PCRES 2002-102PLANNING COMMISSION RESOLUTION 2002-102
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2002-
061, DESIGN GUIDELINES AND DEVELOPMENT
STANDARDS FOR A 4.06 ACRE PARCEL LOCATED
WITHIN THE HILLSIDE CONSERVATION DISTRICT
CASE NO. SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 22nd day of October, 2002, hold a duly -noticed Public Hearing to consider
a request of Winchester Development to allow two residential lots to be developed on
4.06 acres located within the Hillside Conservation Overlay District by means of a
Specific Plan (SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel
Map (TPM ), collectively "the Project" generally located west of Jefferson Street
alignment, south of Quarry Lane, more particularly described as:
A PORTION OF APN: 766-050-008
WHEREAS, said Specific Plan has complied with the requirements of
the California Environmental Quality Act of 1970 (as amended), pursuant to the
adoption of Resolution 83-68 by the City Council, in that the Community Development
Director has conducted an Initial Study (EA2002-458), and determined that the
Specific Plan will not have a significant adverse impact on the environment and a
Mitigated Negative Declaration of environmental impact is recommended; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings to justify a
recommendation for approval of said Specific Plan:
That the proposed Specific Plan is consistent with the goals and policies of the
La Quinta General Plan in that the property is designated Low Density
Residential which permits the uses proposed for the property.
2. That the Specific Plan is compatible with the existing and anticipated area
development in that the project, as conditioned, provides adequate circulation.
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Planning Commission Resolution 2002-102
Specific Plan 2002-061
Winchester Development
Adopted October 22, 2002
3. That the proposed Specific Plan will not create conditions materially detrimental
to the public health, safety, and welfare in that the resulting project will require
Planning Commission review and approval of development plans under a Site
Development Permit, which will ensure adequate Conditions of Approval.
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 Commission in this case;
2. That it does hereby recommend approval of the above -described Specific Plan
request for the reasons set forth in this Resolution, subject to the conditions of
approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 22od day of October, 2002, by the following
vote, to wit:
AYES: Commissioners Abels, Robbins, and Chairman Butler
NOES: Commissioners Kirk, Tyler
ABSENT: None
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
iY HE)RMAN, Community Development
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Specific Plan, or any other
application pertaining thereto. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Specific Plan, and any Parcel Map submitted thereunder, shall comply with the
requirements and standards of Government Code § § 66410 through 66499.58 (the
"Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC")•
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-quinta.org.
3. Prior to the issuance of any grading, construction, or building permit by the City, the
applicant shall obtain the necessary clearances and/or permits from the following
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)
• SunLine Transit Agency
The applicant is responsible for all requirements of the permits and/or clearances from
the above listed agencies. When the requirements include approval of improvement
plans, the applicant shall furnish proof of such approvals when submitting those
improvements plans for City approval.
4. The applicant shall comply with applicable provisions of the City's NPDES stormwater
discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
Controls), and 13.24.170 (Clean Air/Clean Water, LQMC; Riverside County Ordinance
No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ .
A. For construction activities including clearing, grading or excavation of land that
disturbs less than five (5) acres of land, but which is a part of a construction
project that encompasses more than five (5) acres of land, the Permitee shall
be required to submit a Storm Water Pollution Protection Plan ("SWPPP").
B. The applicant's SWPPP shall be approved by the City Engineer prior to any on
or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for inspection
at the project site at all times through and including acceptance of all
improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
11 Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading, pursuant
to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire duration
of project construction until all improvements are completed and accepted by
the City.
5. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
PROPERTY RIGHTS
6. The applicant shall acquire an easement across Lot G of Tract No. 27728 for access
to the Specific Plan area in conformance with the City's Genral Plan, Municipal Code,
required by the City Engineer.
7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and
other property rights necessary for the 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.
8. The applicant shall offer for dedication those easements necessary for the placement
of, and access to, utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas on the Parcel Map.
9. The applicant shall furnish proof of easements, or written permission, as appropriate,
from those owners of all abutting properties on which grading, retaining wall
construction, permanent slopes, or other encroachments will occur.
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.
10. The following improvement plans shall be prepared and submitted for review and
approval by the City. A separate set of plans for each line item specified below
shall be prepared. The plans shall utilize the scale specified, unless otherwise
authorized by the City Engineer in writing. Note, the applicant may be required to
prepare other improvement plans not listed here pursuant to improvements required
by other agencies and utility purveyors.
A. On -Site Rough Grading Plan: 1 " = 40' Horizontal
B. On -Site Precise Grading Plan: 1 " = 30' Horizontal
— Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
The applicant may be required to prepare other improvement plans required by other
agencies and utility purveyors.
"Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top
Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover,
or sufficient cover to clear any adjacent obstructions.
11. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction. For a fee, established by City Resolution, the applicant
may purchase such standard plans, detail sheets and/or construction notes from the
City.
12. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable through
a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order to
reflect the as-bui-IS conditions.
Where the improvement plans were not produced in a standard AutoCAD format, or
a file format that can be converted to an AutoCAD format, the City Engineer will
accept raster -image files of the plans.
IMPROVEMENT SECURITY AGREEMENTS
13. Prior to the approval of any Parcel Map pertaining to this Specific Plan, applicant shall
satisfy its obligations for same, or shall furnish a fully secured and executed
Subdivision Improvement Agreement ("SIA") guaranteeing the satisfaction of its
obligations for same, or shall agree to any combination thereof, as may be required
by the City.
GRADING
14. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
15. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
16. To obtain an approved grading permit, the applicant shall submit and obtain approval
of all of the following:
A. A grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
and
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC.
