CC Resolution 1991-0572
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CITY COUNCIL RESOLUTION 91-57
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA GRANTING
APPROVAL OF SPECIFIC PLAN 87-011,
AMENDMENT #1 AND CONCURRENCE WITH
ENVIRONMENTAL ASSESSMENT 91-207.
CASE NO. SP 87-011, AMENDMENT #1 BIRTCHER
WHEREAS, the Planning Comission of the City of La
Quinta, California, did, on the 25th day of June, 1991, hold a
duly-noticed Public Hearing and continued Public Hearing on
July 16, 1991, to consider the request of Birtcher for approval
of an Amendment to a Specific Plan to allow an Amendment to a
previously approved Specific Plan for a mixed use development
consisting of a combination of retail, office, commercial
services, entertainment, and restaurants on 65.4 acres,
generally bounded by Highway 111, Adams Street future), 47th
Avenue, Washington Street, and Simon Drive, more particularly
described as:
A PORTION OF THE NORTHEAST QUARTER
OF SECTION 30, T5S, R7E, S.B.B.M.
WHEREAS, the City Council of the City of La Quinta,
California, upon receiving the report and recommendation of the
Planning Commission, did fix the date for Public Hearing to
consider said request; and,
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 2nd day of July, 1991, hold a
duly-noticed Public Hearing and continued Public Hearing on
July 16, 1991, to consider the Applicant's request and
recommendation of the Planning Commission concerning Specific
Plan 87-011, Amendment #1; and,
WHEREAS, said Specific Plan request has complied
with the requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director has
conducted an initial study and has determined that, although
the project could have a significant adverse impact on the
environment, the mitigation measures incorporated into the
Conditions of Approval will mitigate those project impacts to
levels of insignificance; and,
WHEREAS, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Specific Plan 87-011, Amendment #1, thereby
requiring that monitoring of those mitigation measures be
undertaken to assure compliance with them; and,
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WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts and reasons to justify approval of
said Specific Plan Amendment:
1. The proposed Specific Plan Amendment is consistent with
the goals and policies of the La Quinta General Plan.
2. The Specific Plan Amendment is compatible with the
existing and anticipated area development.
3. The project will be provided with adequate utilities and
public services to ensure public health and safety.
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;
2. That it does hereby confirm the conclusion of
Environmental Assessment 91-207, indicating that the
proposed Specific Plan will not result in any significant
environmental impacts as mitigated by the recommended
Conditions of Approval;
2. That it does hereby grant approval of the above-described
Specific Plan Amendment request for the reasons set forth
in this Resolution, and subject to the attached
Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 16th day of July,
1991, by the following vote, to wit:
AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff &
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
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ATTEST:
RAL.JUOL**tyClerk
City of La Quinta, California
APPROVED AS TO FORM:
*
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 91-57
CONDITIONS OF APPROVAL FINAL
SPECIFIC PLAN 87-011, AMENDMENT #1 BIRTCHER
JULY 16, 1991
* Mitigation measures for Environmental Assessment 90-207
** Amended by Planning Commission 6-25-91
+ Amended by City Council 7-16-91
PLANNING DEPARTMENT
1. The development shall comply with Exhibit 91A", the Specific Plan document for
Specific Plan 87-011, Amendment #1 and the following conditions, which shall
take precedence in the event of any conflicts with the provisions of the
Specific Plan.
2. Within 150 feet of the Washington Street right-of-way, all buildings shall not
exceed of height of one story with exact building height to be determined at
time of plot plan approval.
3. The following Specific Plan text changes shall apply:
a. Page IV-4 2.b. Site Uses-Permitted Uses: animal care, automotive
cleaning, automotive rental agencies, and
automotive service station shall be subject to
approval of a conditional use permit.
b. Page VII-5 B. Processin*: the second and third sentence as
follows shall be deleted, The Planning Director
shall approve, conditionally approve, or disapprove
a plot plan based upon these standards. A
determination shall be made within 30 days after
accepting the completed application and give notice
of the decision, including any required conditions
of approval by mail to the Applicant and any other
persons requesting notice."
c. Page VIII-1 A.1. Required Approvals-Plot Plans: The following
sentence shall be modified as follows Plot plans
shall be subject to review and approval by the City
of La Quinta ***ng---*reeter Plannin*
Commission.
A.2. Required Approvals-Environmental Information: In
the last sentence the Planning Director's plot plan
review" shall be changed to read, Planning
Commission's plot plan review".
B 1. Minor Revisions: The words Development Review
Board" at end of sentence shall be deleted.
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Conditions of Approval SP B7*O11 July 16, 1991
d. Page VIII-2 C. Major Revisions: Reference to City of La Quinta
Development Review Board" on second line shall be
deleted.
D. Appeals: On second line Development Review
Board" shall be deleted.
e. Page VI-5 3. On-Site landscapin*: In the last paragraph,
minimum tree size shall be 24 inch box, not 15
gallons.
