: A. Specific Plan: 1. Development Standards: The applicant has stated that a small clubhouse may be constructed where the poolhouse is currently shown, in the northwestern corner of the property. The Specific Plan currently does not allow this use. Condition #15 (SP) has been added to address this issue. G:\WPDOCS\PCStfrptSP121 E.wpd - U U 3 1S3 The minimum lot size is shown in the Specific Plan to be 6,500 square feet in this Planning Area. Since some lots on the accompanying tract map do not meet this standard (the smallest lot is 6,022 s.f.), Condition #17 (SP) has been added to accommodate the smallest proposed lot. No signage is proposed as part of the Specific Plan submittal for this portion of the project area. Condition #19 (SP) has been added to address this issue. The landscaping palette in the currently adopted Specific Plan significantly limits the plant types permitted on the site. The landscaping plan does not conform to that plant palette. A broadened plant palette has been submitted (Attachment 4), and is to be included as an approved landscaping palette for the entire Specific Plan (Condition #20, SP). B. Site Development Permit 1. Landscape Design: The landscaping plan does not specify either the size of proposed plants, or the number of each plant proposed. In order to ensure that the final plans are consistent, Conditions #1 and #2 (SDP) are proposed. This will ensure that staff can effectively review the final plan for conformance with this approval. The perimeter wall will require articulation in order to provide visual interest. Condition #3 (SDP) has been added to address this issue. CONCLUSION: The General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and Tentative Tract Map, as conditioned, represent an appropriate use of the parcel on which they are proposed. The Specific Plan and Site Development Permit, as conditioned, are compatible with surrounding development in the immediate area, and in conformance with City requirements. Findings for a recommendation for approval, as noted in the attached Resolutions, can be made. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2001-, recommending to the City Council Certification of an Addendum to Environmental Impact Report #41. 2. Adopt Planning Commission Resolution 2001- , recommending to the City Council approval of General Plan Amendment 2001-078. 3. Adopt Planning Commission Resolution 2001-, recommending to the City Council approval of Zone Change 2001-101. 4. Adopt Planning Commission Resolution 2001-, recommending to the City Council approval of Specific Plan 121-E, Amendment #5, subject to the findings and conditions. GAWPDOCS\PCStfrptSP121E.wpd U J4 5. Adopt Planning Commission Resolution 2001-, recommending to the City Council approval of Site Development Permit 2001-703, subject to the findings and conditions. 6. Adopt Planning Commission Resolution 2001-, recommending to the City Council approval of Tentative Tract Map 30125, subject to the findings and conditions. Attachments: 1. Location Map 2. Specific Plan 121-E Document (Large exhibits - Commissioners only) 3. ALRC Minutes for May 2, 2001 4. Amended Landscape Palette (Large exhibits - Commissioners only) Prepared by: Submitted by: Nicole Sauviat Criste, Consulting Planner Christine di lorio, Planning Manager u05 G:\WPDOCS\PCStfrptSP121E.wpd _ 1 8r 1 J PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41 PREPARED FOR GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001-703, AND TENTATIVE TRACT MAP 30125 CASE NO: EIR #41 ADDENDUM APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8th of May, 2001 hold a duly noticed Public Hearing to consider an Addendum to Environmental Impact Report #41 for General Plan Amendment 2001- 078, Zone Change 2001-101, Specific Plan 121-E -- Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 located at the southeast corner of Avenue 50 and Eisenhower Drive, and more particularly described as follows: APN's 658-190-004, 773-020-033, 770-020-021, 773-020-034 WHEREAS, said Addendum has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has determined that although the proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E -- Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Addendum and included in the Conditions of Approval; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending certification of said Addendum: 1. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by the Addendum. 006 G:\WPDOCS\PCReso KS LEA. wpd 1 186 Planning Commission Resolution 2001- KSL Development Corporation EIR#41 Addendum May 8, 2001 2. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Addendum. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The Planning Commission has considered the Addendum to Environmental Impact Report #41 and the Addendum reflects the independent judgement of the City. G:\WPDOCS\PCResoKSLEA.wpd 007 1S7 Planning Commission Resolution 2001- KSL Development Corporation EIR#41 Addendum May 8, 2001 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the Planning Commission for this Addendum. 2. That it does hereby recommend to the City Council certification of the Addendum to Environmental Impact Report #41 for the reasons set forth in this Resolution and as stated in the Addendum text on file in the Community Development Department. 3. That the Addendum to Environmental Impact Report #41 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California U08 G:\WPD O C S\PC ResoKS LEA. wpd �� 1�J ADDENDUM TO ENVIRONMENTAL IMPACT REPORT (CEQA GUIDELINE 15164) FOR GENERAL PLAN AMENDMENT NO. 2001-078, AMENDMENT NO. 5 TO SPECIFIC PLAN 121-E, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-703 AND TENTATIVE TRACT MAP 30125 MAY 8, 2001 G:\WPD0CS\ElRAddKSL1 21 E. WPD U09 I, IS9 The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to Environmental Impact Report #41 ("EIR") that the County of Riverside certified in 1975 for the La Quinta Resort Specific Plan, SP 121-E. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT NO. 2001-78, AMENDMENT NO. 5 TO SPECIFIC PLAN 121-E, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-70 AND TENTATIVE TRACT MAP 30125 These are collectively referred to as "the Revised Project." The Revised Project consists of 17.82 acres of the 622 acre project. Six acres of the Revised Project area is currently designated Tourist Commercial and the remaining 11 acres is designated as Low Density Residential. The Revised Project will convert currently vacant lands of which six acres os being used as interim employee parking areas to low density residential lots, and ancillary facilities including a clubhouse and associated amenities. The City has determined that the proposed residential development will be consistent with the density and character of the adjacent residential development, and will be consistent with the goals, policies, and objectives of the City's General Plan and Specific Plan 121-E, as amended. The Revised Project does not represent an increase in the total number of units allowed within the Specific Plan boundary. The Specific Plan "cap" on residential units remains 622 units in the low density residential category. The approvals requested include the following: 1 . General Plan Amendment and Change of Zone to change the designation on six acres of the 17.82 acres from Tourist Commercial to Low Density Residential; 2. Specific Plan Amendment to incorporate the General plan Amendment and Zone Change above, and to expand the landscaping palette within the Specific Plan; 3. Site Development Permit to review the design of three residential unit types for the proposed homes within the same 17.82 acres; and 4. Tentative Tract Map to divide the 17.82 acres into 65 single family lots, a clubhouse lot, and a number of numbered lots for streets and common open space areas. The City has compared the impacts of the Revised Project with those impacts analyzed in the EIR and finds as follows: - �10 ` ]JJ G:\WPDOCS\EIRAdd KSL121 E.WPD Aesthetics - Impacts no greater than those previously analyzed. The previously approved Tourist Commercial designation will be replaced with less dense housing. The scale, height, and mass will all be reduced within this area as compared with the original project. The elimination of employee parking will be a beneficial impact for the area. Agriculture Resources - Not applicable Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. Hydrology and Water Quality - Impacts lower than those previously analyzed. Tourist commercial development can be expected to generate an equivalent amount of water usage as residential development. The single family homes on the site, however, will create a lower percentage of impervious surfaces, which will result in more surface water percolation. Public Services - Impacts lower than those previously analyzed. The impacts associated with Tourist Commercial development would have been expected to be greater than those associated. Recreation - Impacts no greater than those previously analyzed. The Revised project will include on -site clubhouse facilities, and will be surrounded by golf course. The overall number of residential units within the total project will not increase. Impacts to recreational facilities will not increase over those already analysed. 0 11. G:\WPDOCS\EIRAdd KSL121 E.WPD 1 Air Quality - Impacts no greater than those previously analyzed. Although residential development generates a high number of trips per unit, tourist c o m m e r c i a l development is also a high trip generator. Since the certification of the original EIR, PM10 has become an issue of concern in the Coachella Valley. The City requires the development of PM10 management plans, which are reviewed and approved by the City Engineer prior to the issuance of building permits. The project proponent will be required to submit such a plan, which will provide sufficient mitigation to assure that PM10 impacts are reduced to less than significant levels. The construction air quality impacts will be reduced for single family homes over those analyzed for tourist c o m m e r c i a l development in the EIR, since single family home construction disturbs less ground, is of shorter duration, and requires less equipment. Land Use Planning - Impacts no greater than those previously analyzed. The Revised Project is consistent with the goals, policies and objectives of the General Plan and the Specific Plan, and continues the development pattern established in the Specific Plan. Transportation/Traffic- Impacts less than those previously analyzed. The single family units will not increase the total number of units to be constructed within the project, and will therefore not increase the number of residential trips to be generated by the project at buildout. The elimination of the tourist commercial development will reduce the overall number of trips to and from the project at buildout. u12 G:\WPDOCS\EIRAddKSL121 E.WPD `-J .. 1 J 7 Biological Resources - Impacts in addition to those previously analyzed. Since certification of the original EIR, species of concern in the Coachella Valley have increased. A preliminary biological resource analysis conducted for the Revised Project indicated the presence of a mesquite hummock on the site, which will be eliminated by the construction of the homes. Mesquite hummocks provide important habitat to a number of species of concern. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Prior to construction or site preparation activities, the project developer shall enter into a Memorandum of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 1.1 acres of mesquite hummock habitat in the Biological Resources cont'd - The Revised project also was identified as potential habitat for Coachella Valley Fringe - toed Lizard and Coachella Valley Milk Vetch. Site surveys are being conducted, and the project proponent will be required to conform to the mitigation measures resulting from these studies. Utilities and Service Systems - Impacts less than those previously analyzed. The proposed residential units will generate a lower need for utilities and service systems than development of a tourist commercial project on six acres of the site. U13 G:\WPDOCS\EIRAddKSL121 E.WPD 1J3 Cultural Resources - Mineral Resources - Not Population and Housing - Impacts no greater than applicable. Impacts less than those those previously previously analyzed. analyzed. The site has The change in land use been previously designation will reduce disturbed, and is not the potential number of expected to contain jobs to be generated by culturally significant the project overall, and resources. Should will not create a need for r e s o u r c e s b e additional housing. encountered during site grading and excavation, the project proponent shall cease all work on the site until an archaeological monitor has been retained. 014 G:\WPDOCS\EIRAddKSL121 E.WPD Geology and Soils - Impacts no greater than those previously analyzed. The project proponent shall be required to implement the Uniform Building Code for Zone III groundshaking zones, and shall be required to prepare site -specific soils analysis prior to issuance of building permits. Noise - Impacts have changed from those previously analyzed. A noise impact analysis was prepared for the Revised Project. The noise analysis identified potential impacts to homes adjacent to both Avenue 50 and Eisenhower Drive. In order to mitigate this impact, the following mitigation measures shall be implemented. 1. A 6 foot wall above a four foot berm shall be erected on both the Eisenhower Drive and Avenue 50 frontages of the Revised Project. 2. Interior noise levels shall not exceed 45 dBA CNEL. 3.All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. Construction staging areas shall be located as far from e x i s t i n g residential development as possible. U15 G:\WPDOCS\E1RAdd KSL121 E.WPD The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1 . substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts; or 3. new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. U16 G:\WPDOCS\EIRAdd KSL121 E.WPD `� J PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE IN LAND DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR SIX ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50 CASE NO.: GPA 2001-078 APPLICANT: KSL DEVELOPMENT CORP. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing for KSL Development Corp. for review of a General Plan Amendment to assign a land use designation of Low Density Residential to six acres located within a 17.82 acre parcel at the southeast corner of Eisenhower Drive and Avenue 50, and more specifically described as follows: APN's: 658-190-004, 773-020-033, 773-020-021, 773-020-034 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said General Plan Amendment: 1. Internal General Plan Consistency. The proposed amendment to the Land Use Map would change the designation on six acres of land from Tourist Commercial to Low Density Residential. The proposed amendment is surrounded by approximately 11 acres designated as Low Density Residential in the General Plan. The proposed amendment maintains consistency within the other General Plan elements, insofar as the Low Density Residential land use designation is the most prevalent designation in the General Plan. 2. Public Welfare. The proposed project requires the extension of all public services to the site as part of project development. In addition, conditions of approval and environmental mitigation measures have been included for this project which address safety and welfare issues, including noise, traffic and water quality. 3. General Plan Compatibility. The proposed General Plan amendment will be compatible with the surrounding designations in the project area, insofar as the Low Density Residential designation is prevalent within Specific Plan 121-E, and this project will continue this trend of development. U 1'7 G:\WPDOCS\PC Reso KS L-GPA078. W PD Planning Commission Resolution 2001-_ General Plan Amendment 2001-078 KSL Development Corp. 4. Property Suitability. The property is well suited to residential development, being primarily flat, and having adequate access to major roadways. 5. Change in Circumstances. The continued development of the City requires residential dwelling units for new residents, in order to meet the goals of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of the General Plan Amendment; and, 3. That it does recommend approval to the City Council of General Plan Amendment 2001-078 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto and made a part of. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California G:\WPDO CS\PCReso KS L-G PAO78. W PD 1�.: GENERAL PLAN AMENDMENT 2001-078 APPROVED GENERAL PLAN LAND USE PROPOSED GENERAL PLAN/LAND USE 50th - I AVENUE 3 = 1 G u19 W PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONE CHANGE FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR SIX ACRES LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. CASE NO.: ZC 2000-101 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing for KSL Development Corporation for review of a Zone Change to change the zoning designation on a six acres at the southeast corner of Eisenhower Drive and Avenue 50, more particularly described as: APN's: 658-190-004, 773-020-033, 773-020-021, 773-020-034 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zone Change: 1 . Consistency with General Plan. The proposed amendment to the Land Use Map would change the designation on six acres of land from Tourist Commercial to Low Density Residential. The proposed amendment is surrounded by approximately 11 acres designated as Low Density Residential. The proposed amendment maintains consistency within the other General Plan elements, insofar as the Low Density Residential land use designation is the most prevalent designation in the General Plan. The proposed zone change will maintain the consistency between the General Plan and Zoning Ordinance required by law. 2. Public Welfare. The proposed project requires the extension of all public services to the site as part of project development. In addition, conditions of approval and environmental mitigation measures have been included for this project which address safety and welfare issues, including noise, traffic and water quality. 3. General Plan Compatibility. The proposed General Plan amendment will be compatible with the surrounding designations in the project area, insofar as the Low Density Residential designation is prevalent within Specific Plan 121-E, and this project will continue this trend of development. 020 G:\WPDOCS\PCResoKSL-ZC101 MM "! 209 Planning Commission Resolution 2001- Change of Zone 2001-101 KSL Development Corp. 4. Property Suitability. The property is well suited to residential development, being primarily flat, and having adequate access to major roadways. 5. Change in Circumstances. The continued development of the City requires residential dwelling units for new residents, in order to meet the goals of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of the Zone Change; and, 3. That it does recommend approval to the City Council of Zone Change 2001-101 for the reasons set forth in this Resolution and as contained in the attached Exhibit "A" attached hereto and made a part of. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 021. G:\WPDOCS\PCResoKSL-ZC 101.WPD ' 01 ZONE CHANGE 2001-101 APPROVED ZONING 50th ' I A' o .LDR PROPOSED ZONING 50th - I AVENUE U)R ; o � G � N G W u22 202 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 121-E (AMENDMENT NO. 5) FOR A MIXED USE DEVELOPMENT INCLUDING RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 622 ACRES, KNOWN AS THE LA QUINTA RESORT AND CLUB CASE NO. SP 121-E, AMENDMENT NO. 5 APPLICANT: KSL DEVELOPMENT CORP. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider Specific Plan 121-E, Amendment No. 5, to allow a mixed use development including residential, golf course and tourist commercial uses on 622 acres, generally bounded by the Santa Rosa mountains on the west, Calle Tampico on the south, Coachella Drive on the north and Desert Club (extended) on the east; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Addendum to Environmental Impact Report #41 was prepared for Specific Plan 121-E and found that although the proposed project will have environmental impacts, all impacts can be mitigated to a less than significant level; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of Specific Plan 121-E, Amendment No. 5: 1. That the proposed Specific Plan 121-E, Amendment No. 5 is consistent with the goals and policies of the La Quinta General Plan in that the proposed Low Density Residential land use designation exists in the General Plan. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the single family residential development will occur within an existing planned community and will be integrated into that community. 3. That Specific Plan 121-E, Amendment No. 5 is compatible with the existing and anticipated area development in that the project does not increase the total number of units originally intended for development within the area. Uti3 G:\WPDOCS\PCResoKSLSP1 21 -E#5.WPD 203 Planning Commission Resolution 2001-_ Specific Plan 121-E, Amendment#5 KSL Development Corp. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. 5. That the Specific Plan 121-E, Amendment No. 5 is consistent with the current Specific Plan approval and amendment process. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it does hereby require compliance with the conditions of approval for the proposed Specific Plan; 3. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of this Specific Plan; and, 4. That it does recommend approval to the City Council of Specific Plan 121-E, Amendment #5 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 81' day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California APPROVED AS TO FORM: u24 JERRY HERMAN, Community Development Director City of La Quinta, California 4 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT MAY 8, 2001 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 3. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 4. Applicant shall provide an easement of sufficient width to allow the construction of a retaining wall to be extended from the applicant's retaining wall adjacent to Eisenhower Drive. 5. Right of way dedications required of this development include: GAWPDOCS\PCReso KSLSP 121 ECOA.WPD U25 2U7, PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT MAY 8, 2001 A. PUBLIC STREETS 1 . Eisenhower Drive (Primary Arterial) - 50-foot half of the 100-foot right of way. 2. Avenue 50 (Primary Arterial) - 50-foot half of the 100-foot right of way, measured from the existing improvement construction centerline. B. PRIVATE STREETS Residential (Street Lots A-F): 31-foot minimum width with roll - type curb (providing minimum travel width of 28-feet, measured gutter flow -line to gutter flow -line)• Right of way may be reduced to 29-feet with vertical curbs. On -street parking is prohibited provided and the applicant must make provision for ongoing enforcement of the restriction. 2. Private Gated Entry: 82-feet or as required to provide adequate egress and turn -around for non -admitted visitors, as approved by the City Engineer. 3. Emergency Access (Lot G): 25-foot. C. CULS DE SAC 1 . Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot radius for vertical curbs and 41-foot radius for rolled curbs to provide travel radius of 38-feet measured gutter flow -line to gutter flow -line, or larger. 6. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 7. Dedications shall include additional widths as necessary for the existing bus turnout on Avenue 50. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. G:\WPDOCS\PCResoKSLSP121 ECOA.WPD PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT 45 - KSL LAND DEVELOPMENT MAY 8, 2001 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 10. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 1 1. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. LANDSCAPING 12. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 13. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and they 7 G:\WPDOCS\PCRes0KSLSP121 ECOA.WPD r, ,7 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 121-E, AMENDMENT #5 - KSL LAND DEVELOPMENT MAY 8, 2001 Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 14. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS Prior to issuance of a grading permit or 30 days after City Council approval, whichever occurs first, the Specific Plan shall be modified as follows: 15. The words "resort residential" shall be deleted from the first paragraph of page 2.16 of the Specific Plan. 16. Common area pool and clubhouse facility shall be listed separately in Table 2, page 2.17 of the Specific Plan. 17. The Residential Development Standards table on page 3.10 shall be amended to read Min. Lot Size: 6,000 s.f. 18. The Specific Plan shall be amended to include clubhouse buildings, subject to Site Development Permit approval, in the permitted use section of Planning Area II. 19. No signage is included in this Specific Plan approval. The applicant shall prepare a master sign program for review and approval by the Planning Commission. 20, The landscaping palette (Table 8, page 2.59) shall be amended to include all plants listed in the "Suggested Plant Material Palette -- La Quinta Resort and Club/Esperanza Village." 21. All mitigation measures in Addendum to EIR #41 shall be incorporated into the Specific Plan by this reference. 22. Prior to any earthmoving activities, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. u28 GAWPDOCS\PCReso KSLSP121ECOA.WPD 2 0 3 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, APPROVING THE DEVELOPMENT OF 65 SINGLE FAMILY HOMES WITHIN THE LA QUINTA RESORT SPECIFIC PLAN, #121-E, AMENDMENT #5 CASE NO.: SITE DEVELOPMENT PERMIT 2001-703 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing for KSL Development Corporation to allow the construction of 65 single family homes on 17.82 acres within the La Quinta Resort Specific Plan area, more particularly described as: APN's 658-190-004, 773-020-033, 770-020-021, 773-020-034 WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 2nd day of May, 2001 recommend approval of the proposed project, by adoption of Minute Motion 2001-023, subject to conditions of approval; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Site Development Permit: The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and supports the development of a mix of residential land uses within an established Specific Plan. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance and is consistent with the La Quinta Resort Specific Plan, as conditioned, which establishes development standards for the project. The project, as conditioned meets the City's standards for height, landscaping and land use. 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. u29 G A W PDO CS\PC ResoS DP703. W PD Planning Commission Resolution 2000- Site Development Permit 703 May 8, 2001 4. The proposed Site Development Permit, as conditioned, complies with the architectural design standards for the La Quinta Resort Specific Plan (#121-E, Amendment #5), and implements the development standards and design guidelines included in that document. 5. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards and palette in the La Quinta Resort Specific Plan and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Site Development Permit 2001-703, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm the conclusion that the Addendum to EIR #41 assessed the environmental concerns of this Specific Plan. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director U 3 0 City of La Quinta, California ' r) G:\WPDOCS\PCResoSDP703.WPD PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-703 MAY 8, 2001 1 The final landscaping plan shall include the following plant sizes: Interior Street Trees Accent Trees Unit Screen Trees Perimeter/Entry Shrubs Groundcover Desertscape Ocotillo Vines 24" box minimum 24" box minimum 24;' box minimum 25' trunk height minimum 5 gal. Minimum 1 gal. Minimum 5 gal. Minimum 6' minimum 5 gal. Minimum The perimeter wall shall be located a minimum of 20 feet from the edge of the public right-of-way. 3. The perimeter wall shall be no more than 6 feet in height, finished with a stucco finish, and articulated with pilasters at a minimum of 60 foot intervals. 4. All changes to the Specific Plan which are also included in the Site Development Permit shall be made to the latter to ensure consistency. The project proponent shall submit amended documents within 30 days of City Council approval or, issuance of a grading permit, whichever occurs first, of the Specific Plan. 5. The landscaping plan shall include all frontages on City streets, and shall be installed with the perimeter wall, as part of the first phase of construction on the project site. 6. The home to be located on lot #16 shall be limited to one story, 22 feet in height. COACHELLA VALLEY WATER DISTRICT 7. Grading and drainage plans shall be submitted to the District for review prior to the issuance of grading permits. 