CC Resolution 1989-134#; CITY COUNCIL RESOLUTION NO. 89-134
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND GRANTING
APPROVAL OF TENTATIVE TRACT MAP 25125
TO ALLOW THE CREATION OF A LAND SALES
SUBDIVISION ON A 32+ ACRE SITE.
CASE NO. TT 25125 STROTHER ENTERPRISES
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 14th day of November, 1989,
hold a duly-noticed Public Hearing to consider the request of
Strother Enterprises to subdivide +32 acres into
single-family development lots for sale, generally located at
the southwest corner of Dune Palms Road and Westward Ho Drive,
more particularly described as:
PARCEL 1: A PORTION OF THE WEST HALF OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SECTION 29, T55,
R7W, S.B.B.M.
AND
PARCEL 2: A PORTION OF THE EAST HALF OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SECTION 29, T55,
R7E, S.B.B.M.
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 5th day of December, 1989, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning the
environmental analysis and Tentative Tract Map No. 25125; and
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
conducted an initial study, and has determined that the
proposed tentative tract will not have a significant adverse
impact on the environment; 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 to justify the approval of said
tentative tract map:
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#;1. That Tentative Tract No. 25125, 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, R-1 zoning district
development standards, and d*sign requirements 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
west to the southeastern side of the property. The
proposed circulation design and single-family lot
layouts, as conditioned, are, therefore, suitable for the
proposed land division.
3. That the design of Tentative Tract Map No. 25125 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. 25125 will not
conf lict 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. 25125, as
conditioned, provides for adequate maintenance of the
landscape buffer areas.
7. That the proposed Tentative Tract No. 25125, as
conditioned, provides storm water drainage, park
facilities, and noise mitigation.
8. 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 this 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:
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#; 1. That the above recitations are true and correct and
constitute the findings of the Council in this case;
2. That it does hereby confirm the conclusion of
Environmental Assessment No. 89-142 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve the subject Tentative Tract
Map No. 25125 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 5th day of December,
1989, by the following vote, to wit:
AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN P Mayor
City of L Quinta, California
ATT*:1*
DRA<Hi(Clerk
City of La Quinta, California
APPROVED AS TO FORM:
* * *
DAWN HONEYWELL, Cit* Attorney
City of La Quinta, California
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#; CITY COUNCIL RESOLUTION NO. 89-*
CONDITIONS OF APPROVAL APPROVED
TENTATIVE TRACT MAP NO. 25125
DECEMBER 12, 1989
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 25125 shall comply with the
requirements and standards of the State Subdivision Map
Act and the City of La Quinta Land Division Ordinance,
unless otherwise modified by the following conditions.
2. This Tentative Tract Map approval shall expire two years
after the effective date unless approved for extension
pursuant to the City of La Quinta Land Division
Ordinance, or a development agreement exists which
identifies a longer approval time period.
3. The Applicant acknowledges that the City has created 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 developer shall retain a qualified archaeologist
immediately upon discovery of any archaeological remains
or artifacts and employ appropriate mitigation measures
during project development.
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 street improvements to the
requirements of the City Engineer and the La Quinta
Municipal Code, as follows:
a) Westward Ho Drive shall be constructed to City
standards for a 72-foot right-of-way width
Collector), with a five-foot sidewalk, and
two-percent cross slope to centerline, plus joins.
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#; b) Dune Palms Road shall be constructed to City
standards for an 88-foot right-of-way width
Secondary Arterial), with a curb-to-curb width of
64 feet, with a five-foot sidewalk and one and
one-half percent cross slope to centerline, plus
joins. Dune Palms Road shall be designed for
ultimate grade from Westward Ho Drive to the
Whitewater Channel, and constructed adjacent to
Tract 25125, and further as necessary for reasonable
transitions and surface drainage requirements.
c) The interior public street system shall be designed
pursuant to the approved Exhibit A tract map) for
TT 25125, with a six-foot sidewalk and two-percent
slope. Streets 1A, B and H" shall be constructed
to City standards with a 60-foot right-of-way.
Cul-de-sacs shall be designed for a 50-foot
right-of-way with 36-foot width curb-to-curb and a
5-foot utility easement on both sides of the
street. Cul-de-sacs shall be constructed to
provide a minimum turning diameter of 90-feet.
Any variations in 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 constructed or
joining improvements.
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL.
8. Park fees as set forth in Section 13.24.030, La Quinta
Municipal Code shall be provided based upon a dedication
requirement of 1.03 acres, as determined in accordance
with said Section.
9. A noise study shall 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.
Recommendations 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.
10. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and approval
by the Public Works Department and the Planning &
Development Department.
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#;11. Owner shall execute and record a Declaration of
Dedication in a form acceptable to the City offering the
dedication of landscape buffer areas to the City for
future acceptance and maintenance. In the interim, the
owners shall maintain the perimeter landscaping and
provide bond assurance accordingly.
12. The subdivider shall make provisions for maintenance of
the landscape buffers area 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 & Highways Code,
Section 5820 et seq.) or the Lighting and
Landscaping Act of 1972 Streets & Highway Code
22600 et seq.) to implement maintenance of all
improved landscape buffer areas. It is understood
and agreed that the 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
homeowner 5 association shall be created with the
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.
