CC Resolution 1991-024^">Q CITY COUNCIL RESOLUTION 91-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING
FINDINGS, CONCURRING WITH THE
ENVIRONMENTAL DETERMINATION, AND GRANTING
APPROVAL FOR A FINAL TINE EXTENSION FOR
PURPOSES OF A FILING A FINAL MAP.
CASE NO. TT 21880 THIRD EXTENSION OF TIME
I.D.G. DEVELOPMENT CORPORATION, OWNER
WHEREAS, the Planning Comission of the City of La
Quinta, California, did, on the 26th day of August, 1986, hold a
duly-noticed Public Hearing on the Environmental Analysis and
the request to subdivide +731 acres into a 330-lot
single-family residential subdivision with associated golf
course and open space lots, generally located on the southeast
corner of Avenue 52 and Avenida Bermudas, more particularly
described as follows:
A PORTION OF SECTIONS 6 AND 7,
T65, R7E, S. B. B. & N.
WHEREAS, the Planning Commission, at said Public
Hearing, did decide to continue the Hearing until September 9,
1986; and
WHEREAS, the Planning Comission of the City of La
Quinta, California, at the continued Public Hearing of the 9th
day of September, 1986, considered the Environmental Analysis
and Tentative Tract Nap No. 21880 and recomended to the City
Council adoption of the Environmental Analysis and approval of
Tentative Tract Map No. 21880; and,
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 7th day of October, 1986, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recomendation of the Planning Commission concerning the
Environmental Analysis and Tentative Tract Map No. 21880; and,
WHEREAS, said Tentative Nap complied vith 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, after initial
study Environmental Assessment No. 86-059) determined that
although the proposed project could have a significant effect on
the environment, there would not be a significant effect in this
case because appropriate mitigation measures were made
conditions of the development approval, and that a Negative
Declaration should be filed; and,
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WHEREAS, at the Public Hearing held on October 7,
1986, upon hearing and considering all testimony and arguments
of all interested persons desiring to be heard, said City
Council did make findings to just*fy the approval of said
Tentative Tract map; and,
WHEREAS, at said Public Hearing, said Tentative
Tract Map No. 21880 was approved by the La Quinta City Council
based on said findings and subject to certain conditions; and,
WHEREAS, the former owner, Crystal Canyon of La
Quinta, applied for and received the initial Extension of Time
for Tentative Tract 21880, in accordance with Section 13.16.230
of the La Quinta Municipal Code relating to time extensions on
tentative maps; and,
WHEREAS, the current owner, I.D.G. Development
Corporation, has applied for and received, Second Extension of
Time on said Tentative Tract pursuant to said Section 13.16.230;
and,
WHEREAS, I.D.G. Development Corporation has applied
for a third and final extension of time for Tentative Tract
21880; and,
WHEREAS, the La Quinta Planning Comission at their
regular meeting of January 8, 1991, did recommend to the City
Council approval of said extension request via adoption of
Planning Comission Resolution 91-001; and,
WHEREAS, the La Quinta City Council, on March 19,
1991, did find the following facts to justify granting approval
of said extension of time:
1. The design and improvements of the approved Tentative
Tract No. 21880 are consistent with the current goals and
objectives of the La Quinta General Plan.
2. Tentative Tract No. 21880 is consistent with current
standards of the Municipal Zoning and Land Division
Ordinances.
3. The subject site is physically suitable for a 330-unit
development with a density of 0.8 units per acre.
4. The design of Tentative Tract No. 21880 and its related
improvements are not likely to cause environmental damage
or substantially and avoidably injure fish and wildlife or
their habitat provided that approval conditions related to
mitigation measures for the flora, fauna, and
archaeological resources are complied with during project
development.
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5. The design of Tentative Tract No. 21880 and the type of
improvements are not likely to cause public health
problems nor would they conflict with existing public
easements.
6. There is no evidence to suggest that approval of a third
time extension for Tentative Tract 21880 could have any
measurable adverse impact on the environment and is
therefore not subject to CEQA.
7. The location and appearance of the proposed dwelling units
will be made compatible with the area in which the
330-unit development is located.
8. The proposal to provide approximately 70% of the site as
usable open space area exceeds the minimum requirements
for planned residential developments.
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 City Council in this
case;
2. That it does hereby concur with the environmental
determination and grant approval of the
above-described third and final extension of time
for Tentative Tract Map No. 21880, for the reasons
set forth in this Resolution and subject to the
attached Conditions of Approval as recommended by
the La Quinta Planning Commission and modified
herein.
