PCRES 1997-062RESOLUTION 97-062
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING APPROVAL OF TENTATIVE
TRACT MAP 28545 TO THE CITY COUNCIL TO
ALLOW A 132-LOT SUBDIVISION ON
APPROXIMATELY 62.2 ACRES
CASE NO.: TTM 28545
APPLICANT: KSL DESERT RESORT, INC.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 15' day of September and 8' day of July, 1997, hold duly noticed Public
Hearings to consider the request of KSL DESERT RESORT, INC. for approval of a
Tentative Tract Map to create 132 lots on 62.2 acres, in the area encompassing the
La Quinta Resort and Club , generally located west of Eisenhower Drive, and south
of Avenida Fernando, more particularly described as:
A portion of Section 36, T6E, R6E, S.B.B.M.
WHEREAS, said Tentative Map has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63). The Community Development Department has prepared
Environmental Assessment 97-343 for this project which states the project will not
have a significant impact on the environment based on conditions and a Mitigated
Negative Declaration of Environment should be certified; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following Mandatory Findings of approval to
justify a recommendation for approval of said Tentative Tract Map 28545:
1. The proposed map and its design is consistent with the City of La Quinta
General Plan and any applicable specific plans in that its lots are in
conformance with applicable goals, policies, and development standards, such
as lot size and will provide adequate infrastructure and public utilities.
2. The design of the subdivision are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat
because the area covered by the Map is mostly developed and mitigation
measures and conditions will be imposed.
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Planning Commission Resolution 97-062
3. The design of the subdivision is not likely to cause serious public health
problems because urban improvements are existing or will be installed based
on applicable Local, State, and Federal requirements.
4. The design of the subdivision, or type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of
property within the proposed subdivision in that none presently exist and
access to the resort residential area will be provided to surrounding property
owners.
WHEREAS, in the review of this Tentative Tract Map, the Planning
Commission has considered, the effect of the contemplated action on housing
needs of the region for purposes of balancing those 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 Planning
Commission in this case;
2. That it does recommend approval of Tentative Tract Map 28545 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 15th day of September, 1997, by the
following vote, to wit:
AYES: Commissioners Abels, Kirk, Woodard and Chairman Butler.
NOES: None
ABSENT: Commissioners Gardner, Seaton and Tyler.
ABSTAIN: None
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Planning Commission Resolution 97-062
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
FY HERM N, Community Development Director
of La Q inta, California
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT MAP 28545
KSL RESORTS, INCORPORATED
SEPTEMBER 15, 1997
GENERAL
1. Upon their approval by the City Council, the City Clerk is directed to file these
Conditions of Approval with the Riverside County Recorder for recordation
against the properties to which they apply.
2. Tentative Tract Map 28545 shall comply with the requirements and standards
of § § 66410-66499.58 of the California Government Code (the Subdivision
Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless
otherwise modified by the following conditions. This map shall expire two
years after approval by the City Council unless extended pursuant to the
provisions of the Subdivision Ordinance.
3. Prior to the issuance of a grading permit or 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:
• Fire Marshal (requirements to be determined during plan check)
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (per letter of June 16,1997, on file in
Community Development Department)
• Imperial Irrigation District
• California Regional Water Quality Control Board (NPDES Permit)
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit. For subdivisions requiring project -specific
NPDES construction permits, the applicant shall include a copy of the
application for the Notice of Intent with grading plans submitted for plan
checking. Prior to issuance of a grading or site construction permit, the
applicant shall submit a copy of the proposed Storm Water Pollution Protection
Plan for review by the Public Works Department.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
4. 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.
PROPERTY RIGHTS
5. All easements, rights of way and other property rights required of the tentative
map or otherwise necessary to facilitate the ultimate use of the development
and functioning of improvements shall be dedicated, granted or otherwise
conferred, or the process of said dedication, granting, or conferral shall be
ensured, prior to approval of a final map or parcel map or a waiver of parcel
map. The conferral shall include irrevocable offers to dedicate or grant
easements to the City for access to and maintenance, construction, and
reconstruction of all essential improvements which are located on privately -
held lots or parcels.
