PCRES 1999-008PLANNING COMMISSION RESOLUTION 99-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT
MAP 28982 TO ALLOW A ONE CONDOMINIUM LOT FOR
160-UNITS ON 10.17 ACRES, LOCATED AT THE
SOUTHWEST CORNER OF 47T" AVENUE AND ADAMS
STREET
CASE NO.: TENTATIVE TRACT MAP 28982
APPLICANT: MAINIERO, SMITH AND ASSOC., INC. FOR A. G. SPANOS CORP.
WHEREAS, the Planning Commission for the City of La Quinta,
California, did on the 24'" day of November, 1998, and 261' day of January, 1999,
hold duly noticed Public Hearings to review the request for a one lot (airspace)
condominium subdivision for 160 units on 10.17 acres located at the southwest
corner of 47"' Avenue and Adams Street, more particularly described as:
Assessor's Parcel Number 643-090-014; Portion of SE 1/4 of Section
30, Township 5 South, Range 7 East, San Bernardino Base and
Meridian, County of Riverside, California
WHEREAS, said Environmental Assessment has complied with the
requirements of 'The Rules to Implement the California Environmental Quality Act of
1970", as amended (Resolution 83-63), in that the Community Development Director
has conducted an Initial Study (Environmental Assessment 98-369) and has
determined that although the proposed project could have an adverse impact on the
environment, there would not be a significant effect in this case because appropriate
mitigation measures are made a part of the Conditions of Approval for Tentative
Tract Map 28982, and a Mitigated Negative Declaration of Environmental Impact will
be filed.
WHEREAS at said Public Hearings, 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 28982:
A. The proposed map is consistent with the City of La Quinta General Plan,
Zoning Code, and Subdivision Ordinance.
The property is designated High Density Residential (HDR) by the General Plan
Land Use Element (Chapter 2.0) permitting attached single family projects of
12 to 16 units per acre pursuant to Policy 2-1.1.8. The proposed 160 unit
development is consistent with the HDR requirements.
PACAROLYNUtesopcTrMSpmos.wpd (28)
Planning Commission Resolution 99-008
Airspace condominium developments are allowed pursuant to Table 401 of the
Zoning Ordinance. The RH District (High Density Residential) permits attached
single family housing not exceeding three stories in height. Maximum two
story buildings are proposed in compliance with City standards.
B. The design or improvement of the proposed subdivision is consistent with the
La Quinta General Plan.
New on -site streets and development improvements for the project conform
to City standards as outlined in the General Plan and Subdivision Ordinance.
All on -site streets are private and designed in accordance with Chapter 3.0 of
the General Plan Circulation Element.
C. The design of the subdivision, or the proposed improvements, are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
The vacant, previously disturbed site is suitable for high density residential
development based on the recommendations of Environmental Assessment 98-
369. Development will not cause substantial environmental damage, or injury
to fish or wildlife, or their habitat provided mitigation measures are met.
Urban improvements are adjoining the property making it conducive for
residential development.
D. The design of the subdivision or type of improvements are not likely to cause
serious public health problems.
The design of the subdivision, as conditionally approved, will not cause serious
public health problems because they will install urban improvements based on
City, State, and Federal requirements.
Infrastructure improvements are readily available adjacent to the site. New
improvements required for this project will be compatible with the
development improvements to the south and west (i.e., Lake La Quinta
development). To ensure debris or pollutants do not drain into the existing
Lake La Quinta development, oil/water separators shall be installed in the
subsurface drainage system.
E. 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.
A new median is required on Adams Street for this project. The proposed on -
site streets are planned to provide direct access to each residential unit and
the accessory parking areas. The project improvements will benefit
surrounding properties.
PACAROLYNUtesopcTTMSpanos.wpd (28)
Planning Commission Resolution 99-008
The design of Tentative Tract Map 28982 will not conflict with existing public
easements, as the project has been designed around, and with consideration
for, these easements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case; and
2. That it does hereby recommend to the City Council approval of Tentative Tract
Map 28982 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 the 26' day of January, 1999, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Robbins, and Tyler.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
JE Y OERMAN, ommunity
Cit of a Quinta, California
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ROBERT T. TYL R, Chairman
City of La Quinta, California
Development Director
PLANNING COMMISSION RESOLUTION 99-008
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE TRACT MAP 28982
JANUARY 26, 1999
CONDITIONS OF APPROVAL
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. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta
(the "City"), its agents, officers and employees from any claim, action or proceeding
to attack, set aside, void, or annul the approval of this tentative map or any final map
thereunder. The City shall have sole discretion in selecting its defense counsel.
