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PCRES 2002-104PLANNING COMMISSION RESOLUTION 2002-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 30586 TO ALLOW A SUBDIVISION OF APPROXIMATELY 4.08 ACRES INTO TWO SINGLE FAMILY RESIDENTIAL LOTS AND MISCELLANEOUS GOLF COURSE LOTS CASE NO.: TENTATIVE PARCEL MAP 30586 APPLICANT: 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 development 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 30586), collectively "the Project" generally located west of Jefferson Street alignment, south of Quarry Lane, more particularly described as: A PORTION OF A.P.N. 766-050-008 WHEREAS, said 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 an Environmental Assessment was completed for this project. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Tentative Parcel Map 30586: A. The proposed map is consistent with the City of La Quinta General Plan. The project is a Low Density Residential (LDR) District per the provisions of the 2002 General Plan Update. Tentative Parcel Map 30586 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan, and mitigation measures pursuant to Environmental Assessment 2002-458. The density and design standards for the tract will comply with the Land Use Element of the General Plan. B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and the Subdivision Ordinance. All streets and improvements in the project conform to City standards P:\PC Reso & COMOctober 2002\adopted PC RESO PM 30586.wpd Planning Commission Resolution 2002-104 Tentative Parcel Map 30586 Winchester Development Adopted October 22, 2002 contained in the General Plan and Subdivision Ordinance as designed. All on - site streets will be private. Access for the single family lots will be provided from an internal loop street planned under Tentative Tract Map. C. The design of the Tentative Parcel Map or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is physically suitable for the proposed land division. Therefore, this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures will be implemented. D. The design of the Tentative Parcel Map or type of improvements, are not likely to cause serious public health problems. The design of the Tentative Parcel Map, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The design of the Tentative Parcel Map, 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. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. F. The design of the lots, or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project is conditioned as appropriate. G. The design of the lots, 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 in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly -owned improvements within the Tentative Parcel Map. H. The design of the lots and grading improvements, including the pad elevation P:\PC Reso & COA\October 2002\adopted PC RESO PM 30586.wpd Planning Commission Resolution 2002-104 Tentative Parcel Map 30586 Winchester Development Adopted October 22, 2002 differentials within the tract are an acceptable minimum in that the tract design preserves community acceptance and buyer satisfaction. WHEREAS, in the review of this Tentative Parcel Map, the Planning Commission has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; 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; 2. That it does hereby recommend approval to the City Council of Tentative Parcel Map 30586 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 the 22nd 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 RI BUTLER, Chairman City of La Quinta, California ATTEST: JER Y HER AN, Community Development Director Cit of La,. uinta, California PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 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 Tentative Tract Map, or any Final Map recorded thereunder. 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 Tentative Parcel Map, and any Parcel Map recorded 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 storm water discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside RTC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 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 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). PROPERTY RIGHTS 6. 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 P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 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. 7. The applicant shall acquire an easement across Lot G of Tract No. 27728 for access on the Parcel Map in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 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. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Parcel Map, unless such easement is approved by the City Engineer. PARCEL MAPS 11. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be f ully retrievable into a basic AutoCAD program. Where a Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final 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. The following improvement plans shall be prepared and submitted for review and approval by the City. A separated set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. 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. 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. 13. The City maintains standard plans, detail sheets and 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. 14. The applicant shall furnish a complete set of the AutoCAD files of all approved 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 -built 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 15. Prior to the approval of any Parcel Map, the applicant shall install survey monuments and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing installation of the survey monuments or shall agree to any combination thereof, as may be required by the City. P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 16. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 17. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 18. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: (1) construct certain off -site improvements, (2) construct additional off -site improvements, subject to the reimbursement of its costs by others, (3) reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map, (4) secure the costs for future improvements that are to be made by others, or (5) to agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Parcel Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 19. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed cost estimates for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed cost estimates for conditional approval of the Parcel Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 Security will not be required for telephone, natural gas, or Cable T.V. improvements. 20. Should the applicant fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. 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. 23. 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. C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. BMPs for Storm Water Pollution Prevention, erosion Control, and dust control. 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. 24. 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. P;\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 25. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations and grading shown in Specific Plan 2002- 061, unless the pad elevations have other requirements imposed elsewhere in these conditions of approval. 26. 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 2002-061, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 28. The applicant shall meet the individual -lot retention provisions of Chapter 13.24.120 (Drainage), sub -section "K.", LQMC. 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 31. 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. LOW"rL�9 32. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30666 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 35. 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. 36. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The applicant shall comply with the provisions of Section 13.24.100 (Access For Individual Properties And Development), LQMC. 38. General access to and from the Specific Plan area shall be Tom Fazio Lane South and other existing road connected to it. 39. The applicant shall extend improvements beyond the subdivision boundaries as needed +8to ensure they safely integrate with existing improvements. LANDSCAPING 40. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 41. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. [� • �Y9:%1►L�1 42. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 43. 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. 44. 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 P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. MAINTENANCE 45. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 46. 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 47. 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 permits. VOLUNTARY ADDITIONAL-ONDITIONS OF APPROVAL 48. 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. 49. 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. 50. 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. 51. 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' P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd PLANNING COMMISSION RESOLUTION 2002-104 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 30686 WINCHESTER DEVELOPMENT OCTOBER 22, 2002 51. 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. 52, 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. 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 transfer 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. 53. 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. 54. 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. 55. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. 56. 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. 57. 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. MISCELLANEOUS 58. 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. P:\PC Reso & COA\October 2002\PC COA TPM 30586.wpd