6. Prior to approval of a final map, parcel map or grading plan and prior to
issuance of a grading permit, the applicant shall furnish proof of temporary or
permanent easements or written permission, as appropriate, from owners of
any abutting properties on which grading, retaining wall construction,
permanent slopes, or other encroachments are to occur.
7. If the applicant proposes vacation or abandonment of any existing rights of
way or access easements which will diminish access rights to any properties
owned by others, the applicant shall provide approved alternate rights of way
or access easements to those properties unless the owners specifically agree
to the proposed diminishment of access rights.
8. The applicant shall dedicate private street, parking and utility easements or
rights of way in conformance with the City's General Plan, Municipal Code,
and as required by the City Engineer except as approved in a revised specific
plan for the project area.
9. The applicant shall dedicate any easements necessary for placement of and
access to utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
10. The 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 any final map(s) covering the same portion of the
property unless such easements are approved by the City Engineer.
FINAL MAP(S) AND PARCEL MAP(S)
11. As part of the filing package for final map approval, the applicant shall furnish
accurate AutoCad files of the complete map, as approved by the City's map
checker, on storage media and in a program format acceptable to the City
Engineer. The files shall utilize standard AutoCad menu choices so they may
be fully retrieved into a basic AutoCad program. At the completion of
construction and prior to final acceptance of improvements, the applicant shall
update the files to reflect as -constructed conditions including approved
revisions to the plans.
If the map is not produced in AutoCad or another format which can be
converted to AutoCad, the City Engineer may accept raster image files in place
of AutoCad files.
IMPROVEMENT PLANS
12. Improvement plans submitted to the City for plan checking shall be submitted
on 24" x 36" media in the categories of "Rough Grading," "Precise Grading,"
"Streets & Drainage," and "Landscaping." All plans except precise grading
plans shall have signature blocks for the City Engineer. Precise grading plans
shall have signature blocks for Community Development Director and the
Building Official. Plans are not approved for construction until they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, gates and entryways, and parking lots. If water and sewer plans are
included on the street and drainage plans, the plans shall have an additional
signature block for the Coachella Valley Water District (CVWD). The combined
plans shall be signed by CVWD prior to their submittal for the City Engineer's
signature.
"Landscaping" plans shall normally include landscape improvements, irrigation,
lighting, and perimeter walls.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
13. The City may maintain standard plans, details and/or construction notes for
elements of construction. For a fee established by City resolution, the
applicant may acquire standard plan and/or detail sheets from the City.
14. When final plans are approved by the City, and prior to approval of the final
map, the applicant shall furnish accurate AutoCad files of the complete,
approved plans on storage media acceptable to the City Engineer. The files
shall utilize standard AutoCad menu choices so they may be fully retrieved into
a basic AutoCad program. At the completion of construction and prior to final
acceptance of improvements, the applicant shall update the files to reflect as -
constructed conditions including approved revisions to the plans.
If the map is not produced in AutoCad or another format which can be
converted to AutoCad, the City Engineer may accept raster image files in place
of AutoCad files.
IMPROVEMENT AGREEMENT
15. The applicant shall construct improvements and/or satisfy obligations, or
furnish an executed, secured agreement to construct improvements and/or
satisfy obligations required by the City prior to agendization of a final map or
parcel map or issuance of a certificate of compliance for a waived parcel map.
For secured agreements, security provided, and the release thereof, shall
conform with Chapter 13, LQMC.
Improvements to be made or agreed to shall include removal of any existing
structures or obstructions which are not part of the proposed improvements.
16. If improvements are secured, the applicant shall provide approved estimates
of improvement costs. Estimates shall comply with the schedule of unit costs
adopted by City resolution or ordinance. For items not listed in the City's
schedule, estimates shall meet the approval of the City Engineer.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
Estimates for utilities and other improvements under the jurisdiction of outside
agencies shall be approved by those agencies. Security is not required for
telephone, gas, or T.V. cable improvements. However, tract improvements
shall not be agendized for final acceptance until the City receives confirmation
from the telephone authority that the applicant has met all requirements for
telephone service to lots within the development.
