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CC Resolution 1990-095CITY COUNCIL RESOLUTION 90-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVING TENTATIVE TRACT 26524 TO ALLOW THE CREATION OF A CUSTOM HOME LOT SUBDIVISION ON A 38 ACRE SITE. CASE NO. TT 26524 - CHUCK STROTHER WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of November, 1990, hold a duly noticed Public Hearing to consider the request of Chuck Strother to subdivide 38 acres into 44 custom single family lots and a well site lot, generally located south of 50th Avenue + half mile west of Jefferson Street, more particularly described as: A PORTION OF THE NORTH HALF OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the City Council of the City of La Quinta, did on the 18th day of December, 1990, hold a duly noticed Public Hearing to consider the Applicant's request and recommendation of the Planning Commission concerning the Environmental Analysis and Tentative Tract 26524; and, WHEREAS, said Tentative Map has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970" ( County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance No. 5) , in that the Planning Director conducted an initial study, and has determined that the proposed Tentative Tract Map will not have a significant adverse impact on the environment; and, WHEREAS, mitigation of various physical impacts have been identified and incorporated into the approval conditions for Tentative Tract 26524, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify the recommendation for approval of said Tentative Tract Map: 1. That Tentative Tract 26524, 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-2-12000 Zoning District development standards, and design requirements of the Subdivision Ordinance. RESOCC.007 1 2. That the subject site has an existing citrus orchard and is fairly level with the southwest 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 26524 will not cause substantial environmental damage or injury to the wildlife habitat of the Coachella Valley Fringe -Toed Lizard. 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 26524 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 Map 26524, as conditioned, provides for adequate maintenance of the landscape common areas. 7. That the proposed Tentative Tract 26524, as conditioned, provides storm water retention, park facilities, and noise mitigation. 8. That general impacts from the proposed Tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. WHEREAS , in the review of this Tentative Tract, 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 constitute the findings of the Council in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment 90- 178, relative to the environmental concerns of this Tentative Tract 3. That it does hereby approve Tentative Tract 26524 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 18th day of December, 1990, by the following vote, to wit: 'RESOCC.007 I AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN PEXA, Major City of La Quinta, California ATTEST: AUNDRA L. (-��JUHOQtA, City Clerk City of La Quinta, California APPROVED AS TO FORM DAWN HONEYWELL, City Attorney City of La Quinta, California RESOCC.007 3 CITY COUNCIL RESOLUTION 90-95 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT 26524 DECEMBER 18, 1990 * Added by City Council December 18, 1990 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26524 (Exhibit A - tract map and Exhibit B - individual lot retention basin layout) shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. This Tentative Tract Map approval shall expire two years after the original date of approval by the La Quinta City Council unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring land for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information shall be analyzed prior to the preparation of the plan. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: (1) identify the means for digging test pits; (2) allow sharing the information with CVAS; and (3) provide for further testing if the preliminary results show significant material 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. CONAPRVL.008/CS -1- Conditions of Approval - TT 26524 - December 18, 1990 A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant (s)/representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily 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 completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 4. 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. 5. Applicant shall install decorative block wall around water well site per Coachella Valley Water District (CVWD) requirements. Wall plan and landscaping plan for area between wall and property lines shall be approved by Planning and Development Department. Any CVWD required landscaping changes shall be submitted to City for review. All plan approvals shall be prior to any applicable work beginning. STREETS & CIRCULATION 6. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a. Right of way geometrics for cul-de-sacs, knuckle turns, and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. CONAPRVL.008/CS -2- Conditions of Approval - TT 26524 - December 18, 1990 b. Avenue 50 - Primary Arterial, 50-foot half width; C. D,E,F,G streets - Interior private street, 36-foot full width; d. B,C streets - Interior private street, 46-foot full width (this assumes a 6-foot wide median); e. A street - Interior private street, width shall be as needed to accommodate required street width. 