8. The project proponent shall construct suitable facilities to limit access to the La Quinta Evacuation Channel. G:\WPDOCS\PCResoKSLsdp703COA.wpd �� i PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-703 MAY 8, 2001 9. The project proponent shall obtain an encroachment permit from the District prior to any construction within the right of way of the La Quinta Evacuation Channel. 10. The proposed project shall be annexed to Improvement District Nos. 55 and 82 for sanitation service. 1 1 . Plans for grading, landscaping and irrigation systems shall be submitted to the District for review for the purpose of ensuring efficient water management. RIVERSIDE COUNTY FIRE DEPARTMENT 12. Approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 gpm, for a 2 hour duration at 20 psi. 13. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 14. Gate entrances shall be at least two feet wider than the width of the travel lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 40- foot turning radius shall be used. 15. Gates shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 16. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 17. Prior to any earthmoving activities, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. U32 G:\WPDOCS\PCResoKSLsdp7O3COA.wpd r a�ly PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVING A SUBDIVISION OF 17.82 ACRES INTO 65 PARCELS AND A NUMBER OF LETTERED LOTS. CASE NO.: TENTATIVE TRACT MAP 30125 APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing for KSL Development Corporation, in order to subdivide a 17.82 acre parcel into 65 numbered lots and a number of lettered lots, generally located at the southeast corner of Eisenhower Drive and Avenue 50, more particularly described as: APN's: 658-190-004, 773-020-033, 773-020-021, 773-020-034 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Tentative Tract Map 30125: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential. The Land Use Element of the General Plan encourages differing residential developments throughout the City. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) insofar as Low Density Residential development fits the character of the City's residential community. Finding_Number 2 - Consistency with City Zoning Ordinance A. The proposed development is consistent with the land uses specified in the Zoning Ordinance, as conditioned. Modifications to the City's standards, which are included in Specific Plan 121-E, Amendment #5, are justified. Finding Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 30125 is subject to the requirements of the California Environmental Quality Act per Public Resources Code Section 65457(a). An Addendum to Environmental Impact Report #41 has been prepared. u U G:\WPDOCS\PCResoKSLTT30125.WPD 213 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 Finding Number 4 - Site Design: A. The proposed design of the subdivision conforms with the development standards found in the General Plan and Zoning Ordinance, as modified in the Specific Plan. B. The site is physically suitable for the proposed land division, as the area is flat and without physical constraints, and the Tentative Tract Map is consistent with other parcels in the La Quinta Resort project. Finding Number 5 - Site Improvements: A. Infrastructure improvements such as gas, electric, sewer and water will service the site in underground facilities as required. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby confirm the conclusion that the Addendum to Environmental Impact Report #41 assessed the environmental concerns of this Tentative Tract Map; and, 4. That it does recommend approval to the City Council of Tentative Tract Map 30125 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: A4 G:\WPDOCS\PCResoKSLTT30125.WPD `�l1 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California A5 215 G AW PDOCS\PCReso KSLTT301 25. W PD PLANNING COMMISSION RESOLUTION 2001- TENTATIVE TRACT MAP 30125 CONDITIONS OF APPROVAL MAY 8, 2001 GENERAL 1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of §§66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC)• 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. u 3 b G:\WPDO CS\PCReso KSLTT30125.WPD� Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 4. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Applicant shall provide an easement of sufficient width to allow the construction of a retaining wall to be extended from the applicant's retaining wall adjacent to Eisenhower Drive. 8. Right of way dedications required of this development include: A. PUBLIC STREETS 1 . Eisenhower Drive (Primary Arterial) - 50-foot half of the 100-foot right of way. 2. Avenue 50 (Primary Arterial) - 50-foot half of the 100-foot right of way, measured from the existing improvement construction centerline. B. PRIVATE STREETS 1. Residential (Street Lots A-F): 31-foot minimum width with roll - type curb (providing minimum travel width of 28-feet, measured gutter flow -line to gutter flow -line). Right of way may be reduced to 29-feet with vertical curbs. On -street parking is prohibited provided and the applicant must make provision for ongoing enforcement of the restriction. 2. Private Gated Entry: 82-feet or as required to provide adequate egress and turn -around for non -admitted visitors, as approved by the City Engineer. u37 3. Emergency Access (Lot G): 25-foot. ^} G:\WPDO CS\PCReso KSLTT30125.WPD �� / Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 C. CULS DE SAC 1 . Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot radius for vertical curbs and 41-foot radius for rolled curbs to provide travel radius of 38-feet measured gutter flow -line to gutter flow -line, or larger. 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for the existing bus turnout on Avenue 50. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. 12. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 13. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 14. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. G:\WPDOCS\PC Reso KSLTT301 2 5.WPD ,. 213 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 16. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 17. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 18. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 19. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAPISI 20. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. 039 r , G:\WPDOCS\PCResoKSLTT30125.WPD 2 1 9 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 22. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. 23. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 24. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 25. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map) Q I irg •J e G:\WPDOCS\PC Reso KS LTT30125.WPD r Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 26. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 27. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or - occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 28. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 29. Provide 2-foot wide flat areas between Lots 1-5 and 55-61 and the water features adjacent to said lots for pedestrian traffic. The pedestrian walking area should be adjacent to the lot lines. 30. Slopes adjacent to the golf course water features shall not exceed 3:1. u4 G:\WPDOCS\PCReso KS LTT30125.WPD - 221 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May S, 2001 31. Prior to issuance of a grading permit, applicant shall submit written verification of the Water Quality Control Board's acceptance of applicant's filing of the Notice of Intent (N01) to comply with State and Federal NPDES regulations. 32. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 33. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 34. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 35. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 36. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 37. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 38. Stormwater shall normally be retained in the golf course water features. A2 G:\WPDOCS\PCReso KS LTT30125.WPD 2 '/ �a Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 39. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 40. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 41. Nuisance water shall be retained on site and disposed of in an approved method 42. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 44. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. REQUIRED IMPROVEMENTS 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. A3 GAW PDO CSTCReso KSLTT 3012 5.WPD 2`�3 Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 46. Provide safety railing along the top of the retaining wall adjacent to Lot 53. Safety railing shall be capable of providing for the safety of pedestrians and occupants of golf carts. 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1. Eisenhower Drive (Primary Arterial)- Applicant shall comply with the approved Condition of Approval, No. 10, Tentative Parcel Map 28334, which is worded as follows: "As a condition of any final map or other land action allowing development of any portion of this property, the following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: Eisenhower Drive (Primary Arterial) - 76' between curb faces with a 12' raised median along the full frontage of this parcel map." Condition to be amended to read: Applicant shall construct half street improvement in compliance with the General Plan along the full frontage of Eisenhower, comprising that portion of Tentative Parcel Map 28334 and Tentative Tract Map 30125, to a point 60- feet north of the southwest property corner of Tract 28334, Parcel 3. Applicant shall construct six foot meandering sidewalk and 12- foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Applicant shall enter a secured agreement for the cost of the half street improvement from the point 60-feet north of the southwest property corner of Tract 28334, Parcel 3, to the north terminus of the future Eisenhower Drive bridge improvement. 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Ave. 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. A4 G AWPDOCS\PCReso KSLTT30125. WPD 24 Y Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 B. PRIVATE STREETS 1 . Residential (Lots A-F): 28-foot travel width, minimum, measured gutter flow -line to gutter flow -line. On -street parking shall be prohibited and applicant will provide for perpetual enforcement of the restriction by the homeowner's association. 2. Emergency Access (Lot G): Minimum 20-foot travel width, measured gutter flow -line to gutter flow -line. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius, measured gutter flow -line to gutter flow - line. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 49 The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 50. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 51. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 52. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. A5 GAWPDO CSTCReso KSLTT30125. W PD Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 54. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 55. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Enqineer. G:\WPDO CS\PCResoKSLTT30125. W PD AG 24 E Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 61. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 62. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 63. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 64. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. u 47 L Planning Commission Resolution 2001- TTM 30125 - KSL Development Corp. May 8, 2001 65. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 66. Prior to any earthmoving activities, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. M ATTACHMENT #1 MILES i AVENUE PROJECT `J N 48th H W AVENUE SITE N o 50th AVENUE La c cz i � W u 52th AVENUE 3 0 x Z W N LJ 54th AVENUE CASE MAP CASE No. u49 24 ATTACHMENT #3 Architectural & Landscape Review Committee Minutes May 2, 2001 2. Committee Member Bobbitt asked staff to identify the location of to the mobile home park and across from the Hi School. Committee Member Bobbitt asked what zoning was quired for a church. Staff stated it could go anywhere with conditional use permit. Committee Member Bobbitt state a concurred with staff's recommendation. 3. Committee Member Cunningham st d they have a long way to go architecturally before the buildi elevations could be approved. The applicant needs to be mo 1 involved with the community around where the building wi be built. He recognizes there may be financial constraints, b they should obtain assistance from a professional architect to dd be to the building as this building is within the public e 4. Comm/win er Bobbitt stated he concurred. If they do not want s, then some type of architectural style should be adreet frontage. 5. Commers Cunningham stated this is not the typical architthat has been approved in La Quinta. 6. T re being no further discussion, it was moved and seconded by ommittee Member Cunningham/Bobbitt to adopt Minute Motion 2001-022 recommending approval of Site Development Permit 2001-702, subject to the conditions as amended: a. Condition #1 : replace the main gable roof with a hip roof. b. Condition #6: 1.5 caliper size tree. D. Specific Plan 121-E Amendment #4 and Site Development Permit 2001- 703; a request of R. C. Hobbs Company/KSL Company for review of landscaping and architectural plans each with three facades, including perimeter landscaping for a 17.82 acre site. Planning Consultant Nicole Crist presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked what the wall would consist of. Mr. Hobbs, the applicant, stated it would be stuccoed. Committee G:AWPDOCSVALRC5-2-Ol.wpd 3 i 150 Architectural & Landscape Review Committee Minutes May 2, 2001 Member Bobbitt stated his concern was that a "power wall", filled with foam, would not allow vines to be attached. Mr. Forrest Haag, landscape architect for the project, stated they used the trellis at the La Quinta Resort instead of the conventional use of screws. 3. Committee Member Cunningham stated that foam walls were not allowed in Palm Desert. 4. Committee Member Bobbitt elaborated on the problems they have with the "power wall" at PGA West. Mr. Hobbs noted they were not on a zero lot, but had five foot setbacks which gave them more room for landscaping. 5. Committee Member Bobbitt asked the height of the tower element. Staff stated 22 feet as noted on the site plan. Committee Member Bobbitt stated he liked the project. 6. Committee Member Cunningham stated he like the project. 7. Planning Manager Christie di lorio asked what the rear elevation would look like as it will be seen from the street. Committee Member Cunningham stated there was enough articulation that it did not matter. 8. Committee Member Bobbitt stated his concern about the planting of trees when there is not enough room for tree growth and how they become a maintenance issue. 9. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2001-022 recommending approval of Site Development Permit 2001-703, subject to the conditions. Unanimously approved. E. 1,S jto Develo ment Permit 20 1- 93; a request of JR Properties for The 99 res for review of landscaping and architectural plans for a shopping c including a 23,000 square foot store. 1. Planning Consu Nicole Criste presented the information contained in the staff repQrt, a copy of which is on file in the Community Development Dep ent. 2. Mr. Jeff Rothbard, representing JR Propertl tated they agreed with Conditions #1-5. On Condition #6 they wou a to request i151 G:AWPDOCSVALRC5-2-0I.wpd 4 - ��� PH #G STAFF REPORT PLANNING COMMISSION DATE: MAY 8, 2001 CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2001-421, GENERAL PLAN AMENDMENT 2000-073, SPECIFIC PLAN 84-004 (AMENDMENT #4) AND AMENDMENTS TO PARCEL MAP 20469, AND TRACT MAPS 27840, 28343, 28640, 28912, 27952, 27952, 27835, 29403, 25154, 29457, AND 29283 APPLICANTS: WATSON & WATSON ENGINEERING AND FORREST K. HAAG, ASLA, INCORPORATED PROPERTY OWNER: T. D. DESERT DEVELOPMENT REQUESTS: RECOMMEND TO THE CITY COUNCIL FOR APPROVAL OF: (1) MODIFICATION OF CHAPTER 7 (POLICY 7-1.4.3) OF THE INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT TO ALLOW AN EXEMPTION TO THE UNDER -GROUNDING OF UTILITY LINES THAT ARE ATTACHED TO JOINT -USE 92 KV TRANSMISSION LINES (CITYWIDE); (2) ESTABLISH NEW GUIDELINES AND STANDARDS FOR OVERHEAD UTILITY LINE UNDER -GROUNDING AND ADDING FIVE ACRES TO THE MASTER PLANNED COMMUNITY; (3) AMEND THE CONDITIONS OF APPROVAL FOR THESE SUBDIVISION MAPS TO ELIMINATE THE REQUIREMENT TO UNDERGROUND OVERHEAD UTILITIES LINES ON 92 KILOVOLT TRANSMISSION LINES; AND (4) SUBDIVIDE 283 ACRES INTO 265 RESIDENTIAL AND OTHER COMMON LOTS LOCATION: BOUNDED BY AVENUE 48, AVENUE 50, JEFFERSON STREET, AND WASHINGTON STREET WITHIN RANCHO LA QUINTA COUNTRY CLUB; THE GENERAL PLAN AMENDMENT APPLIES TO ALL PROPERTY WITHIN THE CITY LIMITS ENVIRONMENTAL CONSIDERATION: ENVIRONMENTAL ASSESSMENT 2001-421 WAS PREPARED FOR THE ABOVE -MENTIONED APPLICATIONS SRPC SP004 Final Rancho - Greg T. 0 4/23;5/1 Page I of 5 L f 2 BACKGROUND: IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDS THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. Previous City Council Review At the February 15, 2000 City Council meeting, T. D. Desert Development requested a waiver to the under -grounding of utility lines on high voltage power poles surrounding Rancho La Quinta pursuant to Chapter 8.030 of the La Quinta Charter and Municipal Code. The City Council, on a 5-0 vote, instructed the applicant to "prepare and submit the necessary amendments for the Rancho La Quinta Specific Plan and Tract Maps." See Attachment #1. Project History On June 1, 1999, the City Council adopted Resolution 99-73 approving a third amendment to SP 84-004 that reduced the amount of Tourist Commercial acreage from 40 to 10, and number of residential units to 1,300 located generally on the east side of Washington Street, on the west side of Jefferson Street, on the north side of 50`h Avenue, and south side of 48`h Avenue. This Amendment also modified the on - site street system and various graphic exhibits and tables (Attachment #2). The Rancho La Quinta Specific Plan has established guidelines and standards for the distribution of land uses, location and sizing of supporting infrastructure, development standards, and requirements for public improvements. Specific Plan 84-004 was amended on May 19, 1998, by adoption of City Council Resolution 98-47, permitting 1,414 single family houses surrounding two 18-hole golf courses and other Tourist Commercial activities. In 1984, the City Council approved Specific Plan 84-004 (The Grovel and certified Environmental Impact Report #90 allowing a mixed use development of residential, golf and tourist commercial uses on approximately 682 acres. Tentative Tract Map 29457 was approved by the City Council on January 4, 2000, allowing development of approximately 277.9 acres into 262 single family lots on private street adjacent to the existing golf course for property generally west of Jefferson Street and south of Avenue 48 by adoption of Resolution 2000-02 on a 3-0 vote. SRPC SP004 Final Rancho - Greg T. O 4/23;5/1 Page 2 of 5 0 12 Project Request In addition to the Environmental Assessment, the following applications have been filed: General Plan Amendment to amend General Plan Policy 7-1.4.3 to allow all existing utility lines attached to joint -use 92 Kv transmission power poles to be exempt from under -grounding (i.e., citywide). 2. Specific Plan Amendment to modify the development standards and design guidelines by adding five acres and modifying the under -grounding requirements for utilities on joint -use 92 Kv transmission power poles (Attachments #3 and #4). The total number of proposed residential units for the development is unchanged. This Plan identifies four planning areas for development. 3. Various Parcel and Tract Map Amendments request to modify the City Council Resolutions requiring high voltage overhead lines to be under -grounded. 4. Tract Map 29457 is being amended to add the new five acres for the ultimate development of 265 residential and other common lots on 283 acres (Attachment #5) for property generally west of Jefferson Street. Public Notice This project was advertised in the Desert Sun newspaper on April 16, 2001, and all property owners within 500-feet of the affected area were mailed a copy of the public notice. Additionally, property owners in the development were sent a copy of the public hearing notice. To date, no written comments have been received. Public Agency Review This request was sent out for comments to City Departments and affected public agencies in March and a copy of the public hearing notice was mailed in April to all affected public utility agencies. Agency comments received have been made a part of the Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings necessary to approve this request can be made and are contained in the various attached Resolutions. SRPC SP004 Final Rancho - Greg T. ® 4/23;5/1 Page)3 of 5 u V 3 G RECOMMENDATIONS: 1. Adopt Planning Commission Resolution 2001-_, recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-421 for the following cases; and 2. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of General Plan Amendment 2000-073, subject to findings; and 3. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Specific Plan 84-004 (Amendment #4), subject to findings and conditions; and 4. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 29457 (Phases 1 and 2) and Tract 29457 (Amendment #1), subject to findings and conditions; and 5. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 27952 and Tract 27952 (Amendment #1), subject to findings and conditions; and 6. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Parcel Map 20469, subject to findings and conditions; and 7. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 27840, subject to findings and conditions; and 8. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 28343, subject to findings and conditions; and 9. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 28640, subject to findings and conditions; and 10. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 28912, subject to findings and conditions; and SRPC SP004 Final Rancho - Greg T. 0 4/23;5/1 Page 4 of 5 U 0 4 11. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 27835, subject to findings and conditions; and 12. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 29306, subject to findings and conditions; and 13. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 25154, subject to findings and conditions; and 14. Adopt Planning Commission Resolution 2001-_, recommending to the City Council approval of Amending Tract 29283, subject to findings and conditions. Attachments: 1. 2-12-2000 City Council Minutes 2. SP 84-004 Land Use Map 3. Land Use Map 4. Land Use Summary Exhibit Map 5. TTM 29457 (3 pages) 6. Large Exhibits and SP Documents - Commission only by: Associate Planner Submitted by: Christine di lorio, Planni g Manager SRPC SP004 Final Rancho - Greg T. ® 4/23;5/1 C Page 5 of 5 U U 233 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-421 PREPARED FOR GENERAL PLAN AMENDMENT 2000-073, SPECIFIC PLAN 84-004, AMENDMENT #4, TENTATIVE TRACT MAP 29457, AMENDMENT #1, AMENDMENT TO CONDITIONS OF APPROVAL FOR PARCEL MAP 20469 AND TRACT MAPS 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 AND 29283 ENVIRONMENTAL ASSESSMENT 2001-421 APPLICANT: WATSON & WATSON ENGINEERING WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8th of May, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-421 for General Plan Amendment 2000-073, Specific Plan 84-004, Amendment #4, Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 located between Washington and Jefferson Streets, south of Avenue 50, in the City of La Quinta; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-421) and has determined that although the proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Assessment and included in the Conditions of Approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending certification of said Environmental Assessment: 1. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, ,�,j UU6 P:\GREG\PCResoRLQEA421.wpd L 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-421. 2. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 (Amendment #4), Tentative Tract Map 29457( Amendment #1), Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed General Plan Amendment 2000-073, Specific Plan 84-004 - Amendment #4, Tentative Tract Map 29457 (Amendment #1), Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed General Plan Amendment 2001-073, Specific Plan 84-004, Amendment #4, Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The Planning Commission has considered the Environmental Assessment 2001- P:\GREG\PCResoRLQEA421.wpd J 421 and the Environmental Assessment reflects the independent judgement of the City. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-421 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8th day of May, 2001, by the following vote, to wit: AYES: NOES: F-11.1.1IFe1I i!; STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California P:\GREG\PC Reso RLQEA421. wpd Environmental Checklist Form 1 . Project Title: General Plan Amendment 2000-073, Specific Plan 84- 004, Amendment #4, Tentative Tract Map 29457, Amendment #1, Amendment to Conditions of Approval for Parcel Map 20469 and Tract Maps 27840, 28343, 28640, 28912, 27952, 27835, 29306, 25154, 29457 and 29283 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125 4. Project Location: South side of Avenue 48, between Washington and Jefferson Streets and to the north of Avenue 50. General Plan Amendment is Citywide 5. Project Sponsor's Name and Address: Watson & Christiansen Engineering 77682 Country Club Drive, Suite F2 Palm Desert, CA 92211 6. General Plan Designation: Low Density Residential, Golf and Tourist Commercial 7. Zoning: Low Density Residential, Golf Course and Tourist Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment to modify the current General Plan standard requiring the undergrounding of utility lines. The Amendment would allow low voltage lines on joint -use with 92kV lines to remain above ground. Specific Plan amendment and Tentative Tract 29457 to add 5 acres to the existing project site. Amendment to the Conditions of Approval on all other maps listed to allow for overhead low voltage utility lines to remain on 92 Kv lines. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. Project is surrounded on all sides by streets. Beyond the streets: North: Low Density Residential and Regional Commercial South: Low Density Residential. West: Low Density Residential and Golf Course East: Riverside County lands, generally low density residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or P:ACEQAchecklistBA 01-421.wpd tt ((yy participation agreement.) 11VCEQAchccklistEA 01-421nvpd �� T 21 �. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards and Hazardous Public Services Materials Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are impose( upon the proposed project, nothing further is required. Print Name Date CITY OF LA QUINTA For I-, ❑X I-J FN VACGQAchecklistCA 01421.wpd U ` 3 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off - site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. P:\CEQAchecklistEA 01-421.wpd 4 o1 lo- Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact KI X f: X E X X 7 2 P:\GREG\EA cklstRancho LQ.WPD U13 74A c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Specific Plan Project Descr.) e) Create objectionable odors affecting a substantial number of people? (Specific Plan Project Descr.) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, Exhibit 5-1) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Historic/Archaeological Survey, CRM Tech, March 2001) X X X 0 FA X X K4 X P:\GREG\EA cklstRancho LQ.WPD u14 7s b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Historic/Archaeological Survey, CRM Tech, March 2001) c) Disturb or destroy a unique paleontological resource or site? (Lakebed Delineation Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (Historic/Archaeological Survey, CRM Tech, March 2001) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4- 30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) X X 3 X 0 M K1 X Q1 X X u1 P:\GREG\EA cklstRancho LQ.WPD M Vill. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR, page 4- 57 ff.) X X X X X X X X F2 X X P:\GREG\EA cklstRancho LQ.WPD I 8 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-57 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-57 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, p. 4-157 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan EIR, p. 4-157 ff.) X X X X X X 94 9 KI X 24^ P:\GREG\EA cklstRancho LQ.WPD q 9 Ua c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. 