PCRES 2001-039PLANNING COMMISSION RESOLUTION 2001- 039
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL
MAP 29889, TO SUBDIVIDE 4.9 ACRES INTO 12 PARCELS
TENTATIVE PARCEL MAP 29889
McDERMOTT ENTERPRISES
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 27' day of March, 2001, hold a duly noticed Public Hearing to consider
a request by McDermott Enterprises to create 12 parcels, on 4.9 acres at the
southeast corner of 47" Avenue and Washington Street; and,
WHEREAS, the Tentative Parcel Map 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 Department has
determined that the proposed Tentative Parcel Map could not have a significant
adverse impact on the environment provided that recommended mitigation is required,
and that a Mitigated Negative Declaration of Environmental Impact should be filed;
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 proposed Tentative Parcel Map is consistent with the La Quinta General
Plan, in that the subdivision will result in the creation of commercial parcels,
to be developed in accordance with the existing Zoning and General Plan
designations as established.
2. The design and improvements for the Tentative Parcel Map are consistent with
the La Quinta General Plan, in that all proposed parcels meet minimum required
dimensions. The design of the private interior streets and the proposed
residential and lettered lots are consistent with standards as contained in the
General Plan.
3. The design of the Tentative Parcel Map, and proposed improvements, are not
likely to cause substantial environmental damage, or substantially and
unavoidably injure fish or wildlife, or their habitat, in that the site is vacant and
has been previously disturbed by anthropogenic activity, to the degree that the
site itself does not support any wildlife species.
40
Planning Commission Resolution 2001- 039
4. The design of the Tentative Parcel Map and related improvements are not likely
to cause serious public health problems, in that responsible agencies have
reviewed the project for these issues with no significant concerns identified.
Necessary infrastructure improvements for this project have been partially
installed as part of the Lake La Quinta project and surrounding area. The
health, safety and welfare of current and future residents can be assured based
on the recommended conditions, which serve to implement mitigation
measures for the project.
6. The design of, and type of improvements for, the Tentative Parcel Map 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. The map design includes
provisions for access, utility and other public easements as determined
necessary during review of the proposal.
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
Parcel Map 29889, 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 27" day of March, 2001, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins
NOES: None
ABSENT: None
ABSTAIN: None
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47
Planning Commission Resolution 2001039
STEVE ROBBINS, Chairman
City of La Quinta, California
ATTEST:
JE fi HERMA)N, Community Development Director
C' vlof La Quinta, California
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48
PLANNING COMMISSION RESOLUTION 2001-039 EXHIBIT "A"
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 29889
McDERMOTT ENTERPRISES
MARCH 27, 2001
GENERAL CONDITIONS OF APPROVAL
1. 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.
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Tentative Parcel Map and any final maps thereunder 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).
3. Prior to the issuance of any grading, construction or building permit, the
applicant shall obtain permits and/or clearances from the following public
agencies:
• Riverside County Fire Marshal
• La Quinta Public Works Department (Grading/
Improvement/Encroachment Permits)
• La Quinta Community Development Department
• Riverside County 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 is responsible for any requirements of the permits or clearances
from these agencies. 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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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27. 2001
4. Final maps under this tentative map shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of final map approval.
PROPERTY RIGHTS
5. Prior to approval of a final map, the applicant shall acquire or confer easements
and other property rights required of the tentative map or otherwise necessary
for construction or proper functioning of the proposed development. Conferred
rights shall include irrevocable offers to dedicate or grant access easements to
the City for emergency services and for maintenance, construction, and
reconstruction of essential improvements.
6. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
7. If the City Engineer determines that access rights to proposed street rights of
way shown on the tentative map are necessary prior to approval of final maps
dedicating the rights of way, the applicant shall grant the necessary rights of
way within 60 days of written request by the City.