7. On the basis of the Applicant's land mass in terms of size, shape, and location, it has been determined that the Applicant shall pay a fair -share portion of the following improvements; a. Avenue 50: 94% (ie 44/47) of the street and landscape setback lot improvements as required by the General Plan for the south half of the street. b. Avenue 50 at Park Street: 12.5% of the cost to design and construct traffic signals at this intersection. The signals are currently being installed by the City. 8. The Applicant shall have street improvement plans prepared by a registered civil engineer. Street improvements shall be designed and constructed for all streets within the proposed subdivision and for off -site streets as required by these conditions of approval. All street improvements shall be designed and constructed in accordance with the LQMC and adopted Standard Drawings, and City Engineer and shall include all appurtanent components required by same, except mid -block street lighting, such as but not limited to traffic signs and channelization markings, street name signs, sidewalks, and raised medians where required by City General Plan. Street design shall take into account the soil strength, anticipated traffic loading, and design life. The minimum structural section for residential streets shall be 3" AC over 4" Class 2 Base. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the newly required improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with City standards and practices. This includes tapered off -site street transitions that extend beyond tract boundaries and join the widened and unwidened street sections. CONAPRVL.008/CS -3- Conditions of Approval - TT 26524 - December 18, 1990 9. The following specific street widths shall be constructed to conform with the 'General Plan street type noted therewith: A. ON -SITE STREETS a. "D,E,F,G" streets - full width, 36-feet wide, b. "B,C" streets - full width 46-feet wide with 6-foot wide median. Median openings shall align with driveway to individual lots. c. "A" street - full width lanes shall be minimum 16 feet wide in each direction. No citrus tree trunk shall be closer than 8 feet from the edge of pavement. B. OFF -SITE STREETS a. Avenue 50 (portion contiguous to tract) - Install half width Primary Arterial (76-foot width improvement option), bond for half of raised median, refer to LQ General Plan Figure VII-2. 10. The Applicant shall vacate vehicle access rights to Avenue 50 from all abutting lots. Access to this street from this land division shall be restricted to street intersections only. 11. The Applicant shall provide a blanket easement that covers the entire landscaped setback lot along Avenue 50 for the purpose of a meandering public sidewalk. 12. The Applicant shall maintain the common landscaped areas of the subdivision such as the landscaped setback lots and retention basins until accepted by the City Engineer for maintenance by the homeowner's association of the subdivision. 13. The Applicant shall construct an 8-foot wide meandering bike path in the southerly parkway and landscaped setback lot along Avenue 50 in lieu of the standard 6-foot wide sidewalk. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP nvvunvnr. 14. 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, as may be determined in accordance with said Section. CONAPRVL.008/CS -4- Conditions of Approval - TT 26524 - December 18, 1990 15. A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Planning & 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, walls, and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. 16. If the tract is phased, 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 prior to final map approval. 17. All existing structures that are to be removed from the property shall be removed, or an agreement secured with a performance bond that has been executed between the Applicant and the City to assure said removal, prior to transmitting the final map to City Council for approval. 18. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. 19. Design and architectural standards for the residences shall be submitted to the Planning Commission or Design Review Board for review and approval prior to final map recordation. All approved standards shall be included in the CC&R's. A copy of the CC&R's shall be submitted to the Planning Department for review. GRADING AND DRAINAGE 20. Applicant shall construct, or enter into agreement to construct, the tract grading and public or quasi -public improvements before the final map is recorded. Applicant shall pay cash, in lieu of and equivalent to the respective construction cost, for those improvements which involve fair -share responsibility that must be deferred until the full complement of funding is available. Payment of cash in lieu of construction may be deferred to a future date mutually agreed by the Applicant and City Engineer, provided security for said future payment is posted by Applicant. 21. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. CONAPRVL.008/CS -5- Conditions of Approval - TT 26524 - December 18, 1990 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 tract grading and improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the 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 thereby certify the grading to be in full compliance with those documents. b) the finished building pad elevations conform with the approved grading plans. 22. The tract shall be designed and graded in a manner so the difference in building pad elevations between contiguous lots that share a common street frontage or join lots with adjoining existing tracts or approved tentative tracts, does not exceed three (3.0) feet. The pad elevations of contiguous lots within the subject tract that do not share a common street, shall not exceed five (5.0) feet. The exception to the above shall be for Lots 15 through 23 which shall be designed and graded to the pad levels proposed. If the Applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve other alternatives that satisfy the City's intent to promote and insure community acceptance and buyer satisfaction of the proposed development. 