CC Resolution 1991-040^#> 4
CITY COUNCIL RESOLUTION NO. 91*4O
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND GRANTING
APPROVAL OF AN AMENDMENT TO TRACT NO.
26016.
CASE NO. TRACT 26016, AMENDMENT #1
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 8th day of May, 1990, hold a
duly-noticed Public Hearing recommending confirmation of the
environmental analysis and approval of the request of Chateau
Estates, to subdivide 5.3+_acres into 18 custom single-family
lots, generally located at the southwest corner of Park Avenue
& 50th Avenue, more particularly described as:
LOT 82, TRACT 25429
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 5th day of June, 1990, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning the
environmental analysis and Tract Map No. 26016; 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 has
determined after initial study Environmental Assessment No.
90-164) that the project will not have a significant adverse
impact on the environment and that a Negative Declaration has
been adopted; and
WHEREAS, the Planning Commission of the City of La
Quinta California, did on the 14th day of May, 1991, consider
the Applicants request to modify condition #19, Tract #26016;
and,
WHEREAS, the Planning Commission recommended to the
City Council approval of the amendment; and,
WHEREAS, the City Council of the City of La Quinta
did on the 4th day of June, 1991, considered the Applicant's
request and the recommendation of the Planning Commission; and,
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^#> WHEREAS, on the 4th day of June, 1991, the City
Council did find the following facts to justify the approval of
the proposed amendment o* Tract 26016:
1. That Tract 26016, as amended and 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-l zoning
district development standards, and design requirements
of the Subdivision Ordinance.
2. That the subject site has been graded with street
improvements installed and are therefore suitable for the
proposed land division.
3. That the design of Tract Map 26016, Amendment #1 will not
cause environmental damage or injury to the wildlife
habitat.
4. That the design of the subdivision, as conditionally
approved, will be developed with public sewer and water,
and therefore, it is unlikely to cause serious public
health problems.
5. That the design of Tract Map 26016, Amendment #1 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 Tract 26016, Amendment #1, as conditioned,
provides for adequate maintenance of the landscape buffer
areas.
7. That the proposed Tract 26016, Amendment #1, as
conditioned, provides storm water retention, 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.
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 Council in this case;
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^#> 2. That it does hereby confirm the conclusion of the
Environmental Assessment No. 90-164, in that the
approval of this amendment for the Tract map will
not result in a significant adverse impact on the
environment.
3. That it does hereby approve the amendment for Tract
Map No. 26016 for the reasons set forth in this
Resolution and subject to the attached conditions
labeled Exhibit A11.
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 4th day of June,
1991, by the following vote, to wit:
AYES: Council Members Bohnenberger, Rush*ortn, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Franklin
ABSTAIN: None
City of La Quinta, California
UNDRA L. JUHO City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
&
City Attorney
City of La Quinta, California
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^#> CITY COUNCIL RESOLUTION 91-40
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 26016, AMENDMENT *1
EXHIBIT A"
JUNE 4, 1991
* Amended by City Council on June 4, 1991
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 26016, marked Exhibit A", 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 approval by the La Quinta City Council unless
approved for extension pursuant to the City of La Quinta
Land Division Ordinance.
3. All applicable conditions of Tract 25429 shall be met.
4. The Tract layout shall comply with R-1 zoning
requirements, with minimum lot sizes of 7,200 square feet.
5. A minimum 20-foot landscaped setback shall be provided on
50th Avenue and minimum 10-foot landscaped setback on
Park Avenue. Design of the setback shall be approved by
the Planning and Development Department. Setback shall
be measured from ultimate right-of-way line.
6. 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.
b. Planting of cover crop or vegetation upon
previously graded but undeveloped portions of the
site.
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.
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Conditions of Approval TT 26016, Amendment *1 June 4, 1991
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. Owner shall execute and record a Declaration of
Dedication" in a form acceptable to the City and offering
the dedication of drainage retention basin(s) and
landscape buffer areas to the City for future acceptance
and maintenance. In the interim, the owners shall
maintain the basin(s) and perimeter landscaping and
provide bond assurance accordingly prior to final map
approval.
9. The subdivider shall make provisions for maintenance of
all landscape buffer and storm water retention areas 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
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,
with an 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 as
follows:
1) Storm water retention system.
