PCRES 2003-070PLANNING COMMISSION RESOLUTION 2003-070
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
DEVELOPMENT PLANS FOR FIFTY, TWO-STORY
CONDOMINIUM UNITS ON A 5.0 ACRE SITE
CASE NOS.: CONDITIONAL USE PERMIT 2003-079
SITE DEVELOPMENT PERMIT 2003-784
APPLICANT: TOLL BROTHERS, INC.
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 91h day of September, 2003 hold a duly noticed Public
Hearing to consider a request by Toll Brothers, Inc., for approval of fifty, two-story
condominium units on a 5.0 acre site, generally located along Via Tesoro within
Mountain View Country Club, more particularly described as follows:
APN: Lot 186 of Tract Map 30357,
WHEREAS, said Conditional Use Permit and Site Development Permit
applications have complied with the requirements of "The Rules to Implement the
California Environmental Quality Act of 1970" as amended (Resolution 83-68), in
that an Environmental Impact Report was prepared and certified by the City Council
under Resolution No. 91-102 for Specific Plan 90-016. There are no changed
circumstances, conditions, or new information, which would trigger the preparation
of a subsequent environmental analysis pursuant to Public Resources Code Section
21166.
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did make the following mandatory findings pursuant to
Section 9.210.010 & 020 of the Zoning Code to approve said Site Development
Permit and Conditional Use Permit:
1. Consistency with the General Plan: The proposed project is consistent with
the goals and policies of the General Plan in that residential uses are allowed in
the Low Density Residential Land Use designation.
2. Consistency with the Zoning Code: The proposed projects are consistent with
the development standards of the Specific Plan and the Low Density
Residential Zoning District, including but not limited to, setbacks, building
heights, building mass, exterior materials, parking, circulation, open space and
landscaping.
Planning Commission Resolution 2003-070
CUP 2003-079 & SDP 2003-784
September 9, 2003
3. Compliance with the California Environmental Quality Act (CEQA): The
proposed projects are consistent with the requirements of CEQA, in that an
Environmental Impact Report was prepared and certified by the City Council
under Resolution No. 91-102 for Specific Plan 90-016. There are no changed
circumstances, conditions, or new information, which would trigger the
preparation of a subsequent environmental analysis pursuant to Public
Resources Code Section 21166.
4. Architectural Design: The architectural design of the proposed units, including
but not limited to, architectural style, scale, building mass, materials, colors,
architectural details, roof style, and other architectural elements are compatible
with surrounding developments in the immediate area in that the design is
compatible to the existing architecture of the single-family residential units.
5. Site Design: The site design of the proposed project, including but not limited
to, project entries, vehicular and pedestrian circulation, screening of
equipment, trash enclosures, and other site design elements such as scale,
mass, appearance, and amount of landscaping are compatible with surrounding
developments and the quality of design prevalent in the City in that the
proposed project is consistent with the development standards of the Specific
Plan and the City's Zoning Code.
6. Landscape Design: The landscaping plan for the proposed project, including
but not limited to, the location, type, size, and coverage of plant materials, has
been designed to provide visual relief, complement the building, screen
undesirable views and provide an overall unifying influence to enhance the
visual appearance of the project. The proposed landscaping is compatible with
the surrounding area in that the variety of trees, shrubs and ground covers are
consistent with existing landscaping which, are water efficient and provide an
aesthetically pleasing use of landscaping space.
7. Surrounding Uses: Approval of the project will not create conditions materially
detrimental to the public health, safety, and general welfare or, injurious to, or
incompatible with, other properties or land uses in the vicinity in that there are
other residential uses approved in the immediate area that are compatible with
the proposed project.