PASSED, APPROVED and ADOPTED at a regular meeting of
the La Quinta City Council held on this 19th day of March, 1991,
by the following vote, to wit:
AYES: Council Members Bohnenberger, Franklin, Rushworth,
Sniff & Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
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City of La Quinta, California
City of La Quinta, California
APPROVED AS TO FORM:
DA*N*Y*LL, Ci*y Attorney
City of La Quinta, California
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CONDITIONS OF APPROVAL THE HERITAGE CLUB
TENTATIVE TRACT NAP NO. 21880 EXTENSION #3
CITY COUNCIL RESOLUTION 91---*2 RECOMMENDED
MARCH 19, 1991
* Indicates condition revised.
+ Indicates new condition.
GENERAL
1. Tentative Tract Nap No. 21880 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 and become
void on October 7, 1991, unless final map filing(s) are
made pursuant to the provisions of California Government
Section 66452.6.
*3 Tract phasing plans, including phasing of public
improvements, shall be submitted for review and approval
by the City Engineer and the Planning and Development
Department prior to any final map recordation activities.
*4 Prior to the issuance of a grading a) or building b)
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:
City Fire Marshal a)
Public Works Department a,b)
Planning and Development Department a,b)
Riverside Co. Environmental Health Department. b)
Desert Sands Unified School District b)
Coachella Valley Water District a,b)
Imperial Irrigation District b)
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.
In the event that any requirement or condition of a future
Subdivision Improvement Agreement for this tentative tract
is inconsistent with or fails to include conditions
originally required in the tentative tract map for this
subdivision, the conditions in the original tentative
tract map subdivision approval shall remain in effect and
shall control.
5. This approval shall be in compliance with all applicable
conditions and applicable provisions of Specific Plan Nos.
85-005A and 85-005B, Street Vacation Nos. 85-007A and
85-007B, and the Washington Street Corridor Specific Plan.
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^">QConditions of Approval-TT 21880 Ext. #3 Narch 19, 1991
GRADING AND DRAINAGE
*6. Prior to issuance of any grading or building 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;
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.
+7. 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.
*8. The Applicant shall have a grading plan prepared by a
Registered Civil Engineer, who shall exercise sufficient
supervision and control of the tract grading to insure
compliance with the grading plans, specifications, and
applicable codes and ordinances. The registered civil
engineer charged with the compliance responsibility shall
make the following certifications upon completion of
construction:
A. All grading work was properly monitored by qualified
personnel during construction for compliance with
the grading plans, specifications, and applicable
codes and ordinances and thereby certify the grading
to be in full compliance with those documents.
B. The finish building pad elevations conform with the
approved grading plan.
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^">Q Conditions of Approval-TT 21880 Ext. *3 March 19, 1991
+9. The tract shall be designed and graded in a manner so that
the difference in building pad elevations between
contiguous lots which share a cornition street frontage or
join lots with adjoining existing tracts does not exceed
three 3.0) feet. The pad elevations of contiguous lots
within the subject tract that do not share a common street
shall not exceed five 5.0) feet.
If the Applicant is unable to comply with the pad
elevation differential requirement, the City will consider
and may approve other alternatives that satisfy the City's
intent to promote and ensure community acceptance and
buyer satisfaction with the proposed development.
+10. 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.
*11. 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.
A statement shall appear on the final subdivision map that
a soils report has been prepared for the tract pursuant to
Section 17953 of the Health and Safety Code.
12. Applicant shall comply with provisions of the Master Plan
of Drainage, including payment of fees required therewith,
and the City's flood protection ordinance. Drainage
disposal facilities shall be provided as required by the
City Engineer. Drainage facilities along 52nd Avenue
shall be constructed and drainage easements dedicated as
required by the City Engineer.
13. Prior to issuance of grading permit, the Applicant shall
submit to the Planning and Development Department the
following detailed components of the grading plan for
review and approval.
A. Design of the area of R-1 zoned lots shall
incorporate natural elements and any necessary
specialized grading techniques and design features
to minimize potential adverse effects of hillside
grading and of views from the exterior of the
project.
* *
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^">QConditions of Approval-TT 21880 Ext. #3 March 19, 1991
TRAFFIC AND CIRCULATION
14. The Applicant shall comply with the following requirements
of the City Engineer:
A. The Applicant shall dedicate all necessary public
street and utility easements as required by the City
Engineer.