2) Twenty-foot perimeter parkway lot along 50th
Avenue and 10-foot perimeter parkway lot
along Park Avenue.
3) All common area landscaping.
4) All private streets, including all street
medians.
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^#> Conditions of Approval TT 26016, Amendment #1 June 4, 1991
10. Design and architectural standards beyond the R-1 Zone
requirements for the residences shall be submitted to the
Planning and Development Department for review and
approval prior to final map recordation. All approved
standards shall be included in the CC&Rs.
11. 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, walls, and
landscaping, etc.), and other techniques so as to avoid
the isolated appearance given by walled developments.
12. If the tract is phased, tract phasing plans, including
phasing of public improve*ents, shall be submitted for
review and approval by the Public Works Department and
the Planning and Development Department prior to final
map approval.
13. Applicant shall submit proposed street names with
alternatives to the Planning and Development Department
for approval prior to final map approval.
14. 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.
15. Prior to final map approval, the subdivider shall submit
general criteria to be used for landscaping of all
individual lot front yards. At a minimum, the criteria
shall provide for two trees five trees on a corner)
shrubs, groundcover, and an irrigation system.
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Conditions of Approval TT 26016, Amendment *1 June 41 1991
16. The Applicant shall install a six-foot-high block sound
wall per the Noise Study requirements along the entire
length of tract boundary that adjoins Avenue 50 and Park
Avenue, except adjacent to retention basin where a
decorative fence may be used. The wall design shall have
an aesthetically pleasing appearance as approved by the
Planning Director. A 6-foot high block or block/steel
wall shall be provided along the north side of the
retention basin.
17. 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 & Development Department, Planning Div.
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.
18. 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.
*19. One or two story, maximum 25 foot high residential units
shall be allowed on Lots 10 through 16. The Applicant
shall amend the CC & R's to include disclosure that a
City park including a childcare center, Boys and Girls
Club, lighting, and other recreational uses may be
constructed on the north side of 50th Avenue across from
Lots 10-16.
20. 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/construction signs.
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^#> Conditions of Approval TT 26016, Amendment #1 June 4, 1991
21. The Developer shall construct landscaping trees and
lawn/groundcover) and irrigation Systems for drainage
retention basin(s) and perimeter areas. The Developer
shall maintain the drainage basin(s) and perimeter areas
for one year following dedication acceptance by the City.
22. 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 26016 and Environmental Assessment
90-164, 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 Environmental
Assessment 90-164 and Tentative Tract 26016, 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 Environmental Assessment 90-164
and Tentative Tract 26016. The Planning and Development
Director may require inspection or other monitoring to
assure such compliance.
PUBLIC SERVICES AND UTILITIES
23. The Applicant shall comply with the requirements of the
City Fire Marshal per their letter dated April 5, 1990.
24. The Applicant shall comply with all requirements of the
Coachella Valley Water District per their letter dated
April 6, 1990.
ENGINEERING DEPARTMENT:
25. The Applicant shall vacate vehicle access rights to 50th
Avenue and Park Avenue from all abutting individual
lots. Access to these streets from this subdivision
shall be restricted to street intersections only.
26. The Applicant shall have street improvement plans for
public and private streets) prepared by a registered
civil engineer. The 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 mm. for
residential streets). Street design shall take into
account the soil strength, the anticipated traffic
loading, and street design life.
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^#> I
Conditions of Approval TT 26016, Amendment #1 June 4, 1991
27. The Applicant shall have a registered civil engineer
prepare the grading plan. The registered engineer or
land surveyor shall: 1) provide written certification
prior to issuance of any building permits that the
constructed rough grade conforms with the approved
grading plans and grading permit; and, 2) provide written
certification of the final grade and verification of pad
elevations prior to receiving final approval of the
grading.
28. The Applicant shall submit a copy of the proposed
grading, landscaping and irrigation plans to the
Coachella Valley Water District for review and coment
with respect to the District*s Water Management Program.
29. A thorough preliminary engineering, geological, and soils
engineering investigation shall be conducted with a
report submitted for review along with the grading plan.
The report 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. Pursuant to
Section 11568 of the Business and Professions Code, the
soils report certification shall be indicated on the
final subdivision map.
