CC Resolution 1993-036^"D I
RESOLUTION 93-36
A RESOLUTION OF ThE CITY COUNCIL OF ThE CITY OF LA
QUINTA, CALIFORNIA, ANNOUNCING fl*DINGS AND
APPROVING A CONDITIONAL USE PER*1IT TO ALLOW
CONSThUCTION & OPERATION OF AN 18 HOLE GOLF
COURSE.
CONDITIONAL USE PERMIT 93-005
WHEREAS, the City Council of the City of La Quinta, California did on the 4th
day of May, 1993, hold a duly noticed Public Hearing to consider the request of WINCHESTER
ASSET MANAGEMENT for La Quinta Golf Properties) to allow the construction and
operation of an 18 hole golf course with clubhouse, maintenance facility, restrooms, and small
ancillary cart storage, located at the westerly terminus of Schwabaker Road Keller Pit Road),
south and west of Lake Cahuilla, more particularly described as:
THE SOUTHEAST QUARTER OF SECTION 19, AND A PORTION OF THE
NORTH HALF OF SE*ON 29, T65, R7E, S.B.B.M.
WHEREAS, said Conditional Use Permit has complied with the requirements of
The Rules to Implement the California Environmental Quality Act of 1970" County of
Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5), in that
the Planning Director has determined that after an initial study, the project will not have an
significant adverse effect on the environment and that a Negative Declaration should be adopted;
and,
WHEREAS, upon bearing 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 Conditional Use Permit:
The proposed use will not be detrimental to the health, safety, or general welfare of the
community.
2. The Conditional Use Permit, as conditioned, is consistent with the existing zoning and
GPA 93-043, and Change of Zone 93-075, of which this site is a part of.
3. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements
and intent of the proposed R-5 Zone.
4. That the environmental impacts associated with the development of this project can be
mitigated through the approval conditions imposed upon it.
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WHEREAS, the Planning Commission at the meeting of April 27, 1993, did take
action to recommend approval of said Conditional Use Permit by adoption of Planning
Commission Resolution 93-016, subject to conditions; and,
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 approve Conditional Use Permit 93005 for the reasons set forth in
this Resolution and subject to the attached conditions, labeled Exhibit A"
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 4th day of May, 1993, by the following vote, to wit:
AYES: Council Members Banqerter, Perkins, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Mccartney
ABSTAIN: None
City of La Quinta, California
ATFEST:
City of La Quinta, California
APPROVED AS TO FORM
i(***/*i*
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 93-36
CONDITIONS OF APPROVAL FINAL EXHIBIT A"
CONDITIONAL USE PERMIT 93-005
WINCHESTER ASSET MANAGEMENT FOR LA QUINTA GOLF PROPERTIES)
MAY 4, 1993
* Amended by Planning Commission 4-27-93
** Added by Planning Commission 4-27-93
PLAN*ING & DEVELOPMENT DEPARTMENT
1. The development of an 18 hold golf course, with clubhouse, maintenance facility,
restrooms, and small ancillary cart storage) shall comply with the approved exhibits and
the following conditions, which shall take precedence in the event of any conflicts.
2. The approved conditional use permit shaH be used within one year of the approval date;
otherwise, it shall become null and void and no effect whatsoever. Be used" means the
beginning of substantial construction which is contemplated by this approval, not
including grading, which is begun within the one-year period and is therefore diligently
pursued to completion. Extensions of time may be requested prior to expiration pursuant
to Municipal Code requirements.
3. Outside lighting shall be shielded and directed so as not to shine directly upon
surrounding adjoining property, mountains, or public rights-of-way. Lighting plans
including light pole heights and light types shall be reviewed and approved by the
Planning Director prior to issuance of a building permit. Lighting shall comply with the
Outdoor Lighting Control Ordinance.
4. Plan for adequate trash provisions for each phase as constructed shall be approved by the
Planning and Development Department prior to issuance of building permits. Plan to be
reviewed for acceptability by applicable trash company prior to City review.
5. Comprehensive sign program for golf course 1)usiness identification, directional and
monument signs, etc.) shall be approved by the Design Review Board prior to issuance
of a sign permit. Included in the program shall be applications for any adjustments if
necessary.
6. Prior to the issuance of a building permit for construction of any building or use
contemplated by this approval, the Applicant shall obtain applicable permits and/or
clearances from the following public agencies:
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Conditions of Approval
conditional Use Permit 93-005 Winchester Asset Management
May 4, 1993
o City Fire Marshal
o City of la Quinta Public Works Department
o Planning and Development Department, & Building & Safety Department
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
o Riverside County Health Department
o California Regional Water Quality Control Board NPDES Permit)
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 or
grading permit for the use contemplated herewith.
