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PCRES 1993-022PLANNING COMMISSION RESOLUTION 93-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT 26853 TO ALLOW THE CREATION OF A CUSTOM HOME LOT SUBDIVISION ON A 19.3 ACRE SITE. CASE NO. TT 26853 - A & H DESERT PROPERTIES '90 FIRST EXTENSION OF TIME WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of June, 1993, hold a duly noticed Public Hearing to consider the request of A & H Desert Properties '90 to extend their original tentative tract map for one year to subdivide 19.3 acres into 52 custom single family lots generally located on the north side of 58th Avenue approximately a quarter of a mile west of Madison, more particularly described as: PARCELS 1, 2, 3, AND 4 AND LETTERED LOTS A THROUGH D, INCLUSIVE, OF PARCEL MAP NO. 8834, RECORDED IN BOOK 75, PAGES 65 AND 66 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, 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 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 Map 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 26853, 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 City Council did find the following facts to justify the recommendation for approval of said extension of time for Tentative Tract Map: RESOPC.107 1 1. That Tentative Tract 26853, 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. 2. That the subject site is fairly level with the southeast 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 the subdivision, as conditionally approved, will be developed with public sewers and water, and therefore, is not likely to cause serious public health problems. 4. That the design of Tentative Tract 26853 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. 5. That the proposed Tentative Tract Map 26853, as conditioned, provides for adequate maintenance of the landscape common areas. 6. That the proposed Tentative Tract 26853, as conditioned, provides storm water retention, park facilities, and noise mitigation. 7. 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, 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 constitute the findings of the Commission in this case; 2. That it does hereby reconfirm the conclusion of Environmental Assessment 91-200, relative to the environmental concerns of this Tentative Tract 3. That it does hereby recommend approval to the City Council for a one year time extension for Tentative Tract 26853 for the reasons set forth in this Resolution and subject to the attached conditions. RESOPC.107 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8th day of June, 1993, by the following vote, to wit: AYES: Commissioners Mosher, Ellson, Marrs, Adolph, & Chairwoman Barrows NOES: None ABSENT: None ABSTAIN: None KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: tY HP AN, Planning Director of uinta, California RESOPC.107 3 PLANNING COMMISSION RESOLUTION 93-022 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT 26853 JUNE 8, 1993 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26853 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 July 2, 1994, unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. 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.015 1 Conditions of Approval Tentative Tract 26853 June 8, 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. 4. A biological assessment shall be prepared by a qualified biologist to determine existence of Flat -Tailed Homed Lizards on site. This report shall be submitted to the Planning and Development Department for review. Mitigation measures as recommended by assessment shall be complied with. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL 5. 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 paying parkland fees in lieu, as may be determined in accordance with said Section. 6. A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Planning & 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. 7. If the tract is phased, tract phasing plans, including phasing of public improvements, shall be submitted for review and approval by the Planning and Development Department and Engineering Department prior to final map approval. The applicant shall develop tract phases in the order of the approved phasing plan so that improvements required of each final map are complete prior to issuance of Certificates of Occupancy within subsequent final maps. 8. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. 9. Design and architectural standards for the residences shall be submitted to the Planning Commission or Design Review Board for review and approval prior to final map recordation. All approved standards shall be included in the CC&R's. A copy of the CC&R's shall be submitted to the Planning Department for review. CONAPRVL.015 2 Conditions of Approval Tentative Tract 26853 June 8, 1993 TRACT DESIGN 10. A minimum 20-foot landscaped setback shall be provide on 58th Avenue. Design of the setback shall be approved by the Planning and Development Department. Setback shall be measured from ultimate right-of-way line. a. The minimum setbacks may be modified to an "average" if a meandering or curvilinear wall design is used. b. Setback areas shall be established as a separate common lot and be maintained as set forth in Condition #27, unless an alternate method is approved by the Planning and Development Department. It. The tract layout shall comply with all the R-1 zoning requirements, including minimum lot size and minimum average depth of a lot. WALLS. FENCING, SCREENING, AND LANDSCAPING 12. 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: Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 13. 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. 14. Prior to final map approval, the Applicant shall submit to the Planning Department for review and approval a preliminary plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation system for all retention basin, landscape buffer, and entry areas. Desert or native plants species and drought resistant planting material shall be incorporated into the CONAPRVL.015 3 Conditions of Approval Tentative Tract 26853 June 8, 1993 landscape plan. Lawn use shall be minimized and not used adjacent to curb. No spray heads shall be used adjacent to curb. Plans shall conform with requirements of Ordinance 220 regarding water conservation. b. Location and design detail of any proposed and/or required wall and meandering sidewalk. C. Exterior lighting plan, emphasizing minimization of light glare impacts to surrounding properties. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 15. 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 Coachella Valley Unified School District o Imperial Irrigation District o California Regional Water Quality Control Board (NPDES permit) 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 a building permit for the use contemplated herewith. 16. 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. 17. Seventy-five percent (75 %) of dwelling units within 150 feet of the ultimate right-of-way of 58th Avenue shall be limited to one story, not to exceed 22 feet in height. 18. 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. CONAPRVL.015 4 Conditions of Approval Tentative Tract 26853 June 8, 1993 19. 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 Environmental Assessment 91- 200 and Tentative Tract 26853, 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 91-200 and Tentative Tract 26853, 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 mitigating measures of Environmental Assessment 91-200 and Tentative Tract 26853. The Planning and Development Director may require inspection or other monitoring to assure such compliance. PUBLIC SERVICES AND UTILITIES 20. The Applicant shall comply with all the requirements of the City Fire Marshal as stated in the memo dated May 13, 1991. 21. The Applicant shall comply with all requirements of the Coachella Valley Water District. ENGINEERING DEPARTMENT CONDITIONS: 22. Applicant shall dedicate public 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, as follows: A. 58th Avenue - Primary Arterial, 55 foot half width. 