CC Resolution 1991-0552
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RESOLUTION 91-55
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 26853 TO ALLOW THE CREATION OF A
CUSTOM HOME LOT SUBDIVISION ON A 19.3 ACRE SITE.
CASE NO. TT 26853 A & H DESERT PROPERTIES 90
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 11th day of June, 1991, hold a duly noticed Publlc Hearing to consider the
request of A & H Desert Properties 90 to subdivide 19 3 acres into 52 custom single
family lots generally located on the north side of 58th Avenue approximately a
quarter of a mile west of Madison, more particularly described as:
PARCELS 1, 2, 3, AND 4 AND LETTERED
LOTS A THROUGH D, INCLUSIVE, OF
PARCEL MAP NO.8834, RECORDED IN BOOK
75, PAGES 65 AND 66 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 18th day of June, 1991, 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 26769; and,
WHEREAS, said Tentative Map has compiled with the requirements of
The Rules to Implement the California Environmental Quailty Act of 1970" County
of Riverside, Resolution 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 Map will not have a significant adverse impact on
the environment; and,
WHEREAS, mitigation of various physical impacts have been identified
and incorporated into the approval conditions for Tentative Tract 26853, thereby
requiring that monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
WHEREAS, at said Pubilc 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 recommendation for approval
of said Tentative Tract Map:
1. That Tentative Tract 26853, 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 design requirements of the Subdivision Ordinance
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2. That the subject site is fairly level with the southeast being the lowest part
of the site. The proposed circulation design and single family lot layouts, as
conditioned, are, therefore, suitable for the proposed land division.
3. 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.
4. That the design of Tentative Tract 26853 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.
5. That the proposed Tentative Tract Map 26853, as conditioned, provides for
adequate maintenance of the landscape common areas.
6. That the proposed Tentative Tract 26853, as conditioned, provides storm
water retention, park facilities, and noise mitigation.
7. 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, 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 constitute the findings of the
Commission in this case;
2. That it does hereby confirm the conclusion of Environmental Assessment 91
200, relative to the environmental concerns of this Tentative Tract
3. That it does hereby approve Tentative Tract 26853 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 2nd day of July, 1991, by the following vote, to
wit:
AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Franklin
ABSTAIN: None
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^ ?* City of La Q inta, alifornia
A&TTET:d*
***DRA L. JUHOLA,*ity Clerk
City of La *uinta, California
APPROVED AS TO FORM
I
DAWN HONEYWELL', City Attorney
City of La Quinta, California
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^ ?*CITY COUNCIL RESOLUTION 91-
CONDITIONS OF APPROVAL RECOMMENDEDED
TENTATIVE TRACT 26853
JULY 2, 1991
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 26853 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 original
date of approval by the La Quinta City Council unless approved for extension
pursuant to the City of La Quinta Land Division Ordinance.
3. The City shall retain a qualified archaeologist, with the Developer to pay
costs, to prepare a mitigation and monitoring plan for artifact location and
recovery. Prior archaeological studies for this site as well as other
unrecorded information shall be analyzed prior to the preparation of the plan.
At a minimum, the plan shall: 1) identify the means for digging test pits; and
2) provide for further testing if the preliminary results show significant
material are present. The final plan shall be submitted to the Planning and
Development Department for final review and approval.
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 their authorized representatives shall have the
authority to temporarily diver, 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 overile 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 analyses to be prepared and published
and submitted to the Planning and Development Department.
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Condition* of Approval TT 26853 July 2, 1991
4. A biological assessment shall be prepared by a qualified biologist to determine
existence of Flat-Tailed Horned Lizards on site. MItigation measures as
recommended by assessment shall be complied with.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL
5. Prior to final map approval by the City Council, the Applicant shall meet the
parkiand dedication requirements as set forth in Section 13.24.030, La Quinta
Municipal Code, by paying parkiand fees in lieu, as may be determined in
accordance with said Section.
6. A noise study shall be prepared by a qualified acoustical engineer, to be
submitted to the Planning & 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.
7. If the tract is phased, tract phasing plans, including phasing of public
improvements, shall be submitted for review and approval by the Planning and
Development Department and Engineering Department prior to final map
approval.