4-157 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (MEA, p. 6-15 ff.) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (MEA, p. 6-15 ff.) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. I XIV. RECREATION X X X 3 X X X X X X X a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) X P:\GREG\EA cklstRancho LQ.WPD U ` 8 10 2r`? XV XVI. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Application materials) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application materials) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application materials) UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4- 20) X X X X X X X 7 X X P:\GREG\EA cklstRancho LQ.WPD e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. EI X 3 X U U Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Impact Report #90 was used the preparation of this report. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. P:\GREG\EA cklstRancho LQ.WPD 12 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. City of La Quinta Municipal Code Historical/Archaeological Resources Survey Report Five Acre Addition to Rancho La Quinta, CRM Tech, March 2001 P:\GREG\EA cklstRancho LQ.WPD 13 Addendum for Environmental Assessment 2001-421 a) & c) The General Plan Amendment proposes to allow utility lines which currently occur on poles which carry 92 kV lines to remain on those poles, as the 92 kV lines are not required to be under -grounded. The other utility lines could include other lower -voltage electrical lines, telephone, cable television and similar providers. The poles are generally located in or adjacent to the public right of way of major roadways in the City. Many of these roadways are also designated Image Corridors in the General Plan. The electrical poles which carry 92 kV lines would remain under current General Plan regulations, since they are too costly to underground, and are not required to be undergrounded by City policy. The only change to the aesthetic environment which would occur with the proposed amendment is that the additional wires, which occur at a lesser height than the 92 kV lines, would remain. The amendment also proposes the use of landscaping to help to lessen the impact of these lines on the visual environment. Finally, since the greatest visual impact of these lines is the poles on which they occur, not the utility lines themselves, and since the poles would remain to carry the 92 kV lines regardless of the General Plan Amendment, and since the addition of landscaping would be included in the General Plan Amendment, the impact to the aesthetics along Image Corridors is not expected to be significant. Ill. c) & d) The proposed Tract Map Amendment will create seven residential lots and one retention basin lot on a five -acre parcel. The primary impacts to air quality from these lots will be from mobile emitters. The trips generated by seven residential lots will not be significant, nor will the trips generated for the maintenance of the well site. The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). Dust will be created by the proposed project during construction. In order to control PM10, the City has imposed standards and requirements on development to control dust. These are integrated into the following mitigation measures: 1. No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. The applicant shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. (122 P:\GREG\EA 421 Adden Rancho.WPD 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an ongoing basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 1 1 . All residences on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from the proposed project fall within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. IV. a) The proposed project occurs within the fee payment area of the Coachella Valley Fringed -toed Lizard Habitat Conservation Plan (CVFTL HCP). The proposed project also occurs in a blowsand hazard area. The project site may U� P:\GREG\EA 421 Adden Rancho.WPD 9 C J1: be habitat for the Coachella Valley Fringed -toed lizard. The California Department of Fish and Game has declared that since it was not a signatory to the CVFTL HCP, it is currently requiring mitigation for this species as required by CESA. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1 . Prior to the issuance of grading permits on the 5-acre addition to Specific Plan 84-004, the project proponent shall complete, or cause to be completed, a biological resource analysis on the subject property. Such a study shall be undertaken by a qualified biologist, utilizing protocols established for the Fringed -toed Lizard. The biological analysis shall include a final report, to be submitted to the Community Development Department for review and approval. The report shall include mitigation measures, if required should the species be present on site. V. b) A cultural resource survey and testing program was conducted for the subject property'. The survey found no resources on the site. The project archaeologist does recommend, however, that given the high occurrence of significant sites in the City, it is possible that buried artifacts could be encountered during the construction process. In order to mitigate this potential impact, the Historic Preservation Commission recommends the following mitigation measure shall be implemented: 1 . A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of building permits for the first production residence in Tract 29457. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. In order to protect the City from this hazard, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) & c) The proposed project site is composed primarily of sandy soils, and is located in a blowsand hazard area. Sandy soils must be properly compacted prior to Historical/Archaeological Resources Survey, prepared by CRM Tech, March 2001. P:\GREG\EA 421 Adden Rancho.WPD u 2 4 2 5 ,7, construction to assure long-term stability. The City Engineer will be required to review excavation and compaction plans for the proposed project site prior to the issuance of grading permits. The following mitigation measure will be required in order to reduce the impacts of unstable soils on the proposed site: 1 . Prior to issuance of a grading permit, the project proponent shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure(s) being constructed. VIII. d) & f) The proposed project, through the construction of residential units, will create impermeable surfaces, which will change drainage patterns in a rain event. The project site is located in Flood Zone A. The project will be required to meet the City's standards for retention of the 100-year storm on -site, and to address on - site flooding potential during a 100-year storm. This will control the amount of runoff which exits the site during a storm. The site's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. XI. a) & c) The proposed Tract Map Amendment is located in an area which currently meets the City's noise standards. The addition of seven housing units and a well site are not expected to generate excessive noise levels, and the impacts to surrounding existing sensitive receptors is not expected to be significant in the long term. The construction of the well site and seven residences will create short term noise impacts to the surrounding existing sensitive receptors. In order to ensure that these impacts are mitigated, the following shall be implemented: 1 . All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 2. Construction staging areas shall be located as far from existing residential development as possible. 3. Prior to the initiation of well drilling activities, the Coachella Valley Water District shall complete the construction of a wall around the drilling site, to reduce noise levels emanating from the drilling activity. P:\GREG\EA 421 Adden Rancho.WPD vC­ ^ Fl- ) / j / \ Q \ \ / ) \ § \ � $ ( \ ( \ \ . _ 2 } � � � z « ) ■ � k \:j m ® 4{ ( / \}\ §J\eggz2» \ 4 )/\)�)\\\ 2 Cd —§ § E� \ _ 2 e�e,wmw m b / 2242a*g&e 3 Q ) } \ / ) \ \ / \ � w § _ )j \� / ) § a/ u \/ �w K { 2 \( � eo � � � §E =2 � ,( c� �°§ \ ) \\§ ( \ } \ 257\ U2G` W F a a � U d CWa O V U U b .U. O a b b b tVJ U 7 V V V N ti O N O Y O N O C-0 a a a a a as a a.P. u O � C y aoi � c4 o W bA Gy U U bA CA C-0 O C� U �1 U U U U oa U p z a O r-' /- L' fC 'b N � (❑❑y W F a a zU � d rCG�a Fa. V O U U a W U ° F ry O w Ca U 5 �o C7 w 0 r+ OJ V IH F f6 vOi ti 0 O a a O � N wz � C o oz Q m U Ca b ° 0 z o w � d � w W d a'n � w N \ \gz \� j ; 2 ° \\( 3;R � 2 § � � ) j /k ) (\ 36 § \ § �§ } [/ /\ / ){ ; )\ ¥ 2 \ u) \§ \ § /\ 2 u \}, z« \\}\\ &%&4Q E? _ \/ \ § \\ \ \e c # =e & \ \� ; \� i � / \ / $ , § � ) \E )/ /k § / » S ( \ a _ t u \ � \ � •• } \� ; \� / ¢ § _ / ) / _ $ { ) § / / e \ )) 2 y / / ) ( cj { \ \ [b $\ ! \ \\ \ ) § \ \ \ \ U� zb9 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE GENERAL PLAN AMENDMENT TO MODIFY GENERAL PLAN POLICY 7-1.4.3 TO ALLOW EXISTING OVERHEAD UTILITY LINES TO REMAIN ON TRANSMISSION LINES OF 92 KILOVOLTS ALONG ARTERIAL STREETS IN THE CITY CASE: GENERAL PLAN AMENDMENT 2000-073 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81h day of May, 2001, hold a duly -noticed Public Hearing to consider amending the City of La Quinta General Plan Infrastructure and Public Services Element (Policy 7-1 .4.3) to allow existing overhead utility lines to remain on joint -use 92 Kv transmission lines adjacent to Arterial Streets in the City of La Quinta. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.230.020 of the Zoning Ordinance to justify a recommendation for approval of said General Plan Amendment: 1 . The proposed Amendment is consistent with the goals, objectives, and policies of the General Plan Circulation Element which defines the design standards for the primary circulation system for the City stating that vertical landscaping (i.e., palms) shall be used with trees to create landscape themes on Image Corridors to reduce the visibility of overhead transmission lines. 2. The proposed Amendment is consistent with the policies of the City to allow high voltage lines to remain along arterial thoroughfares it that maintenance costs in the long term will be less for IID and its contractors. 3. The proposed change to allow the existing overhead utility lines to remain in place does not change the visual character of the City in that the high voltage lines would exist regardless of this proposed change. 4. Approval of the Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the utility lines already exist and where installed to state and federal standards and requirements. 5. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; and A:ARESOPC GPA73 Rancho.wpd - Greg U30 261 Planning Commission Resolution 2001-_ General Plan Amendment 2000-073 (City-wide) May 8, 2001 Page 2 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 3. That it does hereby recommend approval of the above -described General Plan Amendment request for the reasons set forth in this Resolution per attached Exhibit "A." PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 81h day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California v3]. A A:ARESOPC GPA73 Rancho.wpd - Greg GENERAL PLAN AMENDMENT 2000-073 EXHIBIT "A" Existing General Plan Policy (7-1.4.3) The City shall require the under -grounding of all existing and proposed overhead electric lines, less than 12.5 kilovolts, to enhance the visual quality of the City. Proposed General Plan Policy (7-1.4.3) The City shall require the under -grounding of all existing and proposed overhead electric lines, less than 12.5 kilovolts, to enhance the visual quality of the City. All existing utility lines attached and parallel to joint -use 92 Kv transmission power lines are exempt from the under -grounding requirement. Should under -grounding costs become conductive in the future for high voltage transmission lines, the City, in conjunction with other public agencies and private property owners, shall explore ways to remove the overhead lines from Image Corridors through such methods as an assessment district, etc. Until removal can take place, vertical landscaping shall be installed outside the utility easement corridor to screen the power poles and guyed wires pursuant to the policies prescribed in Chapter 2 (Circulation Element) of the General Plan. A2 263 PLANNING COMMISSION RESOLUTION 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 84-004 (AMENDMENT NO. 4) FOR A MIXED USE DEVELOPMENT CONSISTING OF A COMBINATION OF RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 723 ACRES, GENERALLY BOUNDED BY WASHINGTON STREET, JEFFERSON STREET, AVENUE 48, AND AVENUE 50) CASE NO. SP 84-004, AMENDMENT NO. 4 APPLICANT: T.D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8" day of May, 2001, hold a duly -noticed Public Hearing to consider Specific Plan Amendment No.4 to allow a mixed use development consisting of a combination of residential, golf course, tourist commercial and retail uses on 723 acres, generally bounded by Washington Street, Jefferson Street, Avenue 48, and Avenue 50; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Assessment was conducted for Specific Plan 84-004 (Rancho La Quintal in 1998, for the overall development of the Rancho La Quinta Country Club. A Mitigated Negative Declaration to the Addendum to Environmental Impact Report No. 90 was certified by the City Council (Resolution 98-47) on May 19, 1998. WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Specific Plan Amendment No. 4: A:\resoPC SP84-004amdo.4 U 3 J 26" Planning Commission Resolution 2001- Specific Plan 84-004, Amendment #4 Rancho La Quinta CC May 8, 2001 1 . That the proposed Specific Plan Amendment No. 4 is consistent with the goals and policies of the La Quinta General Plan in that the proposed land use designations of Residential, Golf Course/Open Space, and Tourist Commercial are allowed General Plan uses. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses and circulation will require Planning Commission and City Council review and approval of future development plans, which will ensure adequate conditions of approval. 3. That the Specific Plan Amendment No. 4 is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate site access and off site street improvements. 4. That the project will be provided with adequate utilities and public services to ensure public health and safety. 5. That the Specific Plan Amendment No-4 is consistent with the current Specific Plan approval and amendment process. 6. That the proposed Specific Plan Amendment No. 4 is conceptual; further review will be required under a Site Development Permit review process at which time project related conditions will be attached to mitigate impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and 3. That it does hereby approve the above -described Specific Plan Amendment request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. u34 A:VesoPC SP84-004amdo.4 267 Planning Commission Resolution 2001- Specific Plan 84-004, Amendment #4 Rancho La Quinta CC May 8, 2001 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 81h day of May, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California APPROVED AS TO FORM: JERRY HERMAN, Community Development Director City of La Quinta, California u35 A:\resoPC SP84-004amdo.4 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 84-004, AMENDMENT NO. 4 MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . Land divisions within Specific Plan 84-004 (Amendment #4) shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 2. Prior to the issuance of a grading or building permits for any facilities contemplated by this approval, the applicant shall obtain permits and/or clearances from the following departments or agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (Potable water supply and work within the La Quinta Evacuation Channel) • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 3. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. kl3G COA.SP84-004AMDA04 �U� Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 2 PROPERTY RIGHTS 4. All easements, rights of way and other property rights required of or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of final maps or parcel maps or a waivers of parcel maps lying over or adjacent to the required property rights. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 5. Prior to approval of final maps, parcel maps or grading plans and prior to issuance of grading permits, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 6. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 7. The applicant shall grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way grants required of this development include: A. Washington and Jefferson Streets - Sixty -foot halves of 120' rights of way B. Avenues 48 and 50 - Fifty -five-foot halves of 1 10' rights of way Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. COA.SP84-004AMD.N04 2 u3� 26 Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 3 The applicant shall grant the above rights of way withing sixty days of written request by the City. 9. The applicant shall grant flood easements to CVWD for all areas of the development below the elevation of 50.00 feet which are not drainage isolated Ito elevation 50.00) from the La Quinta Evacuation Channel. The applicant shall endeavor to offer easements over currently -improved portions of the channel within six months of the approval of this specific plan update. Easements over unimproved portions shall be offered for dedication when subdivided or otherwise approved for construction. 10. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 1 1 . The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Washington Street - As constructed at the time of this Specific Plan update B. Avenues 48 and 50 and Jefferson Street - 20 feet. Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the property being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 12. The applicant shall vacate abutter's rights of access to Washington and Jefferson Streets and Avenues 48 and 50 from lots abutting the streets. Direct access to these streets shall be restricted to entry/exit drives approved by the City. COA.SP84-004AMD.N04 3 038 90 Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 4 13. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. FINAL MAP(S) AND PARCEL MAP(Sl 14. Prior to approval of any land division map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 15. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. COA.SP84-004AMD.NO4 4 v39 r•1 L r� 3f ) Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 5 Plans for improvements not listed above shall be in formats approved by the City Engineer. 16. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. 17. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 18. When final plans are approved by the City, and prior to approval of the land division map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 19. The applicant shall construct improvements and/or satisfy obligations, or furnish executed, secured agreements to construct improvements and/or satisfy obligations required by the City prior to approval of final or parcel maps or issuance of certificates of compliance for waived parcel maps. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. COA.SP84-004AMD.NO4 5 u40 1 - �r� Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 6 20. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 21. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which are or have been constructed by others (participatory improvements). At the time of approval of this specific plan update, known participatory improvements consist of the following: Avenue 48 - Reimburse the A.G. Spanos Company in the amount of $60,555.59 for pavement and median curbing installed on the south side of Avenue 48 between Washington and Adams Streets as part of offsite improvements for Tract 24230 - Lake La Quinta. This amount shall be reduced by the applicant's approved costs for installation of landscaping in the north half of said median. GRADING 22. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 23. Prior to occupation of development sites for construction purposes, the Applicant shall submit and receive approval of Fugitive Dust Control plans prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. Al COA.SP84-004AMD.NO4 6 21? Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment k4 - Rancho La Quinta May 8, 2001 Page 7 24. The applicant shall comply with the City's Flood Protection Ordinance. The applicant shall coordinate with the Federal Emergency Management Agency's National Flood Insurance Program and take steps as necessary to ensure that residential properties abutting the La Quinta Evacuation Channel are not subject to the flood insurance associated with the Flood Zone A designation of the Channel. 25. The applicant shall furnish a thorough preliminary geological and soils engineering report ("soils report") with grading plans. 26. Grading plans shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of grading permits. The grading plan shall conform with the recommendations of the soils report(s) and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final map(s) that soils reports have been prepared pursuant to Section 17953 of the Health and Safety Code. 27. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to issuance of building permits, the applicant shall provide documents, bearing the seal and signature of a California registered civil engineer or surveyor, that list actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by map and lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 30. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: COA.SP84-004AMD.N04 .7 U /A� 2 / e `Li / 3 Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 8 31, The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 33, Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 34. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 35. Nuisance water shall be retained on -site. 36. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may required under the City's NPDES Permit or other City- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The tract CC & R's shall reflect the existence of this potential obligation. UTILITIES 37. shall be undergiretind. evver which All existing and proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. 38. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the hardscape improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. COA.SP84-004AMD.NO4 8 u4'' Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 9 STREET AND TRAFFIC IMPROVEMENTS 39. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the land being divided may be subject to the provisions of the ordinance. 40. The applicant shall develop all internal roads in accordance with the design standards specified in the specific plan and the structural standards in effect at the time of tentative tract approval. All internal roads shall remain private. The minimum street width shall be 36 feet as measured between curbfaces or flowlines except as follows: A. Single -loaded residential streets - 32-feet minimum. B. Streets may be constructed to minimum widths of 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, if there is adequate off-street parking for residents and visitors and the applicant provides for enforcement of the restrictions by the homeowners association The following minimum off -site street improvements shall be constructed to conform with the General Plan street type noted in parentheses: C. Washington Street and the portion of Avenue 48 from Washington Street to Dune Palms Road have been constructed by the applicant at the time of this Specific Plan Amendment. D. Avenue 48 (Primary Arterial) - Reimburse the City for the cost to construct the applicant's half of this street from Dune Palms Road to Jefferson Street. E. Jefferson Street (Major Arterial) - Fifty -one -foot half of 102 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. F. Avenue 50 (Primary Arterial) - Forty -three-foot half of 86 feet improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. COA.SP84-004AMD.N04 9 U 4 4 f / „3 Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 10 G. Traffic signal at Jefferson Street and Avenue 48 - 25% responsibility for the cost to design and construct. H. Traffic signals on Avenue 48 at Adams Street, at Dune Palms Road - 50% responsibility for the cost to design and construct. Traffic signal at Avenue 50 entrance - 50% responsibility for the cost to design and construct. J. Traffic Signal at Jefferson Street and Avenue 48 - 50% responsibility for the cost to design and construct. The Applicant shall be solely responsible for any modifications required to adapt existing signals for the opening of this developments entries. Signals shall be secured (reimbursed if already constructed by others) with development approvals for the entries affected and shall be constructed prior to the opening of the entries unless otherwise approved by the City Engineer. Corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. In the event any of the above improvements are constructed by the City prior to the Applicant recording a final map pursuant to the phasing concept approved for this Specific Plan, the Applicant shall reimburse the City, at the time the final map is approved by the City Council, for the cost of that portion of the improvements constructed by the City at City expense that are required by these Conditions of Approval. 41. The minimum rate of progress on the applicant's remaining responsibility for off - site streets (approximately 2.1 of the original 3.1 miles of improvements) shall be as follows: A. The applicant shall reimburse the City for the cost of improvements to Avenue 48 between Dune Palms Road and Adams Street at the time of approval of the next final map or other development approval providing additional residential or resort guest property. B. The applicant shall secure the estimated cost of Jefferson Street improvements (or reimburse actual costs if already constructed) as follows: u 4 5 COA.SP84-004AMD.NO4 10 7 in Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 11 1) Prior to construction of permanent, non -emergency access to this street, or 2) At the time of approvals allowing residential or resort guest uses in the portion of the specific plan area lying within one quarter mile of the centerline of Jefferson Street. This obligation may be pro rated with development approvals for the first 80 percent of such property within that area until permanent non -emergency access is provided to Jefferson Street or the City Engineer determines that improvements are needed, in part, because of traffic generated by the specific plan area. 3) Construction or reimbursement shall be complete prior to approval of the final 20 percent of the residential or resort guest acreage within this area. C. The applicant shall secure the estimated cost of Avenue 50 along applicant's frontage and Avenue 48 between Dune Palms Road and Jefferson Street (or reimburse actual costs if already constructed) concurrently with approvals allowing residential or resort guest uses in the portion of the specific plan area lying east and south of the La Quinta Evacuation Channel and more than one -quarter mile west of the centerline of Jefferson Street. The provision of security and construction/reimbursement of these improvements shall comply with the provisions listed above for Jefferson Street improvements except that reimbursement for the Avenue 48 improvements shall precede securing/constructing Avenue 50 improvements until the pro rata contributions are needed for pending construction of Avenue 50 improvements. The above notwithstanding, off -site street improvements determined necessary to serve developing portions of the specific plan area shall be secured or reimbursed at the time of approval of those portions of the development and shall be constructed concurrently with those portions. All off -site street improvements COA.SP84-004AMD.NO4 11 217 u4i� Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 12 shall be completed no later than five years after the approval of this Specific Plan unless otherwise approved by the City Council. Improvements and reimbursements so required may exceed the minimum rate of progress outlined above. 42. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 43. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 44. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, the specific plan, and as approved by the City Engineer. 45. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 46. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 47. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic)• COA.SP84-004AMD.NO4 12 A7 2 1,3 Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 13 The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 48. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access to publicly -maintained streets. The improvements shall include streets and sidewalks, traffic control devices and street name signs. WALLS AND LANDSCAPING 48. Final inspection and occupancy of homes and buildings within tracts abutting the perimeter will occur only after the perimeter wall has been constructed adjacent to those tracts. Perimeter walls along public streets shall be installed within one year of the applicants' construction or participation in the costs of the streets. 50. The applicant shall provide landscape improvements in the perimeter setback areas or lots along all adjacent public streets. Landscape improvements shall coincide with construction of the adjacent perimeter wall unless otherwise approved by the City Engineer. COA.SP84-004AMD.NO4 13 27 0 AS Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 14 51. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 52. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 53. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 54. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. PUBLIC SERVICES 55. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The subdivider shall arrange and bear the cost of measurement, sampling and testing not performed by the City but necessary to provide evidence that materials and their placement comply with plans and specifications. 58. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. AO COA.SP84-004AMD.NO4 �, 14 u�3II Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 15 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 60. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 61. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 62. Fringe -Toed Lizard mitigation fees in effect at the time of permit issuance, shall be paid. FIRE MARSHALL 63. All water mains and fire hydrants providing required water flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 64. The Homeowner's Association or appropriate community service district shall be responsible for the maintenance of vegetation in the open space areas. 65. All roads need to be a minimum of 20 feet unobstructed width. 66. Specific access plans shall be submitted with each subdivision map application. Cul-de-sac street lengths shall be allowed to exceed 660 feet in length (Subdivision Ordinance Street design Section 13.24.060 F) upon approval of the Public Works Department and Fire Marshal. obi COA.SP84-004AMD.N04 15 ,� Ui Planning Commission Resolution 2001- Conditions of Approval - Recommended Specific Plan 84-004, Amendment #4 - Rancho La Quinta May 8, 2001 Page 16 MISCELLANEOUS 67. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. The final Conditions of Approval shall be incorporated in the Final Specific Plan document (8 copies). 68. Prior to the issuance of grading permits on the 5-acre addition to Specific Plan 84-004, the project proponent shall complete, or cause to be completed, a biological resource analysis on the subject property. Such a study shall be undertaken by a qualified biologist, utilizing protocols established for the Fringed - toed Lizard. The biological analysis shall include a final report, to be submitted to the Community Development Department for review and approval. The report shall include mitigation measures, if required should the species be present on site. 69. Prior to issuance of any grading permit, mitigation measures as recommended by the Archaeological Reports for the site shall be implemented at the applicant/developer's expense. This consists of having an archaeological monitor on -site during grading and earth disturbance operations and/or trenching. 70. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. u51 COA.SP84-004AMD.N04 16 . ) GJ2 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 29457 (PHASES 1 AND 2) AND TENTATIVE TRACT MAP 29457 (AMENDMENT #1) TO ALLOW A CHANGE TO CONDITION #36 OF CITY COUNCIL RESOLUTION 2000-02 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A 265-LOT IN RANCHO LA QUINTA (SPECIFIC PLAN 84-004) CASE NOS.: AMENDING TRACT MAP 29457 (PH. 1 AND 2) AND TTM 29457, AMENDMENT #1 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 36 of City Council Resolution 2000-02 (See Condition #38) to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 283 acres into 265 single family and other common lots, located on the south side of 48`h Avenue and west of Jefferson Street in Rancho La Quinta with connections to Tracts 29283 and 29306; and WHEREAS, the City Council of the City of La Quinta, California, did on the 41h day of January, 2000, hold a duly noticed Public Hearing approving the subdivision of a 277.9 acres into 262 single family and other common lots, located on the south side of 48`h Avenue and west of Jefferson Street, more particularly described as: Being a subdivision of Parcels 12, 14, 15, and 17 of Parcel Map 20469 and portions of Parcels 6, 7, 9-11, 13, 18, and 19 of PM 20469; Section 32, T5S, R7E, SBBM WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- 421) and has determined that the proposed project(s) could not have a significant RESOPCTT29457 - Greg ". u5�. Planning Commission Resolution 2001_ Amending Tract 29457 (Phase 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development May 8, 2001 Page 2 adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 29457 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and connect to off -site streets in Tracts 27835 and 29283. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. RESOPCTT29457 - Greg U 5 j Planning Commission Resolution 2001_ Amending Tract 29457 (Phase 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development May 8, 2001 Page 3 The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site -was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and RESOPCTT29457 - Greg . 0,51 Planning Commission Resolution 2001 Amending Tract 29457 (Phase 1 and 2) and TTM 29457, Amendment #1 T. D. Desert Development May 8, 2001 Page 4 Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Map 29457 (Phase 1 and 2) and Tentative Tract Map 29457 (Amendment #1) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8th day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT29457 - Greg u5 5 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 29457 (PHASES 1 AND 2) TENTATIVE TRACT MAP 29457, AMENDMENT #1 T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. This Map is valid for a two year period, unless extended by the requirements of the LQMC. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following Departments and public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. A:\CondPC Tr29457#1 Rancho.wpd -Greg Page I Page I of I I U 5 6 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. This project requires a project specific NPDES Permit. the The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Development Impact Fee Program or other infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Public Streets 1) Jefferson Street - Applicant's half of 120-foot right of way. B. Private Streets 1) Lots A, F, G, I, & K (Double -Loaded) - 37 feet. 2) Lots B, D, E, H, & J & S (Single -Loaded) - 33 feet. 3) Lot C (Entryway on Jefferson Street) - 91 feet or as otherwise approved by the City Engineer 4) Cul de Sac Bulbs - 39 46-foot radius, minimum. C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. A-\CondPC Tr29457#1 Ranchompd -Greg Page 2 Page 2 of 11 15 7 b'? 9. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 11 . The applicant shall create 20-foot perimeter setbacks along Jefferson Street. The 20- foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48, Jefferson Street except for the Jefferson Street entryway aligned with Avenue 49, and Avenue 50. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. A:\CondPC Tr29457#1 Rancho.wpd -Greg Page 3 Page 3 of 11 k158 2821 IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect' refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, A.',CondPC Tr29457#1 Rancho.wpd - Greg Page 4 Page 4 of 11 U 5 ,j 2jr) at the time of approval of the final map, reimburse the City for the cost of those improvements according to the conditions of approval for Specific Plan 84-004. 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, improvements for any improvement agreement will not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 25. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal A.ACondPC Tr29457#1 Rancho.wpd - Greg Page 5 Page 5 of 11 Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 26. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given n this condition are not an entitlement and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with this requirement is impractical, however, the City will consider which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 30. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 31. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. A:ACondPC T29457#1 Ranchompd - Greg Page U65. 212 Page 6 of 11 32. Maximum pad elevation for following lots shall be: Lot 259 47.9 feet Lot 260 49.1 feet Lot 261 50.2 feet Lot 262 51.4 feet Lot 263 52.5 feet Lot 264 53.0 feet Lot 265 53.8 feet DRAINAGE 33. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 34. If the applicant proposes discharge of stormwater directly or indirectly to the Whitewater Drainage Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 35. The tract shall be designed to accommodate purging and blowoff water from any well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 36. Lots 259 through 265 shall have a common area retention basin in conformance with Engineering Bulletin #97-03. UTILITIES 37. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 38. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, except existing utility lines attached to joint -use 92 Kv transmission power poles are exempt from this undergrounding requirement. A:\CondPC Tr29457#1 Ranchompd -Greg Page 7 �6? 2�3 Page 7 of 11 39. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 40. The applicant is responsible for the following street improvements which shall conform with the City's General Plan in effect at the time of construction: A. OFF -SITE STREETS 11 Jefferson Street (Major Arterial) - Reimburse the City for the outside 20 feet of pavement, curb & gutter and install six-foot meandering sidewalk. Secure and eanstFuet per the provisions of Specific Plan 84 004.- 2) Avenue 48 (Primary Arterial) - Reimburse City for half street improvements per the provisions of Specific Plan 84-004. 3) Avenue 50 (Primary Arterial) - 43-foot half of the 86-foot improvement (curbface to curbface) plus 6-foot meandering sidewalk. For the length of the applicant's frontage. B. ON -SITE PRIVATE STREETS 1) Lots A, F, G, I, & K (Double -Loaded) - 36 feet between curbfaces. 2) Lots B, D, E, H,--& J & S (Single -Loaded) - 32 feet between curbfaces. 3) Lot C (Entryway on Jefferson Street) - Stacking room (minimum) for four in- bound vehicles without blocking the public sidewalk (may be split into two lanes of two each). 4) Culs de Sac - Per Riverside County Standard 800 (symmetric) or 800A (offset), 38 45-foot curb radius. 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices; street name signs and sidewalks. Mid -block street lighting is not required. 42. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 43. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the u63 A:ACondPC Tr2945741 Rancho.wpd - Greg Page 8 Page 8 of I I City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 44. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 45. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical 0/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 46. Direct access from public streets is limited to Lot C which shall align with Avenue 49. 47. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 48. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 49. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 50. The applicant shall provide landscaping in required setbacks and common lots. A:ACondPC Tr29457#1 Rancho.wpd -Greg Page 9 u6'1 2:J Page 9 of 11 51 . Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 53. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 54. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 55. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 56. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 57. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 58. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. 065 2y6 A:\COndPC'Ir29457N1 Rancho.wpd-Greg Page 10 Page 10 of 11 FEES AND DEPOSITS 59. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISCELLANEOUS 60. All applicable conditions of Specific Plan 84-004 shall be met. �16 291 A \CondPC Tr29457# 1 Ranchompd -Greg Page 11 Page 11 of 11 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAPS 27952 AND 27952-1 TO ALLOW A CHANGE TO CONDITION #16 OF CITY COUNCIL RESOLUTION 94-54 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAPS 27952 AND 27952-1 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 16 of City Council Resolution 94-54 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 22 acres into 55 single family and other common lots, located on the south side of Rancho La Quinta Drive and east of Mission Drive West in Rancho La Quinta; and WHEREAS, the City Council of the City of La Quinta, California, did on the 19`h day of July, 1994, hold a duly noticed Public Hearing approving the subdivision of 22 acres into 55 single family and other common lots, located on the south side of Rancho La Quinta Drive and east of Washington Street, more particularly described as: Being a portion of Parcels 2, 3, and 5 of Parcel Map 20469; NE and NW quarters of Sections 31 and 32, T5S, R7E, SBBM WHEREAS, Tract Maps 27952-1 and 27952 were recorded with the County of Riverside Recorder's Office on November 28, 1995 and August 30, 1996, respectively; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of RESOPCTT27952 - Greg 2y' u67 Planning Commission Resolution 2001 Amending Tract Maps 27952 and 27952-1 T. D. Desert Development May 8, 2001 Page 2 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendments are consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27952 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and connect with adjacent streets in other tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. RESOPCTT27952 - Greg u6� 2J� Planning Commission Resolution 2001_ Amending Tract Maps 27952 and 27952-1 T. D. Desert Development May 8, 2001 Page 3 The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum); 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Maps 27952 and 27952-1 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT27952 - Greg Planning Commission Resolution 2001_ Amending Tract Maps 27952 and 27952-1 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8`h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT27952 - Greg PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL RECOMMENDED AMENDING TRACT MAP 27952, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tract Map No. 27852 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Cond PC Tr. 27952 Greg Page 1 of 8 il'7 1. Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 2 4. The approval shall be in compliance with all applicable conditions and applicable provisions of SP 84-004 and applicable Development Agreement. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7. Applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. 8. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. TRACT AND BUILDING DESIGN 9. That prior to issuance of the first building permit for lots in this tract, a plot plan showing the proposed units shall be reviewed and approved by the Community Development Department. 10. Any minor changes in lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. FIRE DEPARTMENT 1 1 . Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a two-hour duration at 20 psi. 12. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company Cond PC Tr. 27952 Greg Pagc 2 of 8 U 30Oj Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 3 with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department'. 13. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 14. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. UTILITIES 15. All conditions and requirements of the CVWD shall be met as noted in their letter dated April 28, 1994, on file at City Hall. 16. Am' existing anel pmpesed titilitmes adjoeent to or an the PFOPOSeel site shall be Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 17. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. ENGINEERING DEPARTMENT 18. If the applicant desires to phase tract improvements, tract phasing plans shall be submitted for review and approval by the City Engineer and Community Development Department prior to recordation of any final map under this tentative map. The applicant shall develop tract phases in the order of the approved phasing plan. Improvements required of each phase shall be completed prior to issuance of Certificates of Occupancy within the phase unless otherwise approved by the City Engineer. u73 Cond PC Tr. 27952 Greg Page 3 of 8 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 4 IMPROVEMENT AGREEMENT 19. The applicant shall construct, or enter into a secured agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions and shall meet all other obligations or secured said obligations before approval of this tentative map or before any final map(s) under this tentative tract map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 20. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 21. The applicant shall dedicate any easements necessary for placement of and accesss to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 22. The applicant shall cause no easements to be granted or recorded over any portion of the property included in this tentative map between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. GRADING 23. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 of the LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 24. The applicant shall comply with the City's Flood Protection Ordinance. 25. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 26. A grading plan shall be prepared by a registered civil engineer. The plan shall be submitted on 24" by 36" media and must meet the approval of the City Engineer prior to approval of any final map(s)• u74 Cond PC Tr. 27952 Greg Page 4 of 8 307 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 5 The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. Prior to issuance of any building permit, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approve on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by the trat phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE 27. The tract shall be graded to permit storm flow in excess of retention capacity to flow out of the tract through a designated overflow and into the historic drainage relief route. Similarly, the tract shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 2& Storm water runoff produced in 24 hours during a 100-year storm shall be retained on -site. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. Storm water produced during a 100-year storm shall not overflow onto street rights -of -way except through approved storm drainage conveyance locations. 29. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. 30. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. STREET AND TRAFFIC IMPROVEMENTS 31. The City is contemplating adoption of a major thoroughfare improvement program is in effect 60-days prior to recordation of any final map for this development, the development shall be subject to the provisions of the Ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. Cond PC Tr. 27952 Greg 3Uu u75 Page 5 of 8 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 6 32. Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer using 24" by 36" media. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard Drawings, and as approved by the City Engineer. Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans' design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section for use during development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. 34. The City Engineer may consider proposals by the applicant to stage the installation of offsite and tract -wide improvements with development of two or more final maps within the tentative map. 35. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. North -South Street and Interior Residential Streets - 32-feet wide between curbfaces, subject to approval by the City Engineer. B. Rancho La Quinta Drive - 36-feet wide between curbfaces. 36. Culs-de-sac streets shall have a minimum outside curb radius of 45-feet and a maximum center island curb radius of 5-feet unless otherwise approved by the City Engineer and Fire Marshal. :07 Cond PC Tr. 27952 Greg Page 6 of 8 u 7 6 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 7 37. All streets proposed for residential or other access drives shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water flows without ponding in year and drive areas. LANDSCAPING 38, Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Community Development Director, the City Engineer, the CVWD, and the Riverside County Agricultural Commissioner. QUALITY ASSURANCE 39. The City is contemplating adoption of a quality -assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality -assurance program. If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures with meet the approval of the City Engineer. 40. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 41. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. Cond PC Tr. 27952 Greg 3Ur� U77 Page 7 of 8 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27952 May 8, 2001 Page 8 MAINTENANCE 42. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. 43. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscape setbacks and retention basins until those areas have been accept3ed for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council (i.e., CC and R's). 44. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by the HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planing for routine and long term maintenance. FEES AND DEPOSITS 45. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISCELLANEOUS 46. On- and off -site grading, drainage, street, lighting, landscaping and irrigation, park, gate and perimeter wall plans shall be submitted to the Engineering Department for plan checking. The plans are not approved for construction until they have been signed by the City Engineer. 47. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall traffic control devices and street name signs along access roads to those buildings. 48. Prior to recordation of the final map, the applicant shall submit the proposed street names (3/street) to the Community Development Department for approval. 49. A plot plan application and plans shall be filed and approved by the Director of Community Development for the two pool area improvements prior to issuance of building permits for said improvements. U78 3U rj Page 8 of 8— PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING PARCEL MAP 20469 TO ALLOW A CHANGE TO CONDITION #14 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR 17 SINGLE FAMILY AND GOLF COURSE LOTS ON APPROXIMATELY 693 ACRES IN RANCHO LA QUINTA CASE NO.: AMENDING PARCEL MAP 20469 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8"' day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 14 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 693 acres into 17 single family and other common lots, located on the south side of Avenue 48, north side of Avenue 50, west side of Jefferson Street and east of Washington Street in Rancho La Quinta; and WHEREAS, the Community Development Director of the City of La Quinta, California, did on the 181h day of December, 1985, hold a duly noticed Public Hearing approving the subdivision of 693 acres into 17 residential and golf course lots, located on the south side of Avenue 48, north side of Avenue 50, west side of Jefferson Street and east of Washington Street, more particularly described as: Being a portion of the NE 1 /4 of Sections 3 and portions of Section 32, T5S, R7E, SBBM WHEREAS, Parcel Map 20469 was recorded with the County of Riverside Recorder's Office on January 30, 1987; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- RESOPC PM 20469-Greg T. u79 Planning Commission Resolution 2001 Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta T. D. Desert Development May 8, 2001 Page 2 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Parcel Map 20469 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed RESOPC PM 20469-Greg T. Planning Commission Resolution 2001_ Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta T. D. Desert Development May 8, 2001 Page 3 at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Parcel Map 20469 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPC PM 20469-Greg T. 3p� U 8 1. Planning Commission Resolution 2001_ Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 81h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC PM 20469-Greg T. U 89 313 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL RECOMMENDED AMENDING PARCEL MAP 20469, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1. Amending Parcel Map No. 20469 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 2. Amending Parcel Map No 20469 shall comply with the conditions and requirements of Specific Plan 84-004 as in effect at the time of recordation. 3. The final map shall not be recorded until Specific Plan 84-004 and Change of Zone Case No. 84-014 become effective. SITE PLAN 5. The final map shall conform substantially with the approved tentative map as contained in the Community Development Department's file for TPM 20469 and the following conditions of approval, which conditions shall take precedence in the event of any conflict wit the provision of the tentative map. 6. Prior to submittal of the final map for plan check, the Applicant shall submit a master perimeter wall plan for the Community Development Department demonstrating that the perimeter lots are of sufficient depth to accommodate the perimeter wall setbacks as required by the conditions for SP 84-004. 7. Lot 17 (golf course) shall be divided into two lots in accordance with the approved phasing plan for SP 84-004. Streets Grading and Drainaoe 8. The Applicant shall dedicate half -width right-of-ways in accordance with their general plan designation for Avenue 48, Avenue 50 Washington Street and Cond PC PM 20469 Greg Pagc I of 6 t) �i 31 Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta May 8, 2001 Jefferson Street. The construction and phasing of the public street improvements shall be in accordance with the conditions of approval for SP 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 map approval in conjunction with the phased implementation of the Specific Plan. All roadways within the Specific Plan area shall remain private. 10. The final map shall designate project entrances at the following locations: a. Washington Street at Eisenhower Drive b. Avenue 48 at Adams Street C. Avenue 48 near Dune Palms Road d. Jefferson Street approx. 1,220 feet south of Avenue 48 e. Avenue 50 at approximately the midway point of the project's frontage along Avenue 50. All other portions of the project's perimeter adjacent to public right-of-way shall be designated as restricted or no access. 1 1 . Prior to submittal of the final map for plan check, the Applicant shall submit a preliminary internal street plan to the Community Development Department and Fire Marshal for review and approval. The plan shall designate alternate emergency accesses for culs-de-sac having lengths exceeding 550 feet and shall include a cross-section detailing construction of said emergency accesses. 12. Prior to approval of the final 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 SP 84-04: a. The plan shall comply with the standards of the Uniform Building Code and other applicable Municipal 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 amount the bank heights required to carry the design flow with the necessary freeboard. Cond PC PM 20469 Greg `Pag f"�� 2 o Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta May 8, 2001 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 the drainage from the north and west is channeled to the La Quinta Stormwater Evacuation Channel. f. All single family pad elevation shall be protected from a 100-year storm. All drainage shall be contained on the site or channeled to the La Quinta Stormwater Evacuation Channel. Public Utilities and Services 13. The 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. The water system shall be installed in accord with the District requirements. 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. 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. 