D. SWPPP and BMPs
All grading shall conform to the recommendations contained in the Preliminary Soils
Report, and shall be certified as being adequate by a soils engineer, or by an
engineering geologist.
A statement shall appear on the Parcel Map that a soils report has been prepared in
accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust Control
Plan provisions as submitted with its application for a grading permit.
17. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
18. Building pad elevations on the rough grading plan submitted for City Engineer's
approval shall conform with pad elevations shown in the Specific Plan, unless the pad
elevations have other requirements imposed elsewhere in these Conditions of
Approval.
19. Prior to any site grading or regrading that will raise or lower any portion of the site
by more than plus or minus three tenths of a foot from the elevations shown in the
approved Specific Plan, the applicant shall submit the proposed grading changes to
the City Staff for a substantial conformance finding review.
DRAINAGE
20. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
21. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
22. Storm water handling shall conform with the approved hydrology and drainage report
prepared for original Quarry. Nuisance water shall be disposed of in an approved
manner.
UTILITIES
23. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
24. 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, electric vaults, water valves, and telephone
stands, to ensure optimum placement for practical and aesthetic purposes.
25. Underground 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 all utility trench compaction for
approval by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
26. The applicant shall comply with the provisions of 13.24.100 (Access For Individual
Properties And Development), LQMC.
27. General access to and from the Specific Plan area shall be Tom Fazio Lane South and
other existing roads connected to it.
28. The applicant shall extend improvements beyond the subdivision boundaries as
needed to ensure they safely integrate with existing improvements.
LANDSCAPING
29. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC)
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_ PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
30. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas.
QUALITY ASSURANCE
31. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
32. The applicant shall employ, or retain, qualified engineers, surveyors, and such other
appropriate professionals as are required to provide the expertise with which to
prepare and sign accurate record drawings, and to provide adequate construction
supervision.
33. The applicant shall arrange for, and bear the cost of, all measurements, sampling and
testing procedures not included in the City's inspection program, but which may be
required by the City, as evidence that the construction materials and methods
employed comply with the plans, specifications and other applicable regulations.
MAINTENANCE
34. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance),
LQMC.)
35. The applicant shall make provisions for the continuous and perpetual maintenance of
all private on -site improvements, perimeter landscaping, access drives, and
sidewalks.
FEES AND DEPOSITS
36. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City for
plan checking and construction inspection. Deposits and fee amounts shall be those
in effect when the applicant makes application for plan check and permit.
MISCELLANEOUS
— 37. The applicant shall comply with all provisions of the Hillside Conservation District
(9.140.040) except subsections C, J1, 2, and 3, L, and M.
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PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
38. The applicant shall include all of Lot "I", a remainder lot within Tentative Tract 30651
within the Specific Plan (SP 2002-061). The applicant shall be limited to
development of two residential lots within Lot "I" with the remaining acres restricted
to be developed as Golf Course/Open Space.
39. The residential units within the Specific Plan shall be one story and a maximum of
22 feet in height.
40. Prior to issuance of a Site Development Permit, the final Conditions of Approval shall
be incorporated in the Final Specific Plan document. Applicant shall work with staff
to correct internal document inconsistencies prior to final publication of five copies
of the Specific Plan document.
VOLUNTARY ADDITIONAL CONDITIONS OF APPROVAL
41. The existing streambed located directly est of the project will not be altered in any
way without prior consent of the Department of Fish and Game, the Fish and Wildlife
Service, and the City of La Quinta.
42. The applicant will provide to the City of La Quinta or its designee 8 acres (2:1 Ratio)
of mitigation property in Martinez Canyon or an alternate agreed upon location or a
maximum of $4,000 related to possible loss of potential bighorn habitat. Payment
shall be made in the form of a security bond as approved by California Department
of Fish and Game and be made prior to grading.
43. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and
fertilizers used during the construction and operation of the Project Site will not be
harmful to wildlife.
44. A construction plan shall be prepared and demonstrate, to the extent practicable,
construction activities that emit excessive noise will be avoided adjacent to the
hillside. In addition, during grading and construction activities any blasting or
pile -driving near the hillside will not occur during the period from Jan. 1 through June
30t".
45. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic
plants such as tamarisk and fountain grass are prohibited. Existing trees may remain.
46. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional
equivalent) between the development and the hillside, if any, shall be constructed.
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_ PLANNING COMMISSION RESOLUTION 2002-102
CONDITIONS OF APPROVAL - ADOPTED
SPECIFIC PLAN 2002-061
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the
developer shall construct temporary fencing while permanent fencing is constructed.
The fence shall not contain gaps in which bighorn sheep can be entangled. If the
developer transfers or disposes of any of the property adjacent to the hillside, the
developer shall reserve an easement sufficient for the construction of fencing if
needed in the future.
47. Dogs shall not be permitted to be loose within the project area, and shall be kept
away from the hillside areas through appropriate signage and fencing, where
applicable.
48. Access into the hillside area from the site will be discouraged through the use of
signs or barricades, if necessary, unless the access is provided as part of a trail
system that is approved by the USFWS and CDFG.
49. The final design of the project shall insure that road and driveways are designed to
minimize headlight shine from vehicles onto the hillside.
50. In all areas adjacent to the hillsides, non -glare glass shall be used in new
construction. Exterior building lights shall not shine on the hillside. Exterior lighting
shall be kept at the safest possible minimum intensity and aimed away from the
hillside.
51. The developer shall obtain a Stream Bed Alteration Agreement with the Department
of Fish and Game prior to grading if required under the California Fish and Game
Code.
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