8. Applicant shall submit proposed street names with alternatives to the Planning
and Development Department for approval prior to final map approval.
9. Design and architectural standards for the residences shall be submitted to
the Planning Commission or Design Review Board for review and approval
prior to final map recordation. All approved standards shall be included in
the CC&R's. A copy of the CC&R's shall be submitted to the Planning
Department for review.
TRACT DESIGN
10. A minimum 20-foot landscaped setback shall be provide on 58th Avenue.
Design of the setback shall be approved by the Planning and Development
Department. Setback shall be measured from ultimate right-of-way line.
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 #27, unless an alternate method is
approved by the Planning and Development Department.
11. The tract layout shall comply with all the R-1 zoning requirements, including
minimum lot size and minimum average depth of a lot.
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Conditione of Approval TT 26853 July 2, 1991
WALLS, FENCING, SCREENING, AND LANDSCAPING
12. 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 activity.
b. Planting of cover crop or vegetation upon previously graded by
undeveloped portions of the site.
c. Provisions 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 Directors of
Public Works and Planning and Development. All construction and
graded areas shall be watered at least twice daily while begin used to
prevent the emission of dust and blowsand.
13. 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.
14. Prior to final map approval, the Applicant shall submit to the Planning
Department for review and approval a preliminary plan or plans) showing the
following:
a. Landscaping, including plant types, sizes, spacing, location, and
irrigation system for all retention basin, landscape buffer, and entry
areas. Desert or native plans species and drought resistant planting
material shall be incorporated into the landscape plan. Lawn use shall
be minimized and not used adjacent to curb. No spray heads shall be
used adjacent to curb.
b. Location and design detail of any proposed and/or required wall and
meandering sidewalk.
c. Exterior lighting plan, emphasizing minimization of light glare impacts
to surrounding properties.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS
15. 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:
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Conditions of Approval TT 26853 July 2, 1991
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning & Development Department
o Coachella Valley Water District
o Coachella Valley Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the above-mentioned agencies
shall be presented to the Building and Safety Department at the time of the
application for a building permit for the use contemplated herewith.
16. 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.
17. Seventy-five percent 75%) of dwelling units within 150 feet of the ultimate
right-of-way of 58th Avenue shall be limited to one story, not to exceed 22
feet in height.
18. The appropriate Planning approval shall be secured prior to establlshing any
of the following uses:
a. Temporary construction facillties.
b. Sales facilities, including their appurtenant signage.
c. On-site advertising I construction signs.
19. Prior to the issuance of a grading permit, the Appilcant 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 91-200 and Tentative Tract 26853,
which must be satisfied prior to the issuance of a grading permit. Prior to the
issuance of a building permit, the Appilcant shall prepare and submit a
written report to the Planning and Development Director demonstrating
compilance with those conditions of approval and mitigation measures of
Environmental Assessment 91-200 and Tentative Tract 26853, which must be
satisfied prior to the issuance of a building permit. Prior to final building
inspection approval, the Appilcant shall prepare and submit a written report
to the Planning and Development Director demonstrating compilance with all
remaining conditions of approval and mitigating measures of Environmental
Assessment 91-200 and Tentative Tract 26853. The Planning and Development
Director may require inspection or other monitoring to assure such
compliance.
PUBLIC SERVICES AND UTILITIES
20. The Applicant shall comply with all the requirements of the City Fire Marshal
as stated in the memo dated May 13, 1991.
21. The Applicant shall comply with all requirements of the Coachella Valley Water
District.
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Conditione of Approval TT 26853 July 2, 1991
ENGINEERING DEPARTMENT CONDITIONS:
22. Applicant shall dedicate public street right of way and utility easements in
conformance with the city's General Plan, Municipal Code, applicable Specific
Plans if any, and as required by the City Engineer, as follows:
A. 58th Avenue Primary Arterial, 55 foot half width.
23. The Applicant shall provide a separate lot or lots for private road purposes
to be owned in common by owners of the residential lots in the land division.
