PCRES 1989-007PLANNING COMMISSION RESOLUTION NO. 89-007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL ADOPTION
OF THE NEGATIVE DECLARATION AND APPROVAL
OF TENTATIVE TRACT NO. 23773, ALLOWING
THE CREATION OF A 156-LOT RESIDENTIAL
SUBDIVISION ON A 45.64-ACRE SITE.
CASE NO. TT 23773 - STARLIGHT DUNES, INC., OWNER
RICK JOHNSON CONSTRUCTION
WHEREAS the Planning Commission of the City of La
Quinta did, on the 28th day of February, 1989, hold a
duly -noticed Public Hearing to consider the request of Rick
Johnson Construction to subdivide 45.64 acres into 156
single-family development lots for sale, generally located at
the northeast corner of Washington Street and Miles Avenue,
more particularly described as:
BEING A SUBDIVISION OF PARCEL 4 OF PARCEL
MAP NO. 5361, P.M. 11/79, PORTION OF THE
SE QUARTER OF SECTION 18, T5S, R7E,
S.B.M., IN THE CITY OF LA QUINTA,
RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, said real property was authorized for
annexation into the City of La Quinta by the Riverside County
Local Agency Formation Commission on January 26, 1989; and,
WHEREAS, the La Quinta City Council approved said
real property for annexation to the City of La Quinta on
February 7, 1989; and,
WHEREAS, California Government Code Section 66454
provides that a City may take action on a tentative subdivision
map of unincorporated property adjacent to that City, provided
and that approval of said map is conditioned upon annexation of
said property to such City; and,
WHEREAS, said Tentative Map has complied with the
requirements of "The Rules to Implement the California
Environmental Quality Act of 1970" (County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director
conducted an initial study, and has determined that the
proposed Tentative Tract will not have a significant adverse
impact on the environment; and,
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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 to justify the approval
of said Tentative Tract Map:
1. That Tentative Tract No. 23773, as conditionally
approved, is consistent with the goals, policies, and
intent of the La Quinta General Plan for land use
density, unit type, circulation requirements, R-1-9000
zoning district development standards, and design
requirements of the Subdivision Ordinance and the La
Quinta Municipal Code.
2. That the design of Tentative Tract map No. 23773 may
cause substantial environmental damage or injury to the
wildlife habitat of the Coachella Valley Fringe -Toed
Lizard, but mitigation measures in the form of fees for a
new habitat area will mitigate this impact.
3. That the proposed subdivision, as conditionally approved,
will be developed with adequate sewer, water, drainage,
and other utility systems, and, therefore, is not likely
to cause serious public health problems.
4. That the proposed Tentative Tract No. 23773, as
conditioned, will provide for adequate maintenance of all
common areas -and facilities, including the internal
private street system.
5. That the proposed Tentative Tract No. 23773, as
conditioned, will provide mitigation of potential impacts
to recreation facilities, noise, traffic, and circulation.
WHEREAS, in the review of this Tentative Tract Map,
the Planning Commission has considered the effect of the
contemplated action of the housing needs of the region for
purposes of balancing the needs against the public service
needs of the residents of the City of La Quinta and its
environs with available fiscal and environmental resources.
NOW, THEREFORE, BE IT RESOLVED by the 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 recommend confirmation of
Environmental Assessment No. 88-104, relative to
the environmental concerns for this Tentative Tract;
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3. That it does hereby recommend approval to the City
Council of the subject Tentative Tract Map No.
23773 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 28th day of
February, 1989, by the following vote, to wit:
AYES: Commissioners Steding, Zelles, Moran, Chairman Walling
NOES:
ABSENT: Commissioner Bond
ABSTAIN:
ATTEST:
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CONDITIONS OF APPROVAL - PROPOSED
TENTATIVE TRACT 23773
FEBRUARY 28, 1989
GENERAL
1. Tentative Tract Map No. 23773 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. Design and improvement of Tentative Tract 23773 shall be
in substantial conformance with Exhibits A and B, the
approved phasing plan and the conceptual intersection and
entry gate details; except where there are conflicts
between these conditions and said Exhibits, the
condition(s) shall take precedence.
3. This Tentative Tract Map approval shall expire two years
after the original date of approval by the La Quinta City
Council, unless approved for extension pursuant to the
City of La Quinta Land Division Ordinance. (See
Condition No. 35)
4. The Applicant acknowledges that the City is considering a
City-wide 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 assessments will be done on a
benefit basis, as required by law.
ENGINEERING/GRADING/DRAINAGE
5. The Applicant shall have a grading plan prepared by a
Registered Civil Engineer, who will be required to
certify that the constructed conditions at the rough and
final grade stages are as per the approved plans and
grading permit. This is required prior to issuance of
building permits.