1. 52nd Avenue:
*(a.) 110-foot total right-of-way from west
project boundary to east project
boundary, including any right-of-way
necessary for Washington Street
intersection widening as determined by
the City Engineer.
b.) Intersection at Washington Street as
required by the City Engineer.
c.) Avenue 52 has an alignment problem in the
vicinity of Avenida Bermudas as currently
proposed by the 1985 Specific Plan. In
order to correct the problem and some
other undesirable attributes of the 1985
Specific Plan alignment, some realignment
of Avenue 52 may be required within the
boundaries of Tract *21880. The City is
currently studying the situation and will
publicly release its findings as soon as
practical. The Applicant acknowledges
the unsettled state of affairs, and
agrees to comply with the forthcoming
revised alignment, when formally adopted,
to whatever extent required.
*2. Avenida Bermudas: 50-foot half-street
right-of-way. Right-of-way shall be dedicated
to the City within 30 days of the date of City
Council approval of the 3rd time extension,
for Tentative Tract 21880.
3. Washington Street: Intersection at 52nd
Avenue as required by City Engineer.
*4. So as to insure the orderly development of the
new alignment of Avenue 52 per the intent of
the Avenue 52 Referendum, Washington Street
and Avenue 52 Specific Plans, the Applicanti
Developer shall dedicate right-of-way from the
westerly tract boundary to Washington Street.
The precise width shall be determined by the
City Engineer and dedicated within 30 days of
City Council approval of the third time
extension for Tentative Tract 21880.
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
B. That the Applicant shall construct street
improvements to the requirements of the City
Engineer and the La Quinta Municipal Code LQMC).
1. 52nd Avenue: Full width, plus a minimum of
two lanes from the west project boundary to
Avenida Bermudas. If improvements from the
west project boundary to Avenida Bermudas have
been installed by others, the
Applicant/Subdivider shall be relieved of this
condition; but, if the Applicant/Subdivider
installs said improvements as a part of this
tract, he shall be eligible for reimbursement
of construction costs consistent with any City
policy or program in existence at that time.
2. Avenida Bermudas: Half-width, plus an 8-foot
wide combination sidewalk/bikeway in the east
parkway.
3. Private Streets: As set forth herein.
4. Avenue 52 and Avenida Bermudas: if any street
improvements required under these Conditions
of Approval, except as otherwise provided in
Condition 11.3.1, have been constructed by a
third party or the City before the Applicant
constructs said improvements, the Applicant
shall reimburse the third party or City for
the incurred costs. If the third party has
been reimbursed by the City for the
improvements, the Applicant shall reimburse
the City for said costs.
C. That the Applicant shall have prepared street
improvement plans for public and private streets)
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 LQMC 3" AC over 4" Class 2 Base
Minimum for residential streets). Street design
shall take into account the subgrade soil strength,
the anticipated traffic loading, and street design
life.
15. Applicant shall dedicate vehicle access rights, except at
street intersections, to 52nd Avenue and Avenida Bermudas.
7 I*I'LT**D*7T *
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
*16. Applicant shall install traffic signal at Washington
Street and 52nd Avenue. Any participation in the cost for
the 52nd Avenue and Avenida Bermudas signal shall be
determined by the City Engineer.
17. Applicant shall comply with the following requirements for
private street improvements:
A. A** Street shall be aligned to connect to the new
precise centerline of Washington Street.
B. Tract entry streets shall provide two entrance and
two exit lanes with a minimum 24-foot each way.
C. The width of all interior streets, which have units
along both sides of the roadway, excluding
cul-de-sacs, shall have a minimum pavement width of
36-feet.
18. Applicant shall provide a bicycle/pedestrian link between
52nd Avenue and Avenida Nuestra near Calle Rondo.
TRACT AND BUILDING DESIGN
19. Development of the project site shall comply with Exhibit
A, as contained in the Planning and Development
Department's file for Tentative Tract No. 21880, and the
following conditions, which conditions shall take
precedence in the event of any conflict with the
provisions of the tentative tract map.
*20. A minimum 20-foot landscaped setback shall be required
along 52nd Avenue and Avenida Bermudas. Design of these
setbacks shall be reviewed by the Design Review Board and
approved by the Planning Commission and shall be
consistent with the 52nd Avenue Specific Plan and any
applicable approvals/conditions as set forth in Condition
#5.
A. The minimum setback may be modified to an average"
if a meandering or curvilinear wall design is used.
B. The setback area shall be established as a separate
comon lot and be maintained as set forth in
Condition No. 20.(C.), unless an alternative method
is approved by the Planning and Development
Department.
