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PCRES 1991-010PLANNING COMMISSION RESOLUTION 91-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 26016, AMENDMENT #1 AMENDING CONDITION OF APPROVAL #19 CASE NO. TT 26016, AMENDMENT #1 - CHATEAU ESTATES (BAJADA) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of May, 1991, held a duly noticed Public Hearing to consider the request of Chateau Estates to amend Condition of Approval #19 of Tentative Tract 26016 generally located at the southwest corner of Park Avenue and 50th Avenue, more particularly described as: Lot 82, Tract 25429 WHEREAS, said tentative map has complied with the requirementsbof "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5) , in that a Negative Declaration of environmental impact has previously been adopted and no further review is deemed necessary; and, WHEREAS, mitigation of various physical impacts have been identified and incorporated into the approval conditions of Tentative Tract 26016; 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 amendment: That Tentative Tract 26016, as amended and 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. That the subject site has been graded with street improvements installed and are therefore suitable for the proposed land division. 3. That the design of Tentative Tract Map 26016, Amendment #1 will not cause environmental damage or injury to the wildlife habitat. 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. RESOPC.017 5. That the design of Tentative Tract Map 26016, Amendment #1 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 26016, Amendment #1, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract 26016, Amendment #1, 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 Amendment 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 df 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 that a new Environmental Assessment is not needed, and Environmental Assessment 90-164 approved with the initial Tentative Tract Map is adequate. 3. That it does hereby recommend approval to the City Council of the subject Tentative Tract 26016, 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 Planning Commission held on this 14th day of May, 1991, by the following vote, to wit: AYES: Commissioners Barrows, Dowd, Chairperson Steding NOES: Commissioners Ladner, Mosher ABSENT: None ABSTAIN: None RESOPC.017 2 SU�iSTEDING, Chairperso rty of La Quinta, Californfa ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.017 PLANNING COMMISSION RESOLUTION 91-010 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT 26016, AMENDMENT #1 MAY 14, 1991 * Recommended for Amendment 5-14-91 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26016, marked Exhibit "A", 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 approval by the La Quinta City Council unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. All applicable conditions of Tract 25429 shall be met. 4. The Tract layout shall comply with R-1 zoning requirements, with minimum lot sizes of 7,200 square feet. 5. 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. 6. 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. BJ/CONAPRVL.048 - 1 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 7. 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 landscaping or provided with other wind and water erosion control measures as approved by the Planning and Development and Public Works Departments. 8. 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. 9. 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 along 50th Avenue and 10-foot perimeter parkway lot along Park Avenue. (3) All common area landscaping. (4) All private streets, including all street medians. BJ/CONAPRVL.048 - 2 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 10. Design and architectural standards beyond the R-1 Zone requirements for the residences shall be submitted to the Planning and Development Department for review and approval prior to final map recordation. All approved standards shall be included in the CC&Rs. 11. 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. 12. 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. 13. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. 14. 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. 15. Prior to final map approval, the subdivider shall submit general 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) shrubs, groundcover, and an irrigation system. BJ/CONAPRVL.048 - 3 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 16. The Applicant shall install a six -foot -high block sound wall per the Noise Study requirements along the entire length of tract boundary that adjoins Avenue 50 and Park Avenue, except adjacent to retention basin where a decorative fence may be used. The wall design shall have an aesthetically pleasing appearance as approved by the Planning Director. A 6-foot high block or block/steel wall shall be provided along the north side of the retention basin. 17. 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. 18. 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. *19. Two story, maximum 25 foot high residential units shall be allowed on Lots 11, 13, and 15 with all other units to be one story in height with a maximum height of 22 feet. Additionally, canopy trees shall be planted in the rear yard of Lots 11, 13, and 15 or in the common landscape lot area north of the perimeter wall to provide screening from the uses across 50th Avenue. The Applicant shall amend the CC & R's to include disclosure that a City park including a childcare center, Boys and Girls Club, lighting, and other recreational uses may be constructed on the north side of 50th Avenue across from Lots 10-16. 20. The appropriate Planning 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. BJ/CONAPRVL.048 - 4 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 21. 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. 22. 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 26016 and Environmental Assessment 90-164, 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 90-164 and Tentative Tract 26016, 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 90-164 and Tentative Tract 26016. The Planning and Development Director may require inspection or other monitoring to assure such compliance. PUBLIC SERVICES AND UTILITIES 23. The Applicant shall comply with the requirements of the City Fire Marshal per their letter dated April 5, 1990. 24. The Applicant shall comply with all requirements of the Coachella Valley Water District per their letter dated April 6, 1990. ENGINEERING DEPARTMENT: 25. The Applicant shall vacate vehicle access rights to 50th Avenue and Park Avenue from all abutting individual lots. Access to these streets from this subdivision shall be restricted to street intersections only. 26. The Applicant shall have street improvement plans (for public and private streets) prepared by a registered civil engineer. The 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 soil strength, the anticipated traffic loading, and street design life. BJ/CONAPRVL.048 - 5 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 27. The Applicant shall have a registered civil engineer prepare the grading plan. The registered engineer or land surveyor shall: 1) provide written certification prior to issuance of any building permits that the constructed rough grade conforms with the approved grading plans and grading permit; and, 2) provide written certification of the final grade and verification of pad elevations prior to receiving final approval of the grading. 28. The Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 29. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report 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. 30. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified report of soil compaction tests for review by the City Engineer. 31. 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. 32. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 33. The right-of-way dedications for public streets shall be as follows: Interior private streets: 37-feet between curb backs, plus corner cut -backs at intersections, plus 5-foot wide public utility easements outside the right-of-way on both sides, plus suitable right-of-way conforms for "knuckle" turns all as required by the City Engineer. BJ/CONAPRVL.048 - 6 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 34. The Applicant shall quit claim land as needed in old Adams Street right-of-way to provide access to Tract 25389 at its main entrance on Park Avenue in a simultaneous action when the old Adams Street right-of-way vacation is recorded. As an alternative to the foregoing requirement, the Applicant may offer the subject parcel for dedication on the final tract map. 35. 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 prior to approval of the final map. a. Interior private streets: 36-foot wide street improvements per Riverside County Standard Drawing No. 104 including all appurtenant conforms and amenities. b. Interior cul-de-sac street: 36-foot wide street improvements per Riverside County Standard Drawing Nos. 105 and 800 including all appurtenant conforms and amenities. 36. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 37. The tract shall be graded in a manner so the building pad elevation differential between contiguous lots within the tract, as well as the elevation differential with contiguous lots of adjoining tracts, does not exceed 2.5-feet. The Applicant is advised that compliance with this condition, may require the import or export of earth. Transport of earth to areas beyond the tract boundaries shall be in accordance with requirements of the City Engineer with all necessary provisions arranged by the Applicant. If the elevation differential requirement makes tract development economically infeasible, the City will consider and may approve other alternatives or combinations of alternatives that promote homeowner satisfaction as they relate to issues and concerns caused BJ/CONAPRVL.048 - 7 - Conditions of Approval - TT 26016, Amendment #1 May 14, 1991 by pad elevations and nearby building heights. The alternatives to the pad elevation differential requirements shall be reviewed and approved by the Planning Commission and City Council. 38. Street name signs shall be furnished and installed by the developer in accordance with City standards. 39. The Applicant shall install an 8-foot wide sidewalk/bikeway in the parkway along Park Avenue from the access drive to Tentative Tract 25389 to Avenue 50. 40. 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. 41. All existing utilities on or adjacent to the site shall be underground. BJ/CONAPRVL.048 - 8 -