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Planning Commission Resolution 2003-070
CUP 2003-079 & SDP 2003-784
September 9, 2003
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 for the Conditional Use Permit and Site Development
Permit;
2. That it does hereby approve Conditional Use Permit 2003-079 and Site
Development Permit 2003-784 for the reasons set forth in this Resolution, and
subject to the Conditions of Approval attached hereto;
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 91" day of September, 2003, by the
following vote, to wit:
AYES: Commissioners Quill, Tyler, and Chairman Kirk
NOES: None
ABSENT: Commissioners Abels and Daniels
ABSTAIN: None
TW KIRK, Chairman
City of La Quinta, California
ATTEST:
1Y MERMAN, Community Development Director
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
GENERAL
1 . The use of this site shall be in conformance with the approved exhibits contained
in Conditional Use Permit 2003-079 and Site Development Permit 2003-784,
unless otherwise amended by the following conditions.
2. All public agency letters received for this case are made part of the case file
documents for plan checking processes.
3. The approved Conditional Use Permit and Site Development Permit shall be
inaugurated or commenced within two years of approval, otherwise, they shall
become null and void and of no effect whatsoever.
4. The applicant 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 Site
Development Permit. The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
5. Prior to the issuance of a 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)
• SunLine Transit Agency
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
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PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
6. 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 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.
7. 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
8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights 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.
9. The applicant shall dedicate or grant public and private street right of way and
utility easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
10. Right of way dedications required of this development include:
A. PRIVATE STREETS
1) Via Tesoro — Private residential street: 28-foot roadway travel width
measured from gutter flow line to gutter flow line with on -street
parking prohibited except for parallel parking bays as shown on the
approved site plan provided there is adequate off-street parking for
residents and visitors and the applicant makes provisions for
perpetual enforcement of the No Parking restrictions.
1 1 . The applicant shall dedicate ten -foot public utility easements contiguous with and
along both sides of all private streets. The easements may be reduced to five feet
with the express concurrence of IID.
12. 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.
P:\Martin\PC COA CUP 03 079 & SDP 03 784.doc
PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
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.
13. "Site Development Plans" shall normally include all surface improvements,
including but not limited to: parking lot improvements, finish grades, curbs &
gutters, ADA requirements, retaining and perimeter walls, etc.
Site Development Plan: 1 " = 30' Horizontal
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
14. 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.
15. 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.
IMPROVEMENT AGREEMENT
16. In the event that any of the improvements required herein are constructed by the
City, the applicant shall, at the time of approval of the development or building
permit, reimburse the City for the cost of those improvements.
PAMartin\PC COA CUP 03 079 & SDP 03 784.doc
PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
GRADING
17. Prior to occupation of the project site for construction purposes, the applicant
shall submit and receive approval of a Fugitive Dust Control Plan prepared in
accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a
form acceptable to the City, in an amount sufficient to guarantee compliance with
the provisions of the permit.
18. The applicant shall 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.
19. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. The
certification shall list the approved elevation, the actual elevation, the difference
between the two, if any, and pad compaction.
DRAINAGE
20. Stormwater handling shall conform with the approved hydrology and drainage plan
for Tentative Tract 30357. Nuisance water shall be retained on site and disposed
of in a manner acceptable to the City Engineer. In residential developments,
nuisance water shall be disposed of in a trickling sand filter and leach field or
equivalent system approved by the City Engineer. The sand filter and leach field
shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape
area, and infiltrate 5 gpd/1,000 sq. ft.
UTILITIES
21. 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.
22. 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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PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
STREET AND TRAFFIC IMPROVEMENTS
23. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For
Individual Properties And Development), LQMC; and Section 13.24.080 (Street
Design - Private Streets), where private streets are proposed.
24. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding, and provide lateral containment of dust and
residue during street sweeping operations. If a wedge or rolled curb design is
approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a
minimum height of 0.1'. Unused curb cuts on any lot shall be restored to
standard curb height prior to final inspection of permanent building(s) on the lot.
25. The applicant shall construct the following street improvements to conform with
the General Plan:
A. PRIVATE STREETS
11 Via Tesoro — The applicant shall incorporate traffic calming
techniques for the portion of Via Tesoro passing through the site plan
area as approved by the City Engineer. As a minimum, the applicant
shall reduce the travel way width to a 28-foot roadway travel width
measured gutter flow -line to gutter flow -line with on -street parking
prohibited except for parallel parking bays as shown on the approved
site plan provided there is adequate off-street parking for residents
and visitors and the applicant makes provisions for perpetual
enforcement of the No Parking restrictions.
