CC Resolution 1991-084^#? II
RESOLUTION 91- 84
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, C'ALIFORNIA,
ANNOUNCING FINDINGS AND APPROVING
TENTATIVE TRACT 24950, AMENDMENT *1,
FIRST EXTENSION OF TIME
CASE NO. TT 24950 AMENDMENT #1 CHONG B. LEE
WHEREAS, the Planning Co*iission of the City of La
Quinta, California, did, on the 12th day of September, 1989,
hold a duly-noticed Public Hearing to consider the request of
Chong B. Lee to subdivide +9 acres into single-family
development lots for sale, generally located at the northeast
corner of Miles Avenue and Dune Palms Road, more particularly
described as:
THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 20, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO
BASE AND MERIDIAN;
WHEREAS, the City Council of the City of La Quinta,
California, did on the 3rd day of October, 1991, hold a duly
noticed Public Hearing to consider the Applicant's request and
recommendation of the Planning Commission concerning Tentative
Tract 24950 and make findings to justify the approval of the
application, and,
WHEREAS, The Planning Commission of the City of La
Quinta, California, did, on the 27th day of March 1989, hold a
duly-noticed Public Hearing to consider the request of Chong B.
Lee concerning Tentative Tract 24950 Amendment *1; and,
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 17th day of April 1990, hold a duly
noticed Public Hearing to consider the Applicant's request and
recommendation of the Planning Commission concerning Tentative
Tract 24950 Amendment #1, and make findings to justify the
approval of the application; and,
WHEREAS, said tentative map has complied with the
requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La Quinta
Ordinance No. 5), in that the Planning Director conducted an
initial study, and has determined that the proposed tentative
tract will not have a significant adverse impact on the
environment; and,
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WHEREAS, the owner, Chong Lee has applied for this
First Extension of Time for Tract 24950 in accordance with
Section 13.16.230 of the La Quinta Municipal Code relating to
Time Extensions on Tentative Maps First Extension of Time; and,
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 22nd day of October, 1991,
considered a request of the Applicant for the First One Year
Extension of Time; and,
WHEREAS, the City Council of the City of La Quinta,
California, did on the 5th day of November, 1991, consider a
request of the Applicant and recommendation of the Planning
Commission for the First One Year Time Extension of Time; and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts to justify the approval of said
Tentative Tract Map, First Extension of Time:
1. That Tentative Tract 24950, 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.
2. That the subject site has a rolling topography because of
the sand dunes with the west/central area 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 Tentative Tract Map 24950 may cause
substantial environmental damage or injury to the wildlife
habitat of the Coachella Valley Fringe-Toed Lizard, but
mitigation measures in the form of fees for a new habitat
area will lessen this impact.
4. That the design of the subdivision, as conditionally
approved, will be developed with public sewers and water,
and, therefore, is not likely to cause serious public
health problems.
5. That the design of Tentative Tract Map 24950 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 proposed Tentative Tract 24950, as conditioned,
provides for adequate m8intenance of the landscape buffer
areas.
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7. That the proposed Tentative Tract 24950, 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.
WHEREAS, in the review of this amended Tentative
Tract Map, First Extension of Time, 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 correct and
constitute the findings of the Council in this case;
2. That it does hereby confirm the conclusion of
Environmental Assessment 89-138 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve Tentative Tract Map 24950
Amendment *l, First Extension of Time, for the reasons set
forth in this Resolution and subject to the attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of
the La Quinta City Council, held on this 5th day of November,
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:
UNDRA L. JUH City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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F CITY COUNCIL RESOLUTION 91-
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 24950 AMENDMENT #1, FIRST EXTENSION OF TIME
NOVEMBER 5, 1991
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 24950 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 Applicant acknowledges that the City is
considering a City-wide Landscape and Lighting
District and, by recording a subdivision map,
agrees to be included in the District and to offer
for dedication such easements as may be required
for the maintenance and operation of related
facilities. Any assessments will be done on a
benefit basis, as required by law.
4. The 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.
The plan shall be submitted to the Coachella Valley
Archaeological Society CVAS) for a two-week review
and comment period. At a minimum, the plan shall:
1) identify the means for digging test pits; 2)
allow sharing the information with the CVAS; and 3)
provide for further testing if the preliminary
result show significant materials 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.
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
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 divert, 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 overlie 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 analysis to be prepared and
published and submitted to the Planning and
Development Department.
5. The Developer of this subdivision of land shall
cause no easements to be granted or recorded over
any portion of this property between the date of
approval by the City Council and the date of
recording of the final map without the approval of
the City Engineer.