17. If the applicant desires to phase improvements and obligations required by the
conditions of approval and secure those phases separately, a phasing plan shall
be submitted to the Public Works Department for review and approval by the
City Engineer.
The applicant shall complete required improvements and satisfy obligations as
set forth in the approved phasing plan. Improvements and obligations required
of each phase shall be completed and satisfied prior to completion of homes
or occupancy of permanent buildings within the phase unless a construction
sequencing plan for that phase is approved by the City Engineer.
18. If improvements are phased with multiple final maps or other administrative
approvals (plot plans, site development permits, etc.), off -site improvements
and development -wide improvements lie: retention basins, perimeter walls &
landscaping, gates, etc.) shall be constructed or secured prior to approval of
the first final map unless otherwise approved by the City Engineer.
GRADING
19. Graded, undeveloped land shall be maintained to prevent dust and blowsand
nuisances. The land shall be planted with interim landscaping or provided with
other wind and water erosion control measures approved by the Community
Development and Public Works Departments.
20. 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 6.16, LQMC. 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.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
21. The applicant shall comply with the City's flood protection ordinance.
22. The applicant shall furnish a thorough preliminary geological and soils
engineering report (the "soils report") with the grading plan.
23. A grading plan shall be prepared by a registered civil engineer and must meet
the approval of the City Engineer prior to issuance of a grading permit. 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 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.
24. Prior to issuance of building permits, the applicant shall provide a separate
document, bearing the seal and signature of a California registered civil
engineer or surveyor, that lists actual building pad elevations for the building
lots. The document shall list the pad elevation approved on the grading plan,
the as -built elevation, and the difference between the two, if any. The data
shall be organized by lot number and shall be listed cumulatively if submitted
at different times.
DRAINAGE
The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and
the following:
25. Stormwater falling on site during the peak 24-hour period of a 100-year storm
shall be retained within the development or in adjacent golf course areas
unless otherwise approved in the revised specific plan or by the City Engineer.
The tributary drainage area shall extend to the centerline of adjacent public or
private streets.
26. The applicant shall construct facilities, approved by the City Engineer, which
intercept and percolate nuisance water and prevent flow onto golf courses,
common areas or off -site locations. The facilities shall be sized to percolate
22 gallons per day per 1,000 square feet of drainage area. For design
purposes, the maximum percolation rate of native soils shall be two inches per
hour. The percolation rate shall be considered zero unless the applicant
provides site -specific data which demonstrates otherwise.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
27. The design of the development shall not cause any increase in flood
boundaries, levels or frequencies in any area outside the development.
28. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow outlet
and into the historic drainage relief route.
29. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
30, If the applicant proposes drainage of stormwater to off -site locations, the
applicant may be required to design and install first -flush storage, oil/water
separation devices, or other screening or pretreatment method(s) to minimize
conveyance of contaminants to off -site locations. If the drainage will directly
or indirectly enter public waterways, the applicant and, subsequently, the
applicant and the applicant's successors and assigns shall be responsible for
any sampling and testing of effluent which may required under the City's
NPDES Permit or other city- or area -wide pollution prevention programs and for
any other obligations and/or expenses which may arise from such discharge
of the development's stormwater or nuisance water. The tract CC & Rs shall
reflect the existence of this potential obligation.
UTILITIES
31. In areas where hardscape surface improvements are planned, underground
utilities shall be installed prior to construction of surface improvements. The
applicant shall provide certified reports of utility trench compaction tests for
approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
32. The City is contemplating adoption of a major thoroughfare improvement
program. If the program is in effect 60 days prior to recordation of any final
map or issuance of a certificate of compliance for any waived final map, the
development or portions thereof may be subject to the provisions of the
ordinance.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
If this development is not subject to a major thoroughfare improvement
program, the applicant shall be responsible for all street and traffic
improvements required herein.
