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CC Resolution 1999-040d_Y/ RESOLUTION NO.99-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 1.77 ACRES INTO 9-LOT SINGLE FAMILY LOTS LOCATED ON THE EAST SIDE OF LAUREL VALLEY APPROXIMATELY 730 FEET NORTH OF SOUTHERN HILLS IN PGA WEST CASE NO.: TENTATIVE TRACT MAP 29122 APPLICANT: MSG ENTERPRISES, INC. FOR SEOKTOP CONSTRUCTION WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of March, 1 999, hold a duly noticed Public Hearing for MSG Enterprises, Incorporated, for a nine single family lot subdivision on 1.77 acres, generally east of Laurel Valley and 730-feet north of Southern Hills in PGA West; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of February, 1 999, hold a duly noticed Public Hearing for MSG Enterprises, Incorporated, for a nine single family lot subdivision on 1.77 acres, generally east of Laurel Valley and 730-feet north of Southern Hills in PGA West, more particularly described as: Lot 3 of Tract 25500-1 Assessor's Parcel Number: 769- 440-019) WHEREAS, the City Council, by approval of Specific Plan 83-002, established a master planned community consisting of a maximum 5,000 residential units oriented around multiple golf courses in conjunction with commercial and hotel related land uses; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to approve said Tentative Tract Map 29122: RESOCC TTM 29122 30 BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolution No.99-40 Tentative TTact Map 29122 Mar?h 2, 1999 Page 2 Finding Number 1 Consistency with General Plan: A. The property is designated Low Density Residential LDR). The Land Use Element of the General Plan allows residential land uses not exceeding four dwelling units per acre. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element Chapter 2) because attached and detached residential units are permitted and the project density is less than four units per acre including golf course fairways, etc. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. Finding Number 2 Consistency with Specific Plan SP 83-002, Amendment #3) and City Zoning Ordinance: A. The proposed single family lots exceed the minimum Specific Plan size requirement of 6,500 square feet. Specific Plan 83-002 allows a maximum of 5,000 houses oriented around golf courses and other resort commercial land uses. The proposed residential lots will not impact the overall growth and development of PGA West. B. The proposed single family lots are consistent with the City's Zoning Code in that development standards and criteria contained in the PGA West Specific Plan supplement and/or replace those in the City's Zoning Code. Single family houses are planned to be constructed as required by SP 83-002. Conditions are recommended ensuring compliance with both the PGA West Specific Plan and Zoning Code. Finding Number 3 Compliance with the California Environmental Quality Act: A. Tentative Tract Map 29122 is within Specific Plan 83-002. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). An Environmental Impact Report State Clearinghouse # 83062922) was certified by the City Council on May 1 5, 1 984. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 211 66. No additional mitigation monitoring is required. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/ Resojution No.99-40 Tentative Tract Map 29122 March 2. 1999 Page 3 Finding Number 4 Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residential houses in PGA West. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is physically suitable for the proposed land division based on construction work that occurred for Tract 25500 in 1 990. Finding Number 5 Site Improvements: A. Stormwater runoff will be diverted to the existing golf course to ensure off-site properties are not impacted from seasonal storms. B. Laurel Valley, an existing street, serves the proposed lots and connects to other existing streets in the PGA West development. C. Infrastructure improvements exist to serve the lots as planned under the Specific Plan 83-002. No adverse impacts have been identified based on letters of response from affected public agencies. 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 constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plan 83-002, as amended; 3. That it does hereby confirm the conclusion that the Certified Environmental Impact Report for Specific Plan 83-002, as amended, has adequately assessed the environmental concerns of this Map; and 4. That it does hereby approve Tentative Tract Map 29122 for the reasons set forth in this Resolution and subject to the attached conditions. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/ PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2nd day of March, 1 999, by the following vote, to wit: AYES. Council Members Adolph, Henderson, Sniff NOES: None ABSENT: Council Member Perkins, Mayor Pena ABSTAIN: None JOHN PENA, yor City of La Quinta, California ATTE T: AUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/ RESOLUTION NO.99-40 CONDITIONS OF APPROVAL FINAL TENTATIVE TRACT MAP 29122 MSG ENTERPRISES, INC. MARCH 2, 1999 GENERAL 1. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply Assessor Parcel Number 769-440-019). 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta the City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3 Tentative Tract Map 291 22 shall comply with the requirements and standards of 66410 through 66499.58 of the California Government Code the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code LQMC). 4. This map approval shall expire and become null and void on March 2, 2001, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 5 Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: * Fire Marshal * Public Works Department Grading Permit, Improvement Permit) * Community Development Department * Riverside Co. Environmental Health Department * Coachella Valley Unified School District * Coachella Valley Water District CVWD) Imperial Irrigation District lID) * California Water Quality Control Board CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Page 1 of BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolution No.9940 Conditions of Approval Final Tentativa Tract Map 29122 MSG Entarpnses Inc. March 2 1999 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project-specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include easements to the City for emergency services. 