*4 A six foot high solid masonry sound wall shall be constructed in the dirt
median which is located between Washington Street and the frontage road
which exists between Singing Palms Drive and Highland Palms Drive adjacent
to frontage of site. Design and construction of wall shall be subject to
approval of the City prior to issuance of building permit for wall. Wall to be
built at time first building permit is issued.
5 A six foot high decorative block wall shall be used to screen service areas from
view from 47th Avenue. Location of these screen walls shall be based on the
final design approved by the Planning commission for each planning area.
Design and construction of the wall shall be subject to approval of the City
prior to issuance of building permit for wall.
*6. All architectural and landscaping plans shall be reviewed and approved by the
Design Review Board and Planning Commission.
*7 Fringe-Toed Lizard mitigation fee of $600 per acre shall be paid prior to any
land disturbance activities i.e., grading permit).
*8. 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., grading permit).
*9 Mitigation measures as recommended by archaeological study prepared by LSA
Associates shall be implemented prior to any land disturbance activities i.e.,
grading permit).
10. Specific Plan 87-011 text shall be revised as approved within a minimum two
sets of text being submitted to the Planning and Development Department for
approval prior to issuance of first recordation of first tract map in project
area.
11. Approval period of the Specific Plan shall run in conjunction with the Vesting
Tentative Tract 27031.
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Conditions of Approval SP 87-011 3uly 16, i**i
12. 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 submission of building plans for plan check or issuance of
grading permit, whichever comes first. The study shall concentrate on noise
impacts on building interior areas from perimeter streets, and impacts on the
proposed residential uses to the south and west and provide mitigation of
noise as required in the General Plan. The study shall recommend alternative
mitigation measures for incorporation into the project design. Study shall
consider use of building setbacks, engineering design, building orientation,
noise barriers, berming, landscaping and walls, etc.) and other techniques.
13. 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 SP 87-011 and EA 91-227 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 91-207 and SP 87-011 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 91-207 and SP
87-011. The Planning and Development Director mayrequire inspection or
other monitoring to assure such compliance.
14. That all billboards and other advertising devices along Highway 111 shall be
removed prior to issuance of first building permit in project.
PUBLIC UTILITIES:
15. All requirements of Caltrans as noted in their letter dated April 17, 1991, shall
be complied with.
16. That all conditions of Coachella Valley Water District CVWD) as noted in their
letter dated August 5, 1988, shall be met.
+17. That bus turnouts and passenger waiting shelters shall be provided as
required by Sunline Transit in their letter dated April 17, 1991, if possible.
18. That all conditions of the Riverside County Fire Department as stated in their
letter dated March 29, 1991.
ENGINEERING DEPARTMENT:
*19. Applicant shall dedicate public street right of way and utility easements in
conformance with the city9s General Plan, Municipal Code, applicable Specific
Plans if any, and as required by the City Engineer, as follows:
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Conditions of Approval SP 87-011 July 16, 1991
a. Highway 111 Major Arterial half width) or as required by
Caltrans;
b. Adams Street Primary Arterial, 55-foot half width;
*20. Applicant shall vacate vehicle access rights to Highway 111, Washington
Street, Adams Street, and Avenue 47 from all abutting lots. Access to these
streets from this land division shall be restricted to street access points
shown on the Internal Circulation Plan, Figure v-i revised at City Council
meeting of 7/16/91), in Specific Plan 87-011 Amendment #1
*21. Turning movements of traffic accessing the subject subdivision shall be as
follows:
Hi*hway 111
a. Simon Drive: left and right turns in and out are allowed;
b. Lot D between lots 14 and 15: left and right turns in and out are
allowed;
c. Lot D between lots 17 and 18: right turn in and out only.
** Washin*ton Street
a. Simon Drive: right turn in and out only;
b. Lot E: right turn in and out only; an opening in the median
island to permit left turns in and out may be approved by the
City Council at a future date if a traffic study confirms the need
for this median opening.
c. Figure V-i, north of 47th Avenue: right in and out only at
access locations shown in Specific Plan 87-011, Amendment #1.
Adams Street
a. Lot C: right turn in and out only.
Avenue 47
+ a. At access locations shown in Specific Plan 87-011 Amendment #1
Figure V-i revised at City Council meeting of 7/16/91): right
and left turns in and out are allowed.
22. Applicant shall provide a fully improved landscaped setback lot or easement
of noted width adjacent to the following street right of ways
a. Highway 111, 38-feet wide;
b. Washington Street, 20-feet wide;
e. Adams Street, 20-feet wide;
d. Avenue 47, 10-feet wide;
e. Simon Drive, 10-feet wide.
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Conditions of Approval SP 87-011 July 16, 1991
23. 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.
24. The tract grading plan shall be prepared by a registered civil engineer and
approved by the City Engineer prior to final map approval.
*25. 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 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 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.
*26. Storm water run-off produced in 24 hours by a 100-year storm shall be
retained on site in landscaped retention basin(s) or discharged to the
Whitewater Channel via a storm drain system installed by the Applicant. If
the retention basin option is elected, it shall be 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.
The tributary drainage area for which the Applicant is responsible shall
extend to the centerline of any public street contiguous to the site.