7. 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 a building permit.
8. Prior to issuance of any building permits, the Applicant shall submit to the Planning &
Development Department for review and approval by the Design Review Board, a
preliminary plan or plans) based on approved conceptual plans showing the following:
a. Landscaping, including plan types, sizes, spacing, locations, and irrigation system
for all landscape areas. Desert or native plant species, drought resistant planting
materials, and drip emitter irrigators shall be incorporated into the landscape plan.
Plans shall conform with requirements of Ordinance 220 regarding water
conservation.
b. Location and design detail of any proposed and/or required walls.
Preparation of the detailed landscape and irrigation plans shall be in substantial
conformance with the approved conceptual landscape plan on file with the Planning and
Development Department. The final plans submitted shall include the acceptance
stamps/signatures from the Riverside County Agricultural Commissioner's Office and
Coach*la Valley Water District CVWD).
9. Prior to the issuance of any land disturbing permit, applicant/developer shall employ a
qualified archeological monitor to oversee grading activity. The designated monitors or
their authorized representatives shall have the authority to temporarily diver, redirect,
or halt grading activity to allow recovery of resources. In the event of discovery or
recognition of any human remains, there shall be no further grading, excavation, or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until appropriate mitigation measures are com*eted.
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Resolution No. 93-36
Conditions of Approval
Conditional Use Permit 93-005 Winchester Asset Management
May 4, 1993
10. Handicap access, facilities and parking shall be provided per Federal, State and local
re*uirements.
11. Prior to issuance of any grading permits, the Applicant shall submit to the Engineering
and Planning and Development Department an interim landscape program for the entire
site which shall be for the purpose of wind erosion and dust control. The land owner
shall institute blowsand and dust control measures during 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 crops or vegetation upon 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 during construction to prevent the emission of dust and blowsand.
12. Construction shall comply with all local and State building code requirements as
determined by the Building and Safety Director.
13. Prior to the issuance of a grading permit or building permit, whichever comes first, 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 CUP 93-005 and EA 93-255 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 93-255 and CUP 93-005 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
93-255 and CUP 93-005. The *anning and Development Director may require
inspection or other monitoring to assure such c6mpliance.
*14. A Plot Plan application shall be filed for the clubhouse building and parking area and
maintenance facility and be reviewed by the Design Review Board and Planning
Commission. The architecture for both facilities shall be similar with architecture colors,
materials, etc., indigenous to the surrounding desert environment. All outdoor storage
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Conditions of Approval
conditional Use Permit 93-005 Winchester Asset Managernent
May 4, 1993
and work areas related to the storage facility shall be screened so that it is not visible
from adjacent properties at the normal prevalent areas which could be developed. This
Plot Plan application requirement includes temporary facilities. AH other ancillary
structures and buildings shall be approved by the Director of Planning and Development
15. If a guard gate entry is provided in conjunction with the golf course development a Plot
Plan application shall be filed with review by the Design Review Board and Planning
Commission. The architecture for both facilities shall be similar with architecture colors,
materials, etc., indigenous to the surrounding desert environment.
*16. No construction shall occur within the Adams Street and 58th Avenue right*f-way. If
the street vacation is not approved, the golf course shall be redesigned and reviewed by
the Director of Planning and Development.
*17. The applicant shall preserve the Boo Hoff Trail either on the subject property or relocate
said trail on other property. The cost of the relocation and reconstruction shall be split
as follows:
Applicant: $3,000 maximum
Desert Riders: $3,000 maximum
Should the cost be less, the two groups shall split the cost. Should the cost exceed a
total of $6,000, additional funding shall be resolved by the applicant and Desert Riders.
In addition, the applicant shall provide appropriate signing on and adjacent to subject
property to ensure safety of trail users and golfers. Signage shall be subject to approval
of the Planning and Development Department in concert with Desert Riders Association.
Trail use is to be limited to non-motorized vehicles, horsemen, and hikers during daytime
hours only with the exception of motorized trail building and maintenance equipment.
An easement of appropriate width to the satisfaction of the Director of Planning and
Development shall be recorded if said trail is located on the project site. This easement
applies to areas where the trail is existing and newly relocated trail area.
* 18. All mountainous areas above the 350-foot elevation above sea level shall be deeded to
the Bureau of Land Management or other appropriate public agency with no
Development Rights allowed. Property shall be deeded prior to completion of the golf
course.
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^"DResolution No. 93-36
Conditions of Approval
Conditional Use Permit 93-005 Winchester AB*et Management
May 4, 1993
19. All applicable mitigation measures, as determined by the Planning & Development
Director, from mitigated Negative Declaration, on file on the Planning and Development
Department, shall be complied with. Prior to initiation of grading for golf course,
applicant shall obtain applicable lists of mitigation measures from the Planning &
Development Director.