30. All underground utilities shall be installed, with
trenches compacted to City standards, prior to
construction of any street improvements. A soils
engineer retained by the Applicant shall provide
certified report of soil compaction tests for review by
the City Engineer.
31. 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.
32. The Applicant shall pay all fees charged by the City as
required for processing, plan checking and construction
inspection. The fee amount(s) shall be those which are
in effect at the time the work is undertaken and
accomplished by the City.
33. The right-of-way dedications for public streets shall be
as follows:
Interior private streets: 37-feet between curb
backs, plus corner cut-backs at intersections, plus
5-foot wide public utility easements outside the
right-of-way on both sides, plus suitable
right-of-way conforms for **knuckle'* turns all as
required by the City Engineer.
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^#> ii
Conditions of Approval TT 26016, Amendment *1 June 4, 1991
34. The Applicant shall quit claim land as needed in old
Adams Street right-of-way to provide access to Tract
25389 at its main entrance on Park Avenue in a
simultaneous action when the old Adams Street
right-of-way vacation is recorded. As an alternative to
the foregoing requirement, the Applicant may offer the
subject parcel for dedication on the final tract map.
35. The Applicant shall construct, or enter into agreement to
construct, street improvements for the following streets
to the requirements of the City Engineer and the La
Quinta Municipal Code prior to approval of the final map.
a. Interior private streets: 36-foot wide street
improvements per Riverside County Standard Drawing
No. 104 including all appurtenant conforms and
amenities.
b. Interior cul-de-sac street: 36-foot wide street
improvements per Riverside County Standard Drawing
Nos. 105 and 800 including all appurtenant conforms
and amenities.
36. Storm water run-off produced in 24 hours by a 100-year
storm shall be retained on site in landscaped retention
basin(s) designed for a maximum water depth not to exceed
six feet. The basin slopes shall not exceed 3:1. The
percolation rate shall be considered to be zero inches
per hour unless the Applicant provides site-specific data
that indicates otherwise. Other requirements include,
but are not limited to, a grassed ground surface with
permanent irrigation improvements, and appurtenant
structural drainage amenities all of which shall be
designed and constructed in accordance with requirements
deemed necessary by the City Engineer.
37. The tract shall be graded in a manner so the building pad
elevation differential between contiguous lots within the
tract, as well as the elevation differential with
contiguous lots of adjoining tracts, does not exceed
2.5-feet.
The Applicant is advised that compliance with this
condition, may require the import or export of earth.
Transport of earth to areas beyond the tract boundaries
shall be in accordance with requirements of the City
Engineer with all necessary provisions arranged by the
Applicant.
If the elevation differential requirement makes tract
development economically infeasible, the City will
consider and may approve other alternatives or
combinations of alternatives that promote homeowner
satisfaction as they relate to issues and concerns caused
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^#>Conditions of Approval TT 26016, Amendment $1 June 4, 1991
by pad elevations and nearby building heights. The
alternatives to the pad elevation differential
requirements shall be reviewed and approved by the
Planning Commission and City Council.
38. Street name signs shall be furnished and installed by the
developer in accordance with City standards.
39. The Applicant shall install an 8-foot wide
sidewalk/bikeway in the parkway along Park Avenue from
the access drive to Tentative Tract 25389 to Avenue 50.
40. A common area lot shall be established for that area
between the tract perimeter wall and street right-of-way
for Avenue 50 20-feet) and Park Avenue 10-feet).
Landscape maintenance responsibility of the total common
lot and street landscape parkway shall be the
responsibility of the development.
41. All existing utilities on or adjacent to the site shall
be underground.
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^#>11.44.080
recreation area, or occupy the vehicle so that the free passage or use thereof by persons or vehicles passing
along the same is obstructed in any unreasonable manner. Or* 10 1 *art), 1982)
11.44.090 Children visiting parks with lakes.
No parent or guardian, or any person having the custody of any child under the age of eight years.
shall cause, permit or allow the child to enter or visit any public park or recreation area having a lake
widun the boundaries of the park or recreation area unless the child is accompanied by a person of not
less than sicteen years of age. Ord. 10 1 part), 1982)
414
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