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
C. A Landscape Maintenance and Lighting District shall
be formed to maintain medians on 52nd Avenue and
landscape and wall improvements on the northerly
side of 52nd. Applicant shall establish, through
its Homeowners Association, provisions to maintain
the parking and setback areas along the south side
of 52nd and the east side of Bermudas contiguous to
the project. These provisions shall allow the City
to take over maintenance if not adequately performed.
D. The Applicant is encouraged to minimize steep slope
designs within the perimeter landscaping setback
areas along 52nd Avenue and Avenida Bermudas. In no
case shall these areas have slopes or berming in
excess of 33 percent as measured from the top of the
crown of the street elevation.
*21. This approval authorizes the construction of a golf
clubhouse, tennis building with tennis courts, gatehouses,
and a maintenance facility at the general locations shown
on Exhibit A, as amended by these conditions. These
buildings' specific locations, design, height, and size
shall be subject to separate plot plan review and approval
by the Design Review Board and Planning Commission.
22. The development of custom, single-family lots shall be
governed by the following:
*A. The Applicant shall establish a Design Review
Committee to review and approve all development
within Tentative Tract No. 21880. The main
objectives of this Committee shall be to assure that
building architecture, building materials and
colors, building height and setbacks, and landscape
design follow appropriate design themes throughout
the tract. Procedures and operation of the
committee shall be set forth in the Tract's CC & R's.
B. Applicant shall establish within the CC&R's site
design standards appropriate to estate and villa
lots, including but not limited to, front, side and
rear setbacks, lot coverage, etc. Standards shall
be reviewed by the Planning and Development
Department as part of its review of the CC&R*s, but
be no less restrictive than the R-l or R-2 Zone
standards, as appropriate.
C. Prior to issuance of an occupancy permit for any
house within Tentative Tract No. 21880,
landscaping/groundcover shall be installed and
appropriately maintained. Type of planting, method
of installation, and maintenance techniques shall be
subject to plan approval by the Planning and
Development Department.
*1/(.*M*DD*71 n*.'
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
D. All roof-mounted equipment shall be screened from
view at all sides by design of the house. All
ground-mounted mechanical equipment shall be
screened from view by methods approved by the
Planning and Development Department.
E. No two-story units shall be allowed on a lot any
portion of which is within 200-feet of 52nd Avenue,
Avenida Bermudas, or comon property lines with the
Desert Club of La Quinta. No two-story units shall
be allowed within the R-l Zoned portion of the site
unless appropriate zoning changes are approved.
23. Provision shall be made for a significant viewing
opportunity on both sides of the main project entrance at
52nd and Washington through the use of landscaping, lakes,
fence design and setbacks. Provision shall also be made
on Avenida Bermudas near both intersections of I" Street
with C" Street and give consideration to the former site
of the maintenance building Revision #1) located at the
northwest corner of the project site the area generally
lying south of the existing 52nd Avenue alignment and east
of Avenida Bermudas) for extensive wall setback and
landscaping to enhance views, but open fencing shall not
be required.
*24. Any minor changes in lot mix, sizes, lines, or shapes, or
street alignments, shall be reviewed and approved by the
Planning and Development Department prior to any final map
approvals for recordation.
PUBLIC SERVICES AND UTILITIES
25. The Applicant shall comply with the requirements of the
City Fire Marshal, who may approve alternate means of
compliance where deemed appropriate and equivalent to
these standards:
A. Install Super fire hydrants, 6" x 4" x 2-1/2" x
2-1/2") located no less than 25 feet from any
building nor more than 165 feet from any lot
frontage. Hydrants shall be spaced not more than
330 feet apart as measured along approved vehicular
travelways. Minimum fire flow shall be 2500 gpm for
two hours duration at 20 psi.
B. Cul-de-sacs longer than 150 feet shall have a
minimum turning diameter of 90 feet. Cul-de-sacs
shall be no longer than 550 feet unless provided
with an approved emergency alternate access or other
appropriate fire protection approved by the Fire
Marshal.
I
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
C. Applicant/Developer shall furnish two 2) copies of
the water system plans to the fire department for
review. Plans shall conform to fire hydrant types,
location and spacing, and, the system shall meet the
fire flow requirements. Plans shall be
signed/approved by a registered civil engineer and
the local water company with the following
certification: I certify that the design of the
water system is in accordance with the requirements
prescribed by the Riverside County Fire Department."
D. Prior to arrival of Combustible materials on the
site, the above conditions a and b) must be
operating.
