CC Resolution 1989-097^ : CITY COUNCIL RESOLUTION NO. 89-97
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA GRANTING
CONCURRENCE WITH ENVIRONMENTAL
ASSESSMENT NO. 88-099 AND APPROVAL OF
TENTATIVE TRACT NO. 23995 TO ALLOW THE
CREATION OF A COMMERCIAL AND
RESIDENTIAL SUBDIVISION ON A 132.5-ACRE
SITE
CASE NO. TT 23995 A.G. SPANOS CONSTRUCTION, INC.
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 27th day of June, 1989, hold a
duly-noticed Public Hearing to consider the request of A.G.
Spanos Construction! Inc. to *ubdivid* 132.5 acres into
commercial lot, three high density residential lots, and 300
single-family development lots, generally located between
Washington Street, Miles Avenue, Adams Street and the Coachella
Valley Water District Wash, La Quinta, excluding the small
triangular area just north of the Wash and just south of the
east/west Avenue 46 alignment Westward Ho Drive), more
particularly described as:
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN; and,
WHEREAS, the City Council of the City of La Quinta,
California, upon receiving the report and recommendation of the
Planning Commission, did fix the date for Public Hearing to
consider said amendment; and,
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 5th day of July, 1989, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning
Tentative Tract No. 23995.
WHEREAS, the City Council continued the July 5, 1989
hearing to September 6, 1989, to again consider the
reommendation of the Planning Commission.
WHEREAS, said Tentative Map has complied with the
requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director has
conducted an initial study and has determined that the proposed
tentative tract will not have a significant adverse impact on
the environment; and,
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^ : Whereas, mitigation of various physical impacts have
been identified and incorporated into the approval conditions
for Tentative Tract 23995, thereby requiring that monitoring of
those mitigation measures be undertaken to assure compliance
with them; 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 City Council did
find the following facts and reasons to justify the
recommendation for approval of said Tentative Tract Map:
1. That Tentative Tract No. 23995, as conditionally
approved, is generally consistent with the goals,
policies, and intent of the La Quinta General Plan
for land use density, unit type, circulation
requirements, C-P, R-3, and R-l zoning district
development standards, and design requirement* of
the Subdivision Ordinance.
2. That the subject site has a rolling topography
because of the sand dunes, with the overall slope
going from the north to the south of the property.
The proposed circulation design and lot layouts, as
conditioned, are, therefore, suitable for the
proposed land division.
3. That the design of Tentative Tract Map No. 23995
may cause substantial environmental damage or
injury to the wildlife habitat of the Coachella
Valley Fringe-Toed Lizard, but mitigation measures
in the form of fees for a new habitat area will
lessen this impact.
4. That the design of the subdivision, as
conditionally approved, will be developed with
public sewers and water, and, therefore, is not
likely to cause serious public health problems.
5. That the design of Tentative Tract Map No. 23995
will not conflict with easements acquired by the
public at large for access through the project,
since alternate easements for access and for use
have been provided that are substantially
equivalent to those Previously acquired by the
public.
6. That the proposed Tentative Tract No. 23995, as
conditioned, provides for adequate maintenance of
the landscape buffer areas.
7. That the proposed Tentative Tract No. 23995, as
conditioned, provides storm water retention, park
facilities, and noise mitigation.
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^ : B. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunction with the La Quinta General Plan.
