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PCRES 1998-066PLANNING COMMISSION RESOLUTION 98-066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 29003 TO CREATE A 19 SINGLE FAMILY RESIDENTIAL AND ONE LETTERED LOT SUBDIVISION ON 5.4 ACRES, LOCATED WEST OF MADISON STREET, ALONG BRAE BURN, SOUTH OF LAUREL VALLEY, WITHIN PGA WEST CASE NO: TENTATIVE TRACT MAP 29003 BROOKFIELD HOMES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 13th day of October, 1998, hold a duly noticed Public Hearing to consider a request by Brookfield Homes to create a 19 single family and one lettered lot subdivision on 5.4 acres along Brae Burn, within PGA West; and, WHEREAS, said Tentative Tract Map is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and 15182, as Environmental Impact Report (Sch# 83062922), prepared for Specific Plan 83-002, was certified by the City Council in 1984, and no changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify a recommendation for approval of said Tentative Tract Map: 1. The design and improvements of the proposed Tentative Tract Map 29003 are consistent with the current goals and objectives of the La Quinta General Plan in that the subdivision will result in the development of single family residences, within a gated community. The proposed subdivision will create larger lots and reduce the total lot count within Specific Plan 83-002 Amendment #3 by five residential lots. 2. Tentative Tract Map 29003 is consistent with current standards of the Municipal Zoning Ordinance and Specific Plan 83-002 Amendment #3 for a project located within the RL (Residential Low Density) Zoning District. This subdivision proposes lot sizes greater than the 7,200 square feet minimum required by the RL Zoning District. PAperes7TM29003.wpd 3. Tentative Tract Map 29003 is consistent with the standards of the City's Subdivision Ordinance and Specific Plan 83-002 Amendment #3, in that all proposed lots meet the required dimensions, with the smallest lot size being 11,840 square feet; and design for access and circulation meets those requirements approved for Specific Plan 83-002 Amendment #3. 4. The design of Tentative Tract Map 29003 and its related improvements, are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 5. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that Environmental Impact Report Sch# 83062922 was certified in 1984, by the City Council for Specific Plan 83-002, in which Tentative Tract Map 29003 is located, and there are no changed circumstances or conditions proposed by Tentative Tract Map 29003 which would trigger the preparation of a subsequent environmental analysis. 6. The design of the subdivision, and types of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision, as the proposed subdivision has been reviewed for these issues with no concerns identified. 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 said Planning Commission in this case; 2. That it does hereby recommend approval of the above -described Tentative Tract Map 29003, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of October, 1998, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Robbins and Chairman Tyler. NOES: None ABSENT: None ABSTAIN: None P:\peresTTM29003.wpd OBERT T. TYLER, Chairman City of La Quinta, California ATTEST: ✓elopment Director P:\peresTTM29003.wpd PLANNING COMMISSION RESOLUTION 98-066 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 29003 - BROOKFIELD HOMES OCTOBER 13, 1998 *Modified by Planning Commission, October 13, 1998 GENERAL CONDITIONS OF APPROVAL 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. Subdivider 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 sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29003 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 approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 4. 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 • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District • 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. P:\LESL1E\pccoaTT29003.wpd Printed October 14, 1999 Page 1 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. 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 6. 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. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility easements. 7. The applicant shall maintain the 10-foot utility easement dedicated on the underlying Tract Map 28341-2 unless the City receives written consent from affected utility authorities for a reduction to five feet as shown on this tentative map. 8. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, and mailbox clusters. 9. 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) 10. Prior to approval of a final map, 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. P:\LESLIEIpccoa7T29003.wpd Printed Weber 14, 1998 Page 2 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 11. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading" and "Precise Grading." Rough 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. Plans for improvements not listed above shall be in formats approved by the City Engineer. 12. 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. IMPROVEMENT AGREEMENT 13. 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 approval of a final 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. 14. 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. 15. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits and final building inspections or otherwise withhold approvals related to the development of this project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. P:\LESL1Etpccoa7r29003.wpd Printed October 14, 1998 Page 3 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 16. 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. 17. 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. 18. The applicant shall comply with the City's flood protection ordinance. 19. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 20. 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. 21. 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 22. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plans for the PGA West development. UTILITIES *23. The applicant shall furnish a revision to the existing plan for utility lateral construction and abandonment and provide approved estimates for the work. P:\LESLIEtpccoaTT29003.wpd Printed October 14, 1998 Page 4 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 STREET AND TRAFFIC IMPROVEMENTS 24. 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. 25. Prior to final inspections of homes within this tract, the street improvements required of the underlying Tract 28341-2 shall be complete. 26. Prior to approval of a final map, the applicant shall satisfy this tract's share of offsite improvement obligations as specified in an off -site improvement phasing plan approved by the City. LANDSCAPING 27. The applicant shall satisfy this tract's share of offsite and perimeter landscaping obligations as specified in the an off -site improvement phasing plan approved by the City. QUALITY ASSURANCE 28. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer.. 29. 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. FEES AND DEPOSITS 30. 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. 31. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. FIRE DEPARTMENT CONDITIONS P:\LESLIE\pccoa7T29003.wpd Printed (_3e1ober 14, 1998 Page 5 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 32. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1500 gpm for a 2 hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 32. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 33. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 34. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MISCELLANEOUS 36. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 37. Applicable conditions of Specific Plan 83-002 shall be met prior to building permit issuance. 38. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. 39. Temporary on -site sales facilities are subject to the requirements of Section 9.60.250 of the Zoning Ordinance (i.e., Minor Use Permit). 40. Prior to building permit issuance, recreational amenity plans for the interior common lot shall be submitted for review and approval by the Community Development Department. P:\LESLIE\pceoaTr29003.wpd Printed October 14, 1998 Page 6 of 7 Planning Commission Resolution 98-066 Conditions of Approval - Adopted Tentative Tract Map 29003 - Brookfield Homes October 13, 1998 41. Prior to building permit issuance, single family houses for the tract shall be reviewed by the Planning Commission pursuant Sections 9.210.010 (Site Development Permits) and/or 9.60-300 (Compatibility Review) of the Zoning Ordinance unless the house plans have been previously approved for use in PGA West. P:\LESLIE\pccoaTT29003.wpd Printed October 14, 1998. Page 7 of 7