E. Interior street widths shall be a minimum of 36 feet.
26. The Applicant shall comply with the following requirements
regarding fire station facilities:
A. Prior to the recordation of the final map, the
Applicant shall dedicate to the City a one acre site
for a fire station, at a location approved by the
Riverside County Fire Department and the City.
B. The Applicant shall prepare and submit building
plans for the proposed station for the review and
approval by Riverside County Fire Department and the
City.
C. The Applicant shall make a payment of $100,000 to
provide for the partial construction of the fire
station. This contribution shall be used as a
credit for fire facilities infrastructure fees until
those fees exceed the amount of the credit.
*NOTE: The Riverside County Fire Department has
comitted to retrofitting the existing fire station
facility. Applicant's contribution towards this
facility shall be based on the above percentage
responsibilities. Applicant shall enter into an
agreement with the City and Riverside County Fire
Department in order to determine the appropriate
compensatory relief required of the Applicant.
27. Applicant shall install dry" stormwater facilities on
Avenida Bermudas in conjunction with the installation of
street improvements. These facilities shall include catch
basins, culverts, and other improvements to connect these
facilities to the regional system, pursuant to plans
approved by CVWD and the City of La Quinta.
BJ/CONAPRvL*n22 a
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
A. Applicant shall provide easements without
compensation for these facilities in accordance with
the Applicant's signed agreement with the City of La
Quinta and Coachella Valley Water District.
B. Actual construction of local stormwater facilities
shall be subject to reimbursement by any assessment
district or similar funding mechanism) if such is
implemented to the extent that construction is for
facilities to accept off-site local drainage.
C. Applicant shall comply with his signed agreement
with the City to accept local drainage from the
developed area to the west.
28. The Applicant shall comply with the requirements of the
Coachella Valley Water District CVWD) as follows:
A. The water and sewage disposal system for the project
shall be installed in accordance with the
requirements of the City and CVWD.
B. Tentative Tract No. 21880 shall be annexed to
Improvement District No. 55 of the Coachella Valley
Water District for sanitation service.
C. Where there are identified conflicts with existing
Coachella valley Water District facilities, the City
shall withhold permits until satisfactory
arrangements have been made with the District.
D. The alignment and size of the stormwater facilities,
including any needed off-site facilities, shall be
in accordance with plans approved by CVWD in
conjunction with the La Quinta Redevelopment Project.
1. Applicant shall provide easements without
compensation for these stormwater facilities
in accordance with the signed agreement with
the City of La Quinta and Coachella Valley
Water District.
2. Actual construction of stormwater facilities
shall be subject to reimbursement from
redevelopment agency funds to the extent that
construction is part of the regional
stormwater facility system and in accordance
with any signed agreement.
*29. All on-site and off-site utilities, including any existing
utility poles, shall be installed underground and trenches
compacted to City standards prior to construction of any
streets. The soils engineer retained by the Applicant
shall provide the necessary certified compaction test
reports for review by the City Engineer, as may be
required.
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^">QConditions of Approval-TT 21880 Ext. #3 March 19, 1991
30. In order to mitigate impacts on public schools, the
Applicant shall comply with the following:
A. Prior to the issuance of any building permits, the
Application shall provide the Planning and
Development Department with written clearance from
the DSUSD stating that the per-unit impact fees have
been paid.
+31. Applicant/Developer shall provide for transit amenities as
may be necessary. These amenities shall include, as a
minimum, a bus turnout location and passenger waiting
shelter along 52nd Avenue, the precise location of which
shall be determined by Sunline Transit.
WALLS, FENCING, SCREENING, AND LANDSCAPING
32. Prior to the issuance of building permits, the Applicant
shall submit to the Planning and Development Department,
for review and approval, a plan or plans) showing the
following:
A. Landscaping, including revisions to plant types,
sizes, spacing, and locations as required by these
conditions, or proposed by the Applicant.
B. Landscape irrigation system.
C. Location and design detail of any proposed and/or
required walls.
D. Location and design of sidewalks on-site and on
adjacent streets.
*E. Exterior lighting plan. See also Condition #36)
The approved landscaping and improvements shall be
installed prior to the issuance of any Certificate of
Occupancy. The landscaping shall be maintained in a
healthy, viable condition for the life of the project.
33. Desert or native plant species and drought resistant
planning materials shall be encouraged to be incorporated
into the landscaping plans for the site. Provision shall
also be made for planting materials which provide forage
and nesting areas for nearby wildlife.
34. Adequate provision shall be made for continuous
maintenance of all landscaping and related features.
