PCRES 1993-008PLANNING COMMISSION RESOLUTION 93-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT
23773 EXTENSION OF TIME (THIRD REQUEST)
CASE NO. TT 23773 - STARLIGHT DUNES
WHEREAS, the Planning Commission of the City of La Quinta, did on the 23rd
day of March, 1993, hold a duly noticed public hearing to consider the request by Starlight
Dunes Partnership for their third one year extension of time for Tentative Tract Map 23773, a
project located at the northwest corner of Fred Waring Drive and Adams Street; and,
WHEREAS, the Planning Commission of the City of La Quinta, did, on the 28th
day of March, 1989 and the 22nd day of August, 1989, hold duly noticed Public Hearings, to
consider the request of Starlight Dunes Partnership to approve and modify Tentative Tract 23773
respectively, generally located northwest of the Fred Waring Drive and Adams Street
intersection, more particularly described as:
BEING A SUBDIVISION OF PARCEL 4 OF
PARCEL MAP NO. 5361, P.M. 11179, PORTION
OF THE SOUTHEAST QUARTER OF SECTION
18, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE MERIDIAN, IN THE
CITY OF LA QUINTA, RIVERSIDE COUNTY,
CALIFORNIA.
WHEREAS, the City Council of the City of La Quinta, California, did on the
23rd day of March, 1989, hold a duly noticed Public Hearing, and the 6th day of September,
1989, hold a Public Hearings to consider the Applicant's request and recommendation of the
Planning Commission concerning Tentative Tract 23773 and modified Tentative Tract 23773
respectively, and on both occasions made findings to justify the approval of the applications;
and,
WHEREAS, the City Council did on the 16th day of April, 1991, approve the
Applicant's first one year time extension and on the 5th day of May, 1992, approved the
Applicant's second one year time extension request; and,
WHEREAS, said Tentative Map has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" (as amended) and
adopted by City Council Resolution 83-68, 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 a Negative Declaration has been adopted; and,
RESOPC.016 1
WHEREAS, the owners, Starlight Dunes Partnership, have applied for this Third
Extension of Time for Tract 23773, in accordance with Section 13.16.230 of the La Quinta
Municipal Code relating to time extension on tentative maps; and,
WHEREAS, at said Public Meeting, said Planning Commission did find the
following facts to justify the recommendation for approval of said Tentative Tract Map Third
Extension of Time:
1. That Tentative Tract 23773, as conditionally approved, is 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.
2. That the subject site has a rolling topography because of the sand dunes, with the overall
slope going from the west to the east side of the property. The proposed circulation
design and single family lot layouts, as conditioned, are suitable for the proposed land
division.
3. That the design of Tentative Tract 23773 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 23773 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 23773, as conditioned, provides for adequate
maintenance of the landscape buffer areas.
7. That the proposed Tentative Tract 23773, 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 the Third One Year Time Extension 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.
RESOPC.016 2
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 reconfirm Environmental Assessment 88-104, approved with the
initial Tentative Tract, is adequate.
3. That it does hereby recommend approval to the City Council Tentative Tract 23773 Third
One Year Time Extension 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 23rd day of March, 1993, by the following vote, to wit:
AYES: Commissioners Mosher, Ellson, Marrs, Adolph, Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ZY �ERMAN, Planning Director
of Quinta, California
RESOPC.016 3
KATIE BARROWS, Chairwoman
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 93-008
CONDITIONS OF APPROVAL - APPROVED
TENTATIVE TRACT 23773, THIRD ONE YEAR EXTENSION OF TIME
MARCH 23, 1993
* Modified by the Planning Commission on March 23, 1993.
** Added by the Planning Commission on March 23, 1993.
*** Deleted by the Planning Commission on March 23, 1993.
GENERAL:
1. Tentative Tract 23773 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. Design and improvement of Tentative Tract 23773 shall be in substantial conformance
with Exhibit A.
3. This tentative tract map approval shall expire on March 21, 1994.
4. The Applicant acknowledges that the City is considering 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.
ENGINEERING/GRADING/DRAINAGE:
5. The Applicant shall have a grading plan prepared by a Registered Civil Engineer, who
will be required to certify that the constructed conditions at the rough and final grade
stages are as per the approved plans and grading permit. This is required prior to
issuance of building permits.
6. The developer of this subdivision shall submit a copy of all proposed landscaping and
irrigation plans to Coachella Valley Water District (CVWD) for review and comment
with respect to CVWD's water management program.
7. A thorough preliminary engineering geological and soils engineering investigation shall
be done and the report submitted for review along with 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.
8. 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
without the approval of the City Engineer.
CONAPRVL.053 1
Conditions of Approval
TT 23773
March 23, 1993
9. 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. All drainage runoff for 100-
year storm shall be retained in basin on -site, including runoff from Fred Waring Drive
and Starlight Lane.
10. All utilities will be installed 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.
*11. 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.
At a minimum, the plan shall: (1) identify the means for digging test pits; and (2)
provide for further testing if the preliminary results show significant material 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.
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 diver, 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.