14. The Applicant shall comply with the requirements of the Imperial Irrigation District. a. Provision shall be made underground utilities to the extent feasible. be plac-e Underground. b. roadways with5tit prior iev,evv and approve4-� GitY. It is intended that other available aternatives be evaluated pfior to said relocation. Existing overhead lines and all proposed utilities within or adjacent to the Cond PC PM 20469 Greg U8J Page 3 of � k J Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta May 8, 2001 proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. C. The Applicant shall provide a site for an electrical substation in accordance with one of the two following provisions: (1) Dedicate to IID a 330 feet by 330 feet 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 map by the City Council, submit a deed or other proof of conveyance of property located at an approved alternate site to IID in accordance with the District's requirements. 15. The Applicant shall comply with eh following requirements for utility easements: a. Prior to submittal of the final map for plan check, the Applicant shall coordinate with all utility companies (including gas, water, sewer and electricity) to ensure that adequate provisions are made for on- and off - site easements for the provision of the future facilities. b. At the time of final map submittal, the Applicant shall provide the Community Development Department with letter from he 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 map exhibit. 16. 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 La Quinta City Council and in effect at the time of issuance building permits. 17. The Applicant shall delineate and dedicate a 10-acre park site on the final map in accordance with City approval, unless other approved alternate recreational facilities are approved by the City as allowed by SP 84-004. Miscellaneous 18. The Applicant shall satisfactorily mitigate archaeological concerns identified in previously conducted site surveys prior to initiation of grading. A qualified J17 Cond PC PM 20469 Greg Page 4 of 6 U 8 U Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta May 8, 2001 archaeologist shall certify as to the adequacy of mitigation measures prior to issuance of any grading (or related) permits. 19. The 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 the 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 the 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 SP 84-004 and the following conditions: a. No lot shall be divided by two or more phases. 25. Applicant understands that the City has 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 par and recreation facilities, schools, drainage facilities, major thoroughfares, bridges, and traffic signalization; and, 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 A 7 Cond PC PM 20469 Greg Page 5 of 6 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Parcel Map 20469 - Rancho La Quinta May 8, 2001 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 financing of permanent or temporary school facilities, Condition No. 16 (school development fee) shall be deleted. 26. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. U88 Cond PC PM 20469 Greg "' ` 0Page 6 of 6 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 27840 (AMENDMENT #1) TO ALLOW A CHANGE TO CONDITION #14 OF CITY COUNCIL RESOLUTION 94-25 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA (SPECIFIC PLAN 84-004) CASE NO.: AMENDING TRACT MAPS 27840 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 14 of City Council Resolution 94-25 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 55 acres into 130 single family and other common lots, located on the southeast corner of Washington Street and 48' Avenue in Rancho La Quinta connecting to Tracts 28343, 28640 and 27952; and WHEREAS, the City Council of the City of La Quinta, California, did on the 22nd day of February, 1994, hold a duly noticed Public Hearing approving the subdivision of 55 acres into 130 single family and other common lots (i.e., TTM, Amendment #1) under Resolution 94-25, located on the southeast corner of Washington Street and 48`h Avenue, more particularly described as: Being a portion of Parcels 1, 2, 5 and 8 of Parcel Map 20469; NE and NW Quarters of Sections 31 and 32, T5S, R7E, SBBM WHEREAS, Tract Map 27840 was recorded with the County of Riverside Recorder's Office on May 25, 1994; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that RESOPCTT27840 Greg T - Planning Commission Resolution 2001 Final Tract Map 27840, Amendment #1 T. D. Desert Development May 8, 2001 Page 2 the Community Development Department t has prepared an Initial Study (EA 2001- 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27840 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and to adjacent tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury RESOPCTT27840 Greg T - UJO Planning Commission Resolution 2001 Final Tract Map 27840, Amendment #1 T. D. Desert Development May 8, 2001 Page 3 to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; and, 3. That it does recommend approval to the City Council of Amending Tract Map 27840 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT27840 Greg T - u9]. Planning Commission Resolution 2001 Final Tract Map 27840, Amendment #1 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 81h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SIEVE BOBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT27840 Greg T - 9, 323 u`� PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL RECOMMENDED AMENDING TRACT MAP 27840, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tract Map No. 27840 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. COND PC TR 27840 Ong. - GREG Page I of 15 u93 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The approval shall be in compliance with all applicable conditions and applicable provisions of SP 84-004 and applicable Development Agreement. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7. Applicant shall provide landscape improvements in the setback lots along 481h Avenue and Washington Street. Design of these setbacks shall be reviewed and approved by the Planning Commission. The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas along 481h Avenue. Use of lawn shall be minimized with no lawn and spray irrigation within 5-feet of street curb. 8. Landscaping and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect and approved by the Community Development and Public Works Departments, CVWD and the Riverside County Agricultural Commissioner. 9. Applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. 10. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. TRACT AND BUILDING DESIGN 1 1 . Development of the project site shall comply with amended map Exhibit "A" for TTM 27840, and the following conditions. COND PC TR 27840 Orig. - GREG 3 �1"ge 2 of 15 U `� Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 3 12. The development of custom, single family lots, if any shall be governed by the following: A. The applicant shall establish a Design Review Committee to review and approve all custom home development within the Tract. The main objectives of this Committee shall be to assure building architecture, building materials and colors, building heights and setbacks, and landscape design follow appropriate design themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's CC and R's. B. Prior to issuance of an occupancy permit for any house within TTM 27840, landscaping/groundcover shall be installed and appropriately maintained. C. All roof -mounted equipment shall be screened form view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. D. No two-story units shall be allowed within 75-feet of 48`h Avenue per Specific Plan 84-004. E. Minimum dwelling unit sizes are 1,400 square feet (living area). F. All dwelling units shall have a minimum two car garage measuring 20' by in overall size. G. Lot 60 of this map shall be increased to have a minimum frontage of 50 feet. H. Prior to approval of any final map within this amended tentative map, golf course Lots L through S of this map shall be merged with Parcel 5. 13. Any minor changes in lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. COND PC TR 27840 Orig. - GREG 32 P" 3 of u 9 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 4 UTILITIES .�..r�....« r subject to this reqtimirernent per the spe ifie plan. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 15. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. MAINTENANCE 16. Prior to recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The CC and R's shall be recorded at the same that the final map is recorded. A Homeowners' Association with the unqualified right to access the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the HOA. IMPROVEMENT AGREEMENT 17. Applicant shall construct, or enter into a secured agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions and shall meet all other obligations or secured said obligations before approval of U90 COND PC TR 27840 Orig. - GREG Page 4 of 15 'J 'i Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 5 this tentative map or before any final map(s) under this tentative tract map as specified hereinafter. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If tract improvements are phased with multiple final maps, off -site improvements and tract -wide improvements (i.e., perimeter walls, common areas and setback landscaping, and gates) required of any final map within this map unless otherwise approved by the City Engineer. Tentative map improvements shall be constructed or secured prior to approval of the first final map. The City Engineer may consider proposals by the applicant to stage the installation of offsite and tract -wide improvements with development of two or more final maps within the tentative map. 19. The applicant shall reimburse the development to the north for the actual cost to that development for construction of improvements to the south side of Avenue 48 contiguous to this tentative tract. This reimbursement may be deferred until Phase II of the Rancho La Quinta development provided the applicant provides security in guarantee of the reimbursement. ACQUISITIONS AND DEDICATIONS 20. Applicant shall dedicate or deed public street right-of-way and utility easements for the full Rancho La Quinta development of which this map is a part. Said easements shall conform with the City's General Plan, Municipal Code, applicable specific plans and as required by the City Engineer. Dedications or deeds required for approval of this tract include: A. Avenue 48: 55-feet width right-of-way B. Washington Street: 60-feet half width right-of-way from the specific plan centerline of Washington Street as amended and provided by the City. Additional right-of-way as necessary to provide a minimum of 12 feet of right-of-way behind the curbing for the full length of Washington Street frontage. The main entryway shall include corner cutbacks in addition to the 12-foot setback. C. North boundary of tentative tract - easement for acceptance of drainage from existing facilities in sag point in Avenue 48. 323 u9`7 COND PC TR 27840 Ong. - GREG Page 5 of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 6 Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. Dedication or deeding of street rights -of -way and utility easements shall be made within 60-days of written demand for such dedications by the City Engineer concurrent with approval of any final map within this tentative map, whichever event occurs first. Prior to Final Map approval, the applicant shall make a good -faith effort to acquire, at a fair price, the land parcel known as Riverside County APN 617- 310-023, a wedge of property lying between Washington Street and the southwest corner of the Rancho La Quinta property. If successful in acquiring the property, the applicant shall dedicate or deed right-of-way along the Washington Street frontage of the property at the time of approval of the tentative map. If the applicant is not able to acquire the property at a fair price, the applicant shall, prior to approval of the final map, submit a request to the City to acquire the property via the power of eminent domain. The request shall be guaranteed by security in the amount of 150% of the appraised cost of the property plus estimated legal fees, administrative fees and court costs. If the property is acquired in this manner, the applicant shall deed or dedicate Washington Street right-of-way and common -area setback lots along this property within 60 days of the acquisition of the property. The applicant shall be responsible for one third of the cost of the acquisition (including legal and administrative costs and court costs) of this property. The City will grant a credit to the applicant in the amount of two thirds of the cost of the acquisition. The credit will be made against the applicant's other obligations with respect to this development. The means of granting of this credit shall be determined at a later date. 21, Prior to approval I of the first final map under this tentative map, the applicant shall dedicate or deed common area setback lots, of minimum width as noted, for the full length of the Rancho La Quinta development adjacent to the following street rights -of -way: A. Avenue 48 and Washington Street: 20 feet Minimum widths may be used as average widths for meandering wall designs. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate or deed blanket easements over the setback lots for those purposes. 09g COND PC TR 27840 Orig. - GREG PageY� bf 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 7 Setback lots not shown on the amended map shall be designated as such on the final map(s). 22. The applicant shall vacate vehicle access rights along the following streets from lots abutting the streets: A. Avenue 48 B. Washington Street Access along these streets shall be restricted to approved project entries and emergency access locations. 23. The applicant shall dedicate or deed any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 24. The applicant shall cause no easements to be granted or recorded over any portion of the property included in this tentative map between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 25. The requirements of the City's Off -Street Parking Ordinance (Chapter 9.150) shall be met concerning all supplemental accessory facilities. 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 of the LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. Graded but undeveloped land shall be maintained in a condition so as to prevent dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 28. The applicant shall comply with the City's Flood Protection Ordinance. 29. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this COND PC TR 27840 Orig. - GREG 3 J bage 7 of Iv " (� 9 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 8 development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. Prior to issuance of any building permit, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approve on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by the trat phase and lot number and shall be cumulative if the data is submitted at different times. 30. The tract shall be graded to permit storm flow in excess of retention capacity to flow out of the tract through a designated overflow and into the historic drainage relief route. Similarly, the tract shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 31. Storm water runoff produced in 24 hours during a 100-year storm shall be retained on -site. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. 32. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. For common retention basins a trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons/day per 1,000 feet of drainage area. The retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 33. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 34. The applicant shall consider drainage from adjacent developments as required in the specific plan and herein above. 35. The City is contemplating adoption of a major thoroughfare improvement program is in effect 60-days prior to recordation of any final map for this development, the development shall be subject to the provisions of the Ordinance. 941 - J 00 vP gt8of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 9 If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 36. Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the LOMC, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans' design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section for use during development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This includes street width transitions extending beyond the tract boundaries. 38. The following street and landscaping improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1 . Washington Street (Major Arterial) - 48' half width with medians. The half -width improvements shall extend from Avenue 48 southerly to a point west of the most westerly southwest corner COND PC TR 27840 Orig. - GREG Page 9 of 15 Y J Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 10 of the Rancho La Quinta development. 2. Washington Street at Eisenhower Drive - modifications of traffic signal for four -legged intersection. The Applicant shall pay all consists of the modification and shall reimburse the City for its $3,400 cost of the design of said modification. If the Applicant's total cost for the design and modification of the signal exceeds by any amount the $25,000 cap set forth in the Development Agreement underlying this tract, that amount shall be credited toward the Applicant's obligation to participate in the improvement of Adams Street between Avenue 48 and Highway 1 1 1 . 3. Adams Street (Primary Arterial) - 80-foot full improvement widths. The applicant shall participate in 9.6% of the cost to design and construct Adams Street between Avenue 48 and Highway 1 1 1, including the cost of signals at Highway 1 1 1 and Avenue 48. The 9.6% figure is based on a prorata share of traffic contributed by the Rancho La Quinta project to Adams Street based on a calculation made by City staff utilizing the traffic study prepared for SP 84-004. B. ON -SITE STREETS 1 . Main interior circulation road - 36-feet wide. 2. Residential streets adjacent to Lots 89-91 and Lots 62-71 - 26-feet wide. 3. All other interior streets - 32-feet wide. 39. Access points and turning movements of traffic shall be restricted as follows: A. Avenue 48 at Adams Street - full -turn access to line up with Adams Street; B. Washington St. at Eisenhower Dr. - full -turn access to line up with Eisenhower Drive. LANDSCAPING 40. The applicant shall provide landscaping improvements in required setbacks, common, and median lots along the following streets: A. Avenue 48 and Washington Street COND PC TR 27840 Ong. - GREG Page 10 of 15 33o Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 11 The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 41. Prior to approval of building permits, the applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the sue of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by CVWD and the State Department of Water Resources. B. Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. 42. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Community Development. Director, the City Engineer, the CVWD, and the Riverside County Agricultural Commissioner. 43. The applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. QUALITY ASSURANCE 44. The City is contemplating adoption of a quality -assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality -assurance program. COND PC TR 27540 Orig. - GREG Page I I of 15 1 U `j Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 - Page 12 If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures with meet the approval of the City Engineer. 45. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 46. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 47. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. 48. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscaped setbacks and retention basins until those areas have been accepted for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council. 49. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. FEES AND DEPOSITS 50. Prior to the issuance of any building permits, the applicant shall provide the Community Development Department with written clearance from the DSUFD that the per -unit impact fees have been paid. COND PC TR 27840 Orig. - GREG Page 12 of IS 104 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 13 51. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE DEPARTMENT 52. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a two-hour duration at 20 psi. 53. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 54. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 55. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 56. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 57. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant location will be stipulated when building plans are reviewed by the Fire Department. COND PC TR 27840 Orig. - GREG Page 13 of 15 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 14 MISCELLANEOUS 58, On- and off -site grading, drainage, street, lighting, landscaping and irrigation, park, gate and perimeter wall plans shall be submitted to the Engineering Department for plan checking. The plans are not approved for construction until they have been signed by the City Engineer. 59. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall traffic control devices and street name signs along access roads to those buildings. 60. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the subject property. 61. Restroom facilities for the grounds keepers shall be provided in the vicinity of golf course, and a permanent golf course and homeowners maintenance facility shall be constructed on the property to the satisfaction of the Community Development Director. 62. All outdoor lighting shall comply with Section 9.60.160 of the Zoning Ordinance. 63. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The applicant/developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area maintenance. Compost materials shall be stored for pick-up by Waste Management, or an authorized hauler for transplant to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. COND PC TR 27840 Orig. - GREG Page 14 of 15 337 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27840 May 8, 2001 Page 15 64. The specific plan requires 10 acres of land to be dedicated for park purposes. 7.8 acres has been dedicated to date. The balance of 2.2 acres shall be paid as a in -lieu fee prior to recordation of the final map. 65. Per the Specific Plan Conditions of Approval, a contribution of $100,000.00 as a fire mitigation measure, shall be paid prior to issuance of the first building permit for production of any custom homes. 66. Tract phasing plans, including tract phases in the order of the approved phasing plan. Improvements required of each final map shall be completed and accepted by the City Council prior to issuance of Certificates of Occupancy within the map unless otherwise provided in the phasing plan. 67, Along 36-foot wide streets, stripped and labeled golf cart lanes shall be provided to the satisfaction of the City Engineer and Director of Community Development. 68. A complete pedestrian and bicycle path system shall be provided within the project. The design shall be subject to the approval of the Community Development Director. 69. All conditions and requirements of the CVWD shall be met as noted in their letter dated August 10, 1993, on file at City Hall. COND PC TR 27840 Ong. - GREG Page 15 of 15 !0 7 PLANNING COMMISSION RESOLUTION 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 28343 TO ALLOW A CHANGE TO CONDITION #25 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA (SPECIFIC PLAN 84-004) CASE NO.: AMENDING TRACT MAP 28343 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 25 of City Council Resolution 96-40 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 23.5 acres into 74 single family and other common lots, located on the east side of Washington Street and north of Parc La Quinta in Rancho La Quinta connecting to Tracts 25154, 28640 and 27952; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4" day of June, 1996, hold a duly noticed Public Hearing approving the subdivision of 23.5 acres into 74 single family and other common lots, located on the west side of Washington Street and north of Parc La Quinta, more particularly described as: Being a portion of Parcels 3, 4 and 5 of Parcel Map 20469; NE and NW Quarters of Sections 31 and 32, T5S, R7E, SBBM WHEREAS, Tract Map 28343 was recorded with the County of Riverside Recorder's Office on October 25, 1996; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13,20.115 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- RESOPCTT28343 Greg T. - 33g 108 Planning Commission Resolution 2001_ Amending Tract Map 28343 T. D. Desert Development May 8, 2001 Page 2 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 28343 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and connect with other adjacent tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed RESOPCTT28343 Greg T. - ' Planning Commission Resolution 2001_ Amending Tract Map 28343 T. D. Desert Development May 8, 2001 Page 3 at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Final Tract Map 28343 (Amendment #1) for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT28343 Greg T. - �10 •�3�1 Planning Commission Resolution 2001_ Amending Tract Map 28343 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8`h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE BOBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT28343 Greg T. - PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 28343 - RANCHO LA QUINTA T. D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1.Upon their approve' by the Gity Geume", the Gity Glerk *9 authori2ed to file the" Ganditions oi Approval with the Riverside Gounty Recorder for recordation against propert es to vvh'eh they apply. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tentative Map 28343 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 3. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless the City Engineer approves a construction sequencing plan for that phase. 4. Before the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments and public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) cond Tr. 28343 RanchoOrig. - 48 Greg 3 ('3' The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 8. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 9. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 10. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 1 1 . The proposed CVWD well site shall be reconfigured to provide a minimum 12 feet of landscaped setback from the curbline of the adjacent road. FINAL MAP(S) 12. As part of the filing package for final map approval, the applicant shall furnish the City, on storage media and in a program format acceptable to the City Engineer, accurate computer files of the map(s) as approved by the City's map checker. cond Tr. 28343 RanchoOrig. - 48 Greg IMPROVEMENT PLANS 13. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for the Planning Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). CVWD shall sign the combined plans before their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 14. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate computer files of the complete, approved plans on storage media and in a program format acceptable the City Engineer. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. IMPROVEMENT AGREEMENT 15. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 16. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized cond Tr. 28343 RanchoOrig. - 48 Greg - 7 t5 1 1 4 for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 17. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements lie: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. GRADING 18. Graded and/or undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 19. Before occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. The applicant shall comply with the City's Flood Protection Ordinance. 21. The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 22. A registered civil engineer shall prepare a grading plan and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soil's report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 23. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing a common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 24. Before issuance of building permits, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. cond Tr. 28343 RanchoOrig. - 48 Greg •� `� 34r UTILITIES 25. A!! existing and proposed titi"ties within of adjacent to the proposed development 9 be installed underground. 1 10gh voltage power lines-whieh the power autherity will not Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 26. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 27, The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street/traffic improvements required herein. 28. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS/CUL DE SACS 11 Residential - 32-foot-wide travel surface. 2) Collector (?300 homes or 3,000 vpd) - 40-foot-wide travel surface. Main entry streets and interior circulation routes, bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the City Engineer. 29. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 30. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 31. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, cond Tr. 28343 RanchoOrig. - 48 Greg ", ` 347 1 1 r) adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 32. Street right of way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 33. All streets proposed to serve residential or other access driveways shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. 34. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit mix designs for road base and pavement materials, including complete testing lab results, for review and approval by the City. Paving operations shall not be scheduled until mix design(s) is approved. 35. Before occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings. LANDSCAPING 36. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect and approved prior to building permit issuance. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 37. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 38. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. cond Tr. 28343 RanchoOrig. - 48 Greg `t `y 39. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. QUALITY ASSURANCE 40. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 41. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 42. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 43. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site street improvements. The applicant shall maintain off -site public improvements until final acceptance of improvements by the City Council. 44. The applicant shall provide an executive summary maintenance booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. FEES AND DEPOSITS 45. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 46. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. FIRE DEPARTMENT 47, Schedule A fire protection approved Super fire hydrants (6" X 4" X 2-1 /2" X 2-1 /2") shall be located at each street intersection spaced not more than 500-feet apart in any direction with no portion of any frontage more than 250-feet from a fire hydrant. Minimum fire flow shall be 1000 g.p.m. for two hour duration at 20 psi. cond Tr. 28343 RanchoOrig. - 48 Greg 118 349 48. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plan to the Fire Department for review and approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: " I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 49. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. A temporary water supply for fire protection may be allowed for the construction of a model unit only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. SPECIAL 50. Single story homes shall be built within 75-feet of the south boundary of the tentative map t sham be a rninwrnuni distance of SO feet frarn the 51. The production houses planned for these lots, if not previously approved by the City, shall be approved by the Planning Commission before issuance of any building permits for construction by the Building and Safety Department (i.e., Non -Hearing Business Agenda). 52. All Zoning Code provisions shall be met prior to building permit issuance. 53. All homes shall be required to install front yard landscaping prior to final occupancy. Each lot shall have two 15 gallon shade trees (corner lots shall have five), ten 5-gallon shrubs and other landscaping (e.g., turf, turf and gravel, etc.), acceptable to the Community Development Department pursuant to Chapter 8.13 of the LQMC. The applicant/developer is encouraged to use drought resistant or native plant material for the project. The applicant will be permitted to post securities to insure that the front yard landscaping is installed for each home if the landscaping is not installed at time of final release of occupancy. All landscaping materials shall be installed with 60-days after occupancy clearances have been given. 54. Prior to issuance of the final map, Lot 77 shall be reserved for open space or single family lots. Lot 77 shall not be used as a well site by the developer or the Coachella Valley Water District. 55. Prior to issuance of a building permit, all common recreational amenities (i.e., pool/spa and recreation building) planned for Lot 76 (or Lot 77) shall be approved by the Planning Commission. Separate restroom facilities shall be provided for the on -site maintenance workers of the country club on Lot 76 (or adjacent to this area) as approved by the Commission. 9 cond Tr. 28343 RanchoOrig. - 48 Greg ' . J t q 56, All applicable Conditions of Approval of Specific Plan 84-004 (The Grove), Final Environmental Impact Report #90 (Addendum) or Parcel Map 20469 shall be met unless otherwise modified herein. 57. Prior to final map approval by the City Council, the City Attorney shall approve the annexation of this Tract (i.e., C.C. and R's documents) into the Rancho La Quinta Homeowner's Association. 58. Prior to final map approval, the applicant shall submit to the Community Development Department for review and approval a site plan showing the pedestrian and bicycle path system for this Tract. 59. Prior to building permit issuance, the applicant/developer shall work with the local waste hauler to implement provisions of AB 939 and AB 1462 by establishing on -site trash and recycling services as follows: A. Prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for the storage of recyclables such as glass, plastics, newsprint and steel or aluminum cans. B. Provide proper on -site facilities with the project for green waste associated with golf course or common maintenance. Compost materials shall be stored for pickup by a waste hauler for transport to an appropriate recycling facility. C. Curbside recycling services shall be provided in areas where no centralized trash/recycling bins are provided or utilized. The local trash hauler shall insure that any materials taken off -site for disposal are recorded and the tonnage figures credited to the City of La Quinta to assist our State obligations. The developer can contact the City's Recycling Coordinator for additional information. cond Tr. 29343 RanchoOrig. - 48 Greg 120 351 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 28640 TO ALLOW A CHANGE TO CONDITION #34 OF CITY COUNCIL RESOLUTION 98-10 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 28640 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 34 of City Council Resolution 98-10 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 23 acres into 70 single family and other common lots, located on the east side of Tracts 25154 and 28343 in Rancho La Quinta; and WHEREAS, the City Council of the City of La Quinta, California, did on the 3" day of February, 1998, hold a duly noticed Public Hearing approving the subdivision of 23 acres into 70 single family and other common lots, located to the east of Tract 25154, more particularly described as: Being a portion of Parcels 4 and 5 of Parcel Map 20469 WHEREAS, Tract Map 28640 was recorded with the County of Riverside Recorder's Office on September 17, 1998; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment for this Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed RESOPCTT28640 -Greg JL Planning Commission Resolution 2001_ Amending Tract Map 28640 T. D. Desert Development May 8, 2001 Page 2 mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 28640 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and to adjacent tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed RESOPCTT28640 -Greg 3�3Y�2 Planning Commission Resolution 2001 Amending Tract Map 28640 T. D. Desert Development May 8, 2001 Page 3 at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Map 28640 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT28640 -Greg 3 ;i 123 Planning Commission Resolution 2001 Amending Tract Map 28640 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 81h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: TERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT28640 -Greg PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL RECOMMENDED AMENDING TRACT MAP 28640, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 81 2001 GENERAL 1. properties to whieh-t4l�� 2. Amending Tract Map No. 28640 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 125 . ♦7� �J A:Wond PC Tr 28640.wpd Printed May 2, 2001 Page 1 of 8 PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 8. The applicant shall dedicate public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 9. Dedications required of this development consist of Lots A, B, C, & D (Private Streets) - 33-foot right of way. Dedications shall include additional width as necessary for features contained in the approved construction plans. 10. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 1 1 . The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 13. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage �r A:\Cond PC Tr 28640.wpd 3 5;11ted 512/01, Page 2 of 11 media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 14. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and subdivision perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. A:\Cond PC Tr 28640.wpd Printed 5/2/01, Page 3 of 11 IMPROVEMENT AGREEMENT 17. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 19. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 20. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). Participatory improvements for this development include: A. Prior to agendization of any final map under this tentative map, the applicant shall enter into an unsecured agreement to reimburse the City for the applicant's share of the costs incurred in improvement of Avenue 48 from Dune Palms Road to Jefferson Street including signals and other required appurtenances. The agreement shall require reimbursement according to the original phasing plan for the overall Rancho La Quinta development as may be modified over time with the City's approval. 359 128 A:\fond PC Tr 28640.wpd Printed 5/2/01, Page 4 of 11 The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 21. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 22. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 23. The applicant shall comply with the City's flood protection ordinance. 24. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 25. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 27. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. A:\Cond PC Tr 28640.wpd � 3 6RInted 5/2/01, Page 5 of 11 DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 28. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 29. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the Rancho La Quinta development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 30. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 32. Nuisance water shall be retained on site unless otherwise approved by the Rancho La Quinta Homeowners' Association. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 33. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association if so arranged by the applicant, shall be responsible for any sampling and testing of the development's effluent which may required under the City's NPDES Permit or other city- or area -wide pollution prevention program and for any other obligations and/or expenses which may arise from the such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 34. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. ' logh voltage powe - H mies which the power atitherity Will not Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 35. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. Yam, A:\Cond PC Tr 28640.wpd .'�% 3 (rued 5/2/01, Page 6 of 11 STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 37. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. PRIVATE STREETS AND CULS DE SAC 11 Residential - 32 feet wide, curbface to curbface Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 38. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 39. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 40. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 41. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. `h 131 A:\Cond PC Tr 28640.wpd J .. 3 6 �rinted 5/2/01, Page 7 of 11 42. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 43. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 44. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access, including street and sidewalk improvements, traffic control devices and street name signs, to publicly -maintained streets. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING 45. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 132 AACond PC Tr 28640.wpd .. ) .Frinted 5/2/01, Page 8 of 11 J6 46. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 48. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. QUALITY ASSURANCE 49. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 50. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. 51. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 52. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 53. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 54. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 133 A:\Cond PC Tr 28640.wpd "" ` 3 `Printed 5/2101, Page 9 of 11 FIRE DEPARTMENT 55. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a two-hour duration at 20 psi. 56. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 57. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 58. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 59. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. MISCELLANEOUS 60. Swimming pool and related recration area facilities on Lot 63 shall be installed before issuance of the 30th building permit for this Tract, with plans for facilities approved prior to issance of first building permit. 61. Restroom facilities shall be provided at the common pool and spa complex (Lot 63)• Separate restroom facilities shall be accessible to the golf course maintenance workers and gardeners during their normal working houres as approved by the Community Development Director. 62. Final map(s) shall not be approve or recorded with lot widths of less than 60 feet until a Specific Plan Amendment is approved permitting such lot widths. 63. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless 134 AACond PC Tr 28640.wpd �Pduted 5/2/011 Page 10 of 11 d the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. A 5 A:\Cond PC Tr 28640.wpd �P&l@d 5001, Page 11 of 11 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 28912 TO ALLOW A CHANGE TO CONDITION #33 OF CITY COUNCIL RESOLUTION 98-132 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAPS 28912 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 33 of City Council Resolution 98-132 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 29 acres into 81 single family and other common lots, located on the north side of Avenue 50 and west of Tract 29283 in Rancho La Quinta; and WHEREAS, the City Council of the City of La Quinta, California, did on the 171" day of November, 1998, hold a duly noticed Public Hearing approving the subdivision of 29 acres into 81 single family and other common lots in Rancho La Quinta, more particularly described as: Being a portion of Parcels 6, 7, 10, 11 and 13 of Parcel Map 20469; SW 1 /4 of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 28912 was recorded with the County of Riverside Recorder's Office on September 29, 1999; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.11 5 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and RESOPCTT28912-Greg T. 136 ��'7 Planning Commission Resolution 2001 Amending Tract Map 28912 T. D. Desert Development May 8, 2001 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Final Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 28912 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum)• B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Private streets provide access to all lots and to adjacent tracts. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. RESOPCTT28912-Greg T. 137 Planning Commission Resolution 2001_ Amending Tract Map 28912 T. D. Desert Development May 8, 2001 Page 3 D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Map 28912 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT28912-Greg T. 136 3 6 �� Planning Commission Resolution 2001 Amending Tract Map 28912 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8th day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT28912-Greg T. i 3 3 ,,� 371) PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL- RECOMMENDED AMENDING TRACT MAP 28912, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 2. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Amending Tract Map No. 28912 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) COND PC TR 28912 - GREG Page I of 13 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 2 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 7. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 9. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. COND PC TR 28912 - GREG 14_i Page 2 of 13, 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 3 10. Dedications required of this development include: a. Avenue 50: 50-foot half of 100-foot right of way b. Private street lot "A": 33 feet C. Private street lots "B" through F: 37 feet (may be reduced to 33 feet if parking is restricted on one side including signing and provisions for homeowner association enforcement of the restriction) d. Multi -use drive at north end of Lot "D": 29-foot right of way The applicant shall dedicate or grant the public right of way on the final map or within sixty days of written request by the City - whichever is earlier. 11. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 12. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 13. The applicant shall create a 20-foot perimeter setback along Avenue 50 (20-foot average depth if a meandering wall design is installed). The setback shall apply to all frontage including, but not limited to, remainder parcels, well sites and power substation sites. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall vacate abutter's rights of access along all Avenue 50 frontage. 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage �41 COND PC TR 28912 - GREG " Paaee 3 on 13+ Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 4 media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 18. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping". All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. "Streets and Drainage" plans shall include sidewalks, gates and entryways. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 143 COND PC TR 28912 - GREG Page 4 of 13 - 3 '� Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 5 IMPROVEMENT AGREEMENT 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 144 COND PC TR 28912 - GREG Page 5 of 13 ., j , 3 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 6 GRADING 25. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 26. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 28. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 145 COND PC TR 28912 - GREG Page 6 of 13 �U Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 7 DRAINAGE 31. The applicant shall install City approved nuisance water percolation improvements for nuisance water, with no water directed to the La Quinta Evacuation Channel. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. 32. If the applicant proposes discharge of stormwater or nuisance water directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may required under the City's NPDES Permit or other city or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for these potential obligations. UTILITIES 33. Existing and proposed utilities Withifil OF adjoeent to the proposed development 9hall be installed underground. Power lines exceeding 34.5 KV are exempt frorn this requirern Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 34. Where hardscape improvements are planned, underground utilities shall be installed prior to the hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 35. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 36. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses: a. OFF -SITE STREETS i. Avenue 48 between Dune Palms and Adams Street - Prior to 146 COND PC TR 28912 - GREG Page 7 of 13 . 37? Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 8 approval of any final map or issuance of any construction or building permits within this tentative map, the applicant shall reimburse the City for one half of the cost of improvements to this street. This cost shall be $622,304. ii. Avenue 48 between Dune Palms Road and Jefferson Street and Avenue 50 along the Rancho La Quinta frontage - Secure the cost of applicant's half of these streets, including signals, on a pro rata basis. Basis shall be 80% of the total number of residential units planned for the area lying east and south of the La Quinta Evacuation Channel and more than one quarter mile west of Jefferson Street. This cost shall be $622,304. Construction of the improvements (Avenue 50) and payment of the reimbursement obligation (Avenue 48) secured with this map shall occur as directed by the City but, unless warranted to serve traffic from the Rancho La Quinta development, shall not exceed the pro rata share of this tentative map without the concurrence of the applicant. b. PRIVATE STREETS AND CULS DE SAC Residential Single -Loaded - 33 feet between backs of curbs. ii. Residential Double -Loaded - 37 feet between backs of curbs (33 feet if parking is restricted to one side with appropriate signing and provisions established for homeowners' association enforcement of the restriction. iii. Cul de sac curb radius - 45' iv. Multi -use drive at north end of Lot D - 28-foot travel width V. Typical wedge curb section - revise 3/4" lip section from a radius to a vertical lip with 1 /8" batter 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. 38. The applicant may be required to extend improvements beyond development 147 CondPC Tr. 28912 Page 8 of 13 3/3 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 9 boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and access gates shall be stamped and signed by California -registered professional engineer(s). 40. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 41. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 43. The applicant shall submit current mix designs (<two years old at the time of construction) for base, paving and curb/gutter materials. Submittals shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (<six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 44. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are CondPC Tr. 28912 Page 9 of 13 y q p Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 10 initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 47. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 49. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 50. The applicant shall construct the perimeter wall and landscaping adjacent to the tract prior to final inspection and occupancy of any homes within the tract. The design for the wall shall be approved by the Community Development Department prior to construction. PUBLIC SERVICES 51. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. Y40 CondPC Tr. 28912 Page 10 of 13 �� Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 11 QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 53. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 54. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 55. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 56. The applicant shall make provisions for continuous maintenance of all required improvements until, in the case of public improvements, expressly released from said responsibility by the City. FEES AND DEPOSITS 57. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. PaeIIof 13Y5O CondPC Tr.28912 B Planning Commission Resolution 2001-_ Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 12 FIRE DEPARTMENT 58. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department'. 59. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1500 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 60. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 61. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 62. Prior to recordation of the final map, the applicant will provide alternate or secondary access as approved by the Public Works Department and Fire Department. 63. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. CondPC Tr. 28912 Page 12 of 13 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 28912 May 8, 2001 Page 13 64. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. MISCELLANEOUS 65. Preliminary development plans for all common area lots, the recreation lot "H", and pool lot "I" shall be approved by the Community Development Department prior to approval of the final map by the City Council. Included shall be a schedule for installation of these improvements. CoDdPC Tr. 28912 Page 13 of 13 IL 383 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TRACT MAP 27835 (AMENDMENT #1) TO ALLOW A CHANGE TO CONDITION #12 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY CONDOMINIUM PROJECT IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 27835 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81" day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 12 of City Council Resolution 94-4 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 36 acres into seven lots for 92 condominium units and clubhouse and other common lots, located on the south side of Avenue 48 and west of the Evacuation Channel in Rancho La Quinta connecting to Tracts 27840, 29306 and 29457; and WHEREAS, the City Council of the City of La Quinta, California, did on the 131 day of January, 1994, hold a duly noticed Public Hearing approving the subdivision of 36 acres into residential (92 condos) and other common lots, located on the south side of Avenue 48 and west of the Evacuation Channel, more particularly described as: Being a portion of Parcels 3, 5, 8 and 9 of Parcel Map 20469; North '/2 of Sections 32, T5S, R7E, SBBM WHEREAS, Tract Map 27835 was recorded with the County of Riverside Recorder's Office on June 30, 1994; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- RESOPCTT27835 Greg T. - 153 Planning Commission Resolution 2001 Amending Tract Map 27835 T. D. Desert Development May 8, 2001 Page 2 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27835 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed RESOPCTT27835 Greg T. - 154 Planning Commission Resolution 2001 Amending Tract Map 27835 T. D. Desert Development May 8, 2001 Page 3 at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Map 27835 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT27835 Greg T. - J 8 r J 155 Planning Commission Resolution 2001_ Amending Tract Map 27835 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8" day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT27835 Greg T. - 150 387 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL RECOMMENDED AMENDING TRACT MAP 27835, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1. The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tract Map No. 27835 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter dated August 19, 1998) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Cond PC Tract 27835 Orig - Greg T. Page 1 of 12 157 383 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The approval shall be in compliance with all applicable conditions and applicable provisions of SP 84-004 and applicable Development Agreement. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7. Applicant shall insure that landscaping and utility plans are coordinated to provide visual screening of aboveground utility structures. 8. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and approval with respect to t he District's Water Management Program. TRACT AND BUILDING DESIGN 9. Development of the project site shall comply with amended map Exhibit "A" for TTM 27835, and the following conditions, which conditions shall take precedence in the event of any conflict with the provisions of the tentative tract map. 10. The development of custom, single family lots, if any shall be governed by the following: A. Prior to issuance of an occupancy permit for any house within TTM 27835, landscaping/groundcover shall be installed and appropriately maintained. B. All roof -mounted equipment shall be screened form view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. 389 Cond PC Tract 27835 Orig - Greg T. Page 2 of 12 158 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 3 C. No two-story units shall be allowed within 75-feet of 48`h Avenue per Specific Plan 84-004. D. All dwelling units shall have a minimum two car garage (attached or detached) measuring 20' by in overall size. 1 1 . Any minor changes in lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. PUBLIC SERVICES AND UTILITIES �li+�,�tH \l�l\I�l.t�.l\\i.