33. The applicant shall be responsible for any off -site traffic improvements shown
warranted by the revised traffic study to be submitted with the revised
specific plan.
34. All private street, parking and pedestrian improvements shall comply with the
City's General Plan, Zoning Ordinance, Subdivision Ordinance, and current
policies except as may be approved in the revised specific plan or by the City
Engineer.
35. The City Engineer may require improvements extending beyond development
boundaries such as, but not limited to, pavement elevation transitions, street
width transitions, or other incidental work which will ensure that newly
constructed improvements are safely integrated with existing improvements
and conform with the City's standards and practices.
36. Improvement plans for all on- and off -site streets and access gates shall be
prepared by registered professional engineer(s) authorized to practice in the
State of California. Improvements shall be designed and constructed in
accordance with the LOMC, adopted Standard and Supplemental Drawings and
Specifications, and as approved by the City Engineer.
37. Street pavement sections shall be based on a Caltrans design for a 20-year life
and shall consider soil strength and anticipated traffic loading (including site
and building construction traffic)• The minimum pavement sections shall be
as follows:
Residential & Parking Areas 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"
The listed structural sections are minimums, not defaults. Street pavement
sections shall be designed using Caltrans design procedures with site -specific
data for soil strength and traffic volumes.
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
The applicant shall submit current (no more than two years old) mix designs
for base materials, Portland cement concrete and asphalt concrete, including
complete mix design lab results, for review and approval by the City. For mix
designs over six months old, the submittal shall include recent (no more than
six months old at the time proposed for construction) aggregate gradation test
results to confirm that the mix design gradations can be reproduced in
production of the base or paving material. Construction operations shall not
be scheduled until mix designs are approved.
38. Prior to occupancy of homes or other permanent buildings within the
development, the applicant shall install all street and sidewalk improvements,
traffic control devices and street name signs along access routes to those
buildings. If on -site streets are initially constructed with only a portion of the
full thickness of pavement, the applicant shall complete the pavement when
directed by the City but in any case prior to final inspections of any of the final
ten percent of homes within the tract.
QUALITY ASSURANCE
39. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
40. The subdivider shall arrange and bear the cost of measurement, sampling and
testing not included in the City's permit inspection program but which are
required by the City to provide evidence that materials and their placement
comply with plans and specifications. Testing shall include a retention basin
sand filter percolation test, as approved by the City Engineer, after required
tract improvements are complete and soils have been permanently stabilized.
41. The applicant shall employ or retain California registered civil engineers,
geotechnical engineers, or surveyors, as appropriate, who will provide, or have
their agents provide, sufficient supervision and verification of the construction
to be able to furnish and sign accurate record drawings.
42. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all plans which were signed by the City
Engineer. Each sheet of the drawings shall have the words "Record
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RESOLUTION 97-062
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT 28545
SEPTEMBER 15, 1997
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. The applicant shall revise the plan computer files previously
submitted to the City to reflect the as -constructed condition.
MAINTENANCE
43. The applicant shall make provisions for continuous maintenance of drainage,
landscaping and on -site street improvements. The applicant shall maintain off -
site public improvements until final acceptance of improvements by the City
Council.
FEES AND DEPOSITS
44. The applicant shall pay all deposits and fees required by the City for plan
checking and construction inspection. Deposit and fee amounts shall be those
in effect when the applicant makes application for plan checking and permits.
MISCELLANEOUS
45. Developer agrees to indemnify, defend, and hold harmless the City of La
Quinta in the event of any legal claim or litigation arising out of the City's
approval of this project.
46. The applicant/developer shall comply with the mitigation measures contained
in the. Mitigation Monitoring Plan attached to Environmental Assessment 97-
343.
47. This map shall be subject to all requirements of SP 121 E, Amendment #4, and
SDP 97-607 and shall be revised as necessary prior to recordation.
48. Developer agrees to indemnify, defend and hold harmless the City of La Quinta
in the event of any legal claim or litigation arising out of the City's approval of
this project. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
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