CC Resolution 1998-094RESOLUTION 98-94
A RESOLUTION OF THE CITY COUNCIL CITY OF LA
QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT
28867 TO RECONFIGURE 92 EXISTING RESIDENTIAL
LOTS FOR A TOTAL OF 124 LOTS, LOCATED WITHIN
TRACT MAP 28470, SOUTH OF CLARET COVE AND
TALKING ROCK TURN, AND EAST OF AVENIDA
BERMUDAS
TENTATIVE TRACT 28867
WINCHESTER DEVELOPMENT COMPANY, LLC
WHEREAS, the City Council of the City of La Quinta, California, did on
the 18th day of August, 1998, hold a duly -noticed Public Hearing as requested by
Winchester Development Company, LLC., on proposed Tentative Tract 28867,
generally located south of Claret Cove and Talking Rock Turn and east of Avenida
Bermudas, more particularly described as follows:
Lot 95 and a portion of Lot "I" and a portion of that
_ land shown as Remainder on Tract 28470-1, MB 263/76-90,
and Lots 8, 9, 10, and 11 of Tract 28470-2, MB 266/57-60.
WHEREAS, said Environmental Assessment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended, Resolution 83-63, in that the Community Development Director
has conducted an Initial Study (Amended Environmental Assessment 98-360) and has
determined that although the proposed project could have a significant adverse impact
on the environment, there would not be a significant effect in this case, because
appropriate mitigation measures were made a part of the Conditions of Approval for
Tentative Tract 28867, and a Mitigated Negative Declaration of Environmental Impact
will be filed; and,
WHEREAS, the Planning Commission of the City of La Quinta, California, did,
on the 28T" day of July, 1998, hold a duly -noticed Public Hearing as requested by
Winchester Development Company, LLC, on proposed Tentative Tract 28867,
generally located south Claret Cove and Talking Rock Turn and east of Avenida
Bermudas, during which a recommendation for approval of Tentative Tract 28867 was
forwarded to the City Council; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments of all interested persons desiring to be heard, said City Council did
make findings to justify the approval of Tentative Tract 28867:
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Resolution 98-94
Page 2
1. Tentative Tract 28867 is consistent with the Low Density Residential land use
goals and objectives of the La Quinta General Plan, in that they are in keeping
with Goal 2-1 to develop low density residential areas with generous areas of
open space.
2. The subject site is physically suitable for Tentative Tract 28867 in that the slope
and topographic relief of the project site is relatively flat, and the soil type is
suitable for residential development.
3. Tentative Tract 28867 is consistent with the development standards of the Low
Density Residential (RL) Zoning District, which permits minimum lot sizes of
7,200 square feet, and the proposed minimum lot size for Tentative Tract
28867 will be 13,904 square feet, with a minimum lot width of 100-feet for
Lots 50 through 68.
4. Proposed Tentative Tract 28867 is not likely to cause public health problems as
the project has been reviewed by the Fire Department and the Building & Safety
Department for those specific issues.
5. The design of Tentative Tract 28867 will not conflict with existing public
easements, as the project has been designed around, and with consideration
for, these easements.
NOW THEREFORE, BE IT RESOLVED by the City Council for the City of
La Quinta, California, as follows:
1. That the above recitations are true and correct and constitutes the findings of
the City Council in this case;
2. That it does hereby approve Tentative Tract 28867 subject to the subdivision
Conditions of Approval attached hereto and on file in the Community
Development Department.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 18th day of August, 1998, by the following vote, to wit:
AYES: Council Members Perkins, Sniff, Mayor Pro Tern Henderson
NOES: None
ABSENT: Council Member Adolph, Mayor Pena
ABSTAIN: None
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Resolution 98-94
Page 3
L-
JOHN J. PENA, MaVor
City of La Quinta, California
ATTEST:
4AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
AvAly-0- ZL�jj
DAWN C. HONEYWEL , City Attorney
City of La Quinta, California
RAPLANNING\Res 98-94.wpd
RESOLUTION 98-94
CONDITIONS OF APPROVAL - FINAL
TENTATIVE TRACT 28867 - TRADITION
AUGUST 18, 1998
* Modified during Planning Commission Meeting of July 28, 1998.
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.
2. The applicant agrees to indemnify, defend and hold harmless the City of La
Quinta in the event of any legal claim or litigation arising out of the City's
approval of this project. The City of La Quinta shall have sole discretion in
selecting its defense counsel
3. Tentative Tract Map 28867 shall comply with the requirements and standards
of § § 66410-66499.58 of the California Government Code (the Subdivision Map
Act) and Chapter 13 of the La Quinta Municipal Code (LQMC).
4. Prior to the issuance of a grading permit or 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:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District
• Imperial Irrigation District
• California Regional Water Quality Control Board (NPDES Permit)
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.
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 include a copy of the application for the
Notice of Intent with grading plans submitted for plan checking. Prior to
issuance of a grading or site construction permit, the applicant shall submit a
copy of the proposed Storm Water Pollution Protection Plan for review by the
Public Works Department.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
5. All easements, rights of way and other property rights required of the tentative
map or easements which will diminish access rights otherwise necessary to
facilitate the ultimate use of the development and functioning of improvements
shall be dedicated, granted or otherwise conferred, or the process of said
dedication, granting, or conferral shall be ensured, prior to approval of a final
map or parcel map or a waiver of parcel map.
