PCRES 2006-005PLANNING COMMISSION RESOLUTION 2006-005
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBDIVISION OF A 13,238 SQUARE FOOT LOT
INTO THREE PARCELS
CASE NO.: TENTATIVE PARCEL MAP 33954
F. H. LABRANCHE, JR.
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 24`h day of January, 2006, hold a duly noticed Public Hearing
to consider the request of F. H. LaBranche, for the subdivision of a 13,238 square
foot lot into three parcels, located on the north side of Calle Amigo, one lot east of
Avenida Bermudas, more particularly described as:
ASSESSOR'S PARCEL NUMBER 770-182-004
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 the Community Development
Department has determined that the proposed Village Use Permit is exempt from
CEQA review under Guidelines Section 15332 (Infill Development); and,
WHEREAS, the Community Development Department published the
public hearing notice in the Desert Sun newspaper on January 13, 2006, as
prescribed by the Municipal Code. Public hearing notices were also mailed to all
property owners within 500 feet of the site; 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
approving Tentative Parcel Map 33954:
1. The Tentative Parcel Map with its improvements and design, is consistent
with the General Plan in that its street design and parcels are in conformance
with applicable goals, policies, and will provide adequate infrastructure and
public utilities.
2. The design of the parcel map and its proposed improvements are not likely to
create environmental damage or substantially and avoidably injure wildlife or
their habitat because the site does not contain significant biological
resources.
3. The design of the subdivision and subsequent improvements are not likely to
cause serious public health problems because the construction of three
live/work units at this location will not have considerable cumulative
Planning Commission Resolution 2006-005
Tentative Parcel Map 33954
F. H. LaBranche
January 24, 2006
impacts. The project is consistent with the General Plan, and the potential
impacts associated with General Plan buildout.
4. The design of the parcel map and the proposed types of improvements will
not conflict with easements acquired by the public at large, for access
through or use of the property within the subdivision in that none presently
exist and access is provided within the project and to adjacent public streets.
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 the Planning Commission does hereby approve Tentative Parcel Map
33954, subject to the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 241h day of January, 2006, by the
following vote, to wit:
AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: None
ABSTAIN: None
TV KIPK, Chairman
Ci y of/La Quinta, California
ATTEST:
DOUGLAS .EVANS
Community Development Director
City of La Quinta, California
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_ PLANNING COMMISSION RESOLUTION 2006-005
CONDITIONS OF APPROVAL - APPROVED
TENTATIVE PARCEL MAP 33954 - F. H. LABRANCHE, JR.
ADOPTED: JANUARY 24, 2006
GENERAL
1. 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 Village Use
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.
2. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, 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
• SCAQMD Coachella Valley
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, applicant shall furnish proof of such approvals when
submitting the improvement plans for City approval.
3. 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.
PROPERTY RIGHTS
4. Prior to the issuance of any permit(s), the applicant shall acquire, or confer,
those easements, and other property rights necessary for the construction
and/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 the maintenance, construction and reconstruction
of essential improvements.
Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
5. The applicant shall offer for dedication on the Final Map all public street right-of-
ways in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
6. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Calle Amigo (Local Street, 50' ROW) — No additional. right of way
is required.
7. 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 shown on the Village Use
Permit.
8. 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.
9. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of this Village Use
Permit and the date of final acceptance of the on -site and off -site improvements
for this Village Use Permit, unless such easement is approved by the City
Engineer.
10. The applicant shall have prospective buyers of Parcels 1 through 3 of Tentative
Parcel Map No. 33954 enter into reciprocal access and maintenance agreements
to shared handicap parking stalls. Said access easements shall be shown on the
recorded Final Parcel Map.
FINAL MAPS
11. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
AutoCAD files of the Final 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 fully retrievable into a basic AutoCAD
program.
K
Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
Where a Final 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. The Final Map shall be of a 1 " = 40' scale.
12. Prior to the City's approval of a Final Map, the applicant shall provide a
covenant restricting the sale or transfer of the three parcels until conditions of
occupancy have been issued for the live/work units. Said covenant shall be
reviewed and approved by the Community Development Department. Upon
approval, said covenant shall be recorded with the 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.
13. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
14. 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 minimum scale specified,
unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired. 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 Precise Grading Plan 1 " = 20' 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.
On -Site Precise Grading Plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs &
gutters, sidewalks, building floor elevations, parking lot improvements and ADA
requirements for the parking lot and access to the building; and showing the
existing street improvements out to at least the center lines of adjacent existing
streets_ including ADA accessibility route to surrounding buildings, parking
facilities and public streets.
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Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
15. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the Online Engineering
Library at the City website (www.la-quinta.org). Navigate to the Public Works
Department home page and look for the Online Engineering Library hyperlink.
16. The applicant shall furnish a complete set of the AutoCAD files of all complete,
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 -built conditions.
Where the improvement plans were not produced in a standard AutoCAD format
or a file format which can be converted to an AutoCAD format, the City
Engineer will accept raster -image files of the plans.
