PCRES 1991-035PLANNING COMMISSION RESOLUTION 91-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL CONCURRING WITH THE
ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL
OF TENTATIVE TRACT MAP 26953 TO CREATE 3
DEVELOPMENT LOTS AND 2 LOTS FOR ROADWAY/
LANDSCAPING PURPOSES THUS ALLOWING 21 AIR SPACE
CONDOMINIUM UNITS ON A 5.1+ ACRE SITE.
CASE NO. TT 26953 - SUNRISE DESERT PARTNERS
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the loth day of September, hold a duly noticed Public Hearing to consider the
resubdivision of 5.1 acres into 3 lots, and other miscellaneous lots, generally located
on the west side of Oak Hill approximately 800 feet south of Arnold Palmer, more
particularly described as:
PORTION OF THE SOUTHWEST ONE -QUARTER
OF SECTION 16, T.6.S., R.7.E., S.B.B.M.
WHEREAS, said tentative map has complied with the requirements of the
"The Rules to Implement the California Environmental Quality Act of 1970" (County
of Riverside 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 26953 in
conjunction with this tentative tract, thereby retaining 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:
That Tentative Tract 26953, 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-2 zoning district development
standards, and design requirements of the Subdivision Ordinance.
That the subject site is primarily developed at this time with a model home
complex and appropriate off -site improvements. The proposed circulation
design and single family lot layouts are consistent with previously approved
Tract Map 20717-1 and the project has been conditioned, therefore, suitable
for the proposed land division.
RESOPC.036
3. That the design of Tentative Tract 26953 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 not impact
the existing public sewers and water improvements, and therefore, is not
likely to cause serious public health problems.
5. That the design of Tentative Tract 26953 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 26953, as conditioned, provides for
adequate maintenance of the landscape buffer areas and provides storm water
retention.
7. That the proposed Tentative Tract 26953, as conditioned, is consistent with
Specific Plan 83-002.
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:
That the above recitations are true and correct and constitute the findings of
the Commission in this case;
That it does hereby confirm the conclusion of Environmental Assessment 91-
217 relative to the environmental concerns of this tentative tract;
That it does hereby approve the subject Tentative Tract 26953 for the reasons
set forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED AND
Quinta Planning Commission, held on
following vote, to wit:
RESOPC.036
ADOPTED at a regular meeting of the La
this loth day of September, 1991, by the
AYES: Commissioners Mosher, Ladner, Ellson, Marrs, Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
"-,15��5KATIE BARROWS, Chairman
City of La Quinta, California
ATTEST:
of 16 Quinta, California
RESOPC.036
PLANNING COMMISSION RESOLUTION 91-035
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 26953
SEPTEMBER 10, 1991
GENERAL CONDITIONS OF APPROVAL
Tentative Tract Map 26953, 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.
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.
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 contrgj.
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.
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.
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.
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.
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:
REsopc.036
Planning Commission Resolution 91
Conditions of Approval
September 10, 1991
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) Perimeter parkway lot along PGA Boulevard.
(3) All common area landscaping.
(4) All private streets, including all street medians.
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
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.
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.
The appropriate Planning approval shall be secured prior to establishing any
of the following uses:
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Planning Commission Resolution 91-_
Conditions of Approval
September 10, 1991
a. Temporary construction facilities.
b. Sales facilities, including their appurtenant signage.
C. On -site advertising/construction signs.
10. If buried remains or artifacts are encountered during development (including
grading) , work shall be stopped and a qualified archaeologist shall be
contacted immediately at Applicant's expense and appropriate mitigation
measures shall be taken.
11. Development of property shall comply with provisions of Specific Plan 83-002,
as approved.
12. All exterior lighting including that for signage & landscaping shall comply with
"Dark Sky" ordinance.
ENGINEERING DEPARTMENT:
13. Applicant shall private street right of way and utility easements in
conformance with the city's General Plan, Municipal Code, applicable Specific
Plans if any, and as required by the City Engineer and purveyors of utility
services, as follows:
Right of way geometry for cul-de-sacs, knuckle turns and corner
cut -backs shall conform with Riverside County Standard
Drawings 4800, #801, and #805 respectively unless otherwise
approved by the City Engineer. The cul-de-sac curb radius
shall be 45 feet.
b. Lot A-1 - Local Street, 33-foot full width;
C. 10-foot wide public utility easement behind curbline.
14. Applicant shall provide a fully improved landscaped lot, lot B-1, as shown on
the tentative map.
15. Applicant shall vacate vehicle access rights to PGA Boulevard from all
abutting lots. Access to PGA Boulevard from this land division shall be
restricted to Arnold Palmer.
16. Applicant shall have street improvement plans prepared by a registered civil
engineer. Street improvements shall be designed and constructed for all
streets within the proposed subdivision and for off -site streets as required
by these conditions of approval. All street improvements shall be designed
and constructed in accordance with the LQMC and adopted Standard
Drawings, and City Engineer and shall include all appurtenant components
required by same, except mid -block street lighting, such as but not limited
to traffic signs and channelization markings, street name signs, sidewalks,
and raised medians where required by city General Plan. Street design shall
RESOPC.036
Planning Commission Resolution 91-_
Conditions of Approval
September 10, 1991
take into account the soil strength, anticipated traffic loading, and design life.
