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RESOLUTION NO. 92- 53
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
APPROVING A ONE YEAR EXTENSION OF TIME
FOR TENTATIVE TRACT NO. 25691 TO ALLOW
THE CREATION OF A 39 LOT RESIDENTIAL
SUBDIVISION ON A 9 ACRE SITE.
CASE NO. TT 25691 RICHARD L. DEMAN
1ST EXTENSION OF TIME
WHEREAS, the Planning Commission of the City of La Quinta,
did, on the 27th day of March, 1990, hold a duly-noticed Public
Hearing recommending confirmation of the environmental analysis and
approval of the request of Richard L. Deman to subdivide +9 acres
into 39 single-family development lots for sale, generally located on
the north side of Miles Avenue 1/4 Mile west of Jefferson Street, more
particularly described as:.
THE SOUTHEAST 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 17th day of April, 1990, hold a
duly-noticed Public Hearing to consider and approve the Applicant's
request and recommendation of the Planning Commission concerning
the environmental analysis and Tentative Tract Map No. 25691; and,
WHEREAS, the Applicant applied on March 9, 1992, for a
one year extension of time for Tentative Tract 25691; and,
WHEREAS, the Planning Commission of the City of La
Quinta, did, on the 26th day of April, 1992, hold a duly-noticed
Public Hearing to consider recommending approval of the 1st
Extension of Time request of Mr. Richard L. Deman per the City's
subdivision regulations to the City Council; and,
WHEREAS, the City Council of the City of La Quinta, did,
on the 19th day of May, 1992, hold a duly noticed Public Hearing
approving the 1st Extension of Time request of Mr. Richard L. Deman
per the City's subdivision regulations; and,
WHEREAS, said Tentative Map has complied with the
requirements oL The Rules to Implement the California
Environmental Quality Act of 1970" as amended, per Resolution No.
83-68, adopted by the City of La Quinta, 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 a Negative Declaration was prepared in 1990;
and,
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WHEREAS, mitigation of various physical impacts have been
identified and incorporated into the approval conditions for
Tentative Tract 25691, thereby requiring that monitoring of those
mitigation measures be undertaken to assure compliance with them;
and,
WHEREAS, at s*id 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 3ustify approving said Tentative Tract Map:
1. That Tentative Tract No. 25691, 1st Extension of Time, as
conditionally approved, is consistent with the goals,
policies, and intent of the La Quinta General Plan for
land use density in that the property is designated for
low density development, circulation requirements, and
the proposed R-1 zoning district development standards,
and the design requirements of the Subdivision Ordinance.
2. That the subject site has a rolling topography due to
sand dunes, and 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 No. 25691 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 No. 25691 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 No. 25691, as
conditioned, provides for adequate maintenance of the
landscape buffer areas, parking area and storm water
retention and other comon areas.
7. That the proposed Tentative Tract No. 25691, as
conditioned, will provide storm water retention, park
facilities, and noise mitigation as required by the La
Quinta General Plan.
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RESOLUTION NO. 92-53
8. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunction with the La Quinta General Plan, and were
further considered during preparation of Environmental
Assessment No. 90-156 and its required monitoring program
to be implemented by the Applicant.
WHEREAS, in the review of this Tentative Tract Map, 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 recommend reconfirmation of the
Environmental Assessment No. 90-156, relative to the
environmental concerns for this Tentative Tract;
3. That it does hereby approve the subject Tentative Tract
Map No. 25691 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 19th day of May, 1992, by the
following vote, to wit:
AYES: Council Members Franklin, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Bohnenberqer
ABSTAIN: None K'
JOHN #ao*
PENA, y*
City of La Quinta, California
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City of La Quinta, California
APPROVED AS TO FORM:
* #47* Al
DAWN HONEYWELL, C'ity Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION NO. 92-_53
CONDITIONS OF APPROVAL RECOMMENDED
TENTATIVE TRACT MAP NO. 25691, 1ST EXTENSION OF TIME
MAY 19, 1992
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 25691, 1st Extension of Time, 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 on April 17,
1993, unless approved for extension pursuant to the City of
La Quinta Land Division Ordinance.
3. The Applicant acknowledges that the City has formed 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, and 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 CVA5) 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 25691
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
5hall 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.
6. A temporary road access may be provided off Miles Avenue
through to road E. This access shall be terminated upon the
completion of model complex use or at the end of two years,
whichever occurs first. Prior to expiration, the
Applicant/Developer may request extension from the Planning
Commission for continued use of the temporary access.
