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PCRES 1989-073PLANNING COMMISSION RESOLUTION NO. 89-073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 25429 TO ALLOW A CUSTOM HOME LOT SUBDIVISION ON A 36.2-ACRE SITE CASE NO. TT 25429 - CHATEAU LAND DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12th day of December, 1989, hold a duly -noticed Public Hearing to consider the request of CHATEAU LAND DEVELOPMENT to subdivide 36.2 acres into 83 custom single-family lots, one future development lot, and other miscellaneous lots, generally located on the south side of 50th Avenue at Park Avenue, more particularly described as: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, T6S, R7E, S.B.B.M. 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, WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Tentative Tract 25429 in conjunction with this tentative tract, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; 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 to justify the approval of said tentative tract map: 1. That Tentative tract 25429, as conditionally approved, is — generally consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, unit type, circulation requirements, R-1 zoning district development standards, and design requirements of the Subdivision Ordinance. MR/RESO89.042 -1- 2. That the subject site has a rolling type topography because of the sand dunes. The proposed circulation design and single-family lot layouts as conditioned are, therefore, suitable for the proposed land division. 3. That the design of Tentative Tract Map No. 25429 will not cause substantial environmental damage or injury to the wildlife habitat of the Coachella Valley Fringe -Toed Lizard. 4. That the design of the subdivision, as conditionally approved, will be developed with public sewers and water, and, therefore, is not likely to cause serious public health problems. 5. That the design of Tentative Tract Map 25429 will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use have been provided that are substantially equivalent to those previously acquired by the public. 6. That the proposed Tentative Tract 25429, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract 25429, as conditioned, provides storm water retention, park facilities, and noise mitigation. 8. That general impacts from the proposed tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. 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 confirm the conclusion of Environmental Assessment 89-148 relative to the environmental concerns of this tentative tract; MR/RESO89.042 -2- 3. That it does hereby recommend approval to the City Council of the subject Tentative Tract Map 25429 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 12th day of December, 1989, by the following vote, to wit: AYES: Commissioners Moran, Steding, Zelles, Bund, Chairman Walling NOES: None ABSENT: None ABSTAIN: None WALLING, cnairma of La Quinta, C 1ifornia d RY H C7AN, Planning Director Ci y o$ a Quinta, California MR/RESO89.042 -3- PLANNING COMMISSION RESOLUTION 89-073 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT 25429 DECEMBER 12, 1989 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 25429 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. 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. 3. The Applicant acknowledges that the City has formed 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. 4. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information shall be analyzed prior to the preparation of the plan. 5. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: (1) identify the means for digging test pits; (2) allow sharing the information with CVAS; and (3) provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a grading permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. MR/CONAPRVL.077 -1- Conditions of Approval - TT 25429 December 12, 1989 A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s)/representative(s), shall be submitted to the Planning and Development Department. The list 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 Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of 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. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 6. 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. STREETS AND CIRCULATION 7. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer as follows: a. Avenue 50: Fifty -foot half -street right-of-way. b. Utility Easement: A five -foot -wide utility easement on each side of all interior private streets. 8. The Applicant shall construct street improvements for all public and private streets to the requirements of the City Engineer and the La Quinta Municipal Code (LQMC). 9. 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 and markings, and raised median islands (if required by the City General Plan) shall conform to City standards as determined by the City Engineer and adopted by the LQMC (3" AC over 4" Class 2 Base min. for residential streets). Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. MR/CONAPRVL.077 -2- Conditions of Approval - TT 25429 December 12, 1989 10. The Applicant shall reimburse the City for all costs incurred in designing and constructing the forthcoming City -sponsored street improvements to be installed on Park Avenue and Avenue 50 in areas adjoining the tract. On Park Avenue, south of 50th Avenue where the street is entirely on Tentative Tract 25429. Reimbursement to the City shall be one-half of the costs of designing and constructing street improvements. On Park Avenue, south of 50th Avenue where the street is entirely on Tentative Tract 25429.The forthcoming City -sponsored improvements are only limited portions of the ultimate General Plan street improvements; the Applicant shall also be responsible for additional street improvements as required elsewhere in these conditions. 