CONAPRVL.053 2
Conditions of Approval
TT 23773
March 23, 1993
Upon completion of the data recovery, the Developer shall cause three copies of the final
report containing the data analyses to be prepared and published and submitted to the
Planning and Development Department.
12. Applicant shall submit an erosion and dust mitigation program for review by the City
Engineer prior to issuance of permits for any grading activity.
13. Any earthwork on contiguous properties requires a written authorization from the
owner(s) (slope easement) in a form acceptable to the City Engineer prior to any grading
permit issuance.
14. 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.
TRAFFIC AND CIRCULATION:
15. The Applicant shall dedicate all necessary public street and utility easements as required
by the City Engineer:
16. That 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, markings, and raised median island, shall conform to City standards as
determined by the City Engineer and adopted by the La Quinta Municipal Code as set
forth in these conditions.
17. Street name signs shall be furnished and installed by the developer in accordance with
standards of the City Engineer.
TRACT DESIGN:
18. 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 9,000 square feet.
19. Plans for tract phasing of public improvements shall be submitted for review and
approval by the Public Works Department.
CONAPRVL.053 3
Conditions of Approval
TT 23773
March 23, 1993
MAINTENANCE:
20. 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. A 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 Fred Waring Drive and Adams
Street/Starlight Lane.
3.) Interior private street system, including access gates and related common
lots.
PUBLIC SERVICES/UTILITIES:
21. Applicant shall comply with the following requirements of the Fire Marshal:
a. Schedule A fire protection approved super fire hydrants (6" X 4" X 2-1/2" X 2-
1/2") shall be located one at each intersection spaced not more than 330 feet apart
in any direction with no portion of any lot frontage more than 165 feet from any
hydrant. Minimum fire flow shall be 1,000 GPM for two hours duration at 20
PSI.
CONAPRVL.053 4
Conditions of Approval
TT 23773
March 23, 1993
b. The required water system, including fire hydrants, shall be installed and accepted
by CVWD prior to any combustible material being placed on any individual lot.
C. Prior to the recordation of the final map, Applicant/Developer shall furnish the
water system improvement plans to the Fire Department for approval. Plans shall
conform to the fire hydrant types, location, and spacing, and the system shall
meet the required fire flows.
d. All access gates shall be power operated and equipped with a radio -controlled
override system capable of opening the gate when activated by a special
transmitter located in emergency vehicles. System shall be designed to unlatch
gates in the event of power failures or be equipped with backup power facilities.
Developer to provide four transmitters to the Fire Department.
22. The Applicant shall comply with all requirements of the CVWD. Any necessary parcels
for District facility expansion shall be shown on the final map and conveyed to the
CVWD, in accordance with the Subdivision Map Act.
BUILDING AND USE DEVELOPMENT:
23. If a specific dwelling product is envisioned or if groups of lots are sold to builders prior
to the issuance of building permits, the Applicant/Builder shall submit complete detail
architectural elevations for all units. The Planning Commission will review and approve
these as a Business Item. The basic architectural standards shall be included as part of
the C C & R's.
24. Seventy-five percent of dwelling units within 150 feet of the ultimate right-of-way of
Fred Waring Drive shall be limited to one story, not to exceed 20 feet in height. The
Applicant shall submit to the Planning and Development Department for approval a siting
plan showing the location of all unit types proposed by the developer. No dwelling units
within 150 feet of the ultimate right-of-way of Washington Street shall be higher than one
story, not to exceed 20 feet.
25. The appropriate planning approval shall be secured prior to establishing any of the
following uses:
a. Temporary construction facilities.
b. Private access gates and guardhouse(s).
C. Sales facilities, including their appurtenant signage.
d. On -site advertising/construction signs.
CONAPRVL.053 5
Conditions of Approval
TT 23773
March 23, 1993
26. Tract and building permits shall incorporate the recommendations of the acoustical
analysis prepared by Ultrasystems, dated December, 1988.
WALLS, FENCING, SCREENING AND LANDSCAPING:
27. 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.
28. 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 and common areas including gates. 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.
C. Exterior lighting plan, emphasizing minimization of light and glare impacts to
surrounding properties.
29. Prior to building permit approval(s), 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 15 gallon trees and an irrigation system.
MISCELLANEOUS:
30. Prior to the issuance of a grading permit and 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 and Development Department, Planning Division
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
CONAPRVL.053 6
Conditions of Approval
TT 23773
March 23, 1993
Evidence of said permits or clearances from the above -mentioned agencies shall be
presented to the Building and Safety Department at the time of the application for any
permit for any use contemplated by this approval.
31. 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.
32. Applicant shall provide the City a signed set of "as built" reproducible drawings of all
grading and improvements except water and sewer.
33. The City is contemplating adoption of a quality -assurance program for privately -funded
construction. If the program is adopted prior to the issuance of permits for construction
of the improvements required of this map, Applicant shall fully comply with the quality -
assurance program.
**35. Prior to final map approval by the City Council, the Applicant shall pay the remaining
parkland fees per Section 13.24.030 of the La Quinta Municipal Code. The remaining
amount is $28,895.18.
CONAPRVL.053 7