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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: RESOPC.036 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. RESOPC.036 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