11. The Applicant shall construct or post security for street improvements as required by the City Engineer and La Quinta Municipal Code, as follows: a. Avenue 50: Half -width improvements adjacent to tract per General Plan, plus an appropriate transition that extends beyond the limits of the easterly tract boundary. b. Park Avenue: Half -width or full -width improvements, as required, between Avenue 50 and a point approximately 180 feet south of the south tract boundary in areas located east of the section line that delineates Sections 5 and 6 of Township 6 South, Range 7 East. The street width shall be 40 feet between curb faces. C. Interior private streets: Full -width improvements, 36 feet minimum width or greater between curb faces. 12. With any development application received before January 1, 1995, for the CVWD reservoir site located south of this tract along Park Avenue, the City will condition the development to reimburse the City for street improvements installed by the Applicant. Upon receipt of said reimbursement from the future development, and upon written request from the Applicant, the City will pass on said reimbursement to the Applicant in a manner and timeframe approved by the City Council. 13. Street name signs shall be furnished and installed by the Developer in accordance with City standards. 14. A common area lot shall be established for that area between the tract perimeter wall and street right-of-way for Avenue 50 (20 feet) and Park Avenue (10 feet). Landscape maintenance responsibility of the total common lot and street landscape parkway shall be the responsibility of the development. MR/CONAPRVL.077 -3- Conditions of Approval - TT 25429 December 12, 1989 15. The Applicant shall install an eight -foot -wide sidewalk/bikeway in the west parkway along Park Avenue from the access drive to Tentative Tract 25389 (formerly TT 23292) to Avenue 50. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPRnVAT, 16. Prior to 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, by paying parkland fees in lieu, as may be determined in accordance with said Section. 17. A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Planning and Development Department for review and approval prior to final map approval. The study shall concentrate on noise impacts on the tract from perimeter arterial streets, and recommend alternative mitigation techniques. 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 (berming, walls, and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. 18. If the tract is phased, tract phasing plans, including phasing of public improvements, shall be submitted for review and approval by the Public Works Department and the Planning and Development Department prior to final map approval. 19. The Applicant shall dedicate, with recordation of the final tract map, access rights to Avenue 50 and Park Avenue for all individual lots that front or back-up to the right-of-way. 20. The Applicant shall participate in 25 percent of the cost for the traffic signal at the intersection of Avenue 50 and Park Avenue to the satisfaction of the City Engineer. 21. Prior to transmittal of the final map to the City Council by the City Engineering Department, any existing structures which are to be removed from the property shall have been removed or there shall be an agreement for the removal which shall be secured by a faithful performance bond in a form satisfactory to the City and granting the City the right to cause any such structures to be removed. 22. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. MR/CONAPRVL.077 -4- Conditions of Approval - TT 25429 December 12, 1989 23. Owner shall execute and record a "Declaration of Dedication" in a form acceptable to the City and offering the dedication of drainage retention basin(s) and landscape buffer areas to the City for future acceptance and maintenance. In the interim, the owners shall maintain the basin(s) and perimeter landscaping and provide bond assurance accordingly prior to final map approval. 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, with an 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. The common facilities to be maintained are as follows: (1) Storm water retention system. (2) Twenty -foot perimeter parkway lot Avenue and 10-foot perimeter along Park Avenue. (3) All common area landscaping. (4) All private streets, including medians. 25. Design and architectural standards for th shall be submitted to the Planning Commission Review Board for review and approval prior recordation. All approved standards shall be the CC&Rs. MR/CONAPRVL.077 -5- along 50th parkway lot all street e residences or Design to final map included in Conditions of Approval - TT 25429 December 12, 1989 GRADING AND DRAINAGE 26. The Applicant shall submit a grading plan that is prepared by a registered civil engineer who will be required to supervise the grading and drainage improvement construction and to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to final map approval. Certification at the final grade stage and verification of pay elevations is also required prior to final approval of grading construction. 