Traffic and Circulation
6. The Applicant shall construct or bond for half
street improvements to the requirements of the City
Engineer and the La Quinta Municipal Code, as
follows:
a. Miles Avenue shall be constructed to City
standards for a 110-foot right-of-way width
Primary Arterial), with an 18-foot raised
median island, six-foot sidewalk, and
two-percent cross slope to centerline, plus
joins.
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^#? Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
b. Dune Palms Road shall be constructed to City
standards for an 88-foot right-of-way width
Secondary Arterial), with a curb-to-curb
width of 64 feet, with a five-foot sidewalk
and two-percent cross slope to centerline,
plus joins. Dune Palms Road shall be
designed for ultimate grade from Fred Waring
Drive to Miles Avenue, and constructed
adjacent to Tract 24950, and as necessary for
reasonable transitions and surface drainage
requirements.
c. The interior public street system shall be
designed pursuant to the approved Exhibit A
tract map) for TT 24950, with a six-foot
sidewalk and two-percent slope. Cul-de-sacs
shall be designed for a 50-foot right-of-way
with 36-foot width curb-to-curb and a
five-foot utility easement on both sides of
the street. The cul-de-sac turnaround shall
be per City standards. Lot A'9 shall be
designed for a 60-foot right-of-way, with a
curb-to-curb width of 40 feet.
Any variations to the approved street system
design sections shall be subject to review
and approval by the Public Works Department.
7. An encroachment permit for work in any abutting
local jurisdiction shall be secured prior to
constructing or joining improvements i.e., City of
Indio).
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL
B. Prior to final map approval by the City Council,
the Applicant shall submit a proposal to the
Planning Commission, for recommendation to the City
Council, for meeting parkland dedication
requirements as set forth in Section 13.24.030, La
Quinta Municipal Code. The proposal for dedication
shall be based upon a dedication requirement of
0.32 acres, as determined in accordance with said
Section.
9. A noise study shall be prepared by a qualified
acoustical engineer, to be submitted to the
Planning and Development Department for review and
approval prior to final map approval. The study
shall concentrate on noise impacts on the tract
from perimeter arterial streets, and recommend
alternative mitigation techniques. Recommendations
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Conditions of Approval
TT 24950, Anid. #1 1st Extension of Time
October 22, 1991
of the study shall be incorporated into the tract
design. The study shall consider use of building
setbacks, engineering design, building orientation,
noise barriers berming and landscaping, etc.), and
other techniques so as to avoid the isolated
appearance given by walled developments.
10. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and
approval by the Public Works Department and the
Planning and Development Department.
11. 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 hardscape 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.
12. 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 comon areas and
facilities will be maintained. A 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.
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
The common facilities to be maintained are as
follows:
1) Storm water retention system.
2) Twenty-foot perimeter parkway lot along
Miles Avenue.
3) Ten-foot perimeter parkway lot along
Dune Palms Road.
13. The Applicant shall submit complete detail
architectural elevations for all units, for
Planning Commission review and approval as a
Business Item. The architectural standards shall
be included as part of the CC & Rs.
14. Prior to recordation of a final map, the Applicant
shall pay the required mitigation fees for the
Coachella valley Fringe-Toed Lizard Habitat
Conversion Program, as adopted by the City, in the
amount of $600 per acre of disturbed land.
15. The approval herein contemplated by the City
Council is related to Change of Zone No. 89-047,
and no final map of the proposed subdivision shall
be recorded prior to the effective date of an
ordinance changing the official zoning
classification of the subject property to R-l.
Grading and Drainage
16. The Applicant shall submit a grading plan that is
prepared by a registered civil engineer who will be
required to supervise the grading and drainage
improvement construction and to certify that the
constructed conditions at the rough grade stage are
as per the approved plans and grading permit. This
is required prior to final map approval.
Certification at the final grade stage and
verification of pad elevations is also required
prior to final approval of grading construction.
17. The Applicant shall submit a copy of the proposed
grading, landBcaping, and irrigation plans to
Coachella valley Water District for review and
comment with respect to CVWD's water management
program.
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
18. 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.
19. Any earthwork on contiguous properties required a
written authorization from the owner(s) slope
easement) in a form acceptable to the City Engineer.
20. Drainage retention basin(s) shall be designed to
retain the 100-year storm 24 hour) on-site within
the basin, subject to the approval of the City
Engineer. Retention basin size shall be adequate
to provide required *storage** without use of street
area for storage. Basin in excess of six-foot
water depth shall be fully fenced security) with
lockable gate(s). The location of the retention
basin is subject to approval by the City Engineer
and the Planning and Development Department. If
the Applicant is unable to retain all run-off from
the 100-year storm, he shall obtain a letter from
the landowner receiving the flow stating that he
accepts the flow and release the Applicant from his
responsibilities to retain said flow.
