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PCRES 1990-029PLANNING COMMISSION RESOLUTION 90-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT NO. 25953, TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A +38 ACRE SITE. CASE NO. TT 25953 - THOMAS F. SCHMIDT WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of June, 1990, hold a duly -noticed Public Hearing to consider the request of Thomas F. Schmidt to subdivide +38 acres into single-family development lots for sale, generally located on the northwest corner of Miles Avenue and Dune Palms Road, more particularly described as: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; 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 incorporated into the approval conditions for Tentative Tract 25953, 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 recommendation for approval of said tentative tract map: 1. That Tentative Tract No. 25953, 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. RESOPC.059/BJ - 1 - 2. That the subject site has a rolling topography because of the sand dunes with the east central area being the lowest part of the site. 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. 25953 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 lessen this impact. 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 No. 25953 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 No. 25953, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract No. 25953, 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; RESOPC.059/BJ - 2 - 2. That it does hereby confirm the conclusion of Environmental Assessment No. 90-162 relative to the environmental concerns of this tentative tract; 3. That it does hereby recommend approval to the City Council of the subject Tentative Tract Map No. 25953 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 26th day of June, 1990, by the following vote, to wit: AYES: Commissioners Zelles, Moran, Bund, Chairman Walling NOES: ABSENT: Commissioner Steding ABSTAIN: ifornia ATTEST: ERRYIfERMAN, Planning Director ity o La Quinta, California RESOPC.059/BJ - 3 - PLANNING COMMISSION RESOLUTION 90-029 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT 25953 JUNE 26, 1990 *Revised A. GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map No. 25953 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 Applicant shall comply with the archaeological assessments for the tract area done by J. Salpas (February, 1984), and K. Swope (June, 1990). The studies shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. 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. 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 CONAPRVL.055/BJ - 1 - Conditions of Approval - TT 25953 June 26, 1990 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. 5. 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. 6. A temporary road access, for model home access purposes, may be provided off Miles Avenue. This access shall be terminated upon the completion of model complex use provided a secondary access is installed. Primary access to the project will be through the surrounding tracts. A drawing showing details of this proposed temporary access point shall be submitted to the Planning and Development Department and Engineering Department for approval. Traffic and Circulation 7. Applicant shall dedicate right-of-way for public streets as follows: a. Miles Avenue: right-of-way for Arterial. b. Dune Palms Road: right-of-way for Arterial. half street (55-feet) 110-foot wide Primary half street (44-feet) 88-foot wide Secondary CONAPRVL.055/BJ - 2 - Conditions of Approval - TT 25953 June 26, 1990 C. Interior public streets: full street (60-feet) right-of-way for a local street per General Plan, plus corner cut backs at intersections, plus suitable right-of-way conforms for "knuckle" turns all as required by the City Engineer. d. Cul-de-sac: full street (50-feet) right-of-way, plus 5-feet wide public utility easements, plus suitable right-of-way conforms per Riverside County Standard Drawing No. 800. 8. The Applicant shall construct, or enter into agreement to construct, street improvements for the following streets to the requirements of the City Engineer and the La Quinta Municipal Code including all appurtenant conforms and amenities prior to approval of the final map. a. Interior public streets: 40-foot wide street improvements per Riverside County Standard Drawing No. 104 for street that join directly into streets in other tracts, and 36-foot wide street improvements per Standard Drawing No. 105 for cul-de-sacs and other local residential streets serving fewer than 100 lots. The improvements at cul-de-sac ends shall be per Standard Drawing 800. b. Miles Avenue: half street improvements per Riverside County Standard Drawing No. 100, including one half of raised median, plus suitable conforms to match existing improvements including a transition beyond the tract boundary along with other appurtenant amenities as required by the City Engineer. C. Dune Palms: half street improvements per Riverside County Standard Drawing No. 102, plus a 10-foot wide northbound lane plus suitable conforms to match existing improvements including a transition beyond the tract boundary along with other appurtenant amenities as required by the City Engineer. CONAPRVL.055/BJ - 3 - Conditions of Approval - TT 25953 June 26, 1990 9. Applicant shall install decorative block wall around water well site per Coachella Valley Water District (CVWD) requirements. Wall plan and landscaping plan for area between wall and property lines shall be approved by Planning and Development Department. Any CVWD required landscaping changes shall be submitted to City for review. All plan approvals shall be prior to any applicable work beginning. 10. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements (i.e., City of Indio). B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL 11. 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 either providing a combination of one acre of parkland plus in -lieu fees for the balance of the parkland requirement or by providing the total required parkland dedication requirement as parkland. Additional area shall be provided in the proposed park/retention basin area, if needed, for water retention capacity and to meet security safety, maintenance and recreational concerns of the City. Sufficient park (not retention) area shall be set aside for park equipment and other park uses not suitable for a retention basin area. The retention basin/park area shall have slopes of an acceptable standard. A park/retention basin plan shall be submitted to the Planning and Development Department for review and approval prior to final map approval. 12. 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 and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. CONAPRVL.055/BJ - 4 - Conditions of Approval - TT 25953 June 26, 1990 13. 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. 14. 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 hardscape 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. 15. Applicant shall enter into agreement with the City prior to recording the final map to maintain the retention basin and landscaped setback lots on Miles Avenue and Dune Palms Road until the City Engineer accepts them for maintenance by the City. In no event will the City accept the retention basin and setback lots for maintenance until the lots within the subject tract are included on the tax assessment roll and producing tax revenue to the Lighting and Landscape District. 16. 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. 17. The approval herein contemplated by the City Council is related to Change of Zone No. 90-057, and no final map of the proposed subdivision shall be recorded prior to the effective date of an ordinance changing the official zoning classification of the subject property to R-1. Grading and Drainage 18. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 19. A registered civil engineer shall exercise sufficient supervision and control of the tract grading to insure compliance with the grading plans, specifications, and applicable codes and ordinances. The registered civil engineer charged with the compliance responsibility shall make the following certifications upon completion of construction: CONAPRVL.055/BJ - 5 - Conditions of Approval - TT 25953 June 26, 1990 a. All grading work was properly monitored by qualified personnel during construction for compliance with the grading plans, specifications, and applicable codes and ordinances and thereby certify the grading to be in full compliance with those documents. b. The finished building pad elevations conform with the approved grading plan. 20. The tract shall be designed and graded in a manner so the difference in building pad elevations between contiguous lots that share a common street frontage or join lots with adjoining existing tracts or approved tentative tracts does not exceed three (3.0) feet. The pad elevations of contiguous lots within the subject tract that do not share a common street shall not exceed five (5.0) feet. If the Applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve other alternatives that satisfy the City's intent to promote and ensure community acceptance and buyer satisfaction with the proposed development. 21. 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. 22. 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. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 23. Any earthwork on contiguous properties requires a written authorization from the owner(s) (slope easement) in a form acceptable to the City Engineer. CONAPRVL.055/BJ - 6 - Conditions of *approval - TT 25953 June 26, 1990 24. Storm water run-off produced in 24 hours by a