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CC Resolution 2000-033 RESOLUTION NO. 2000-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A REQUEST TO ELIMINATE EXISTING EUCALYPTUS TREES FROM BEHIND SINGLE FAMILY LOTS 38-42 AND APPROVAL TO RECONVEY A CITY LANDSCAPE EASEMENT TO THE HOMEOWNERS' ASSOCIATION FOR TRACT 27519 (REVISION//'2), LOCATED ON THE WEST SIDE OF DUNE PALMS ROAD APPROXIMATELY 100-FEET SOUTH OF DESERT STREAM DRIVE CASE NO.: TRACT 27519, REVISION #2 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council for the City of La Quinta, California, did on the 21't day of March, 2000, and 18th day of April, 2000, hold duly noticed Public Hearings to consider the request of Century-Crowell Communities to eliminate the Condition of Approval requiring retention of existing Eucalyptus trees behind single family Lots 38-42 and amendment of the Map to reconvey a landscape easement to the HOA for a 70-lot single family subdivision on 17.6 acres generally located to the west of Dune Palms Road, approximately 100-feet south of Desert Stream Drive, more particularly described as: Assessor's Parcel Number 604-061-009; Portion of SE 1/4 of the SW 1/4 of Section 20, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 22"d day of February, 2000, hold a duly noticed Public Hearing to consider the request of Century-Crowell Communities to eliminate the Condition of Approval requiring retention of the existing Eucalyptus trees behind single family Lots 38-42 and amendment of the Map to reconvey a landscape easement to the HOA for a 70-lot single family subdivision. The Commission, on a vote of 4-0, adopted Resolution 2000-11 denying the removal of the trees and approval the reconveyance of the landscape easement to the HOA, subject to findings and conditions; and, WHEREAS, the City Council for the City of La Quinta, California, did on the 5th day of January, 1999, on a 5-0 vote, adopt Resolutions 99-06 (EA) and 99-07 (TTM) approving a 70-lot single family subdivision on 17.6 acres generally located to the west of Dune Palms Road, approximately 100-feet south of Desert Stream Drive; and, Resolution No, 2000-33 Tract 27519, Revision #2 Adopted: April 18, 2000 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings for Tract 27519, Revision Finding Number I - Consistency with General Plan/Zoning Code A. The property is designated Low Density Residential (LDR) allowing residential development of 2 to 4 units per acre. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2.0) because less than four dwellings per acre are proposed (i.e., Policy 2- 1.1.5). The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. B. The RL District (Low Density Residential) permits single family housing, provided lots are 7,200 square feet or larger. Proposed lots exceed the minimum size allowed pursuant Section 9.30.030 of the Zoning Ordinance. Detached single family houses will be built as allowed. Conditions insure compliance with City Code requirements. C. Decorative open perimeter fencing shall be constructed for the development consistent with Policy 3-4.1.14 of the General Plan, including opening view fencing to lessen the effect of the walled community and its relationship with adjacent properties. Finding Number 2 - Compliance with the California Environmental Quality Act A. A Mitigated Negative Declaration of Environmental Impact was certified by the City Council on January 5, 1999, by adoption of Resolution 99-06, concluding that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 98-370). No changed circumstances or conditions exist that would trigger a new environmental assessment for this revision request. Finding Number 3 - Site and Landscape Design A. The proposed site design conforms with the design guidelines identified in the General Plan, Zoning Code and Subdivision Ordinance and provides a harmonious transition between other residential properties that abut the site. Resolution No. 2000-33 Tract 27519, Revision #2 Adopted: April 18, 2000 Page 3 B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. Existing mature landscaping along the north Tract boundary shall be retained and maintained by the HOA. C. The previously graded site is physically suitable for Tract 27519 in that the topographic relief of the project site is relatively flat and soil type is suitable for residential development. D. A common retention basin is proposed to contain on-site stormwater. The design of the subdivision, 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 proposed private streets provide direct access to each residential lot. New off-site improvements will benefit both existing and future developments in the immediate area. Finding Number 4 - Site Improvements A. New improvements required for this project will be compatible with existing improvements to the north in the Topaz development. No adverse impacts have been identified based on letters of response from affected public agencies. Infrastructure improvements will be extended to serve the project if not readily adjacent to the site. B. A stormwater basin ensures off-site properties are not impacted from seasonal storms. C. The Tract design will not conflict with existing public easements, as the project has been designed around, and in consideration of these easements. D. A Condition of Approval requiring screening along the south side of the Tract will ensure outdoor safety to future residents from stray golf balls. However, if the driving range is replaced with a residential subdivision, this condition will no longer be applicable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Resolution No. 2000-33 Tract 27519, Revision #2 Adopted: April 18, 2000 Page 4 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby deny removal of the existing Eucalyptus trees from behind single family Lots 38-42, and approves reconveyance of a landscape easement for Tract 2751 9 (Revision #2) 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 Council, held on the 18th day of April, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: None ABSTAIN: Mayor Pe~a JO~J~E~N~,,~ayor~ City of La Quinta, California ATTEST: J~'~:~R~t~ City of La Quinta, California (City Seal) Resolution No. 2000-33 Tract 27519, Revision #2 Adopted: April 18, 2000 Page 5 APPROVED AS TO FORM: DAWN C. HONEYWI~LL,~ity Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2000-33 CONDITIONS OF APPROVAL - FINAL TRACT 27519 (REVISION CENTURY-CROWELL COMMUNITIES APRIL 18, 2000 GENERAL 1. Upon City Council approval, a memorandum noting that the City Conditions of Approval for this development exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map, or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. This Map Revision shall expire within two years, unless an extension of time is applied for, and granted by the City Council. FINAL MAP(S) AND PARCEL MAP(S) 4. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the map. LANDSCAPING 5. The landscape maintenance easement on the north side of Lot "H" and over single family Lots 38-42 shall be reconveyed to the Homeowners' Association. City Council Resolution 2000-33 Tract 27519 (Revision #2) Adopted: April 18, 2000 Page 2 6. The existing mature Eucalyptus trees on the north side of the retention basin and Lots 38-42 shall be retained in good condition and not a danger to health and safety. An annual City-approved Certified Arborist Study funded by the Homeowners' Association shall determine maintenance requirements and whether any of the trees are so unsafe that they should be removed. Such a determination for removal shall require removal of the specified trees within 60 days of receipt of the Study. Prior to final map approval a landscape easement shall be established behind Lots 38-42 to maintain the existing Eucalyptus trees. The Homeowners' Association shall be required to maintain the trees in the landscape easement. 7. The applicant shall construct perimeter walls and required landscaping to enclose the entire perimeter prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer and Community Development Director. 8. Landscape berms shall be used throughout the parkway landscaping as required by Section 9.60.240(F) of the Zoning Ordinance. 9. Mature trees shall be installed along Dune Palms Road (e.g., minimum 1.75" to 2.5" diameter trunk width per tree type). Vandal proof ground mounted lighting shall be used periodically to accent the parkway trees. Shrubs shall be clustered to form distinctive design themes. 10. Front yard landscaping for future houses shall consist of a minimum of two shade trees (15 gallon with 1" diameter trunk) and 10 five-gallon shrubs. Three additional 15 gallon trees shall be required for corner lot houses. All trees shall be double staked to prevent wind damage. Trees and shrubs shall be watered with emitters or bubblers. The developer is encouraged to use plants that are native to this area and drought tolerant. 11. Landscape and irrigation improvements shall be installed prior to occupancy of the house. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition. QUALITY ASSURANCE 12. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. City Council Resolution 2000-33 Tract 27519 (Revision #2) Adopted: April 18, 2000 Page 3 13. The applicant shall employ or retain California registered civil engineers, geetechnical engineers, surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 14. 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 and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 15. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As-Built" or "As-Constructed" 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 16. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless expressly released from said responsibility by the City. FEES AND DEPOSITS 17. 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. 18. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. 19. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. The school facilities fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). City Council Resolution 2000-33 Tract 27519 (Revision #2) Adopted: April 18, 2000 Page 4 FIRE DEPARTMENT 20. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of the streets directly in line with fire hydrants. 21. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company wit the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 22. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 23. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 24. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20-feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. 25. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop with obstructing traffic on the road. 26. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. City Council Resolution 2000-33 Tract 27519 (Revision #2) Adopted: April 18, 2000 Page 5 27. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Ordering forms are available at the Fire Department. The form must be authorized and signed by the Riverside County Fire Department personnel for the correctly coded system to be purchased. 28. Operation of the Knox key switch shall simultaneously open and control the gates for both directions of travel. 29. Phased improvements shall be approved by the Fire Department. 30. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. MISCELLANEOUS 31. All agency letters received for this case are made part of the case file documents for plan checking purposes. 32. Permanent tract identification signs shall be approved by the Planning Commission (i.e., Business Item). 33. Open fencing shall be constructed along Dune Palm Road adjacent to the retention basin pursuant to General Plan Policy 3-4.1.14. In lieu of open fencing, a combination fence consisting of a low-level masonry wall with tubular steel fencing on top may be permitted, submitted to the approval by the Planning Commission. Rear yard walls constructed for Lots 1 and 2 shall be decorative (i.e., masonry block with stucco coating) and include pilasters spaced at 30-foot intervals. 34. Phase 1 building permits (Lots 31-53) may be issued to the developer prior to installation of the golf driving range screening required along the south Tract boundary. Prior to a final inspection of any home in Phase 1, the developer shall have either installed the golf screening or closed escrow on the purchase of the La Quinta Golf Ranch property thereby closing said facility.