23. The tract shall be designed and graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100-year 24-hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that has historically received flow for those occasions when a storm greater than the 100-year 24-hour event occurs. 24. The Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the subdivision. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the homeowner's association in planning for routine and long term maintenance. CONAPRVL.008/CS -6- Conditions of Approval - TT 26524 - December 18, 1990 25. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on -site as follows: a) Individual lots - A building pad of 5,000 square feet minimum shall be constructed two feet higher than the retention area bottom. The transition area outside the building pad shall be sloped not less than 1%. b) Retention basin adjacent to Avenue 50 - The basin slopes shall not exceed 3:1 and have a maximum depth of three feet. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site -specific data that indicates otherwise. 26. Applicant shall install a trickling sand filter and leach field in the retention basin(s) to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per lot per day. This condition shall apply to 50th Avenue only. 27. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plan. The report 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. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 28. 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. 29. Any earthwork on contiguous properties requires a written authorization from the owner(s) (slope easement) in a form acceptable to the City Engineer. CONAPRVL.008/CS -7- Conditions of Approval - TT 26524 - December 18, 1990 TRACT DESIGN 30. ' A minimum 20-foot landscaped setback shall be provide on 50th Avenue. Design of the setback shall be approved by the Planning and Development Department. Setback shall be measure from ultimate right-of-way line. a. The minimum setbacks may be modified to an "average" if a meandering or curvilinear wall design is used. b. Setback areas shall be established as a separate common lot and be maintained as set forth in Condition No. 12, unless an alternate method is approved by the Planning and Development Department. 31. The tract layout shall comply with all the R-2 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 12,000 square feet. WALLS, FENCING, SCREENING, AND LANDSCAPING 32. 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 activity. b. Planting of cover crop or vegetation upon previously graded by undeveloped portions of the site. C. Provisions 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 begin used to prevent the emission of dust and blowsand. 33. 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. CONAPRVL.008/CS -8- Conditions of Approval - TT 26524 - December 18, 1990 34. Prior to final map approval, the Applicant shall submit to the Planning Department for review and approval a plan (or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation system for all landscape buffer and entry areas. Desert or native plans species and drought resistant planting material shall be incorporated into the landscape plan. Lawn shall be minimized and not used adjacent to curb. No spray heads shall be used adjacent to curb. b. Location and design detail of any proposed and/or required wall and meandering sidewalk. C. Exterior lighting plan, emphasizing minimization of light glare impacts to surrounding properties. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 35. 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 & Development Department 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. 36. 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. 37. Seventy-five percent of dwelling units within 150 feet of the ultimate right-of-way of 50th Avenue shall be limited to one story, not to exceed 22 feet in height. The Applicant shall submit to the Planning and Development Department for approval a drawing showing the location of any units higher than one story located along 50th Avenue. All lots alongside the south boundary of Tentative Tract 26524 (Lots 15 through 21) shall have a dwelling unit height limit of 22 feet. CONAPRVL.008/CS -9- Conditions of Approval - TT 26524 - December 18, 1990 38. 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. 39. The Applicant shall provide a fully improved landscaped setback lot along Avenue 50, 20-feet in width. 40. 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 Environmental Assessment 90-178 and Tentative Tract 26524, 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 Environmental Assessment 90-178 and Tentative Tract 26524, 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 mitigating measures of Environmental Assessment 90-178 and Tentative Tract 26524. The Planning and Development Director may require inspection or other monitoring to assure such compliance. PUBLIC SERVICES AND UTILITIES 41. The Applicant shall comply with the requirements of the City Fire Marshal. 42. The Applicant shall comply with all requirements of the Coachella Valley Water District. 43. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 44. All existing and proposed telecommunication lines and electric power lines with 12,500 volts or less, that are adjacent to the proposed site or on -site, shall be installed in underground facilities. MISCELLANEOUS *45. That Lots 5-21, adjacent to the south boundary, shall be developed with a minimum 40 foot building setback.