The common facilities to be maintained are the 10
foot perimeter parkway lots along Westward Ho Drive
and Dune Palms Road.
13. 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.
Grading and Drainage
14. 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
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#; required prior to acceptance of the work. Certification at
the final grade stage and verification of pad elevations
is also required prior to final approval of grading
construction
15. The Applicant shall submit a copy of the proposed
grading, landscaping and irrigation plans to Coachella
Valley Water District for review and comment with respect
to CVWD's water management program.
16. A thorough preliminary engineering geological and soils
engineering investigation 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.
17. Any earthwork on contiguous properties requires written
authorization from the owner(s) slope easement) in a
form acceptable to the City Engineer.
Traffic and Circulation
18. 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.
d. The Applicant/Developer shall be responsible for
submitting a plan and constructing a low water
crossing over the Whitewater Channel. The plan
must be prepared by a Registered Civil Engineer and
subject to review/approval by the City Engineer and
C.V.W.D. prior to construction. The Registered
Civil Engineer, who prepared the plan is required
to supervise the construction and to certify that
the crossing is constructed as per the approved
plan. This certification is required prior to
acceptance of the work.
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#;19. Applicant shall dedicate, with recordation of the tract
map, access rights to Westward Ho Drive and Dune Palms
Road for all individual parcels which front or back-up to
those rights-of-way.
Tract Design
20. A minimum 10-foot landscaped setback shall be provided
along Westward Ho Drive and Dune Palms Road. 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. 12, unless an alternate method is
approved by the Planning and Development Department.
21. The tract layout shall comply with all the R-1 zoning
requirements, including minimum lot size and minimum
average depth of a lot. The minimum dwelling lot size to
be recorded in a final map shall be 7,200 square feet.
22. The Applicant shall make the necessary changes to and note
the following on the Tentative Tract Map.
a. The small parcels of land shown at the head of the
cul-de-sac streets along Westward Ho Drive shall be
either divided between the two adjoining lot owners
or be shown as part of the landscaped setback.
b. The small parcels of land shown at the head of the
cul-de-sac streets along the Coachella Valley Water
District wash shall be split between the two
adjoining lot owners. A utility and possibly
pedestrian easement shall be recorded across these
parcels of land as necessary.
Walls, Fencing, Screening and Landscaping
23. Prior to issuance of any grading permits, the Applicant
shall submit to the Planning and Development 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 the grading and site development.
These shall include but not be limited to:
a. The use of irrigation during any construction
activities;
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#; b. Planting of cover crop or vegetation 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 requirements of the
Director of Public Works and Planning and
Development. All construction and graded areas
shall be watered at least twice daily while being
used to prevent the emission of dust and blowsand.
24. Graded but undeveloped land shall be maintained in a
condition so 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 Development and
Public Works Departments.
25. 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
required walls.
C. Exterior lighting plan, per City requirements
emphasizing minimization of light and glare impacts
to surrounding properties.
26. Prior to final map approval, the subdivider shall submit
criteria to be used for landscaping of all individual lot
front yards and the street side of all corner lots. At a
minimum, the criteria shall provide for two trees along
the street frontage each), and an irrigation system.
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
27. 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
* 0 Coachella Valley Water District
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#; 0 Desert Sands Unified School District
0 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.
28. 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.
29. 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/construct*0* signs
30. If a specific dwelling product is envisioned or if groups
of lots are sold to builders, prior to the issuance
building permits, the Applicant/Builder shall submit
complete detailed architectural elevations for all units.
The Planning Commission shall review and approve
elevations as an agenda Business Item. Basic
architectural standards shall be included as part of the
C.C. & R's.
31. Prior to the issuance of a grading permit, the Applicant
shall prepare and submit a written report to the Planning
and Development Director demonstrating compliance with
those Conditions of Approval and mitigation measures of
Tentative Tract No. 25125 and Environmental Assessment No
89-142, which must be satisfied prior to 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 and Development Director
demonstrating compliance with those Conditions of Approval
and mitigation measures of EA No. 89-142 and Tentative
Tract No. 25125 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 and Development
Director demonstrating compliance with all remaining
Conditions of Approval and mitigation measures of EA No.
89-142 and Tentative Tract No. 25125. The Planning and
Development Director may require inspection or other
monitoring to assure such compliance.
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#;TRAFFIC AND CIRCULATION
32. The Applicant shall pay a proportionate share 1/4) of
all fees necessary for signalization costs at the corner
of Westward Ho Drive and Dune Palms Road, as determined
by the City Engineer.
33. The termination point of the street shown as Lot IVHtY on
Exhibit A Tentative Tract Map), shall be provided with a
temporary turnaround to the satisfaction of the Public
Works Department. If the road network for the adjoining
tracts have been constructed and completed, then the
above streets shall be constructed to connect with these
subdivisions, in accordance with the approved street
improvement plans and the requirements of the City
Engineer.
PUBLIC SERVICES AND UTILITIES
34. The Applicant shall comply with the requirements of the
City Fire Marshal.
35. The Applicant shall comply with all requirements of the
Coachella Valley Water District. 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.
37. All existing and new utilities will be installed
underground and trenches compacted to City standards prior
to construction of any streets. The soils engineer shall
provide the necessary compaction test reports for review
by the City Engineer, as may be required.
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