8. The applicant shall create perimeter setbacks along public rights of way as
follows (listed setback depth is the average depth if meandering wall design is
approved):
A. Washington Street (Major Arterial) - 20 foot.
B. 471h Avenue -10 foot.
The setback requirement applies to all frontage including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall dedicate blanket easements for those purposes.
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
9. The applicant shall dedicate easements necessary for placement of and access
to utility lines and structures, drainage basins, mailbox clusters, park lands, and
common areas.
10. 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.
11. 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.
12. 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 or notarized letters of consent from the property
owners
13. The applicant shall cause no easements to be granted or recorded over any
portion of this property between the date of approval of this tentative map 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 AND PARCEL MAP(S)
14. 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 acceptable to the City Engineer. The files shall utilize standard AutoCad
menu items so they may be fully retrieved into a basic AutoCad program.
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.
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
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.
15. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers 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." Precise grading plans shall
have signature blocks for Community Development Director and the Building
Official. All other plans shall have signature blocks for the City Engineer. Plans
are not approved for construction until they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally
include irrigation improvements, landscape lighting and entry monuments.
"Precise Grading" plans shall normally include perimeter walls.
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
16. 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.
17. 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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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27. 2001
IMPROVEMENT AGREEMENT
18. Depending on the timing of development of the lots or parcels created by this
map and the status of off -site improvements at that time, the subdivider may
be required to construct improvements, to construct additional improvements
subject to reimbursement by others, to reimburse others who construct
improvements that are obligations of this map, to secure the cost of the
improvements for future construction by others, or a combination of these
methods.
In the event that any of the improvements required herein are constructed by
the City, the applicant shall, at the time of approval of a map or other
development or building permit, reimburse the City for the cost of those
improvements.
19. 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.
20. 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 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, development -wide improvements shall not be
agendized for final acceptance until the City receives confirmation from the
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
telephone authority that the applicant has met all requirements for telephone
service to lots within the development.
21. If improvements are phased with multiple final maps or other administrative
approvals (e.g., Site Development Permits), off -site improvements and common
improvements (e.g., retention basins, perimeter walls & landscaping, gates)
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 completion of
homes or occupancy of permanent buildings within the phase and subsequent
phases unless a construction phasing plan is approved by the City Engineer.
22. If the applicant fails to construct improvements or satisfy obligations in a timely
manner or as specified in an approved phasing plan or in an improvement
agreement, the City shall have the right to halt issuance of building permits or
final building inspections, withhold other approvals related to the development
of the project or call upon the surety to complete the improvements.
GRADING
23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary
geotechnical ("soils") report and an approved 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.
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.
24. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape
areas outside the right of way unless otherwise approved by the City Engineer.
25. Prior to occupation of the project site for construction purposes, the applicant
shall submit and receive approval of a Fugitive Dust Control Plan (FDCP)
prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
security, in a form acceptable to the city, in an amount sufficient to guarantee
compliance with the provisions of the permit.
26. 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.
27. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. For each
pad, the certification shall list the approved elevation, the actual elevation, the
difference between the two, if any, and pad compaction. The data shall be
organized by lot number and listed cumulatively if submitted at different times.
DRAINAGE
28. Stormwater handling shall conform with the approved hydrology and drainage
plan for Lake La Quinta. Nuisance water shall be retained on -site and disposed
of in dry wells or as approved by the City Engineer.
UTILITIES
29. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within the right of way and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electrical vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
30. Existing aerial lines within or adjacent to the proposed development and all
proposed utilities shall be installed underground. Power lines exceeding 34.5 kv
are exempt from this requirement.
31. Utilities shall be installed prior to overlying hardscape. For installation of utilities
in existing, improved streets, the applicant shall comply with trench restoration
requirements maintained or required by the City Engineer. The applicant shall
provide certified reports of trench compaction for approval of the City Engineer.
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
STREET AND TRAFFIC IMPROVEMENTS
32. The applicant shall install the following street improvements to conform with
the General Plan street type noted in parentheses. (Public street improvements
shall conform with the City's General Plan in effect at the time of construction.)