WHEREAS, in the review of tbis Tentative Tract Map,
the City Council has considered the effect of the contemplated
action of the housing needs of the region for purposes of
balancing the 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 City Council
of the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this
case;
2. That it does hereby confirm the conclusion of
Environmental Assessment No. 88-099 relative to the
environmental concerns of this tentative tract;
3. That it does hereby grant approval of the subject
Tentative Tract Map No. 23995 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 this 6th day of
September, 1989, by the following vote, to wit:
AYES: Council Members Bohnenberqer, Rushworth, Mayor Pena
NOES: Council Members Bosworth and Sniff
ABSENT: None
ABSTAIN: None
City of La Quint California
*ST:
*UNDRAL J*HO*ity Clerk
City of La Quinta, California
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^ :APPROVED AS To FORM.*
DA**<EYW<('** Attorney
City of La Quinta, California
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^ : CITY COUNCIL RESOLUTION NO. 89-97
CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 23995
PROPOSED SEPTEMBER 6, 1989
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 23995 shall comply with the
requirements and standards of the State Subdivision
Map Act and the City of La Quinta Land Division
Ordinance1 unless otherwise modified by the
following conditions.
2. This Tentative Tract Map approval shall expire two
years after the original datcof*pproval by th* La
Quinta City Council unless approved for extension
pursuant to the City of La Quinta Land Division
Ordinance.
3. The Applicant acknowledges that the City is
considering a City-wide Landscape and Lighting
District and, by recording a subdivision map,
agrees to be included in the District and to offer
for dedication such easements as may be required
for the maintenance and operation of related
facilities. Any assessments will be done on a
benefit basis, as required by law.
4. The City shall retain a qualified archaeologist
with the developer paying all costs. The
archaeologist retained shall prepare a mitigation
and monitoring plan for artifact location and
recovery. Prior archaeological studies for site
CA-RIV-2200 such as MF-1027 and UCRARU*97O, as well
as other unrecorded information, shall be analyzed
prior to the preparation of the plan.
The plan shall be submitted to the Coachella Valley
Archaeological Society CVAS) for a two-week review
and comment period. At a minimum, the plan shall:
1) identify the means for digging test pits; 2)
allow sharing the information with the CVAS; and
3) provide for further testing if the preliminary
results show significant materials are present.
The final plan shall be submitted to the Planning
and Development Department for final review and
approval.
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^ : Prior to the issuance of a Grading Permit, the
Developer shall have retained a qualified cultural
resources management firm and completed the testing
and data recovery as noted in the plan. The
management firm shall monitor the grading activity
as required by the plan or testing results.
A list of the qualified archaeological monitor(s),
cultural resources management firm employees, and
any assistant(s)/ representative(s), shall be
submitted to the Planning and Development
Department. The list shall provide the current
address and phone number for each monitor. The
designated monitors may be changed from time to
time, but no such change shall be effective unless
served by registered or certified mail on the
Planning and Development Department.
The designated monitors or tfleir authorized
representatives shall have the authority to
temporarily divert, redirect or halt grading
activity to allow recovery of resources. In the
event of discovery or recognition of any human
remains, there shall be no further grading,
excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human
remains until appropriate mitigation measures are
completed.
Upon completion of the data recovery, the developer
shall cause three copies of the final report
containing the data analysis to be prepared and
published and submitted to the Planning and
Development Departme***
5. The Developer of this subdivision of land shall
cause no easements to be granted or recorded over
any portion of this property between the date of
approval by the City Council and the date of
recording of the final map without the approval of
the City Engineer.
Traffic and Circulation
6. The Applicant shall construct or bond for half
street improvements to the requirement* of the City
Engineer and the La Quinta Municipal Code, as
follows:
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^ : a. Washington Street shall be constructed to
City standards for a 120-foot right-of-way
width Major Arterial), with a curb-to-curb
width of 96 feet, with a 12-foot bike/
sidewalk, and two-percent cross slope to
centerline, plus joins.
b. Miles Avenue shall be constructed to City
standards for a 110-foot right-of-way width
Primary Arterial), with an 18-foot raised
median island, Six-foot sidewalk, and
two-percent cross slope to centerline, plus
joins.