�il l�l �lil�l�li.��.�\II �\l�l���.\�11�\�l�l�l�\��i,�i1��\�1���,��,�,�,�iti� ��� ����„i.�..� �• Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 13. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 14. All conditions and requirements of CVWD (letter dated Nov. 10, 1993) shall be met. MANAGEMENT 15. Prior to recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The CC and R's shall be recorded at the same that the final map is recorded. Cond PC Tract 27835 Ong - Greg T. Page 3 of 12 150 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 4 A Homeowners' Association with the unqualified right to access the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the HOA. IMPROVEMENT AGREEMENT 16. Applicant shall construct, or enter into a secured agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions and shall meet all other obligations or secured said obligations before approval of this tentative map or before any final map(s) under this tentative tract map as specified hereinafter. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 17. If tract improvements are phased with multiple final maps, off -site improvements and tract -wide improvements (i.e., perimeter walls, common areas and setback landscaping, and gates) required of any final map within this map unless otherwise approved by the City Engineer. Tentative map improvements shall be constructed or secured prior to approval of the first final map. The City Engineer may consider proposals by the applicant to stage the installation of offsite and tract -wide improvements with development of two or more final maps within the tentative map. 18. The applicant shall reimburse the development to the north for the actual cost to that development for construction of improvements to the south side of Avenue 48 contiguous to this tentative tract. This reimbursement may be deferred until Phase II of the Rancho La Quinta development provided the applicant provides security in guarantee of the reimbursement. DEDICATIONS 19. Applicant shall dedicate or deed public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans and as required by the City Engineer. Cond PC Tract 27835 Ong -Greg T. yPage 4 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 5 Dedications or deeds required for approval of this tract include: A. Avenue 48: 55-feet width right-of-way Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. 20. The applicant shal dedicate common -area setback lots, of a minimum width as noted, adjacent to the following street rights of way: /_�TAVMi M— 1 E WZ81 N Minimum widths may be used as average widths for meandering wall designs. Where sidewalks, bike paths, and/or equestrian trails are required, the applicant shall dedicate or deed blanket easements over the setback lots for those purposes. 21. The applicant shall vacate vehicle access rights along the following streets from lots abutting the streets: A. Avenue 48 Access along these streets shall be restricted to approved project entries and emergency access locations. 22. The applicant shall dedicate or deed any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 23. The applicant shall cause no easements to be granted or recorded over any portion of the property included in this tentative map between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. TRACT DESIGN 24. The requirements of the City's Off -Street Parking Ordinance (Chapter 9.150) shall be met concerning all supplemental accessory facilities, as determined by the City Engineer, to discourage on -street parking by residents or guests. Cond PC Tract 27835 Ong - Greg T. 3!12 16 Page 5 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 6 GRADING 25. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 of the LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 26. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 27. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. Prior to issuance of any building permit, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approve on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by the trat phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE 28. The tract shall be graded to permit storm flow in excess of retention capacity to flow out of the tract through a designated overflow and into the historic drainage relief route. Similarly, the tract shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 29. Storm water runoff produced in 24 hours during a 100-year storm shall be retained on -site or channeled in facilities on the adjacent golf course or piped to the adjacent CVWD stormwater channel. Drainage from Lot C and G shall not be conveyed via surface drainage or culvers without the approval of the City Engineer. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. Cond PC Tract 27835 Orig - Greg T. 333 i6 Page 6 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 7 30. In design of retention facilities, the percolation rate shall be considered to be zero unless applicant provides site -specific data that indicates otherwise. For common retention basins a trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons/day per 1,000 feet of drainage area. The retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 31. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. STREET AND TRAFFIC IMPROVEMENTS 32. The City is contemplating adoption of a major thoroughfare improvement program is in effect 60-days prior to recordation of any final map for this development, the development shall be subject to the provisions of the Ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 33. Improvement plans for all on -site and offsite street and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans' design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section for use during development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. Y. 6 3 Cond PC Tract 27835 Orig - Greg T. Page 7 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 8 34. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians where required, street name signs, and sidewalks. Mid -block street lighting is not required. 35. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This includes street width transitions extending beyond the tract boundaries. 36. The following street and landscaping improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Lots A, C and G - 26' (18+18 for one way couplet on Lot C). Lots A, C and G shall be posted "No Parking" with a sufficient number of signs that at least one sign is clearly visible from each potential on -street parking opportunity. B. Lot B - 36' (20+20 for one-way couplet at entry drive). LANDSCAPING 37. The applicant shall provide landscaping improvements in required setbacks, common, and median lots along the following streets: A. Avenue 48 The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 38. Landscape and irrigation plans for common lots, setbacks and medians shall be signed and stamped by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Community Development Director, the City Engineer, the CVWD, and the Riverside County Agricultural Commissioner. 64 Cond PC Tract 27835 Ong -Greg T. Page 8 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 9 QUALITY ASSURANCE 39. The City is contemplating adoption of a quality -assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality -assurance program. If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures with meet the approval of the City Engineer. 40. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 41. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings", "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster - image files previously submitted to the City to reflect as -constructed conditions. FIRE DEPARTMENT 42. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2.5" X 2.5") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. 43. The water mains shall be capable of providing a potential fire flow of 2,500 g.p.m. and an actual fire flow available from any one hydrant shall be 1,500 g.p.m. for a two-hour duration at 20 psi. 44. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". Cond PC Tract 27835 Orig - Greg T. 165 Page 9 of 12 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 10 45. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 46. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 47. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant location will be stipulated when building plans are reviewed by the Fire Department. MAINTENANCE 48. The applicant shall make provisions for continuous maintenance of landscaping and related improvements. 49. The applicant shall maintain the landscaped areas of the subdivision such as common lots, landscaped setbacks and retention basins until those areas have been accepted for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council. FEES AND DEPOSITS 50. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISCELLANEOUS 51. On- and off -site grading, drainage, street, lighting, landscaping and irrigation, park, gate and perimeter wall plans shall be submitted to the Engineering Department for plan checking. The plans are not approved for construction until they have been signed by the City Engineer. 52. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall traffic control devices and street name signs along access roads to those buildings. Cond PC Tract 27835 Orig - Greg T. Page 10 of 12 166 3y 7 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 11 53. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the subject property. 54. Restroom facilities for the grounds keepers shall be provided in the vicinity of golf course, and a permanent golf course and homeowners maintenance facility shall be constructed on the property to the satisfaction of the Community Development Director. 55. All outdoor lighting shall comply with Section 9.60.160 of the Zoning Ordinance. 56. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The applicant/developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and steel and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green waste associated with golf course and common area maintenance. Compost materials shall be stored for pick-up by Waste Management, or an authorized hauler for transplant to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. 57. The specific plan requires 10 acres of land to be dedicated for park purposes. 7.8 acres has been dedicated to date. The balance of 2.2 acres shall be paid as a in -lieu fee prior to recordation of the final map. 58. Per the Specific Plan Conditions of Approval, a contribution of $100,000.00 as a fire mitigation measure, shall be paid prior to issuance of the first building permit for production of any custom homes. 59. A complete pedestrian and bicycle path system shall be provided within the project. The design shall be subject to the approval of the Community Development Director. 16'7 Cond PC Tract 27835 Ong - Greg T. Page I I of 12 �� 3y Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 27835 May 8, 2001 Page 12 60. Per SP 84-004, a noise study shall be completed prior to sidewalk and perimeter wall construction beginning to insure compliance with applicable noise standards. 61. The Dune Palms entry design layout (traffic) shall be approved by the Public Works Department, Fire Marshal and Community Development Department prior to recordation of the final map. 62. The parking lot layout for Lot "E" shall be reviewed and approved by the Public Works and Community Development Departments. Landscaping plans shall be approved by the Community Development for Lot E. 63. Lot "F" shall be used as a parking lot for Phase II of the Casitas product. The lot shall be installed prior to final occupancy of the 10`h unit in Phase II. Cond PC Tract 27835 Ong - Greg T. Page 12 of 12 33J0 -168 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 29306 TO ALLOW A CHANGE TO CONDITION #34 OF CITY COUNCIL RESOLUTION 99-99 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: TRACT MAP 29306, AMENDMENT #1 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8'h day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 34 of City Council Resolution 99-99 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 26.4 acre site into 75 single family and other common lots, located on the south side of 48'h Avenue and 500-feet east of Dune Palms Road in Rancho La Quinta with connections to Tract 29457 and 27835; and WHEREAS, the City Council of the City of La Quinta, California, did on the 3" day of August, 1999, hold a duly noticed Public Hearing approving the subdivision of 26.4 acre site into 75 single family and other common lots, located on the south side of 481h Avenue and 500-feet east of Dune Palms Road, more particularly described as: Being a portion of Parcels 12, 14, 15, 18 and 19 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; N'/z of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 29306 was recorded with the County of Riverside Recorder's Office creating said lots on April 6, 2000; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of RESOPCTT29306 - Greg 169 4 01-) Planning Commission Resolution 2001 Amending Tract Map 29306 T. D. Desert Development May 8, 2001 Page 2 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001- 421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 29306 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from internal streets planned under this tract and Tract 27835. The density and design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. RESOPCTT29306 - Greg a r� 1L d U 404 Planning Commission Resolution 2001 Amending Tract Map 29306 T. D. Desert Development May 8, 2001 Page 3 The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and, RESOPCTT29306 - Greg 171. 402 Planning Commission Resolution 2001_ Amending Tract Map 29306 T. D. Desert Development May 8, 2001 Page 4 4. That it does recommend approval to the City Council of Amending Tract Map 29306 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8th day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT29306 - Greg 172 -403 PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29306, RANCHO LA QUINTA T. D. DESERT DEVELOPMENT MAY 8, 2001 GENERAL 1 . The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC)• approval shall expire and become mull and void an August 3, 2001, unless an extension of tmfne as granted aceaMing to th, requirements of Section 13.12.150 o+ 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 173 AdCond PC29306RancfiLQ.wpd-GREG - , - 4 L) i Page I of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall consolidate or reconfigure underlying lots and parcels so that none are reduced to an illegal size or shape by the overlay of this map. 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Lots A & D (Private Collectors): 37 feet B. Lots B & C (Private Culs de Sac): 37 feet with 45.5-foot bulb radius. C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 9. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10, The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 1 1 . The applicant shall create a 20-foot perimeter setback along Avenue 48. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. 174 1$ �0ke2 of 12 A:\Cond PC29306RanchLQ.wpd - GREG ll/l J Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48 except for the 30- foot driveway centered approximately 35 feet west of the most easterly boundary of Lot 77. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have r�75 •�i V r' � Page 3of l2 AXond PC29306RanchLQ.wpd - GREG Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. AACond PC29306PanchLQ.wpd - GREG 407 17G Page 4 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 23. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 24. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 25. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 4U�71 Page 5 of 12 A:\Good PC29306RanchLQ.wpd - GREG Planning Commission Resolution 2001- Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 26. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 29. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 31. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 32. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such I 178 AXond PC29306RanchLQ.wpd - GREG 4 U Page 6 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 33. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 34. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 35. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 37. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 11 Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. 2) Construct six-foot meandering sidewalk along Avenue 48. B. ON -SITE PRIVATE STREETS 1 179 A:\Cond PC29306RanchLQ.wpd - GREG 11 Page 7 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 1) Lots A & D (Private Collectors) - 36 feet between curbfaces. 2) Lots B & C (Private Culs de Sac) - 36 feet between curbfaces, 45-foot curb radius on cul de sac bulbs. 38. Improvements shall include appurtenances such as traffic control signs, markings and other devices; street name signs and sidewalks. Mid -block street lighting is not required. 39. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 40. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 41. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 42. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical 0/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 43. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" AACond PC29306RanchLQ.wpd-GREG !so 1 41 Page 8 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 44. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 45. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 46. The applicant shall provide landscaping in required setbacks and common lots, and park areas. 47. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 49. Front yard landscaping for future houses shall consist of a minimum of two shade trees (1.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees (1.0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. A:Wond PC29306RanchLQ.wpd -GREG -• 4 Sage 9 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 52. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 53. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 54. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 55. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AND DEPOSITS 56. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 57. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. Y�r) 413age 10 of 12 A:\Cond PC29306RanchLQ.wpd - GREG Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La Quinta May 8, 2001 FIRE DEPARTMENT 58. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 59. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 60. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 61. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 62. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. MISCELLANEOUS 63. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 64, Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 65. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. A:\fond PC29306RanchLQ.wpd - GREG 414 183 Page 11 of 12 Planning Commission Resolution 2001- _ Tentative Tract Map 29306, Rancho La u Qinta May 8, 2001 66. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. 184 A:\Cond PC29306RanchLQ.wpd - GREG 1 ` 41 ige 12 of 12 PLANNING COMMISSION RESOLUTION 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 25154 (AMENDMENT #1) TO MODIFY CONDITION #20 OF CITY COUNCIL RESOLUTION 92-18 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 25154 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81h day of May, 2001, hold a duly noticed Public Hearing to consider amending City Council Resolution 92-18 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 27.5 acres into 98 single family and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive in Rancho La Quinta connecting to Tract 28343; and WHEREAS, the City Council of the City of La Quinta, California, did on the 4Lh day of February, 1992, hold a duly noticed Public Hearing approving a one year time extension for Tentative Tract Map 25154, a subdivision of 27.5 acres into 98 residential and other common lots, located on the northeast corner of Sagebrush Avenue and Date Palm Drive under Resolution 92-18; and WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of December, 1989, approve TTM 25154, subject to conditions, more particularly described as: Parcel 1 of Parcel Map 25187; SYz of Section 31, T5S, R7E, SBBM WHEREAS, Tract Map 25154 was recorded with the County of Riverside Recorder's Office on June 24, 1992; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.115 of the Subdivision Ordinance; and RESOPCTT25154 Greg T - p 18, Planning Commission Resolution 2001_ Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 2 WHEREAS, said Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001-421) and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings: A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 27835 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum)• B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots occurs via existing private streets. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. RESOPCTT25154 Greg T Planning Commission Resolution 2001_ Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 3 C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004, The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this RESOPCTT25154 Greg T - ,: � 4Ifl�8 7 Planning Commission Resolution 2001_ Amending Tract Map 25154 T. D. Desert Development May 8, 2001 Page 4 Resolution and as stated in the Environmental Assessment Checklist and Addendum on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Tract Map 25154 (Amendment #1) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 8`h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT25154 Greg T „ 41Q PLANNING COMMISSION RESOLUTION 2001-_ CONDITIONS OF APPROVAL RECOMMENDED AMENDING TRACT MAP 25154, RANCHO LA QUINTA T.D. DESERT DEVELOPMENT MAY 8, 2001 CONDITIONS OF APPROVAL GENERAL 1 . The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Amending Tract Map No. 25154 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. The Applicant acknowledges that the City is considering a Citywide Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any easements will be done on a benefit basis, as required by law. 4. The applicant/developer shall cause no easements to be granted or recorded over any portion of the property included in this tentative map between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 5. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following Departments or public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • CV Unified School District Cond PC Tr. 25154 Greg Page I of 7 18 �� Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 2 • Coachella Valley Water District • Imperial Irrigation District • US Post Office The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 6. Prior to issuance of a grading or building permit or final inspection, the Applicant shall prepare and submit a written report to the Community Development Department demonstrating compliance with those Conditions of Approval and Mitigation Measures of EA 89-144, which must be satisfied prior to the issuance of the respective permit(s). The Director may require inspection or other monitoring to assure such compliance. CONDITIONS TO BE SATISFIED PRIOR TO GRADING PERMIT(S 7. A grading plan shall be prepared by a registered civil engineer. The plan shall be submitted on 24" by 36" media and must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 8. Prior to issuance of any building permit, the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approve on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by the trat phase and lot number and shall be cumulative if the data is submitted at different times. 9. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 of the LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. Cond PC Tr. 25154 Greg `" of 7 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 3 10. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscape or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 11. Drainage disposal facilities shall be provided as required by the City Engineer. The applicant shall comply with the provisions of the City's Master Plan of Drainage, including payment of any drainage fees required therewith. The design facilities shall be capable of handling a 100-year storm. Applicant shall provide drainage easements as required across lots abutting the La Quinta Evacuation Channel. 12. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. 13. Developer shall comply with all applicable requirements of the City Fire Marshal. 14. The Developer shall obtain an encroachment permit from the CVWD prior to any construction within the La Quinta Evacuation Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. Developer shall install suitable facilities to prohibit access to this right-of-way from the subject tract. 15. Prior to any issuance of land disturbance permits, the Applicant shall contract with the University of California Riverside Archaeological Research Unit to perform a reevaluation of the project site. The results of this evaluation shall be submitted to the Community Development Department for review, along with the proposed method of testing for any potentially significant sites identified in the evaluation. If potentially significant sites are identified, the Applicant shall submit an archaeological mitigation plan to indicate the status of any existing archaeological/cultural resources of any potential significance. Said plan shall identify any existing reports done by UCR, and shall include methods by which any significant or potentially significant sites will be inventoried and/or excavated. A Mitigation and Monitoring Program shall be required to be submitted, specifying a qualified archaeological monitor, including any assistants and other representatives. The statement shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Community Development Department. The designated monitors or their authorized representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of Cond PC Tr. 25154 Greg 422 191 Page 3 of 7 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 4 resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. CONDITIONS TO BE SATISFIED PRIOR TO FINAL MAP APPROVAURECORDATION 16. Applicant shall comply with the following requirements of the Public Works Department: a. The Applicant shall dedicate all necessary public street and utility easements as required, including all corner cutbacks. b. The Applicant shall submit street improvement plans that are proposed by a registered civil engineer. Street improvements, including traffic signs and markings shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code (3" A.C. over 4" Class 2 Base minimum for residential streets). 17. The Applicant shall acquire and dedicate a 30-foot right-of-way easement over the property to the south of the subject site (portion of Sagebrush Ave.), for street construction purposes unless an alternative arrangement is approved by the Public Works Department. 18. Culs-de-sac streets shall have a minimum outside curb radius of 45-feet. Present design will require additional right-of-way dedication as sidewalks are required. 19. The Applicant shall construct or bond for street improvements to the requirements of the City Engineer and the LQMC, as follows: a. The interior public street system shall be designed pursuant to the approved Exhibit "A" (Tract Map) for TTM 25154, and the requirements of the City Engineer. All streets shall maintain a 2% cross slope from centerline to edge of pavement. Any variations to the approved street system design sections shall be subject to review and approval by the Public Works Department. 20. All utilities will be installed and trenches compacted to City standards prior to construction of any streets. The soils engineer shall provide the necessary compaction test reports for review by the City Engineer, as may be required. Existing overhead lines and all proposed utilities within or adjacent to the Cond PC Tr. 25154 Greg - "% I 41ta'89 4 of � Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 5 proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 21. If the Applicant desires to phase tract improvements, tract phasing plans shall be submitted for review and approval by the City Engineer and Community Development Department prior to recordation of any final map under this tentative map. 22. The Applicant shall comply with all requirements of the CVWD. Any necessary parcels for District facility expansion shall be shown on the Final Map and conveyed to the District, in accordance with the Subdivision Map Act. 23. The Developer shall comply with all applicable requirements of the Fire Marshal prior to final map approval. 