A. OFF -SITE STREETS
1. Construct deceleration lane with conforming geometric
layout at the access on Washington Street.
2. Extend 8-foot sidewalk in a meandering fashion along the
Washington Street frontage.
3. Following removal of the temporary bank facilities on the
southwest portion of the property, remove the concrete
drive approach and repair curb and sidewalk to City
standards.
4. Applicant shall participate to the extent of 25% of the cost
of a traffic signal for the intersection of Caleo Bay and 47`h
Avenue to be installed at such time as warrants are met.
Entry drives, main interior circulation routes, turn knuckles, corner cutbacks,
bus turnouts, dedicated turn lanes, and other features contained in the approved
construction plans may warrant additional street widths as determined by the
City Engineer.
33. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs, and
sidewalks. Mid -block street lighting is not required.
34. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integrate with existing improvements (e.g.,
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
35. 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.
36. Knuckle turns and corner cut -backs shall conform with Riverside County
Standard Drawings #801 and #805 respectively unless otherwise approved by
the City Engineer.
37. Streets shall have vertical curbs or other approved curb configurations which
convey water without ponding and provide lateral containment of dust and
residue for street sweeping. If a wedge or rolled curb design is approved, the
lip at the flow line shall be vertical (1/8" batter) and a minimum of 0.1' in
height. Unused curb cuts on any lot shall be restored to normal curbing prior
to final inspection of permanent building(s) on the lot.
38. Parking lot design shall conform to the requirements of LQMC Chapter 12.32.
39. 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.
40. The City will conduct final inspections of homes and other habitable buildings
only when the buildings have improved street and (if required) sidewalk access
to publicly -maintained streets. The improvements shall include required traffic
control devices, pavement markings and street name signs. If on -site streets are
initially constructed with partial pavement thickness, the applicant shall
complete the pavement prior to final inspections of the last ten percent of
homes within the tract or when directed by the City, whichever comes first.
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
41. General access points and turning movements of traffic are limited to the
following:
A. Washington Street (Major Arterial) - Right turn in, right turn out
only.
B. 47" Avenue - No turning restrictions.
C. Caleo Bay (Local Street) - No turning restrictions.
LANDSCAPING
42. The applicant shall provide landscaping in required setbacks, common lots, and
park areas.
43. Landscape and irrigation plans shall be signed and stamped by a licensed
landscape architect.
The applicant shall submit plans for approval by the Community Development
Department prior to plan checking by the Public Works Department. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and the
Riverside County Agricultural Commissioner prior to submitting for signature by
the City Engineer. Plans are not approved for construction until signed by the
City Engineer.
44. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn
or spray irrigation within 18 inches of curbs along public streets.
PUBLIC SERVICES
45. The applicant shall provide public transit improvements as required by Sunline
Transit and approved by the City Engineer.
QUALITY ASSURANCE
46. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
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Tentative Parcel Map 29889
Conditions of Approval - Adopted
March 27, 2001
47. The applicant shall employ or retain qualified civil engineers, geotechnical
engineers, surveyors, or other appropriate professionals to provide sufficient
construction supervision to be able to furnish and sign accurate record
drawings.
48. 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 methods comply with
plans, specifications and applicable regulations.
49. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all improvement plans which were signed by
the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or
"As -Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy of the drawings. The applicant shall revise the CAD
or raster -image files previously submitted to the City to reflect as -constructed
_ conditions.
MAINTENANCE
50. The applicant shall make provisions for continuous, perpetual maintenance of
all on -site improvements, perimeter landscaping, access drives, and sidewalks.
The applicant shall maintain required public improvements until expressly
released from this responsibility by the appropriate public agency.
FEES AND DEPOSITS
51. 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.
52. Prior to approval of a final map or completion of any approval process for
modification of boundaries of the property or lots subject to these conditions,
the applicant shall process a reapportionment of any bonded assessment(s)
against the property and pay the cost of the reapportionment.
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