3. Tentative Tract Map No. 28982 shall comply with the requirements and standards
of § §66410 through 66499.58 of the California Government Code (the Subdivision
Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC).
4. The tentative map shall expire within two years unless an extension of time is applied
for and granted by the City Council pursuant to Subdivision Code requirements.
5. Prior to the issuance of any grading, construction or building permit, 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 (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
The applicant (subdivider and subdivider's successors in interest in the property) 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.
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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
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.
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6. Prior to approval of a final map, the applicant shall acquire or confer all easements
and other property rights required of the tentative map or otherwise necessary for
construction and use of the proposed development.
7. The applicant shall dedicate easements necessary for placement of and access to
utility lines and structures and common areas.
8. The applicant shall vacate abutter's rights of access to public streets and properties
from all frontage along the streets and properties except access points shown on the
approved tentative map.
9. The applicant shall furnish proof of 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.
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 MAPS)
11. 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 items so they may be fully retrieved into a basic AutoCad program.
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Planning Commission Resolution 99-009
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
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
As used throughout these conditions of approval, professional titles such as "engineer,"
"surveyor," and "architect" refer to persons currently certified or licensed to practice their
respective professions in the State of California.
12. Improvement plans shall be prepared by or under the direct supervision of qualified
engineers, surveyors and landscape architects, as appropriate. Plans 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. "Landscaping" plans shall normally include
landscape improvements, irrigation, lighting, and perimeter walls.
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
the standard materials.
14. When final plans are approved by the City, 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 items 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.
If the plans were not produced in AutoCad or a file format which can be converted
to AutoCad, the City Engineer may accept raster -image files of the plans.
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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
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 approval 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 estimates of improvement
costs for checking and approval by the City Engineer. 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.
Estimates for utilities and other improvements under the jurisdiction of other 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 improvements are phased with multiple final maps or other administrative approvals
(site development permits, conditional use permits, etc.), off -site and perimeter
improvements shall be constructed or secured prior to approval of the first phase
unless otherwise approved by the City Engineer. Improvements and obligations
required of each phase shall be completed and satisfied prior to occupancy of
permanent buildings within the phase and subsequent phases unless a construction
phasing plan is approved by the City Engineer.
18. 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 or final building inspections or otherwise withhold
approvals related to the development of the project until the applicant makes
satisfactory progress on the improvements or obligations or has made other
arrangements satisfactory to the City.
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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
19. The applicant shall pay cash or provide security for applicant's required share of
improvements which have been or may be constructed by others (participatory
improvements).
Participatory improvements for this development include:
A. Adams Street landscape median - 50% of total cost for the length of the
applicant's frontage.
The applicant's obligations for all or a portion of the participatory improvements may,
at the City's option, be satisfied by participation in a major thoroughfare
improvement program if this development becomes subject to such a program.
GRADING
20. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading
plan prepared by a qualified engineer. The grading plan shall conform with the
recommendations of the soils report and be certified as adequate by a soils engineer
or engineering geologist. The plan must be approved by the City Engineer prior to
issuance of a grading permit. A statement shall appear on final maps (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. The applicant shall endeavor to minimize differences in elevation at abutting
properties and between separate tracts and lots within this development. Building
pad elevations on contiguous lots shall not differ by more than three feet except for
lots within a tract, but not sharing common street frontage, where the differential
shall not exceed five feet. If compliance with this requirement is impractical, the City
will consider and may approve alternatives which minimize safety concerns,
maintenance difficulties and neighboring -owner dissatisfaction with the grade
differential.
22. 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. 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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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
23. The applicant shall maintain graded, undeveloped land to prevent wind and water
erosion of soils. The land shall be planted with interim landscaping or provided with
other erosion control measures approved by the Community Development and Public
Works Departments.
24. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by a civil engineer or surveyor. The certifications
shall list approved pad elevations, actual elevations, 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
25. Stormwater and nuisance water handling shall conform with the approved hydrology
and drainage plan for the Lake La Quinta development and as follows:
A. The applicant shall install oil/water separators on subsurface storm drain lines
exiting the south end of the property.
