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PC Resolution 2016-006PLANNING COMMISSION RESOLUTION 2016-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, SUSTAINING THE DIRECTOR DECISION FOR THE APPROVAL OF A REQUEST TO SUBDIVIDE EXISTING 19,943 SQUARE FOOT LOT INTO 2 LOTS OF 10,000 AND 9,943 SQUARE FEET EACH, AND MINOR ADJUSTMENT TO ALLOW A REDUCTION IN LOT SIZE OF 57 SQUARE FEET SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA CASE NUMBERS: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 APPLICANT: GEORGE BUSHALA WHEREAS, the Design and Development Director of the City of La Quinta, California did, on the 17th day of February, 2016, hold a duly noticed Public Hearing and approved a request by Mr. Rick Morris, for the proposed subdivision of a 19,943 square foot site into 2 lots, Tentative Parcel Map 36964, more particularly described as: APN: 770-145-001 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22nd day of March, 2016, hold a duly noticed Public Hearing to consider an appeal by Mr. George Bushala for Tentative Parcel Map 36964. WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on March 11, 2016 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 desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Minor Adjustment 2016-0001: 1. Consistency with General Plan The project is consistent with the General plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot Planning Commission Resolution 2016-006 Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: George Bushala Adopted: March 22, 2016 Page 2 of 4 of 10,000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with California Environmental Quality Act (CEQA) Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. Surrounding Uses Approval of the application 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. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. 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 9.210.020 of the Municipal Code to justify approval of said Tentative Parcel Map 2015-009: 1. Consistency with General Plan The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single-family homes in an existing single-family home neig hborhood. 2. Consistency of Design of Proposed Subdivision with General Plan and Zoning Code The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Planning Commission Resolution 2016-006 Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: George Bushala Adopted: March 22, 2016 Page 3 of 4 Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. 3, Compliance with California Environmental Quality Act (CEQA) The design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. 5. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single- family home lots in this neighborhood. 6. As conditioned, the proposed tentative parcel map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed 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: Planning Commission Resolution 2016-006 Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: George Bushala Adopted: March 22, 2016 Page 4 of 4 SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development) of the CEQA Guidelines. SECTION 3. That it does hereby sustain the Director's decision approving Minor Adjustment 2016-0001, for the reasons set forth in this Resolution. SECTION 4. That it does hereby sustain the Director's decision approving Tentative Parcel Map 2015-0009, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 22nd day of March, 2016, by the following vote: AYES: Commissioners Bettencourt, Fitzpatrick, Wright and Chairperson Wilkinson NOES: None ABSENT: Commissioner Blum ABSTAIN: None ROBERT ILKINSON, Chairperson City of La Quinta, California ATTEST: 1 GABRIEL PE F Z, la ping Manager City of La Quinta, C.lifornia FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 1 of 7 FINDINGS, MINOR ADJUSTMENT 2016-0001 1. Consistency with General Plan. The project is consistent with the general plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code. The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot of 10, 000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA under Section 15315, Class 15, Minor Land Division. 4. Surrounding Uses. Approval of the application 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. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. FINDINGS, TENTATIVE PARCEL MAP 2015-0009 1. The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single family homes in an existing single family home neighborhood. 2. The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 2 of 7 3. The design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Class 15 (Minor Land Divisions). 4. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. 5. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single family home lots in this neighborhood. 6. As conditioned, the proposed tentative parcel map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. CONDITIONS OF APPROVAL 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 Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 3of7 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 Final 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 any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 4. Developer shall reimburse the City, within thirty (30) days of presentment of the FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 4 of 7 invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 5. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 6. 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 Final Map, unless such easement is approved by the City Engineer. MAPS 7. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. 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. 8. 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 LQMC Section 13.24.040 (Improvement Plans). 9. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 5 of 7 Engineer. Improvement plans shall be stamped and signed by engineers and other professionals registered in California. 10. The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 Residential Precise Grading Plan1" = 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. 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 which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 12. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). GRADING 13. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 14. Prior to occupancy of the project site for any construction, the applicant shall obtain a grading or building permit. 15. All grading shall conform with the recommendations contained in the Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist FINDINGS AND CONDITIONS OF APPROVAL- FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 6of7 registered in the State of California. 16. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 17. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 18. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 19. 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 with applicable compaction tests and over excavation documentation. 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 20. The applicant shall comply with applicable provisions for best management practices (BMPs) per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. UTILITIES 21. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). FINDINGS AND CONDITIONS OF APPROVAL— FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 GEORGE BUSHALA ADOPTED: MARCH 22, 2016 Page 7of7 22. 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, or as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. MAINTENANCE 23. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 24. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb. FEES AND DEPOSITS 25. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). 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. 26. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s).