CC Resolution 1992-095^#Cd CITY COUNCIL RESOLUTION 92-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
RECONFIRMING THE ORIGINAL NEGATIVE
DECLARATION AND APPROVING TENTATIVE
TRACT 24950, AMENDMENT #1, SECOND
EXTENSION OF TIME
CASE NO. TT 24950 AMENDMENT #1)
SEOUL BANK OF CALIFORNIA CHONG B. LEE)
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 10th day of November, 1992, hold
a duly-noticed Public Hearing to consider the request of Seoul
Bank of California Chong B. Lee) to extend a previously
approved Tentative Tract Map which includes the subdivision of
approximately 9 acres into 36 single-family development lots for
sale, generally located at the northeast corner of Miles Avenue
and Dune Palms Road.
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 1st day of December, 1992, hold a
duly-noticed Public Hearing to consider the request of Seoul
Bank of California Chong B. Lee) to extend a previously
approved Tentative Tract Map which includes the subdivision of
approximately 9 acres into 36 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, said tentative map has complied with the
requirements of The Rules to Implement the California
Environmental Quality Act of 1970" as amended Resolution
83-68). A Negative Declaration was adopted for this case in
1989 and the City has determined that the proposed tentative
tract will not have a significant adverse impact on the
environment; 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 Councildid
find the following facts to justify the recommendation for
approval of said Tentative Tract Map, Second Extension of Time:
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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-l 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
preserve 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 maintenance of the landscape buffer
areas.
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 during the preparation and adoption of the MEA
in conjunction with the La Quinta General Plan.
WHEREAS, in the review of this amended Tentative
Tract Map, Second 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;
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2. That it does hereby reconfirm the conclus*on 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 #2, Second 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 1st day of December,
1992, by the following vote, to wit:
AYES: Council Members Bangerter, Perkins, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Franklin
ABSTAIN: None
JOHN**r
City of La Quinta, California
ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
DAWN i Attorney
NEYWELL, *
City of La Quinta, California
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^#CdCITY COUNCIL RESOLUTION 92-95
CONDITIONS OF APPROVAL APPROVED
TENTATIVE TRACT 24950 AMENDMENT $1, SECOND EXTENSION OF TIME
DECEMBER 1, 1992
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 on October 3, 1993,
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 b*
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 coment 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.
A list of the qualified archaeological monitor(s), cultural
resources management firm employees, and any assistant(s)1
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.
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Conditions of Approval
TT 24950, Amd. #1 2nd Extension of Time
December 1, 1992
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, excav*tion 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.
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*' 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.
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7. An encroachment permit for work in any abutting local jurisdiction
shall be secured prior to constructing or joining improvements
i.e., City of Indlo).
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL
6. 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 parkiand 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 engineer1
to be submitted to the Planning and Development Department for
review and approval prior to final map approval. The study shall
concentrate on noise impacts on the tract from perimeter arterial
streets, and recommend alternative mitigation techniques.
Recommendations of the study shall be incorporated into the tract
design. The study shall consider use of building setbacks,
engineering design, building orientation, noise barriers berming
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.
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b. The Applicant shall submit to the Planning and Development
Department a Management and Maintenance Agreement, to be
entered into with the unit/lot owners of this land division,
in order to insure common areas and facilities will be
maintained. 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.
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 plans for
all proposed units, for both Design Review Board and Planning
Commission review and approval. The plans shall be reviewed as a
non-hearing *tem under the Business Section of the agenda. 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.
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 construction.
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.
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.
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Till 24950, Amd. *1 2nd Extension of Time
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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. 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
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 map, access
rights to Miles Avenue and Dune Palms Road 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.
Tract Design
23. 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.
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Conditions of Approval
TT 24950, Amd. #1 2nd Extension of Time
December 1, 1992
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. 12, 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/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.
d. All fencing shall meet the provisions of the existing R-1
zoning code requirements.
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. The plan shall meet the
Coachella Valley's PM1O rules and regulations.
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.
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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.
d. The landscape plan(s) shall be subject to initial review by
the Design Review Board and the Planning Commission, with
subsequent final review and acceptance by Coachell& Valley
Water District prior to landscape construction. Evidence of
CVWD acceptance shall be submitted to the Planning &
Development Department.
e. Landscape and irrigation plane for landscaped lots, common
retention basins and park facilities shall be prepared by a
licensed landscape architect. The plans and proposed
landscaping improvements shall be in conformance with
requirements of, and be signed by, the Planning Director, the
City Engineer, the Coachella Valley Water District, and the
Riverside County Agricultural Commissioner.
Landscape areas shall have permanent irrigation improvements
meeting the requirements of the City Engineer. Common basins
and park areas shall be designed with a turf grass surface
which can be mowed with standard tractor-mounted equipment.
f. Applicant shall submit a copy of the proposed grading,
landscaping and irrigation plans to the Coachella Valley Water
District for review and approval with respect to the
District's Water Management Program.
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 Public Works Department
o Planning and Development Department
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
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Conditions of Approval
TT 24950, Amd. #1 2nd Extension of Time
December 1, 1992
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.
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 18.75 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 * 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.
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Traffic and Circulation
36. 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
37. The Applicant shall comply with the requirements of the City Fire
Marshal.
38. 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.
39. 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.
MISCELLANEOUS:
40. The minimum footage of a lot shall be 60 feet, except that lots
fronting on knuckles or cul-de-sacs may have a minimum frontage of
35 feet.
UTILITIES
41. All existing and proposed utilities adjacent to or on the proposed
site shall be installed in underground facilities. Electric power
lines over 12,500 volts are not subject to this requirement.
42. Underground utilities in areas where hardscape surface improvements
are planned shall be installed prior to construction of the surface
improvements. Applicant shall provide certified reports of utility
trench compaction tests for approval of the City Engineer.
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