B. The applicant shall make provisions for perpetual maintenance of the oil/water
separators and of the drainage swale along the west property boundary to
ensure free flow of storm runoff and prevent migration of debris and pollutants
to the Lake La Quinta development.
C. The applicant shall deed or dedicate to the City drainage easements over the
drainage swale along the west property boundary and the drainage line from
Adams Street to Dulce Del Mar. The easements shall include the right of access
through the tentative tract area for maintenance, construction and
reconstruction of these facilities.
UTILITIES
26. Existing and proposed utilities within or adjacent to the proposed development shall
be installed underground. Power lines exceeding 34.5 kv are exempt from this
requirement.
27. Underground utilities shall be installed prior to overlying hardscape. The applicant _
shall provide certified reports of trench compaction for approval of the City Engineer.
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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
28. The City is contemplating adoption of a major thoroughfare improvement program.
Any property within this development which has not been subdivided in accordance
with this tentative map 60 days after the program is in effect shall, at the City's
option, be subject to the program.
29. General access points and turning movements of traffic are limited to the following:
A. Avenue 47 - Sixty -foot -wide primary access centered approximately 335 feet
west of the centerline of Adams Street.
B. Avenue 47 - Alternate access for emergency vehicles only near the west end
of this development.
30. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved by
the City Engineer. Improvement plans for streets, access gates and parking areas
shall be stamped and signed by qualified engineers.
31. The applicant shall design pavement sections using Caltrans' design procedure (20-
year life) and site -specific data for soil strength and anticipated traffic loading
(including construction traffic). The minimum structural section for streets and
parking areas is 3.0" a.c./4.50" a.b. or equivalent.
32. The applicant shall submit current mix designs (less than two years old at the time
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design procedure.
For mix designs over six months old, the -submittal shall include recent (less than six
months old at the time of construction) aggregate gradation test results confirming
that design gradations can be achieved in current production. The applicant shall not
schedule construction operations until mix designs are approved.
33. The City will conduct final inspections of homes and other habitable buildings only
when the buildings have improved street access to publicly -maintained streets. The
improvements shall include required traffic control devices, pavement markings and
street name signs.
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Planning Commission Resolution 99-008
Conditions or Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
•
34. The applicant shall employ construction quality -assurance measures which meet the
approval of the City Engineer.
35. The applicant shall arrange and bear the cost of measurement, sampling and testing
procedures not included in the City's inspection program but required by the City as
evidence that construction materials and comply with plans and specifications.
• •_-•*�y
36. The applicant shall pay the City's established fees for plan checking and construction
inspection. Fee amounts shall be those in effect when the applicant makes
application for plan checking and permits.
37. The applicant shall comply with the terms and requirements of the Infrastructure Fee
program in effect at the time of issuance of building permits.
38. Within 24 hours of approval by the City Council, the property owner/developer shall
submit to the Community Development Department two checks made out to the
County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and
posting of the Notice of Determination for EA 98-369.
39. Prior to building permit issuance, the developer shall pay school mitigation fees to the
Desert Sands Unified School District based on the State imposed fee in effect at that
time.
40. Prior to final map approval by the City Council, the property owner/developer shall
meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in
Section 13.48 of the Subdivision Ordinance.
FIRE DEPARTMENT
41. 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: "/ certify that
the design of the water system is in accordance with the requirements prescribed by
the Riverside County Fire Department."
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Planning Commission Resolution 99-008
Conditions of Approval - Adopted
Tentative Tract Map 28982
January 26, 1999
42. Phased improvements shall be approved by the Fire Department.
ENVIRONMENTAL
43. Prior to the issuance of a grading permit or building permit, the property
owner/developer shall prepare and submit a written report to the Community
Development Department demonstrating compliance with those Conditions of
Approval and mitigation measures of TTM 28982 and EA 98-369. Mitigation
monitoring of the project site during grading is required.
MISCELLANEOUS
44. All agency letters received for this case are made part of the case file documents for
plan checking purposes.
45. Prior to final map approval by the City Council, proposed street names shall be
submitted to the Community Development Department for review and approval.
Three names shall be submitted for each proposed private street. Street signs shall
be installed by the developer.
46. Prior to final map approval, the applicant shall submit to the Community Development
Department for review a copy of the proposed Covenants, Conditions, and
Restrictions (C. C. and R's) for the project. Approval of the C. C. and R's by the City
Attorney is required.
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