GRADING
17. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a precise grading permit approved by the City
Engineer.
18. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A precise 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.
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.
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 submitted with its application for a grading permit.
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Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
19. 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.
20. 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.
21. The driveway approach high point shall be a minimum of 9 inches above the
gutter flow line per the Engineering Department requirements.
DRAINAGE
21. Nuisance water shall be retained on site and disposed of in an underground
drainage system to a drywell system as approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
22. 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 for public streets; and
Section 13.24.080 (Street Design - Private Streets), where private streets are
proposed.
23. No additional street improvements is required, except for:
A. Calle Amigo
11 Construct a 6-foot wide sidewalk adjacent to curb along the Calle
Amigo boundary. The sidewalk design shall be approved by the
Public Works Department and Community Development
Department. The sidewalk shall be constructed prior to occupancy
of the first unit.
The applicant shall advise the prospective owners of its continuing obligation to
maintain the sidewalk located in the public right of way adjacent to its property
in a good state of repair pursuant to Streets & Highways Code Section 5610.
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Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
24. The applicant shall design parking spaces fronting the proposed development to
incorporate pavement material of a tumbled cobble stone design that are traffic
bearing.
25. Improvements shall be designed and constructed in accordance with City
adopted standards.
UTILITIES
26. 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, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
27. 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.
28. The applicant shall design and construct water and sewer improvements within
the Calle Amigo right of way as required by CVWD to provide service to the
property. The applicant shall contact CVWD regarding said requirements and
submit water and sewer improvement plans for their approval.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer.
LANDSCAPING
29. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
30. The applicant shall provide landscaping in the required setbacks and common
lots and parkway areas.
31. Landscape and irrigation plans for landscaped lots and setbacks shall be signed
and stamped by a licensed landscape architect.
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Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
32. The applicant shall submit the landscape plans for approval to plan checking by
the Public Works Department. When plan checking has been completed by the
Public Works Department, the applicant shall obtain the signatures of CVWD
and the Riverside County Agricultural Commissioner, prior to submittal for
signature by the City Engineer.
NOTE: Plans are not approved for construction until signed by the City Engineer.
33. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn areas shall be minimized with
no lawn, or spray irrigation, being placed within 18 inches of curbs along public
streets.
QUALITY ASSURANCE
34. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
35. The applicant shall employ, or retain, qualified engineers, surveyors, and such of
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.
36. 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.
37. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by
the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or
"As -Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant
shall have all AutoCAD or raster -image files previously submitted to the City,
revised to reflect the as -built conditions.
FEES AND DEPOSITS
38. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time of issuance of building
permit(s).
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Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
39. Prior to 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 such reapportionment.
40. Tentative Tract 33954 shall provide for parks through payment of an in -lieu fee,
as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair
market value of the land within the subdivision. Land value information shall be
provided to the Community Development Director, via land sale information, a
current fair market value of land appraisal, or other information on land value
within the subdivision. The Community Development Director may consider any
subdivider -provided or other land value information source for use in calculation
of the parkland fee.
COMMUNITY DEVELOPMENT DEPARTMENT
41. Six foot high decorative block walls shall be provided on the northern property
line, as well as on the east and west property line, from the northern site
boundary to the courtyard gates.
42. Six foot block walls shall be provided between each of the units in the side yard
area.
43. Prior to issuance of building permits, the applicant shall submit to the
Community Development Director, for review and approval, landscaping plans
for the rear yards which provides for a minimum of one shade tree, a planter
area and groundcover.
44. The Architecture and Landscape Review Committee's recommendations for the
following shall be maintained in the building plans to the same level as shown in
the plans submitted for the Village Use Permit:
a. Exterior hand trowelled stucco finish
b. Wall cap detailing that can be cobblestone.
C. Window surround and doorway surround detailing.
d. Mullions for windows and doors
e. Bottle trees eliminated from the plant list and alternative trees shall be
proposed.
f. Tumbled cobble stone for the driveway.
g. Mudded Spanish clay tile roof
E-1
Planning Commission Resolution 2006-005
Conditions of Approval - APPROVED
Tentative Parcel Map 33954
F. H. LaBranche, Jr.
Adopted: January 24, 2006
45. A Homeowners' Association (HOA) shall be established, to the satisfaction of
the City Attorney, to assure long term maintenance of the parking area,
perimeter wall, and front landscaping. The HOA shall be in place prior to the
occupancy of any unit within the project.
46. Due to the limited number of on -site parking stalls and size of office space, each
office shall be limited to not more than two employees on -site at any given
time.
47. The CCR's shall have a disclosure statement regarding the location of the
project adjacent to commercial development. Said disclosure shall inform
prospective buyers about the noise, traffic, and other activities which may occur
in this area.
OTHER AGENCY CONDITIONS
48. The project shall be annexed to Coachella Valley Water District Improvement
District Numbers 55 and 82 for sanitation.
49. Plans for grading and landscaping shall be submitted to the Coachella Valley
Water District for review.
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