The minimum structural section for residential streets shall be 3" AC over 4"
Class 2 Base.
Miscellaneous incidental improvements and enhancements to existing
improvements where joined by the newly required improvements shall be
designed and constructed as required by the City Engineer to assure the new
and existing improvements are appropriately integrated to provide a finished
product that conforms with city standards and practices. This includes
tapered off -site street transitions that extend beyond tract boundaries and
join the widened and existing street sections.
The following specific street widths shall be constructed to conform with the
General Plan street type noted therewith:
a. ON -SITE STREETS
1 . Lot A-1 - full width Local Street, 32 feet wide, refer to Std
Dwg #106;
17. Applicant shall construct, or enter into agreement to construct, the site
grading, off -site public improvements and utilities, and on -site common area
improvements before the final map is recorded. Applicant shall pay cash, in
lieu of and equivalent to the respective fair -share construction cost, for those
improvements that the Applicant has partial cost responsibility and
construction must be deferred until the full complement of funding is
available. Payment of cash may be deferred to a future date mutually agreed
by Applicant and City, provided security for said future payment is posted
by Applicant.
18. A thorough preliminary engineering, geological, and soils engineering
investigation shall be conducted with a report submitted for review along with
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. 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.
19. The tract grading plan shall be prepared by a registered civil engineer and
approved by the City Engineer prior to final map approval.
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.
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Planning Commission Resolution 91-_
Conditions of Approval
September 10, 1991
If 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 tract shall be graded in a manner that permits storm flow in excess of the
retention basin capacity to flow out of the tract through a designated
emergency overflow outlet and into the historic drainage relief route.
Similarly, the tract shall be graded in a manner that anticipates receiving
storm flow from adjoining property at locations that has historically received
flow.
22. Storm water run-off produced in 24 hours by a 100-year storm shall be
retained on site in landscaped retention basin designed for a maximum water
depth not to exceed six feet or directed to an approved water retention area.
If a retention basin is constructed, the basin slopes shall not exceed 3:1. Thg
percolation rate shall be considered to be zero inches per hour unless
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.
The tributary drainage area for which the Applicant is responsible shall
extend to the centerline of any public street contiguous to the site.
23. Landscape and irrigation plans shall be prepared by a licensed landscape
architect for the landscaped lots. The plans and proposed landscaping
improvements shall be in conformance with requirements of the Planning
Director, City Engineer, and Coachella Valley Water District and the plans
shall be signed these officials prior to construction.
24. 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 the District's Water Management Program.
25. Applicant shall maintain the landscaped areas of the subdivision such as the
landscaped lot and retention basin until accepted by the City Engineer for
maintenance by the homeowner's association of the subdivision.
26. All existing and proposed electric power lines with 12,500 volts or less, and
are adjacent to the proposed site or on -site, shall be installed in underground
facilities.
27. All underground utilities shall be installed, with trenches compacted to city
standards, prior to construction of any street improvements. A soils engineer
retained by Applicant shall provide certified reports of soil compaction tests
for review by the City Engineer.
RESOPC.036 8
Planning Commission Resolution 91-_
Conditions of Approval
September 10, 1991
28. 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 the final map without the approval of the City Engineer.
29. 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.
30. Applicant shall retain a California registered civil engineer, or designate one
who is on Applicant's staff, to exercise sufficient supervision and quality
control during construction of the tract grading and improvements to certify
compliance with the plans, specifications, applicable codes, and ordinances.
The engineer retained or designated by the Applicant to implement this
responsibility shall provide the following certifications and documents upon
completion of construction:
the engineer shall sign and seal a statement placed on the "as built"
plans that says "all (grading and grades) (improvements) on these
plans were properly monitored by qualified personnel under my
supervision during construction for compliance with the plans and
specifications and the work shown hereon was constructed as approved,
except where otherwise noted hereon and specifically acknowledged by
the City Engineer".
b. prior to issuance of any building permit, the engineer shall provide a
separate document, signed and sealed, to the City Engineer that
documents the building pad elevations. The document shall, for each
lot in the tract, state the pad elevation approved on the grading plan,
the as built elevation, and clearly identify the difference, if any. The
data shall be organized by tract phase and lot number and shall be
cumulative if the data is submitted at different times.
c. provide to the City Engineer a signed set of "as built" reproducible
drawings of the site grading and all improvements installed by the
Applicant.
31. All existing structures that are to be removed from the property shall be
removed, or an agreement secured with a performance bond has been executed
between Applicant and the city to assure said removal, prior to transmitting
the final map to the City Council for approval.
GENERAL
32. All newly constructed
and no higher than 20
pad elevation.
RESOPC.036
single family condominium units shall be single story
feet as measured from the abutting average building
Planning Commission Resolution 91-
Conditions of Approval
September 10, 1991
33. All existing open guest parking spaces along Oak Hill shall be removed from
the property.
34. The existing model homes shall be converted so that they meet all the
requirements of the City of La Quinta (e.g., paved parking areas,
landscaping, fencing, etc. ) prior to issuance of a final Certificate of
Occupancy permit.
RESOPC.036 10