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
35. A minimum six-foot-high, solid, masonry wall shall be
provided along the west, north, and a portion of the east
project perimeters of the project, except for the
perimeter adjacent to the mountains where fencing, if any,
shall be designed so as to permit wildlife to enter the
site. Fencing shall be prohibited along the project
portions which abut the mountain areas to permit
unobstructed wildlife migration. The exact location,
design, and materials shall be subject to review and
approval by the Planning and Development Department.
*36. All lighting facilities shall comply with Chapter 9.210
Outdoor Light Control) and be designed to minimize light
and glare impacts to surrounding property. All lighting
to be installed shall be subject to review and approval
by the Planning and Development Department.
37. The existing trees on the site shall be incorporated into
the design wherever feasible. All grading, construction
and related operations for this project shall be in
compliance with the approval for tree retention, dated
11/18/86.
MANAGEMENT
38. Prior to the recordation of the final map, the Applicant
shall submit to the Planning Director the following
documents which shall demonstrate to the satisfaction of
the City that the open space/recreation areas and private
streets and drives shall be maintained in accordance with
the intent and purpose of this approval.
A. The document to convey title;
B. Covenants, Conditions, and Restrictions to be
recorded; and,
C. Management and maintenance agreement to be entered
into with the unit/lot owners of this land division.
The approved Covenants, Conditions, and Restrictions shall
be recorded at the same time that the final subdivision
map is recorded.
A homeowners association, with the unqualified right to
assess the owners of the individual units for reasonable
maintenance costs, shall be established and continuously
maintained. The association shall have the right to lien
the property of any owners who default in the payment of
their assessments. Such lien shall not be subordinate to
any encumbrance other than a first deed of trust, provided
that such deed of trust is made in good faith and for
value and is of record prior to the lien of the homeowners
association.
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Conditions of Approval-TT 21880 Ext. #3 March 19, 1991
MISCELLANEOUS
39. Appropriate approvals shall be secured prior to
establishing any construction or sales facilities, and/or
signs on the subject property.
*40. 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.
Any assessments will be done on a benefit basis as
required by law.
41. Prior to the issuance of any grading permits, the
Applicant shall contract with the UC-Riverside
Archaeological Research Unit to complete the resource
study and collection at the following sites:
A. CA-Riv-2823.* Recover information and preserve rock
cairns where possible.
B. CA-Riv-2824: Conduct date recovery excavations.
C. CA-Riv-2826: Move some of the seed milling features
to an interpretative setting elsewhere within the
project.
D. CA-Riv-2827: Conduct additional testing and, on the
basis of this testing, conduct recovery excavations
if warranted.
E. CA-Riv-1179: Conduct data recovery excavations.
Applicant shall provide verification to the Planning and
Development Department of completion of this task.
The developer shall retain a qualified archaeologist
immediately and take appropriate mitigation measures when
any archaeological remains or artifacts are encountered
during project development.
42. The Applicant shall pay the required processing, plan
checking, and inspection fees as are current at the time
the work is being accomplished by City personnel or
subcontractors for the Planning and Development, or
Engineering Departments.
43. Applicant shall submit plans for street lighting along
roads, if any, for review and approval by the Planning and
Development Department.
44. 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.
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45. The Developer/Subdivider shall provide a 30-foot-wide
access easement from the realigned 52nd Avenue to the old
52nd Avenue along the eastern boundary of the Desert
Club" property. The Developer/Subdivider shall provide
the Desert Club" owners access, improvement and
maintenance rights over said easement. Also, the City of
La Quinta shall be granted public right of pass and repass
over said easement.
46. Prior to recordation of any portion of Tract Map No.
21880, the Applicant shall submit for review and approval
by the City Engineer and Planning Director plans which
relocate the maintenance facility entrance and associated
frontage road improvements to an appropriate location
which will minimize traffic hazards and conflicts on
Avenida Bermudas and Calle Arroba to the extent feasible.
47. 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.
+48. Notwithstanding Section 9.145.020(b) of the La Quinta
Municipal Code, the applicant shall comply with the
provisions of the Hillside Conservation Ordinance La
Quinta Municipal Code Chapter 9.145).
+49. The Applicant acknowledges that the City is considering
the adoption of a Historic Preservation Ordinance which
would require the preservation of historic structures
within the City. The Applicant shall comply with such
Historic Preservation Ordinance upon its adoption,
specifically with respect to the Hacienda Del Gato ranch
house and surrounding appurtenant property located within
the tract.
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