C. The street identified as Lot S on Exhibit A
Tentative Tract Map) shall be designed for a
72-foot right-of-way.
d. The Applicant shall construct all private
street improvements to the requirements of
the City Engineer and the La Quinta Municipal
Code.
e. The interior public street system shall be
designed pursuant to the approved Exhibit A
tract map) for TT 23995. The cul-de-sac
streets shall be designed for a 50-foot
right-of-way with 36-foot width
curb-to-curb. A five-foot utility easement
shall be granted on each side of the 50-foot
right-of-way. All other streets shall have a
60-foot right-of-way, a six-foot sidewalk,
and two-percent slope.
Any variations to the approved street system
design sections shall be subject to review
and approval by the Public Works Department.
7. An encroachment permit for work in any abutting
local jurisdiction shall be secured prior to
constructing or joining improvements i.e., County
of Riverside).
8. The Applicant shall participate in the construction
or bond for the construction of Adams Street low
water crossing of the Whitewater Channel, subject
to the requirements of the City Engineer.
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^ :B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL
9. Prior to final map approval by the City Council,
the Applicant shall submit a proposal to the
Planning Commission, for recommendation to the City
Council, for meeting parkiand dedication
requirements as set forth in Section 13.24.030, La
Quinta Municipal Code. The proposal for
dedication, fee-in-lieu, or combination thereof
shall be based upon a dedication requiremen* of
2.63 acres in the single*family residential area,
as determined in accordance with said Section.
10. The Applicant shall provide sufficient parkiand in
the multi-family residential area in accordance
with Government Code Section 66477 and Section
13.24.030 of the La Quinta Municipal Code.
11. A noise study shafl be prepared by a qualified
acoustical engineer, to be submitted to the
Planning and Development Department for review and
approval prior to final map approval. The study
shall concentrate on noise impacts on the tract
from perimeter arterial streets, and recommend
alternative mitigation techniques. Pecommendations
of the study shall be incorporated into the tract
design. The study shall consider use of building
setbacks, engineering design, building orientation,
noise barriers berming and landscaping, etc.), and
other techniques So as to avoid the isolated
appearance given by walled developments. A wall
shall be provided around the multi-family
residential area in accordance with the above study.
12. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and
approval by the Public Works Department and the
Planning and Development Department.
13. The subdivider shall make provisions for
maintenance of all landscape buffer and storm water
easements via one of the following methods prior to
final map approval:
a. Subdivider shall consent to the formation of
a maintenance district under Chapter 26 of
the Improvement Act of 1911 Streets and
Highways Code, Section 5820 et seq.) or the
Lighting and Landscaping Act of 1972 Streets
and Highways Code 22600 et seq.) to implement
maintenance of all improved landscape buffer
and storm water retention areas. It is
understood and agreed that the
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^ : Developer/Applicant shall pay all costs of
maintenance for said improved areas until
such time as tax revenues are received from
assessment of the real property.
b. The Applicant shall submit to the Planning
and Development Department a Management and
Maintenance Agreement, to be entered into
with the unit/lot owners of this land
division, in order to insure common areas and
facilities will be maintained. A unqualified
right to assess the owners of the individual
units for reasonable maintenance costs. The
association shall have the right to lien the
Property of any owners who default in the
payment of their assessments.
**Tv'm*n * *4 *
* maintained are as
follows:
1) Storm water easements.
2) Twenty-foot perimeter parkway lot along
Washington Street
3) Twenty-foot perimeter parkway lot along
Miles Avenue.
14. Prior to recordation of a final map, the Applicant
shall pay the required mitigation fees for the
Coachella Valley Fringe-Toed Lizard Habitat
Conversion Program, as adopted by the City, in the
amount of $600 per acre of disturbed land.
15. The Applicant shall coordinate with Sunline Transit
and the City to provide a future bus turnout and
shelter location on Washington Street. A bus
turnout shall be provided for in the approved
street improvement plans, and shall either be
constructed with those improvements for bonded
for. Appropriate bonding shall be provided in lieu
of a completed bus stop shelter, until such time as
service is provided by Sunline.