The private road(s) shall conform to the City's General Plan, Municipal Code,
applicant Specific Plans if any, and as required by the City Engineer, as
follows:
A. All private streets local street 37 feet full width.
24. Applicant shall vacate vehicle access rights to 58th Avenue from all abutting
lots. Access to 58th Avenue from this land division shall be restricted to
street intersections only.
25. Applicant shall provide a fully improved landscaped setback lot of noted width
adjacent to the following street right of way(s):
A. 58th Avenue, 20 feet wide minimum).
26. The Applicant shall provide 10 foot wide public utility easements on each side
of the private road lot(s).
27. Landscape and irrigation plans for the landscaped lot(s) shall be prepared in
conformance with requirements of the Planning Director, and City Engineer,
and approved by same officials prior to construction.
28. Applicant shall maintain the landscaped areas of the subdivision such as the
landscaped setback lots and retention basins until accepted by the City
Engineer for maintenance by the homeowner1s association of the subdivision.
29. Applicant shall construct, or enter into agreement to construct, the tract
grading and public or quasi-public improvements before the final map is
recorded. Applicant shall pay cash, in lieu of and equivalent to the
respective construction cost, for those improvements which involve fair-share
responsibility that must be deferred until the full complement of funding is
available. Payment of cash in lieu of construction may be deferred to a future
date mutually agreed by Applicant and City Engineer, provided security for
said future payment is posted by Applicant.
30. The tract grading plan shall be prepared by a registered civil engineer and
approved by the City Engineer prior to final map approval.
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Conditions of Approval TT 26853 July 2, i**i
31. Applicant shall retain a California registered civil engineer, or designate one
who is on Applicant's staff, to exercise sufficient supervision and quality
control during construction of the tract grading and improvements to insure
compliance with the plans, specifications, applicable codes, and ordinances.
The engineer retained or designated by Applicant and charged with the
compliance responsibility shall make the following certifications upon
completion of construction:
a) all grading and improvements were properly monitored by qualified
personnel during construction for compliance with the plans,
specifications, applicable codes, and ordinances and thereby certify the
grading to be in full compliance with those documents.
b) the finished building pad elevations conform with the approved grading
plans.
32. The tract shall be designed and graded in a manner so the difference in
building pad elevations between contiguous lots that share a common street
frontage or join lots with adjoining existing tracts or approved tentative tracts
does not exceed three feet. The pad elevations of contiguous lots within the
subject tract that do not share a common street shall not exceed five feet.
33. The Applicant shall maintain wind erosion control at all times in all areas
disturbed by grading. The Applicant's method of erosion control shall be of
his choice provided the control results comply with the La Quinta Municipal
Code. The Applicant shall post sufficient security with the City prior to
receiving a grading permit to ensure compliance of this requirement.
34. Applicant shall install a trickling sand filter and leachfield in the retention
basin to percolate nuisance water in conformance with requirements of the City
Engineer.The sand filter and leach field shall be sized to percolate 160 gallons
per lot per day.
35. Applicant shall provide an Executive Summary Maintenance Booklet for the
street, landscape irrigation,perimeter wall, and drainage facilities installed
in the subdivision. The booklet should include drawings of the facilities,
recommended maintenance procedures and frequency, and a costing algorithm
with fixed and variable factors to assist the homeowner's association in
planning for routine and long term maintenance.
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
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.
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Conditions of Approval TT 26853 July 2, 1991
37. The tract shall be graded in a manner that permits storm flow in excess of the
retention basin capacity, caused by a storm event greater than the 100 year
24 hours event, to flow out of the tract through a designated emergency
overflow outlet and into the historic drainage relief route Similarly, the tract
shall be graded in a manner that anticipates receiving storm flow from
adjoining property at locations that has historically received flow for those
occasions when a storm greater than the 100 year 24 hour event occurs.
38. A thorough preliminary engineering, geological, and soils engineering
investigation shall be conducted with a report submitted for review along with
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. 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.