Primary access to the project will be through the surrounding
tracts. A drawing showing details of this proposed temporary
access point shall be submitted to the Planning and
Development Department and Engineering Department for
approval.
Traffic and Circulation
7. 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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RESOLUTION NO. 92-53
Conditions of Approval rT 25691
b. The interior public street system shall be designed
pursuant to the approved Exhibit A tract map) for TT
25691, with a six-foot sidewalk and two-percent slope.
Lot C" shall be designed for a 60-foot right-of-way,
with a curb-to-curb width of 40 feet. 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 curb radius for
cul-de-sacs shall be forty-five feet.
Any variations to the approved street system design
sections shall be subject to review and approval by the
Public Works Department.
8. 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
9. Prior to final map approval by the City Council, the
Applicant shall meet the parkland dedication requirements as
set forth in Section 13.24.030, La Quinta Municipal Code by
paying parkland fees in-lieu for 0.39 acres, or as may be
determined in accordance with said Section.
10. 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
design1 building orientation, noise barriers berming and
landscaping, etc.), and other techniques so as to avoid the
isolated appearance given by walled developments.
11. 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.
12. 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.
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Conditions of Approval TT 25691
13. 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
oLthis land division, in order to insure common areas
and facilities will be maintained.
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 Miles
Avenue.
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.
Grading and Drainage
15. 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 constructior
16. The Applicant shall submit a copy of the proposed grading,
landscaping, and irrigation plans to Coachella Valley Water
District for review and comment with respect to CVWD*s water
management program.
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RESOLUTION NO 92-53
Conditions of Approval TT 25691
17. 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.
18. Any earthwork on contiguous properties required a written
authorization from the owner(s) slope easement) in a form
acceptable to the City Engineer.
19. 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. The applicant shall uphold any
agreement made with the developer located to the west TT
24950) regarding acceptance of storm water along Miles Avenue.
Traffic and Circulation
20. 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.
21. Applicant shall dedicate, with recordation of the tract map1
access rights to Miles Avenue for all individual parcels
which front or back-up to those rights-of-way.
22. 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.
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45.
Conditions of Approval TT 25691
*tDesin
23. A minimum 20-foot landscaped setback shall be provided along
Miles Avenue. Design of the setbacks shall be approved by
the Planning and Development Department. Setbacks shall be
measured from ult?imate 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 comon
lot and be maintained as set forth in Condition No. 13,
unless an alternate method is approved by the Planning
and Development Department.
24. The tract layout shall comply with all the R-1 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
25. 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
C. Provision of wind breaks or wind rows, fencing, and/cr
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
blows and.
26. 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.
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RESOLUTION NO. 92-53
Conditions of Approval TT 25691
27. 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 of the meandering sidewalk along Miles
Avenue. Note this sidewalk shall meander within both
the landscape buffer and the parkway area.
C. Location and design detail of any proposed and/or
required walls.
d. Exterior lighting plan, emphasizing minimization of
light and glare impacts to surrounding properties.
28. 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
29. 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 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 Building
Division at the time of the application for a building permit
for the use contemplated herewith.
30. 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.
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Conditions of Approval TT 25691
31. Seventy-five 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.
32. The Applicant shall pay a 6.25 percent share of all fees
necessary for signalization costs at the corner of Miles
Avenue and Dune Palms Road.
33. 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.
34. 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.
35. 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 25691
and EA 90-156, 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 90-156 and TT 25691 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 90-156
and TT 25691. The Planning and Development Director may
require inspection or other monitoring to assure such
compliance.
36. The Applicant shall submit complete detail architectural
elevations for all units, for the Design Review Board and
Planning Commission review and approval as a Business Item
prior to building permit issuance. The architectural
standards shall be included as part of the CC & Rs. The
latter shall be submitted to the Planning & Development
Department for review.
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RESOLUTION NO. 92-53
Conditions of Approval TT 25691
37. Prior to the final building inspection of the first unit two
publicly maintained roads shall be provided connecting this
subdivision to Dune Palms Road, Miles Avenue or Jefferson
Street. The Model home temporary access shall be considered
one of these access points until that access is terminated in
accordance with Condition * 6.
Traffic and Circulation
38. 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
39. The Applicant shall comply with the requirements of the City
Fire Marshal.
40. 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.
41. All on-site and off-site utilities including any existing
power poles 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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