+27. Lot 8 shall not be used as a retention basin as shown on the vesting map. All
retention basin locations shall be approved by the City Engineer.
28. 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 5000 square feet of landscaping per day.
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Conditions of Approval SP 87-011 July 16, 1991
*29. 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 LQMC and adopted Standard Drawings,and
City Engineer and shall include all appurtenant components required by same,
except mid-block str*et 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.
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
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.
The following specific street widths shall be constructed to conform with the
General Plan street type noted therewith:
a. ON-SITE STREETS
1.) All streets shown on vesting map: One 14-foot wide travel lane in
each direction separated by a 12-foot wide continuous two-way left
turn lane, or approved equivalent; minimum total width shall be 40
feet or as approved by the City Engineer.
b. OFF-SITE STREETS
1.) Highway 111 Simon Drive to Adams Street) Install, or participate
in the cost of, one-half Major Arterial improvements per Caltrans
requirements, improvements includes half of the raised median,
refer to the Project Study ReportiProject Report approved by
Caltrans in March 1991.
2.) Washington Street Simon Drive to Avenue 47) Install half width
Major Arterial, improvement includes one half of raised median,
refer to General Plan Figure VII-2. Applicant shall reimburse City
for improvements previously installed on east side of centerline.
** 3.) Adams Street Highway 111 to Avenue 47) Install three-quarter
width Primary Arterial 3 of 4 travel lanes for 86' width improvement
option), improvement includes full width raised median and 16-foot
wide north bound travel lane, refer to Std Dwg #100. Applicant to
be reimbursed for street improvements between south property line
and 47th Avenue based on fair share determination of land mass.
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Conditions of Approval SP 87-011 July 16, 1991
4.) Avenue 47 portion contiguous to tract) Reimburse developer that
installed improvements for that portion located on the north side on
the centerline. Reimbursement shall include responsibility for 25%
of the cost to design and construct the signal at Avenue 47 and
Washington Street.
*30. Applicant shall construct, or enter into agreement to construct, the site
grading, off-site public improvements and utilities, and on-site common area
improvements before the final map is recorded. Applicant shall pay cash, in
lieu of and equivalent to the respective fair-share construction cost, for those
improvements that the Applicant has partial cost responsibility and construction
must be deferred until the full complement of funding is available. Payment of
cash may be deferred to a future date mutually agreed by Applicant and City,
provided security for said future payment is posted by Applicant.
31. Applicant shall construct an eight-foot wide meandering bike path in the
easterly parkway and landscaped setback lot leasement along Washington Street
and Highway 111 in lieu of the standard six-foot wide sidewalk.
32. Applicant shall provide a blanket easement that covers the entire landscaped
setback lot/easement for the purpose of a meandering public sidewalk.
33. 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.
34. All underground utilities shall be installed, with trenches compacted to city
standards, prior to construction of any street improvements. A soils engineer
retained by Applicant shali provide certified reports of soil compaction tests for
review by the City Engineer.
35. 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.
36. A Caltrans encroachment permit must be secured prior to construction of any
improvements along State Highway 111, and all Caltrans requirements shall be
implemented.
37. 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 certify
compliance with the plans, specifications, applicable codes, and ordinances.
The engineer retained or designated by the Applicant to implement this
responsibility shall provide the following certifications and documents upon
completion of construction:
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Conditions of Approval SP 87-011 July 16, 1991
a. The engineer shall sign and seal a statement placed on the as built" plans
that says all grading) improvements) on these plans were properly
monitored by qualified personnel under my supervision during construction
for compliance with the plans and specifications and the work shown hereon
was constructed as approved, except where otherwise noted hereon and
specifically acknowledged by the City Engineer
b. Prior to issuance of any building permit, the engineer shall provide a
separate document, signed and sealed, to the City Engineer that documents
the building pad elevations. The document shall, for each lot in the tract,
state the pad elevation approved on the grading plan, the as built elevation,
and clearly identify the difference, if any. The data shall be organized by
tract phase and lot number and shall be cumulative with each submittal if the
data is submitted at different times.
c. Provide to the City Engineer a signed set of as built" reproducible
drawings of the grading and improvements installed by the Applicant.
38. 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.
39. Landscape and irrigation plans for the landscaped lots/easements shall be
prepared in conformance with requirements of the Planning Director, and City
Engineer, and approved by same officials prior to construction.
40. Applicant shall maintain the landscaped areas of the subdivision such as the
landscaped setback lots/easements and retention basins until accepted by the
City Engineer for maintenance by a merchant's association of the subdivision.
41. Applicant shall provide an Executive Summary Maintenance Booklet for the
street, landscape irrigation perimeter wall, and drainage facillties installed in
the subdivision. The booklet should include drawings of the facillties,
recommended maintenance procedures and frequency, and a costing algorithm
with fixed and variable factors to assist the merchant's association in planning
for routine and long term maintenance.
*42. Applicant shall construct a 6-foot wide, 150-foot long landscaped island in the
+ center of Simon Drive in the transit station vicinity to the satisfaction of the
City Engineer, if and when the transit station is installed.
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