Traffic and Circulation
21. Applicant shall comply with the following
requirements of the Public Works Department:
a. The Applicant shall dedicate all necessary
public street and utility easements as
required, including all corner cutbacks.
b. The Applicant shall submit street improvement
plans that are prepared by a registered civil
engineer. Street improvements, including
traffic signs and markings and raised median
islands if required by the City General
Plan), shall conform to City standards as
determined by the City Engineer and adopted
by the La Quinta Municipal Code three-inch
AC over four-inch Class 2 Base minimum for
residential streets).
c. Street name signs shall be furnished and
installed by the Developer in accordance with
City standards.
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
22. Applicant shall dedicate, with recordation of the
tract map, access rights to Miles Avenue and Dune
Palms Road for all individual parcels which front
or back-up to those rights-of-way.
23. The Applicant shall obtain a 10-foot right-of-way
easement over the property to the east of the
subject site, alongside Lot B", for street
construction and emergency parking purposes unless
an alternative arrangement is approved by the
Engineering Department.
Tract Design
24. A minimum 20-foot and 10-foot landscaped setback
shall be provided along Miles Avenue and Dune Palms
Road respectively. Design of the setbacks shall be
approved by the Planning and Development
Department. Setbacks shall be measured from
ultimate right-of-way lines.
a. The minimum setbacks may be modified to an
average' if a meandering or curvilinear wall
design is used.
b. Setback areas shall be established as a
separate common lot and be maintained as set
forth in Condition No. 12, unless an
alternate method is approved by the Planning
and Development Department.
25. The tract layout shall comply with all the R-l
zoning requirements, including minimum lot size and
minimum average depth of a lot. The minimum lot
size to be recorded in a final map shall be 7,200
square feet.
Walls, Fencing, Screening, and Landscaping
26. 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; and
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Conditions of Approval
TT 24950, Aind. *1 1st Extension of Time
October 22, 1991
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.
27. 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.
28. Prior to final map approval, the Applicant shall
submit to the Planning Division for review and
approval a plan or plans) showing the following:
a. Landscaping, including plant types, sizes,
spacing, locations, and irrigation system for
all landscape buffer areas. Desert or native
plant species and drought resistant planting
materials shall be incorporated into the
landscape plan.
b. Location and design detail of any proposed
and/or required walls.
c. Exterior lighting plan, emphasizing
minimization of light and glare impacts to
surrounding properties.
29. Prior to final map approval, the subdivider shall
submit 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) and an irrigation system.
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS
30. 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:
0 City Fire Marshal
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
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
3uilding Division at the time of the application
for a building permit for the use contemplated
herewith.
31. 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.
32. Seventy-f ive percent of dwelling units within
150-feet of the ultimate right-of-way of Miles
Avenue shall be limited to one story, not to exceed
20-feet in height. The Applicant shall submit to
the Planning and Development Department for the
approval a drawing showing the location of any
units higher than one story located along Miles
Avenue frontage.
* 33. The Applicant shall pay a 18.75 percent share of
all fees necessary for signalization costs at the
corner of Miles Avenue and Dune Palms Road.
34. 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.
35. The Developer shall construct landscaping 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.
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Conditions of Approval
TT 24950, Amd. #1 1st Extension of Time
October 22, 1991
36. 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 TT 24950 and EA
89-138, 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 89-138 and TT 24950 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 mitigations
measures of EA 89-138 and TT 24950. The Planning
and Development Director may require inspection or
other monitoring to assure such compliance.
Traffic and Circulation
37. The termination point of the street shown as Lot
B' on Exhibit A Tentative Tract Map), shall be
barricaded to the satisfaction of the Public Works
Department. If the road network for the adjoining
tracts have been constructed and completed, then
the above streets shall be constructed to connect
with these subdivisions, in accordance with the
approved street improvement plans and the
requirements of the City Engineer.
Public Services and Utilities
38. The Applicant shall comply with the requirements of
the City Fire Marshal.
39. The Applicant shall comply with all requirements of
the Coachella Valley Water District. Any necessary
parcels for District facility expansion shall be
shown on the final map and conveyed to the
Coachella Valley Water District, in accordance with
the Subdivision Map Act.
40. All on-site and off-site utilities will be
installed underground and trenches compacted to
City standards prior to construction of any
streets. The soils engineer shall provide the
necessary compaction test reports for review by the
City Engineer, as may be required.
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