6. The developer of this subdivision shall submit a copy of
all proposed grading, landscaping, and irrigation plans
to Coachella Valley Water District for review and comment
with respect to CVWD's water management program.
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7. A thorough preliminary engineering geological and soils
engineering investigation shall be done and the report
submitted for review along with the grading plan.
Pursuant to Section 11568 of the Business and Professions
Code, the soils report certification shall be indicated
on the final subdivision map.
8. The developer of this subdivision of land 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 the final map
without the approval of the City Engineer.
9. Drainage disposal facilities shall be provides as
required by the City Engineer. The Applicant shall
comply with the provisions of the City Master Plan of
Drainage, including payment of any drainage fees required
therewith. All drainage runoff for 100-year storm shall
be retained in basin on -site, including runoff from Fred
Waring Drive and Starlight Lane.
10. 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.
11. An encroachment permit for work in any abutting local
jurisdiction shall be secured prior to constructing or
joining improvements (Riverside County). -
12. The developer shall retain a qualified archaeologist
immediately upon discovery of any archaeological remains
or artifacts and employ appropriate mitigation measures
during project grading and development.
13. Applicant shall submit an erosion and dust mitigation
program for review by the City Engineer prior to issuance
of permits for any grading activity.
14. Any earthwork on contiguous properties requires a written
authorization from the owner(s) (slope easement) in a
form acceptable to the City Engineer prior to any grading
permit issuance.
15. Prior to recordation of a final map, the applicant shall
pay the required mitigation fees for the Coachella Valley
Fringe -Toed Lizard Habitat Conversion Program, as adopted
by the City, in the amount of $600 per acre of disturbed
land.
TRAFFIC AND CIRCULATION
16. The Applicant shall dedicate all necessary public street
and utility easements as required by the City Engineer:
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a. Fred Waring Drive to Major Arterial standard
(60-foot half -width) including intersection with
Starlight Lane/Adams Street as necessary.
b. Starlight Lane/Adams Street in accordance with the
approved conceptual design geometric.
C. All other public/private easements as deemed
necessary.
17. That the Applicant shall have prepared street improvement
plans (for public and private streets) that are prepared
by a Registered Civil Engineer. Street improvements,
including traffic signs, markings, and raised median
island, shall conform to City standards as determined by
the City Engineer and adopted by the La Quinta Municipal
Code, and as set forth in these conditions.
a. Construction of Fred Waring Drive to half -width
plus one travel lane, in accordance with standards
for Major Arterials (120-foot right-of-way) plus
suitable conforms to existing pavement. Applicant
shall design and construct full landscaped median
for Fred Waring. Applicant may bond for median
improvements subject to approval of the City
Engineer.
b. Construct Starlight Lane/Adams Street up to 36-foot
travelway plus suitable conforms. The developer's
engineer shall coordinate with adjacent property
owners and County to provide design for gated
access with lane widths, vehicular storage,
stopping and viewing distances, subject to the
approval of the City Engineer and in accordance
with the approved intersection and street design
for Starlight Lane/Adams Street.
C. Prepare street improvement plans and construct
improvements for private streets.
18. Applicant shall bond for 25 percent of the cost of a
future traffic signal at Fred Waring and Starlight
Lane/Adams Street.
19. Applicant shall dedicate, with recordation of the tract
map, access rights to Fred Waring and Starlight
Lane/Adams Street for all individual parcels which front
or back-up to those rights -of -way, with the exception of
street entries.
20. Street name signs shall be furnished and installed by the
developer in accordance with standards of the City
Engineer.
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TRACT DESIGN
21. A minimum 20-foot landscaped setback shall be required
along Fred Waring Drive. Design of the setback shall be
approved by the Planning and Development Department.
Setback shall be measured from ultimate right-of-way
lines.
a. The minimum setback may be modified to an "average"
if a meandering or curvilinear wall design is used.
b. Setback areas shall be established as a separate
common lot and be maintained as set forth in
Condition No. 24, unless an alternate method is
approved by the Planning and Development Department.
22. The tract layout shall comply with all the R-1 zoning
requirements, including minimum lot size and minimum
average depth of a lot. The minimum lot size to be
recorded in a final map shall be 9,000 square feet.
23. Plans for tract phasing of public improvements shall be
submitted for review and approval by the Public Works
Department. The phasing Exhibit shall show the northerly
"Phase III" as "Phase IV".