Grading and Drainage
16. The Applicant shall submit a grading plan that is
prepared by a registered civil engineer who will be
required to supervise the grading and drainage
improvement construction and to certify that the
constructed conditions at the rough grade stage are
as per the approved plans and grading permit. This
is required prior to final map approval.
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^ : Certification at the final grade stage and
verification of pad elevations is also required
prior to final approval of grading construction.
17. The Applicant shall submit a copy of the proposed
grading1 landscaping, and irrigation plans to
Coachella Valley Water District for review and
comment with respect to CVWD1s water managemen*
program.
18. A thorough preliminary engineering geological and
soils engineering investigatio* shall be done and
the report submitted for review along with the
grading plan. The report's recommendations shall
be incorporated into the grading plan design prior
to grading plan approval. The soils engineer
and/or the engineering geologist must certify to
the adequacy of the grading plan.
19. Any earthwork on contiguous properties requires a
written authorization from the owner(s) slope
easement) in a form acceptable to the City Engineer.
20. Drainage disposal facilities shall be provided as
required by the City Engineer. The Applicant shall
comply with the provisions of the City Master Plan
of Drainage1 including payment of any drainage fees
required therewith. All drainage easements must be
shown on the Final Tract Map.
21. Prior to the issuance of a grading permit, the
Applicant shall prepare and submit a written report
to the Planning Director demonstrating compliance
with those conditions of approval and mitigation
measures of TT 23995 and EA 88-099, which must be
satisfied prior the the issuance of a grading
permit. Prior to the issuance of a building
permit, the Applicant shall prepare and submit a
written report to the Planning Director
demonstrating compliance with those conditions of
approval and mitigation measures of this TT 23995
and EA 88-099, which must be satisfied prior to the
issuance of a building permit. Prior to final
building inspection approval, the Applicant shall
prepare and submit a written report to the Planning
Director demonstrating compliance with all
remaining conditions of approval and mitigation
measures of this TT 23995 and EA 88-099. The
Planning Director may require inspection or other
monitoring to assure such compliance.
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^ : Traffic and Circulation
22. Applicant shall comply with the following
requirements of the Public Works Department:
a. The Applicant shall dedicate all necessary
public street and utility easements as
required, including all corner cutbacks.
b. The Applicant shall submit street improvement
plans that are prepared by a registered civil
engineer. Street improvements, including
traffic signs and markings and raised median
islands if required by the City General
Plan), shall conform to City standards as
determined by the City Engineer and adopted
by the La Quinta Municipal Code three-inch
AC over four-inch Class 2 Base minimum for
residential streets).
c. Street name signs shall be furnished and
installed by the Developer in accordance with
City standards.
23. Applicant shall dedicate, with recordation of the
tract map, access rights to Washington Street,
Miles Avenue, and Adams Street for all individual
parcels which front or back-up to those
rights-of-way.
Tract Design
24. A minimum 20-foot landscaped setback shall be
required along Washington Street and Miles Avenue.
Design of the setbacks shall be approved by the
Planning and Development Department. Setbacks
shall be measured from ultimate right-of-way lines.
a. The minimum setbacks may be modified to an
average" if a meandering or curvilinear wall
design is used.
b. Setback areas shall be established as a
separate common lot and be maintained as set
forth in Condition No. 13, unless an
alternate method is approved by the Planning
and Development Department.
25. The tract layout shall comply with all the C-P, R-3
as specified in Specific Plan No. 88-012, and R-1
zoning requirements, including for the R-l zone
minimum lot size and minimum average depth of a
lot. The minimum R-1 lot size to be recorded in a
final map shall be 7,200 square feet.