27. The Applicant shall submit a copy of the proposed grading, landscaping, and irrigation plans to Coachella Valley water District for review and comment with respect to CVWD's water management program. 28. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The report's recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of 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. 29. Any earthwork on contiguous properties requires a written authorization from the owner(s) (slope easement) in a form acceptable to the City Engineer. 30. Drainage retention basin(s) shall be designed to retain the 100-year storm (24 hour) on -site within the basin, subject to the approval of the City Engineer. Retention basin size shall be adequate to provide required "storage" without use of street area for storage. Basin in excess of six-foot water depth shall be fully fenced (security) with lockable gate(s). The location of the retention basin is subject to approval by the City Engineer and the Planning and Development Department. 31. Drainage disposal facilities shall be provided 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. 32. The Applicant shall pay the required processing, plan checking, and inspection fees as are current at the time the work is being accomplished by City personnel or subcontractors for the Planning, Building, or Engineering Divisions. MR/CONAPRVL.077 -6- Conditions of Approval - TT 25429 December 12, 1989 11 TRACT DESIGN 33. A minimum 20-foot landscaped setback shall be provided on 50th Avenue and minimum 10-foot landscaped setback on Park Avenue. Design of the setback shall be approved by the Planning and Development Department. Setback shall be measured from ultimate right-of-way line. a. The minimum setbacks 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. 34. 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 12,000 square feet. WALLS, FENCING, SCREENING, AND LANDSCAPING 35. 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. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include, but not be limited to: a. The use of irrigation during any construction activities. b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site. C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. 36. Graded but undeveloped land shall be maintained in a conditions so as to prevent a 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 Planning and Development and Public Works Departments. MR/CONAPRVL.077 -7- Conditions of Approval - TT 25429 December 12, 1989 37. 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 areas. 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. 38. Prior to final map approval, 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 (five trees on a corner) and an irrigation system. 39. The Applicant shall install a six -foot -high block sound wall along the entire length of tract boundary that adjoins Avenue 50. The wall design shall have an aesthetically pleasing appearance as approved by the Planning Director. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE 'A* m 0*a011at[ew*m 70060 40. Prior to the issuance of a 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 & Development Department, Planning Div. 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 a building permit for the use contemplated herewith. 41. 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. MR/CONAPRVL.077 -8- Conditions of Approval - TT 25429 December 12, 1989 42. Seventy-five percent of dwelling units within 150 feet of the ultimate right-of-way of 50th Avenue shall be limited to one story, not to exceed 22 feet in height. The Applicant shall submit to the Planning and Development Department for approval a drawing showing the location of any units higher than one story located along 50th Avenue. Lots 1 and 74 shall be limited to one-story in height with a maximum 22-foot height. 43. The appropriate Planning approval approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b. Sales facilities, including their appurtenant signage. C. on -site advertising/construction signs. 44. The Developer shall construct landscaping (trees and lawn/groundcover) and irrigation systems for drainage retention basin(s) and perimeter areas. The Developer shall maintain the drainage basin(s) and perimeter areas for one year following dedication acceptance by the City. 45. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Tentative Tract 25429 and Environmental Assessment 89-148, which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Environmental Assessment 89-148 and Tentative Tract 25429, which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of Environmental Assessment 89-148 and Tentative Tract 25429. The Planning and Development Director may require inspection or other monitoring to assure such compliance. PUBLIC SERVICES AND UTILITIES 46. The Applicant shall comply with the requirements of the City Fire Marshal. 47. The Applicant shall comply with all requirements of the Coachella Valley Water District. MR/CONAPRVL.077 -9- Conditions of Approval - TT 25429 December 12, 1989 48. All existing and new on -site and off -site utilities will be installed underground 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. 49. All existing overhead utility poles on or adjacent to the tract shall be undergrounded as a part of the street improvements. 50. The Applicant shall participate in 50 percent of the cost to relocate the overhead utilities located along the old Adams Street alignment to new underground facilities to be located in the Park Avenue right-of-way. MR/CONAPRVL.077 -10-