PUBLIC UTILITIES
20. All conditions of the Fire Marshal shall be met.
21. All applicable conditions of the Coachella Valley Water District as noted in their letter
dated March 30, 1993, on file in the Planning & Development Department, shall be met.
22. The applicant shall construct, or enter into a secured agreement to construct, the
improvements required herein before issuance of encroachment or building permits.
23. The applicant shall dedicate any easements necessary for placement of and access to
utility lines and structures, park lands, drainage basins, common areas, and mailbox
clusters.
24. The applicant shall comply the City's flood protection ordinance.
25. A thorough preliminary engineering, geological and soils engineering investigation shall
be conducted. The report of the investigation the soils report") shall be submitted with
the grading plan.
26. A grading plan shall be prepared by a registered civil engineer. The plan shall conform
with the recommendations of the soils report and shall be certified as adequate by a soils
engineer or an engineering geologist.
Prior to issuance of any building permit the applicant shall provide a separate document
bearing the seal and signature of a California registered civil engineer, geotechnical
engineer, or surveyor that lists the actual building pad elevation. The document shall
state the pad elevation approved on the grading plan, the as-built elevation, and shall
clearly identify the difference, if any.
DRAINAGE
27. The development shall be graded to permit storm flow in excess of retention capacity to
flow out of the development through a designated overflow outlet and into the historic
drainage relief route. The development shall be graded to receive storm flow from
adjoining property at locations that have historically received flow.
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Conditions of Approval
conditional Use Permit 93-005 Winchester Asset Management
May 4, 1993
28. Storm water run-off produced in 24 hours during a 100-year storm shall be retained on
site. The tributary drainage area for which the applicant is responsible shall extend to
the centerline of adjacent public streets.
29. In design of retention facilities, the percolation rate shall be considered to be zero unless
the applicant provides site-specific data that indicates otherwise.
Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the
retention depth shall not exceed two feet.
30. If retention is on individual lots, the retention depth shall not exceed two feet. If
retention is in common retention basins, and the proposed retention depth exceeds six
feet, applicant shall mitigate the hazard posed by such retention depth in one or more of
the following methods:
A. Fences, walls or another form of barrier which prevents access during flooding.
B. A warning in the CC&Rs, and signs in the golf clubhouse and any other
community or public buildings, that flood waters in the affected area may exceed
six feet in depth.
31. The drainage design shall not cause any change in flood boundaries, levels or frequencies
in any area outside the development.
32. Landscape and irrigation plans for landscaped lots and common retention basins shall be
prepared by a licensed landscape architect. Landscaped areas shall have permanent
irrigation improvements meeting the requirements of the City Engineer.
Landscape and irrigation plans shall meet the requirements of and be signed by the
Planning Director, the City Engineer, the Coachella Valley Water District, and the
Riverside County Agricultural Commissioner.
33. The 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.
UTILITIES
34. All existing and proposed utilities adjacent to or within the proposed development shall
be installed underground. High-voltage power lines which the power authority will not
accept underground are exempt from this requirement.
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^"D Resolution No. 93-36
Conditions of Approval
Conditional Use Permit 93-005 Winchester Asset Management
May 4, 1993
35. In areas where landscape surface improvements are planned, underground utilities shall
be installed prior to construction of the surface improvements. The applicant shall
provide certified reports of utility trench compaction tests for approval of the City
Engineer.
STREETS AND TRAFFIC
36. Prior to Occupation and*or use of any facilities permitted by this CUP, applicant shall
provide all-weather surfaces on all functioning access drives, roads, parking lots, and
other transportation facilities. The design of pavement sections shall meet the approval
of the City Engineer.
OUALITY ASSURANCE
*37 The applicant shall retain a California registered civil engineer or designate one who is
on the applicant's staff, to exercise sufficient supervision and quality control during
construction of the grading and improvements to insure compliance with the plans,
specification, applicable codes and ordinances. The engineer retained or designated by
the applicant and charged with compliance responsibility shall make the following
certifications upon completion of construction:
a. All grading and improvements were properly monitored by qualified personnel
during construction for compliance with the plans, specifications, applicable codes
and ordinances, and I thereby certify the improvements to be in full compliance
with those documents."
b. *`The finish elevations conform with the approved grading plans."
If the quality-assurance program has not been adopted, the applicant shall employ
construction quality-assurance measures which meet the approval of the City Engineer.
MISCELLANEOUS
38. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter
wall plans are not approved for construction until they have been signed by the City
Engineer.
39. The applicant shall pay all deposits and fees required by the City for plan checking and
construction inspection. Deposit and fee amounts shall be those in effect when the
applicant makes application for the plan checks and permits.
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