23. The Applicant shall provide a separate lot or lots for private road purposes to be owned in common by owners of the residential lots in the land division. The private road(s) shall conform to the City's General Plan, Municipal Code, applicant Specific Plans if any, and as required by the City Engineer, as follows: A. All private streets - local street 37 feet full width. 24. Applicant shall vacate vehicle access rights to 58th Avenue from all abutting lots. Access to 58th Avenue from this land division shall be restricted to street intersections only. CONAPRVL.015 5 Conditions of Approval Tentative Tract 26853 June 8, 1993 25. Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right of way(s): A. 58th Avenue, 20 feet wide (minimum). 26. The Applicant shall provide 10 foot wide public utility easements on each side of the private road lot(s). 27. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning and Development Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 28. Applicant shall maintain the landscaped areas of the subdivision such as the landscaped setback lots and retention basins until accepted by the City Engineer for maintenance by the homeowner's association of the subdivision. 29. Applicant shall construct, or enter into agreement to construct, the tract grading and public or quasi -public improvements before the final map is recorded. Applicant shall pay cash, in lieu of and equivalent to the respective construction cost, for those improvements which involve fair -share responsibility that must be deferred until the full complement of funding is available. Payment of cash in lieu of construction may be deferred to a future date mutually agreed by Applicant and City Engineer, provided security for said future payment is posted by Applicant. 30. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 31. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement CONAPRVL.015 6 Conditions of Approval Tentative Tract 26853 June 8, 1993 shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 32. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the tract, state the pad elevation approved on the grading plan, the as -built elevation, and shall 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 as different times. 33. The Applicant shall maintain wind erosion control at all times in all areas disturbed by grading. The Applicant's method of erosion control shall conform to the provisions of Ordinance 219 pertaining to Fugitive Dust Control plan requirements, contained in the La Quinta Municipal Code. The Applicant shall post sufficient security with the City prior to receiving a grading permit to ensure compliance of this requirement. 34. Applicant shall install a trickling sand filter and leachfield in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer.The sand filter and leach field shall be sized to percolate 160 gallons per lot per day. 35. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation,perimeter wall, and drainage facilities installed in the subdivision. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the homeowner's association in planning for routine and long term maintenance. 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 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 that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hours event, 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 for those occasions when a storm greater than the 100 year 24 hour event occurs. CONAPRVL.015 7 Conditions of Approval Tentative Tract 26853 June 8, 1993 38. 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. 39. Access to the subdivision from 58th Avenue shall be limited to right turn in/out movements only unless one of the following three alternative conditions is implemented, in which case, then a full turn movement intersection will be permitted. a. The access road into TT 26853 is relocated to align with the access road into TPM 25700. b. The initial two year time period for recording TPM 25700 as a final map expires with no approved extension in which case, a full turn movement intersection will be permitted at the location shown on TT 26853. C. The City Council requires the subdivider of TPM 25700 when its first time extension is requested, to relocate the access road into said land division to align with the access road into TT 26853. 40. 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 La Quinta Municipal Code 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 pavement sections shall be based on Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. The minimum pavement sections shall be as follows: Residential 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" CONAPRVL.015 8 Conditions of Approval Tentative Tract 26853 June 8, 1993 If the applicant proposes to construct a partial pavement section for use during development of the tract, the partial section shall be designed with a strength equivalent to the 20-year design strength. 41. 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. 42. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. ON -SITE STREETS 1. All private streets - full width Local Street, 36 feet wide, refer to Std. Dwg. #105; the cul-de-sac bulb shall have a 45 foot curb radius. B. OFF -SITE STREETS 2. 58th Avenue - Applicant may be required to install street improvements or pay a cash in -lieu fee subject to forthcoming determination by City Planning Commission and City Council. Regardless which alternative is selected, the Applicant's responsibility for 58th Avenue improvements shall be equal to all required General Plan improvements appurtenant to a Primary Arterial (86-feet width improvement option) on the north side of the street centerline for a distance equal to 660-feet, refer to Std. Dwg. #100. 43. Applicant shall construct an eight -foot wide meandering bike path in the parkway and landscaped setback lot along 58th Avenue in lieu of the standard six-foot wide sidewalk. 44. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of providing a meandering public sidewalk. 45. 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. 46. 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. CONAPRVL.015 9 Conditions of Approval Tentative Tract 26853 June 8, 1993 47. 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. 48. 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. 49. 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. 50. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. 51. 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. 52. Applicant shall construct a guard gate and turn around area per plans approved by the City Engineer. A minimum of 75 feet of stacking distance between the northerly curb on 58th Avenue and the stopping point for driver validation shall be provided. The turn around area shall be designed in a manner that permits an automobile to complete the turn with only one back up movement. 53. Applicant shall have the 20 foot wide private road easement contiguous to the easterly tract boundary extinguished. 54. The City is contemplating adoption of a quality -assurance program for privately -funded construction. If the program is adopted prior to issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality - assurance program. If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 55. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications and applicable codes. CONAPRVL.015 10 Conditions of Approval Tentative Tract 26853 June 8, 1993 56. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings", "As -Built", or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 57. Grading, drainage, street, lighting, landscaping and irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 58. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall install traffic control devices and street name signs along access roads to those buildings. CONAPRVL.015 11