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PCRES 1998-030PLANNING COMMISSION RESOLUTION 98-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SECOND ANNUAL REVIEW FOR A MASTER PLANNED COMMUNITY OF 880 UNITS ON 220 ACRES LOCATED AT THE NORTHEAST CORNER OF AVENUE 58 AND MADISON STREET AND TO THE SOUTH OF PGA WEST, AND ON THE WEST SIDE OF MADISON STREET PURSUANT TO CONDITION #7 OF CITY COUNCIL RESOLUTION 91-105 CASE NO.: SPECIFIC PLAN 90-017 APPLICANT: KSL DESERT RESORTS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12th day of May, 1998, hold a duly noticed Public Hearing for the second annual review of SP 90-017, a master planned community of 880 units around golf course fairways on 220 acres, generally located at the northeast corner of Avenue 58 and Madison Street and to the south of PGA West, and on the west side of Madison Street pursuant to Condition #7 of City Council Resolution 91-105, more particularly described as: Portions of Sections 21 and 22, Township 6S, Range 7E, S.B.B.M. WHEREAS, on April 11, 1995, the Planning Commission approved the first annual review for SP 90-017 stating another review as necessary within two years; and WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of December, 1991, approve Specific Plan 90-017 and certify its accompanying EIR permitting development of 880 single family houses on 220 acres by adoption of Resolutions 91-104 (EA) and 91-105 (SP); and WHEREAS, in compliance with Condition #7 of Resolution 91-105 good faith compliance has been made in the implementation in that the only construction occurring within the Specific Plan is the Weiskopf Golf Course. Internal circulation has shifted to accommodate the design of the golf course and the circulation map has been updated accordingly. 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; RESOPCSP17KSL-23 Planning Commission Resolution 98 030 Specific Plan 90-017 (2n° Annual Review) KSL Desert Resorts, Inc. May 12, 1998 2. That it does hereby approve a second annual review for SP 90-017 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 City Planning Commission, held on this 121h day of May, 1998, by the following vote, to wit: AYES: Commissioners Abels, Kirk, Seaton, Tyler, and Chairman Butler NOES: None ABSENT: Commissioners Gardner and Woodard ABSTAIN: None R CHARD BUTLER, Chairman City of La Quinta, California ATTEST: HE N, Community Development Director La Q Inta, California RESOPCSP17KSL-23 PLANNING COMMISSION RESOLUTION 98-030 CONDITIONS OF APPROVAL -'ADOPTED SPECIFIC PLAN 90-017 (2NDANNUAL REVIEW) MAY 12, 1998 Mitigation Measure of Final EIR for SP 90-017 + Condition modified by Planning Commission on September 10, 1991 Condition modified by City Council on December 3, 1991 Modifications recommended by the Community Development Department GENERAL CONDITIONS 1.= The development shall comply with Exhibit "A", Specific Plan 90-017 (Annual Review Booklet), the Final EIR and the following conditions. 2.= Exterior lighting for the project shall comply with Section 9.100.150 of Zoning Ordinance. Plans shall be approved by the Community Development Department prior to issuance of a building permit. 3. Prior to 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 agencies: • City Fire Marshal • City of La Quinta Public Works Department • Community Development Department • Building and Safety Department • Coachella Valley Water District • Coachella Valley Unified School District • Imperial Irrigation District 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. 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. 5. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. +6. Prior to any initial final tract map approval, the Applicant/Developer shall prepare an overall plan or program for the provision of comfort station locations for all maintenance employees. This plan or program shall indicate station locations and -1- RESOLUTION 98--030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 design parameters and standards, and shall be subject to review by the Community Development Department. Said plan or program shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan or program. 7.= The Planning Commission shall conduct annual reviews of this Specific Plan. During each annual review by the Commission, the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Applicant/Developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the Specific Plan. Upon conclusion of the annual review, the Commission may determine that the Applicant has made good faith compliance/progress and may set a future review date at their discretion. The next annual review date for this project shall be May 12, 2002. 8. The Applicant/Developer shall submit an off -site improvements and on -site build -out phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department. ENVIRONMENTAL *9. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-017 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft/Final EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the SP 90-017 area. Said mitigation measures are hereby incorporated into these conditions by reference. +*10.Prior to any site disturbance, the Applicant/Developer shall initiate a lake bed delineation study, to be based upon the paleontological survey contained in the DER as Appendix "G". The study shall determine the extent of the ancient lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects. If the Developer of this project initiates development activity, then the pre -development data recovery program shall be undertaken prior to any site disturbance. The Applicant/Developer may be reimbursed by other area developers within the area defined by the lakebed study. -z- RESOLUTION 98- 030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 The Applicant/Developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developer(s) in accordance with the provisions of a reimbursement program. If the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the Developer authorizing any work on the program itself. *11. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant/Developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green wastes associated with golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centralized trash/ recycling bins are provided or utilized. PUBLIC SERVICES/UTILITIES/RESOURCES City Fire Marshal: 12. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. -3- RESOLUTION 98DW CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (24° ANNUAL REVIEW) MAY 12, 1998 13. The level of service required for this project should be aligned with the criteria for Category II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles B. Receipt of full 'first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall be prepared to identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. The analysis shall include consideration of the Applicants other proposals (SP 90-015 & SP 90-016) as well as existing and approved area projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. Coachella Valley Water District 14. Specific Plan 90-017 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The Developer shall use this water for golf course and landscape irrigation. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. *15.= Electric Utilities 16. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities. Schools *17. Impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the Developer and the District. In addition, the City, Developer and the Coachella Valley Unified School District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, dedications, or Mello -Roos District formation. RESOLUTION 98--ja30 CONDITIONS OF APPROVAL. SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 Recreation *18.= Applicant/Developer shall pay a parkland mitigation fee based upon requirement of 2.57 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff Report for SP 90-017 (1991). Determination of this fee shall be accomplished as set forth in Chapter 13.48 of the La Quinta Subdivision Ordinance. Fees are payable to the Community Development Department prior to final map approval by the City Council. Traffic/Circulation Improvements "19.= Applicant shall dedicate public street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer, as follows: A. Madison Street -Primary Arterial, 110 foot full width; 55 feet on each side of centerline between 58th Avenue and northern project boundary B. 58th Avenue - Primary Arterial, 55-foot half width; The public rights -of -way shall be dedicated by grant deed pursuant the improvement phasing plan on file with the City Engineer. 20. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. o2l.= Improved landscaped setback lots of noted width adjacent to the following street right-of-ways shall be constructed when the adjacent street improvements are installed as follows: A. Madison Street, 20-feet wide as per 19A above; B. 58th Avenue, 20-feet wide. The Madison Street setback lots shall include provision for an equestrian trail. Design of this trail shall be subject to review and approval by the Planning Commission. 22. Vehicle access rights to Madison Street and 58th Avenue shall be vacated except for the residential access shown on the Circulation Plan in the Specific Plan. o23. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare -5- RESOLUTION 98- 030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific Plan shall be subject to payment of fees, or construction of improvements in lieu of, as set forth in the ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. The fees shall be paid, or agreed to be paid, prior to recordation of the map. If in the event the major thoroughfare improvement ordinance is not adopted, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Madison Street/Avenue 58: 25% fair share responsibility; B. Madison Street/Main Gate: 50% fair share responsibility; C. Avenue 58/Secondary Gate: 100% fair share responsibility. 24. Turning movements of traffic accessing the residential Specific Plan areas from adjoining public streets shall be as follows: A. Madison Street 1. Residential Area Main Gate - Full turning movement permitted 2. Residential Secondary Gate - Full turning movement permitted. *25. Bus turnouts and bus waiting shelters shall be provided on Madison Street, 58th Avenue as may be requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed by Sunline Transit Agency prior to final City approval. +•26. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new 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 specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased in a manner that is consistent with on -site subdivision maps and internal circulation needs of the specific plan area. The following specific street widths shall be constructed to conform with the RESOLUTION 98- 030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2 ND ANNUAL REVIEW) MAY 12, 1998 General Plan street type noted therewith: A. ON -SITE STREETS 1. All private local streets - full width Local Street, 36 feet wide between curb faces; 2. Entry streets - divided street, 20 feet wide between curb faces for each roadway. B.= OFF -SITE STREETS - said ord*nane.—,pmvWv"he�' If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows: 1. Madison Street (portion contiguous to specific plan boundary) - Full - width Primary Arterial street improvements, 110-foot option. 2. Avenue 58 (portion contiguous to specific plan boundary) Half -width Primary Arterial street improvements, 110-foot right of way option. 27. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements +*28. The Applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc. , to achieve this. These systems shall be designed to provide overall project access. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. +*29. The Applicant/Developer shall provide a secondary/emergency access to the easterly adjacent north forty acres (APN: 761-170-005). Proposed location of this access shall be shown at the time of the initial tract/parcel map submittal, with the access design to be reviewed and approved with the first adjacent tract map. This -7- RESOLUTION 98--30 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2N0 ANNUAL REVIEW) MAY 12, 1998 access shall be subject to review and approval by the City Fire Marshal, the City Engineer, and the Community Development Department. HYDROLOGY/GRADING/DUST CONTROL 30. All project grading shall be done in a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that has historically received flow. *31. Storm water runoff produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basins or other approved retention areas on the golf course. The maximum water depth for any retention area shall not exceed six feet; 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 permanent irrigation improvements, landscape plants and materials, 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. *32. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. 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. *33.= Prior to the issuance of grading permits, the Applicant shall submit a comprehensive blowing dust and sand mitigation plan on the entire site to the Community Development Department for review and approval pursuant Chapter 6.16 of the La Quinta Municipal Code. This plan shall include, but not to be limited to, consideration of the following means to minimize blowing sand and dust: implementation of Uniform Building Code requirements, development phasing, retention of existing trees, cultivation of interim groundcover or crops, the conservative use of water trucks and sprinkler systems and use of soil binders. *34. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land RESOLUTION 98- 030 CONDITIONS OF APPROVAL SPECIFIC. PLAN 90-017 (2NO ANNUAL REVIEW) MAY 12, 1998 is not continued or placed in agricultural production, Applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. 35. 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 project 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: A. 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. LAND USE 37. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc., to satisfaction of City, shall be provided by Applicant/Developer for any site(s) where dedication of land for public utilities and/or facilities is required. RESOLUTION 98-MO CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2N0 ANNUAL REVIEW) MAY 12, 1998 38.= Any proposed main access entry gates shall be subject to separate site development permit reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Planning Commission approval. 39.= Separate Site Development Permit review of any maintenance facility site(s) shall be required by the Planning Commission as a public hearing. o+40. Building heights for residential uses shall be subject to height limits specified in the = Specific Plan, except that no building or structure, regardless of use, exceeding one story (24 feet in height), shall be allowed within 200 feet of any perimeter property line/public street frontage. All building heights shall be measured from finished grade elevation. All other residential structures shall be limited to two stories, not to exceed 28 feet. 41. Perimeter security walls shall be subject to the following standards: A. Setback from right-of-way lines along Madison Street, and 58th Avenue shall average 20 feet. oB. All wall designs, including location and materials, shall be subject to review by the Community Development Department. Wall design(s) along Madison Street shall include any necessary provisions/allowances for equestrian trail areas as required in Condition #21. *C. Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final EIR for SP 90-017. -42. A 6-foot wide meandering sidewalk shall be constructed in the northerly, easterly and westerly parkways and landscape setback lots of 58th Avenue and Madison Street respectively. Sidewalk design along Madison Street shall take into account the required equestrian trail. o43.= Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk and equestrian trail along Madison Street and 58"' Avenue, as necessary. Landscaping Requirements 44. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping improvements shall -10- RESOLUTION 98-030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 be in conformance with requirements of the Community Development Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 45. The Applicant/Developer shall prepare detailed irrigation and landscaping plans for required perimeter landscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Community Development Department, Public Works Department, and Planning Commission prior to review by Coachella Valley Water District. yiu - *47. Prior to the approval of building permits, the Applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. B. Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. -11- RESOLUTION 98--030 CONDITIONS OF APPROVAL SPECIFIC PLAN 90-017 (2ND ANNUAL REVIEW) MAY 12, 1998 C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. +48. Applicant/Developer shall submit a typical landscape plan for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Planning Commission, with a subsequent final review and acceptance by Coachella Valley Water District prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. Maintenance 49. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the Specific Plan area. 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. Miscellaneous 50.= Developer/property owner 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. -12-