7. The applicant shall retain the ten-foot public utility easement along Laurel Valley. The easement may be reduced to five feet with the express concurrence of lID. 8. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures. 9. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. FINAL MAP(S) AND PARCEL MAP(S) 1 0. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the map. IMPROVEMENT AGREEMENT As used throughout these conditions of approval, professional titles such as engineer," surveyor," and architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/ Resolution No.99-40 Conditions of Approval Final Tentative Tract Map 29122 MSG Enterprises, Inc. March 2.1999 Page 3 11. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of Rough Grading" and Precise Grading." Rough grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. Plans for improvements not listed above shall be in formats approved by the City Engineer. 1 2. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 1 3. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as- constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the plans. IMPROVEMENT AGREEMENT 14. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct Improvements and/or satisfy obligations required by the City prior to approval of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 1 3, LQM C. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 15. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolutcn No.99-40 Conditions of Approval Final Tentative Tract Map 29122 M5G Enterprises, Inc. March 2.1999 Page 4 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 1 6. If improvements are phased with multiple final maps or other administrative approvals e.g., a Site Development Permit), off-site improvements and common improvements shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 1 7. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City may halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 18. The applicant shall pay cash or provide security for applicants required share of improvements which have been or may be constructed by others participatory improvements). Participatory improvements for this development include: A. Completion of off-site improvements associated with Specific Plan 83-002 the applicant shall pay a fair share of the cost of the remaining off-site improvements based on this map's percentage of the remaining undeveloped residential and resort guest property within the specific plan. The applicant?s obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/ Resolution No.99-40 Conditions of Approval Final Tentative TTact Map 29122 MSG Enterprises. Inc. March 2.1999 Page 5 GRADING 1 9. The applicant shall furnish a preliminary geotechnical soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps if any are required of this development) that a soils report has been prepared pursuant to Section 1 7953 of the Health and Safety Code. 20. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 21. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential. 22. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 23. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 25. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for Specific Plan 83-002. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolution No. 99?O Conditions of Approvel Final Tentative Tract Mep 29122 MSG Enterprises, Inc. March 2, 1999 Page B UTILITIES 26. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 27. If applicant desires to make cuts in the Laurel Valley street pavement for installation or abandonment of utility laterals or other reasons, the applicant shall obtain a permit for the work and shall comply with all provisions of the permit. 28. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. QUALITY ASSURANCE 29. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 30. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 31. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. 32. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public and street improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked Record Drawings," As-Built" or As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster-image files previously submitted to the City to reflect as-constructed conditions. LANDSCAPING 33. The applicant shall provide landscaping in the front yard areas for each lot. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolution No.99-40 Conditions of Approval Final Tentative Tract Map 29122 MSG Enterprises, Inc. March 2.1999 Page 7 34. Prior to submitting the landscape and irrigation plans for approval by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner. The plans shall comply with Chapter 8.13 of the Municipal Code. 35. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 36. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 E3) of the Zoning Ordinance. FEES AND DEPOSITS 37. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 38. 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. 39. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. 40. Prior to building permit issuance, school impact fees shall be paid by the developer. FIRE DEPARTMENT 41. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection paced not more than 330 feet apart in any direction with no portion of any lot frontage more than 1 65 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2?hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 42. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02 d_Y/Resolution No.99-40 Conditions of Approval Final Tentative Tract tVlap 29122 MSG Enterprises. Inc. March 2 1999 Page 8 43. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 44. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. MISCELLANEOUS 45. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 46. Applicable conditions of Specific Plan 83-002 shall be met prior to building permit issuance. BIB] 03-17-1999-U01 02:59:55PM-U01 ADMIN-U01 CCRES-U02 99-U02 40-U02