39. Access to the subdivision from 58th Avenue shall be limited to right turn
in/out movements only unless one of the following three alternative conditions
is implemented, in which case, then a full turn movement intersection will be
permitted.
a. The access road into TT 26853 is relocated to align with the access road
into TPM 25700.
b. The initial two year time period for recording TPM 25700 as a final map
expires with no approved extension in which case, a full turn movement
intersection will be permitted at the location shown on TT 26853.
c. The City Council requires the subdivider of TPM 25700 when its first
time extension is requested, to relocate the access road into said land
division to align with the access road into TT 26853.
40. Applicant shall have street improvement plans prepared by a registered civil
engineer. Street improvements shall be designed and constructed for all
streets within the proposed subdivision and for off-site streets as required
by these conditions of approval. All street improvements shall be designed
and constructed in accordance with the La Quinta Municipal Code and adopted
Standard Drawings,and City Engineer and shall include all appurtenant
components required by same, except mid-block street lighting, such as but
not limited to traffic signs and channelization markings, street name signs,
sidewalks, and raised medians where required by City General Plan. Street
design shall take into account the soil strength, anticipated traffic loading,
and design life. The minimum structural section for residential streets shall
be 3" AC over 4* Class 2 Base.
41. Miscellaneous incidental improvements and enhancements to existing
improvements where joined by the newly required improvements shall be
designed and constructed as required by the City Engineer to assure the new
and existing improvements are appropriately integrated to provide a finished
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Coflditiofl9 of Approval TT 26853 July 2, 1991
product that conforms with city standards and practices. This includes
tapered off-site street transitions that extend beyond tract boundaries and
join the widened and existing street sections.
42. The following specific street widths shall be constructed to conform with the
General Plan street type noted therewith:
A. ON-SITE STREETS
1. All private streets full width Local Street, 36 feet wide, refer
to Std. Dwg. #105; the cul-de-sac bulb shall have a 45 foot curb
radius.
B. OFF-SITE STREETS
2. 58th Avenue Appilcant may be required to install street
improvements or pay a cash in-lieu fee subject to forthcoming
determination by City Planning Commission and City Council.
Regardless which alternative is selected, the Applicant's
responsibility for 58th Avenue improvements shall be equal to all
required General Plan improvements appurtenant to a Primary
Arterial 86-feet width improvement option) on the north side of
the street centerline for a distance equal to 660-feet, refer to
Std. Dwg. #100.
43. Applicant shall construct an eight-foot wide meandering bike path in the
parkway and landscaped setback lot along 58th Avenue in lieu of the standard
six-foot wide sidewalk.
44. Applicant shall provide a blanket easement that covers the entire landscaped
setback lots for the purpose of providing a meandering public sidewalk.
45. Applicant shall submit a copy of the proposed grading, landscaping and
irrigation plans to the Coachella Valley Water District for review and comment
with respect to the District's Water Management Program.
46. All existing and proposed electric power lines with 12,500 volts or less, and
are adjacent to the proposed site or on-site, shall be installed in underground
facilities.
47. All underground utillties shall be installed, with trenches compacted to city
standards, prior to construction of any street improvements. A soils engineer
retained by Applicant shall provide certified reports of soil compaction tests
for review by the City Engineer.
48. Applicant 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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Conditions of Approval TT 26253 July 2, 1991
49. 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.
50. An encroachment permit for work in any abutting local jurisdiction shall be
secured prior to constructing or joining improvements.
51. All existing structures that are to be removed from the property shall be
removed, or an agreement secured with a performance bond has been executed
between Applicant and the city to assure said removal, prior to transmitting
the final map to the City Council for approval.
52. Applicant shall construct a guard gate and turn around area per plans
approved by the City Engineer. A minimum of 75 feet of stacking distance
between the northerly curb on 58th Avenue and the stopping point for driver
validation shall be provided. The turn around area shall be designed in a
manner that permits an automobile to complete the turn with only one back up
movement.
53. Applicant shall have the 20 foot wide private road easement contiguous to the
easterly tract boundary extinguished.
54. A biological assessment to determine whether the Flat-Tailed Horned Lizard
exists on site shall be prepared by the Applicant. Any mitigation measures
recommended shall be implemented prior to any land disturbance activities
i.e., gradingpermit).
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