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^ : Walls, Fencing, Screening, and Landscaping
26. Prior to issuance of any grading permits, the
Applicant shall submit to the Planning and
Developme** Department an interim landscape program
for the entire tract, which shall be for the
purpose of wind erosion and dust control. The land
owner shall institute blowsand and dust control
measures during grading and site developm****
These shall include, but not be limited to:
a. The use of irrigatio* during any construction
activities;
b. Planting of cover crop or vegetatio* upon
Previously graded but undeveloped portions of
the site; and
C. Provision of wind breaks or wind rows,
fencing, and/or landscaping to reduce the
effects upon adjacent properties and Property
owners. The land owner shall comply with the
requireme**5 of the Director of Public Works
and Planning and Developme*** All
construction and graded areas shall be
watered at least twice daily while being used
to prevent the emission of dust and blowsand.
27. Graded but undeveloped land shall be maintained in
a condition 50 as to prevent a dust and blowsand
nuisance and shall be either planted with interim
landscaping or provided with other wind and water
erosion control measures as approved by the
Planning and Developmen* and Public Works
Departments.
28. Prior to final map approval, the Applicant shall
submit to the Planning Division for review and
approval a plan or plans) showing the following:
a. Landscaping, including plant types, Sizes,
spacing, locations, and irrigation system for
all landscape buffer areas. Desert or native
Plant species and drought resistant planting
materials shall be incorporated into the
landscape plan.
b. Location and design detail of any proposed
and/or require* walls.
C. Exterior lighting plan, emphasizing
minimization of light and glare impacts to
surrounding properties.
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^ :
29. Prior to final map approval, the subdivider shall
submit criteria to be used for landscaping of all
single-family individual lot front yards. At a
minimum, the criteria shall provide for two trees
and an irrigation system.
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS
30. Prior to the issuance of a building permit for
construction of. any building or use contemplated by
this approval, the Applicant shall obtain permits
and/or clearances from the following public
agencies:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the
above-mentioned agencies shall be presented to the
Building Division at the time of the application
for a building permit for the use contemplated
herewith.
31. Provisions shall be made to comply with the terms
and requirements of the City's adopted
Infrastructure Fee Program in effect at the time of
issuance of building permits.
32. The Applicant shall comply with the following:
a. No buildings in the multi-family area within
150 feet of the ultimate right-of-way of
Washington Street and Miles Avenue shall be
higher than one story.
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^ : b. Seventy-five percent of R-1 zone dwelling
units within 150 feet of the ultimate
right-of-way of Miles Avenue shall be limited
to one story, not to exceed 20 feet in
height. The Applicant shall subinit to the
Planning and Development Department for
approval a drawing showing the location of
any single-family units higher than one story
located along Miles Avenue frontage.
33. The appropriate Planning approval shall be secured
prior to establishing any of the following uses:
a. Temporary construction facilities.
b. Sales facilities, including their appurtenant
signage.
c. On-site advertising/construc**0* signs.
34. In the R-1 zone, if a specific dwelling product is
envisioned or if groups of lots are sold to
builders prior to the issuance of building permits,
the Applicanti Builder shall submit complete detail
architectural elevations for all units. The
Planning Commission will review and approve these
as a Business Item. The basic architectural
standards shall be included as part of the c.c. &
Rs.
35. The residential plot plan for the R-3
multi-family) zone shall show 6.45 acres based on
736 proposed units) of private open space within
the development which is usable for active
recreation space in accordance with Section
13.24.030 of the La Quinta Municipal Code and
Government Code Section 66477.
Traffic and Circulation
36. The Applicant shall pay a 25 percent share of all
fees necessary for signalization costs at the
corner of Washington Street and Miles Avenue, and
50 percent of signalization costs at the
multi-family/commerc*** area access point onto
Miles Avenue and 25 percent of the signalization
costs at the intersection of Miles Avenue and Adams
Street.
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^ : Public Services and Utilities
37. The Applicant shall comply with the requirements of
the City Fire Marshal.
38. The Applicant shall comply with all requirements of
the Coachella Valley Water District, including
those related to the storm water channel. Any
necessary parcels for District facility expansion
shall be shown on the final map and conveyed to the
Coachella Valley Water District, in accordance with
the Subdivision Map Act.
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