24. Applicant shall pay in -lieu parkland fees prior to final map approval. 25. A noise study shall be prepared by a qualified acoustical engineer, to be submitted tot he Community Development Department for review and approval prior to final map approval. The study shall concentrate on noise impacts on the tract from perimeter internal streets, and surrounding land uses, and recommend alterative mitigation measures. Recommendations of the study shall be incorporated into the tract design. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers, etc. 26. The Tract layout shall comply with the Zoning Code requirements (i.e., 7,200 square foot lot sizes, etc.). 27. All residential lots within the approved boundaries of TTM 25154 shall only be conveyed to new ownership with the following declaration: "This property may be subject to limited or restricted viewshed(s) due to surrounding preciously approved developments to the north and west of this tract (Tracts 24545 and 21555). Northerly views will be limited by approved landscaping and fencing which may be approximately eight to 12-feet above finished grade of this property. Westerly views may be impacted due to development of two story homes on certain lots within the Parc La Quinta project. The prospective buyer is urged to investigate the full range of any potential view impacts prior to committing to any agreement(s)•" Cond PC Tr. 25154 Greg Page 5 of 7 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 6 28. Plans for single family houses shall be reviewed and approved by the Planning Commission. The approved architectural standards shall be included in the CC and R's for the tract. 29. Applicant shall submit a unit siting plan at the time of submittals for architectural review of any phased tract development. Siting plan shall include two-story locations, if any, and shall be review ed by the Planning Commission along with the proposed unit types. If lots are sold on an individual basis, the Applicant understands that approvals of any two-story units on any lot are not guaranteed and will be reviewed on a case by case basis by the Community Development Department. If phased tract development occurs, (see Condition #28) CC and R's are required to be submitted to the City for review prior to final map recordation; the above restriction shall be noted in the CC and R's, if required. 30. The westerly termination point of the street shown as Lot "D" shall be gated with controlled access device that restrict ingress/egress to emergency vehicles. Permits for the installation of controlled access devices shall be obtained form the Building and Safety Department and Fire Marshal prior to installation. 31. Applicant shall reimburse the City for 25% of the cost to design and install a new traffic signal at Washington St. and Sagebrush Ave. intersection. TRACT DESIGN 32. Prior to any landscape installations, the Applicant shall submit to the Community Development Department for review and approval a plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation systems for all areas to be landscaped. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan; b. Location and design detail of any proposed and/or required walls; and C. Exterior lighting plans. 33. Landscaping of all units shall be in compliance with Section 9.60.240 of the Zoning Ordinance. Cond PC Tr. 25154 Greg Page 6 of 7 Planning Commission Resolution 2001- Conditions of Approval - Recommended Amending Tract Map 25154 May 8, 2001 Page 7 34. Developer shall be required to participate in the installation of a suitable buffer along the eastern tract boundary, between the residential lots and the future maintenance facility for the Rancho La Quinta. Mutual participation by the Developer of this tract and the Developer of Rancho La Quinta shall be required to provide an acceptable situation for both parties. Design components of the buffer area may include, but are not limited to walls, berming/landscaping, grade variations, setbacks, etc. Design of the buffer area shall be subject to review and approval of the Community Development Dept. The improvement(s) of the buffer shall be installed at the site of any development activity on either property; any reimbursement agreement(s) arrangement will be solely the responsibility of the Developers involved. 35. The Community Development Department shall approve the following uses: a. Temporary construction facilities; b. Sales facilities, including their appurtenant signage. C. On -site advertising/construction signs. 36. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 4Gu^ 195 Cond PC Tr. 25154 Greg Page 7 of 7 PLANNING COMMISSION RESOLUTION 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDING TRACT MAP 29283 TO ALLOW A CHANGE TO CONDITION #37 OF CITY COUNCIL RESOLUTION 99-100 REQUIRING UNDER GROUNDING OF OVERHEAD TRANSMISSION LINES FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION IN RANCHO LA QUINTA CASE NO.: AMENDING TRACT MAP 29283 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 2001, hold a duly noticed Public Hearing to consider amending Condition No. 37 of City Council Resolution 99-100 to allow an exemption to the under grounding of existing overhead utility lines on Imperial Irrigation District high voltage power lines (92 Kv) for a subdivision of 23 acres into 59 single family and other common lots, located on the northeast corner of 501h Avenue and Orchard Lane in Rancho La Quinta with connections to Tracts 28912 and 29457; and WHEREAS, the City Council of the City of La Quinta, California, did on the V day of August, 1999, hold a duly noticed Public Hearing approving the subdivision of 23 acres into 59 single family and other common lots, located on the northeast corner of 501h Avenue and Orchard Lane, more particularly described as: Being a portion of Parcels 6, 7, 10, 11, 13 and 14 of Parcel Map 20469 as filed in Book 140 of Maps on Pages 95-100 inclusive, County of Riverside, State of California; SW 1 /4 of Section 32, T5S, R7E, SBBM WHEREAS, Tract Map 29283 was recorded with the County of Riverside Recorder's Office creating said lots on October 4, 2000; and WHEREAS, the applicant is requesting to amend a final map pursuant to Section 13.20.1 15 of the Subdivision Ordinance; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department t has prepared an Initial Study (EA 2001 - RESOPCTT29283 Greg -4G. Planning Commission Resolution 2001 Amending Tract Map 29283 T. D. Desert Development May 8, 2001 Page 2 4211 and has determined that the proposed project(s) could not have a significant adverse impact on the environment based on the proposed mitigation measures and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings; A. The proposed Map Amendment is consistent with the City of La Quinta General Plan and any applicable specific plans. A Specific Plan and General Plan Amendments are being processed concurrently with this application to ensuring compliance with City standards and requirements. The project is within a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of two to four units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 designates the site as residential and golf course which permits single family dwellings and golf related facilities. Tract Map 29283 is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from internal streets planned under this tract and Tract 28912. The density and design standards for the Tract comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury RESOPCTT29283 Greg 42497 Planning Commission Resolution 2001 Amending Tract Map 29283 T. D. Desert Development May 8, 2001 Page 3 to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. The existing overhead transmission lines do not pose a threat adjacent properties in that they were installed pursuant federal and state requirements under the supervision and direction of the Imperial Irrigation District personnel. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements as required by SP 84-004. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum) and Environmental Assessment 98-357 for Specific Plan 84-004; 3. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-421 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigated Negative Declaration on file with the Community Development Department; and 4. That it does recommend approval to the City Council of Amending Tract Map 29283 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPCTT29283 Greg 4-�g 19S Planning Commission Resolution 2001_ Amending Tract Map 29283 T. D. Desert Development May 8, 2001 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 81h day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPCTT29283 Greg 4�rj 99 PLANNING COMMISSION RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED AMENDING TRACT MAP 29283 - RANCHO LA QUINTA T. D. DESERT DEVELOPMENT MAY 8, 2001 GENERAL The developer/property owner agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project including but not limited to indemnifying and holding harmless the City from any challenge regarding SP 84-004 (Amendment #4), GPA 2001-073, EA 2001-421, and affiliated subdivision maps. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This approval shall expire and become null and void in two years, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's A:Tund TT29283RanchLQ Original.wpd - Greg T--- Page 1 of 15 '31 inn r� � I 11 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 2 Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Dedications or grants required of this development include: A. Avenue 50: 50-foot half of 100-foot right of way B. Lot A (Via Conquistador) - Private Cul de Sac: 37 feet with 45.5-foot radius at bulb. C. Lot B - Private Street: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side prohibited provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. D. Lot C - Shared Private Entry: 49 feet (applicant's share reducing to 24.5 feet at the confluence with neighboring tract's share of the right of way.) The applicant shall dedicate or grant an easement to the neighboring property over the shared portion of the entryway. The easement may be conditional upon receipt of the reciprocal easement from the neighboring property owner. A:ACond'rT29283RanchLQ Original.wpd - Greg T- — Page 2 of 15 432 201. Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 3 E. The applicant shall grant flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated Ito elevation 50.00) from the La Quinta Evacuation Channel. 8. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths if necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements over those areas within 60 days of written request by the City. 11. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create a 20-foot perimeter setback along Avenue 50. The 20-foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to Avenue 50. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. A:ACond TT29283RanchLQ Original.wpd - Greg T--- Page 3 of 15 433 202 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 4 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. A:Tond TT29283RanchLQ Original.wpd - Greg T- -- Page 4 of 15 4�J203 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 5 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 21. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements. 22. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 23. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the A:\fond TT29283RanchLQ Original.wpd - Greg T--- Page 5 of 15 43-�04 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 6 schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 24. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., perimeter walls & landscaping, common lots and entry gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 25. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 26. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 27. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which A:ACoed TT29293RanchLQ Originalmpd - Greg T— Page 6 of 15 43ru5 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 7 are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 28. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 30. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 31. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 32. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 33. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. AXond TT29283RanchLQ Original.wpd - Greg T-- Page 7 of 15 �3t 06 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 8 DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 35. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&R's for meeting these potential obligations. UTILITIES 36. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 37. Existing OVeFhead 'Ones and all Proposed titildbes "in or adjacen to the Propose-.' Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground, unless otherwise permitted by General Plan Amendment 2000-073. 38. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. A:ACond'LT29283RanehLQ Original.wpd - Greg T--- Page 8 of 15 33zUr 7 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 9 STREET AND TRAFFIC IMPROVEMENTS 39. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 40. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 48 and Avenue 50 Pro Rata Reimbursement - The applicant shall remunerate the City for this Tentative Tract's pro-rata share of Avenue 48 and Avenue 50 improvements as required by Specific Plan 84-004. Unreimbursed improvements to Avenue 50 (required below) shall be a credit towards the contribution. 2) Avenue 50 (Primary Arterial) - Construct 38-foot half of a 76-foot improvement (between faces of outside curbs) plus six-foot sidewalk from the entry drive to Park Street. Construct the full landscape median subject to reimbursement from funds previously provided by developments on the south side of Avenue 50. If the City's currently -planned project to reconstruct the north side of Avenue 50 is completed, the applicant will not be required to replace that pavement but, after completion of the median and widening, shall overlay the full width of the pavement north of the median, slurry seal the full width south of the median and restripe as directed by the City Engineer. B. ON -SITE PRIVATE STREETS 11 Lot A (Via Conquistador) - 36 feet between curbfaces or flowlines, 45-foot curb radius on cul de sac bulb. 2) Lot B - 36 feet between curbfaces or flowlines. Width may be reduced to 32 feet for parking restricted to one side and 28 feet with on -street parking is prohibited if there is adequate off-street parking for residents and visitors A:\Cond T129283RanchLQ Oiiginal.wpd -Greg T--- Page 9 of 15 43 208 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 10 and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. 3) Lot C - (Entryway) - 16 feet between outside and median curbfaces plus half of the 8-foot median. Construct (if warranted) or secure 50% of the cost of a traffic signal on Avenue 50. This entry shall not be opened for use until the full improvement is constructed unless an interim configuration is approved by the City Engineer. Turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 42. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 43. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 44. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #80O/800a, #801 and #805 respectively unless otherwise approved by the City Engineer. 45. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. A.ACund TT29283Ranchl-Q Original.wpd - Greg T- -- Page 10 of 15 44f) 209 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 11 Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 46. Direct access from public streets is limited to the shared entry on Avenue 50. 47. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 48. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 49. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 50. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. AAfondT'r29283RanchLQ Originalmpd-GregT-— Page 1/1 of 15 YY ��Q Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 12 51. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 53. Perimeter tract walls and required landscaping shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 54. Front yard landscaping for future houses shall consist of a minimum of two shade trees 0.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees (1 .0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. PUBLIC SERVICES 55, The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. A.W nd T129283RanchLQ Original.wpd -Greg T-- Page 12 of 15 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 13 58. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 60. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. FEES AND DEPOSITS 61. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 62. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. FIRE DEPARTMENT 63. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. A:ACond TT29283RanchLQ Originalmpd - Greg -- Page 13 ofe )51 2 443 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 14 64. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 65. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "Icertify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 66. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 67. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 68. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 69. Gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. MISCELLANEOUS 70. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 71. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. A.Afond TT29293RanchLQ Original.wpd - Greg T- -- Page 14 of 15 4*� �13 Resolution 2001- Amending Tract Map 29283 May 8, 2001 Page 15 72. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 73. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. A9Cond TT29283RanchLQ Original.wpd - Greg T-- Page 15 Of 15 44� 214 ATTACHMENTS 44U 215 City Council Minutes Attachment 1 February 15, 2000 4. CONSIDERATION OF A LETTER OF INTENT TO SEEK ANNEXATION FROM THE VILLAGE AT THE PAZAND LFI DENTIAL DEVELOPMENT LOCATED WEST OF MONROE SSOU OF AIRPORT BOULEVARD. Mayor Pena abstai edot tial conflict of interest and left the dais. Community Developmr Her presented a brief report as outlined in the staff eport. A brief"discussion ensin Council co666rred to mo forward with the annexation process. MOTION It was mouncil Members Perkins/Henderson to authorize staff to begin the anncess for the property located at the southwest corner of Madison Street and Airport Boulevar land to contact -.the properly owners of the adjacent 76 acres to see if thAy wish -to be included in thle annexation. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 2000-33. 5. CONSIDERATION OF A REQUEST TO WAIVE THE UNDER -GROUNDING OF UTILITY LINES FOR RANCHO LA QUINTA. Community Development Director Herman presented the report as outlined in the staff report. Council Member Adolph questioned who would pay for future undergrounding costs and suggested the developer provide a bond. Council Member Henderson felt the costs would most likely be paid by the local property owners through an Assessment District or spread by IID to all their customers. After a brief discussion, Council concurred to grant the waiver. MOTION - It was moved by Council Members Sniff/Adolph to instruct the applicant to prepare and submit the necessary amendments for the Rancho La Quinta Specific Plan and Tract Maps (to waive the requirement for utility undergrounding). Motion carried unanimously. MINUTE ORDER NO. 2000-34. 44;216 Attachment 3 Q d t 440 21§ ® ® M ® M ® a ® 0 M M ® ■ PLAWLAND Attachment 5 o � GITY �`p pARTMENT PIANNIN� f� r .-r EvckAl �a o, d ,V nF ° ag a t� a;a T;,� s a MEMONOMEWWWAMUNUM -Nnnml ,: V�Y�) I 9 60N CPBXZ 1�YY1 3.L1RLfl F R �� v 34MVE 19TM1 3.V10431 �j 16 � huh. f r _ _ _ _ S .. a —�. A �.ie � �f -- �� "" a � k is o � � � � �. 3 ,. ,. ,. .... ... ..'. ._ --� d�� ,,. .. ., �. ..� 22 PLANNING COMMISSION STAFF REPORT DATE: MAY 8, 2001 CASE NUMBER: SITE DEVELOPMENT PERMIT 2001-704 APPLICANT: MR. PETE BILICKI PROPERTY OWNER: ESTATES 18, L.L.C. REQUEST: RESIDENTIAL TRACT DEVELOPMENT REVIEW OF TWO SINGLE FAMILY PROTOTYPES WITH THREE AND TWO FACADE TREATMENTS, RESPECTIVELY, AND LANDSCAPE DESIGN PLANS LOCATION: ALONG PENINSULA LANE WITHIN PGA WEST (ATTACHMENT 1) ENVIRONMENTAL CONSIDERATION: THE PROJECT IS WITHIN SPECIFIC PLAN 83-002 (PGA WEST), FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 83062922) WAS CERTIFIED BY THE CITY COUNCIL ON MAY 15, 1984 (RESOLUTION 84-28). NO CHANGED CIRCUMSTANCES OR CONDITIONS EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. Tract 28522 was approved in June 1998 and subsequently recorded. The tract at the time was established as a custom home subdivision. To date, no homes have been proposed within this tract; therefore, the units under review are not subject to the compatibility provisions of the Zoning Code. The applicant requests approval for two prototypes of 4,621 and 4,675 square feet. Prototype 1 provides two master suites along with an attached guest casita, library, grand room, casual room, and a common billiard and game room. This plan allows an option (4621-2) for separate bedroom and library spaces in lieu of the common game CAW rkgrp\PCrpt\perptsdp704.wpd 5 and billiard room, with the library as an exercise room. Prototype 2 provides two master suites along with a third bedroom and attached casita suite, as well as a grand room and exercise room. Both plans feature a central courtyard and three -car garage. Prototype 1 has three elevation schemes and Prototype 2 proposes two. Both plans retain their basic architectural elements, featuring use of stone elements, varying window and roof line treatments, entry porticos and other minor design variations. No significant variation is evident between the right left and rear elevations of either plan. The building architectural style and treatments evoke Mediterranean and Spanish Hacienda influences, consisting of stucco, clay "S" roof tile, and stone veneers. Exterior material color tones are in varying shades of brown, reddish -brown and beige, arranged to accent the significant building elements. Building heights are single story - 18' 6" for Prototype 1 and 18' 8" for Prototype 2, well under height limits applicable to the PGA West and Weiskopf Specific Plans. Proposed on -site landscaping for the site consists of the common areas along the drive lane and the front yard areas for each lot. Currently, approximately 90% of the common area landscaping is in place and viable. The plant palettes for the common and front yard areas are based on several commonly used tree, shrub and flowering plant species used in the original design. Proposed common area landscaping will supplement and replace some of the existing landscaping work previously installed for this tract during initial marketing of the lots as custom home sites. ALRC Action - On May 2, 2001, the ALRC reviewed these two prototype architectural plans. No issues were raised by the Committee, which unanimously recommended approval of the site development permit by Minute Motion 2001-019 (Attachment 2)• Residential Tract Development Review Req it m n - Each prototype plan and elevation meets the standards as specified by Section 9.6O.33O.D of the Zoning Code. The existing and proposed tract landscaping is consistent with the requirements specified in Section 9.60.330.E, pertaining to enhanced design treatments for vehicular tract entries. As required by Section 9.210.010 (Site Development Permits) of the Zoning Ordinance, the following findings to approve Site Development Permit 2001-704 are provided: 1 . The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a single family home in an established residential tract zoned and General Plan -designated for Low Density Residential development. C:\Wrkgrp\PCrpt\perptsdp 704. wpd 4 ,5 2. The proposed Site Development Permit is consistent with the La Quinta Zoning Code, as it proposes single family homes in an established residential tract zoned for RL (Low Density Residential) development. 3. The proposed Site Development Permit is exempt from the requirements of the California Environmental Quality Act (CEQA), as the project is within Specific Plan 83-002 (PGA West), for which an Environmental Impact Report (State Clearinghouse # 83062922) was certified by the City Council. 4. The architectural design aspects of the proposed Site Development Permit provide interest through varied roof element heights, enhanced building entries, stone veneer wainscot and facade treatments, horizontal banding and other design details which will be compatible with and not detrimental to surrounding development in PGA West, and with the overall design quality prevalent in the City. 5. The site design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in PGA West, and with the overall design quality prevalent in the City. 6. The project landscaping for the proposed Site Development Permit has been designed to unify and enhance visual continuity of the proposed homes with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to accentuate views into the building architecture. The plant palette for common area landscaping will accent and be complementary to the retention of existing landscaping improvements along the common areas. Adopt Minute Motion No. 2001- , approving Site Development Permit 2001-704. Attachments: 1 . Location Map 2. ALRC Minutes of May 2, 2001 3. 11 " x 17" Exhibits (Committee Members only) Prepared by: Wallace Nesbit, Associate Planner SpVmitted by: \\ Christine di lorio, P nning Manager CAW rkgrp\PCrpt\perptsdp704. wpd 45r 52nd JAVENUE = 53rd AVENUE I u+ 54th AVENUE PGA BLVD. Site JACK NICKLAUS RMERA PGA WEST CASE Na 8 ATTACHMENT 1 L _DESCRIPT A PORTION OF PARCEL 2 OF L.L.A. NO. 95-208 CASE MAP Tentative Tract Map 28522 NORTH SCALE: WrS MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 2, 2001 L TO ORDER 10:00 a.m. A. \,This meeting of the Architectural and Landscaping Committee was called t' order at 10:03 a.m. by Planning Manager Christine di lorio who led the fla. salute. B. Comm' tee Members present: Dennis Cunningham and Bill Bobbitt. It was mo d and seconded by Committee Members Cunningham/Bobbitt to excuse ommittee Member Reynolds. Unanimously approved. C. Staff present: lanning Manager Christine di lorio, Associate Planner Wally Nesbit, an Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGE A: Confirmed. IV. CONSENT CALENDAR: A. Planning Manager Christine di lori asked if there were any changes to the Minutes of April 18, 2001. There1qeing no corrections, it was moved and seconded by Committee Members bbitt/Cunningham to approve V. BUSINESS ITEMS: A. Site Development Permit 2001-704; a request of Mr. Peter Bilicki for review of an 18 lot development of two prototypes with three and two facade treatments, respectively, and landscape design plans located along Peninsula Lane within PGA West. 1. Associate Planner Wally Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham stated he had no issues with the project and that controls inside gated communities are adequate to deal with new units. 45 G:,WPDOCS\AL.RC5-2-01.wpd 1 ATTACHMENT 2 Architectural & Landscape Review Committee Minutes May 2, 2001 3. Committee Member Bobbitt stated he had no objections to the project. 4. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2001-019 recommending approval of Site Development Permit 2001-704 subject to conditions as recommended. Unanimously approved. Site Development Permit Zuuu-iui; a requesr or i rsv ua-UurrTra-/v, Limited Partnership for review of architectural and landscape plans for two new prototype residential units each with three facades located at the northwest corner of Bellerive and Winged Foot within PGA West Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked staff to identify the cation. Mr. Peter Bilicki noted on the plans the location. C mittee Member Cunningham stated he had no issues with the 3. Comm ttee Member Bobbitt stated he had no questions or objectto s to the project. 4. Mr. R. C. bbs asked for clarification as to when a compatibility review was quired. Staff explained when a compatibility review was required. Discussion followed regarding compatibility. 5. There being no fu her discussion, it was moved and seconded by Committee Membe Bobbitt/Cunningham to adopt Minute Motion 2001-020, recomme ding approval of Site Development Permit 2001-701, subject to Ne conditions C. Site Development Permit 2001-7 ; a request of La Quinta Kingdom Hall of Jehovah Witnesses for review o landscaping and architectural plans for a church on 2.39 acres on the east side of Dune Palms Road, between Westward Ho Drive and the C achella Valley Storm Channel. 1 . Planning Consultant Nicole Criste sented the information contained in the staff report, a copy f which is on file in the Community Development Department. G:\W PDOCS W LRC5-2-01. wpd 2 4 5 ��