2) Circle — The traffic circle located mid parcel shall be have a minimum
20 feet of travel width improvements.
26. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking).
Parking stalls having direct access to Via Tesoro shall be designed so vehicles do
not back into the street.
27. 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
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PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-7841TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
results confirming that design gradations can
The applicant shall not schedule construction
approved.
LANDSCAPING
be achieved in current production.
operations until mix designs are
28. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
29. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
The landscape and irrigation plans shall be approved by the Coachella Valley
Water District and Riverside County Agricultural Commissioner prior to submittal
of the final plans to the Community Development Department, pursuant to
Chapter 8.13 of the Municipal Code. Plans are not approved for construction until
signed by the City Engineer. Specific landscape requirements for the project are:
A. To encourage water conservation, no more than 50% of the front yard
areas shall be devoted to turf. Front and rear yard landscaping shall consist
of trees with a minimum of a 1.5 inch caliper measured three feet up from
grade level after planting, 5-gallon shrubs, and ground cover. Palm trees
may count as a shade tree if the trunk ins minimum six feet tall. Double
lodge poles (two inches in diameter) shall be used to stake trees.
30. 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.
QUALITY ASSURANCE
31. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
32. 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.
P:\Martin\PC COA CUP 03 079 & SDP 03 784.doc
PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
33. 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.
34. 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
35. 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
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. 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).
COACHELLA VALLEY WATER DISTRICT
38. The site shall be annexed to Improvement District Nos. 55 and 82 of the district
for sanitation service.
39. Grading, landscaping and irrigation plans shall be submitted to the Coachella
Valley Water District for review to ensure efficient water management techniques.
40. Appropriate fees shall be paid to the Coachella Valley Water District in accordance
with their current regulations for service to the site.
P:\Martin\PC COA CUP 03 079 & SDP 03 784.doc
PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-784/TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
RIVERSIDE COUNTY FIRE DEPARTMENT
41. Approved super fire hydrants, shall be spaced every 330 feet along the roadways
and at each intersection and additional fire hydrants shall also be located not less
than 25 feet nor more than 165 feet from any portion of the buildings as
measured along vehicular travel ways.
42. Blue dot reflectors shall be placed in the street 8 inches from centerline to the
side that the fire hydrant is on, to identify fire hydrant locations.
43. Fire Department connections (if any) shall be not less than 25 feet nor more than
50 feet from a fire hydrant and shall be located on the street side of the buildings.
On 13R systems the FDC may be permitted to be mounted on the building,
contact the Fire Department at (760) 863-8886 for information.
44. Building plans shall be submitted to the Fire Department for plan review to run
concurrent with the City plan check.
45. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be
submitted to the Fire Department for approval prior to issuance of a building
permit.
46. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully
sprinkled, NFPA 13 Standard. Sprinkler plans (if required) will need to be
submitted to the Fire Department for approval.
47. The required water system, including fire hydrants, shall be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot.
48. Fire Department street access shall come to within 150 feet of all portions of the
is'. floor of all buildings, by path of exterior travel.
49. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6"
clear and unobstructed.
50. An illuminated diagrammatic board, not less than 4 feet by 4 feet shall be
provided at the entrance showing the location of the buildings, fire hydrants and
roadways.
P:\Martin\PC COA CUP 03 079 & SDP 03 784.doc
PLANNING COMMISSION RESOLUTION 2003-070
CUP 03-079 & SDP 03-7841TOLL BROTHERS, INC.
CONDITIONS OF APPROVAL — FINAL
SEPTEMBER 9, 2003
51. Install portable fire extinguishers as required by the California Fire Code.
DESERT SANDS. UNIFIED SCHOOL DISTRICT
52. The applicant will be required to pay a school mitigation fee at the time a building
permit is issued.
MITIGATION MONITORING
53. The applicant shall comply with the mitigation measures within Environmental
Assessment 2001-437 for Tract 30357.
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