MAINTENANCE
24. The subdivider shall make provisions for maintenance of
all landscape buffer and storm water retention areas via
one of the following methods prior to final map approval:
a. Subdivider shall consent to the formation of a
maintenance district under Chapter 26 of the
Improvement Act of 1911 (Streets and Highways Code,
Section 5820 et seq.) or the Lighting and
Landscaping Act of 1972 (Streets and Highways Code
22600 et seq.) to implement maintenance of all
improved landscape buffer and storm water retention
areas. It is understood and agreed that the
Developer/Applicant shall pay all costs of
maintenance for said improved areas until such time
as tax revenues are received from assessment of the
real property.
b. The Applicant shall submit to the Planning and
Development Department a Management and Maintenance
Agreement, to be entered into with the unit/lot
owners of this land division, in order to insure
common areas and facilities will be maintained. A
unqualified right to assess the owners of the
individual units for reasonable maintenance costs.
The association shall have the right to lien the
property of any owners who default in the payment
of their assessments.
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The common facilities to maintained are as follows:
(1) Storm water retention system.
(2) Twenty -foot perimeter parkway lot along Fred
Waring Drive.
(3) Interior private street system, including
access gates and related common lots 155 and
156.
PUBLIC SERVICES/UTILITIES
25. Applicant shall comply with the following requirements of
the Fire Marshal:
a. Schedule A fire protection approved super fire
hydrants (6" X 4" X 2-1/2" X 2-1/2") shall be
located one at each intersection spaced not more
than 330 feet apart in any direction with no
portion of any lot frontage more than 165 feet from
any hydrant. Minimum fire flow shall be 1,000 GPM
for two hours duration at 20 PSI.
b. The required water system, including fire hydrants,
shall be installed and accepted by CVWD prior to
any combustible material being placed on any
individual lot.
C. Prior to the recordation of the final map,
Applicant/Developer shall furnish the water system
improvement plans to the Fire Department for
approval. Plans shall conform to the fire hydrant
types, location, and spacing, and the system shall
meet the required fire flows.
d. All access gates shall be power operated and
equipped with a radio -controlled override system
capable of opening the gate when activated by a
special transmitter located in emergency vehicles.
System shall be designed to unlatch gates in the
event of power failures or be equipped with backup
power facilities. Developer to provide four
transmitters to the Fire Department.
26. The Applicant shall comply with all requirements of the
Coachella Valley Water District. Any necessary parcels
for District facility expansion shall be shown on the
final map and conveyed to the Coachella Valley Water
District, in accordance with the Subdivision Map Act.
MR/CONAPRVL.043 -5-
BUILDING AND USE DEVELOPMENT
27. If a specific dwelling product is envisioned or if groups
of lots are sold to builders prior the the issuance of
building permits, the Applicant/Builder shall submit
complete detail architectural elevations for all units.
The Planning Commission will review and approve these as
a Business Item. The basic architectural standards shall
be included as part of the C.C. & Rs.
28. Seventy-five percent of dwelling units within 150 feet of
the ultimate right-of-way of Fred Waring Drive shall be
limited to one story, not to exceed 20 feet in height.
The Applicant shall submit to the Planning and
Development Department for approval a siting plan showing
the location of all unit types proposed by the
developer. No dwelling units within 150 feet of the
ultimate right-of-way of Washington Street shall be
higher than one story, not to exceed 20 feet.
29. The appropriate Planning approval shall be secured prior
to establishing any of the following uses:
a. Temporary construction facilities.
b. Private access gates and guardhouse(s).
C. Sales facilities, including their appurtenant
signage.
d. On -site advertising/construction signs.
30. Tract and building permits shall incorporate the
recommendations of the acoustical analysis prepared by
Ultrasystems, dated December, 1988, and contained in the
Planning and Development Department's file for TT 23773.
WALLS FENCING SCREENING, AND LANDSCAPING
31. Prior to issuance of any grading permits, the Applicant
shall submit to the Planning and Development Department
an interim landscape program for the entire tract, which
shall be for the purpose of wind erosion and dust control.
32. Prior to final map approval, the Applicant shall submit
to the Planning Division for review and approval a plan
(or plans) showing the following:
a. Landscaping, including plant types, sizes, spacing,
locations, and irrigation system for all landscape
buffer and common areas including gates. Desert or
native plant species and drought -resistant planting
materials shall be incorporated into the landscape
plan.
MR/CONAPRVL.043 -6-
b. Location and design detail of any proposed and/or
required walls.
c. Exterior lighting plan, emphasizing minimization of
light and glare impacts to surrounding properties.
33. Prior to building permit approval(s), the subdivider
shall submit criteria to be used for landscaping of all
individual lot front yards. At a minimum, the criteria
shall provide for two trees and an irrigation system.
MISCELLANEOUS
34. Prior to the issuance of a grading permit and 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:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the
above -mentioned agencies shall be presented to the
Building Division at the time of the application for any
permit for any use contemplated by this approval.
35. 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.
36. This approval shall not be in effect until and unless
Annexation Resolution No. 89-15 has been recorded. No
final map may be approved until the annexation is
completed. The property shall have been annexed to the
City within one year of the original date of approval by
the City Council.
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