Conferrals shall include irrevocable offers to dedicate or grant easements to the
City for emergency vehicles and for access to and maintenance, construction,
and reconstruction of essential improvements located on street, drainage or
common lots or within utility easements.
6. If the applicant proposes vacation or abandonment of any existing rights of way
or access easements which will diminish access rights to any properties owned
by others, the applicant shall provide approved alternate rights of way or access
easements to those properties.
7. The applicant shall dedicate public and private street right of way and utility
easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
8. The applicant shall dedicate 10-foot public utility easements contiguous with and
along both sides of all private streets.
9. The applicant shall dedicate any easements necessary for placement of and
access to utility lines and structures, drainage basins and common areas.
10. As part of the filing package for final map approval, 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 choices 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 including approved revisions to the
plans.
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.
Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
1 1 . Improvement plans submitted to the City for plan checking shall be submitted
on 24" x 36" media in the categories of "Precise Grading," "Streets &
Drainage," and "Landscaping." Grading, street and drainage plans shall be
prepared by professional engineers registered to practice in California.
Landscaping plans shall be prepared by licensed landscape architects. All plans
except precise 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.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, gates and entryways, and parking lots.
"Landscaping" plans shall normally include landscape improvements, irrigation,
lighting, and perimeter walls.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
12. 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.
Rib WINSIM&M ilk MUM IMUTWU
13. 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 agendization of a final map or parcel
map or issuance of a certificate of compliance for a waived parcel map. For
secured agreements, security provided shall remain in effect until explicitly
waived, reduced or released by the City regardless of the passage of time,
changes to or expiration of the improvement agreement or failure of the secured
party to make premium payments or fulfill other obligations to the surety.
Reductions and releases of security shall conform with Chapter 13, LQMC.
-` 14. If improvements are secured, the applicant shall provide approved estimates of
improvement costs. 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.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
Estimates for utilities and other improvements under the jurisdiction of outside
agencies shall be approved by those agencies. Security is not required for
telephone, gas, or T.V. cable improvements. However, 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.
15. If the applicant desires to phase improvements and obligations required by the
Conditions of Approval and secure those phases separately, a phasing plan shall
be submitted to the Public Works Department for review and approval by the
City Engineer.
The applicant shall complete required improvements and satisfy obligations as
set forth in the approved phasing plan. 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 unless a construction
sequencing plan for that phase is approved by the City Engineer.
If the applicant fails to construct improvements or satisfy obligations in a timely
manner or as specified in an approved phasing plan, the City shall have the right
to halt issuance of building permits, completion of final inspections on buildings,
or otherwise withhold approvals related to the development of this project until
the applicant makes satisfactory progress on the improvements or obligations
or has made other arrangements satisfactory to the City.
16. If improvements are phased with multiple final maps or other administrative
approvals (plot plans, conditional use permits, etc.), off -site improvements and
development -wide improvements (ie: retention basins, perimeter walls &
landscaping, gates, etc.) shall be constructed or secured prior to approval of the
first final map unless otherwise approved by the City Engineer.
17. This tentative map shall remain subject to existing reimbursement agreements
and participatory improvement requirements associated with the underlying
tentative map.
18. Graded, undeveloped land shall be maintained to prevent dust and blowsand
nuisances. The land shall be planted with interim landscaping or provided with
other wind and water erosion control measures approved by the Community
Development and Public Works Departments.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
19. Prior to occupation of the project site for construction purposes, the applicant
shall obtain a Fugitive Dust Control permit in accordance with Chapter 6.16,
LQMC. The application for the permit shall include a Fugitive Dust Control Plan
and security, in a form acceptable to the City, in an amount sufficient to
guarantee compliance with the provisions of the permit.
20. The applicant shall comply with the City's Flood Protection Ordinance.
21. The applicant shall conduct a thorough preliminary geological and soils
engineering investigation and shall submit the report of the investigation ("the
soils report") with the grading plan.
22. Prior to issuance of a grading permit, the applicant shall submit a grading plan
meeting the approval of the City Engineer. The grading plan shall conform with
the recommendations of the soils report and shall be certified as adequate by a
soils engineer or an engineering geologist. A statement shall appear on the final
map(s), if any are required of this development, that a soils report has been
prepared pursuant to Section 17953 of the Health and Safety Code.
23. The applicant shall obtain approval of the grading plan from CVWD.
24. The applicant shall endeavor to minimize differences in elevation at the interface
of this development with abutting properties and of 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.
25. Prior to issuance of building permits, the applicant shall provide building pad
elevation certifications which are stamped and signed by a California registered
civil engineer or surveyor. The document shall list, by lot number, the pad
elevation(s) approved on the grading plan, the as -built elevation(s), and the
difference between the two, if any.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
MM101YOXIM
26. Drainage shall comply with the approved hydrology and drainage plans for Tract
28470 unless the applicant submits revised plans for checking and approval by
the City Engineer.
27. All existing and proposed utilities within or adjacent to the proposed
development shall be installed underground. Power lines exceeding 34.5 kv are
exempt from this requirement.
28. In areas where hardscape surface improvements are planned, underground
utilities shall be installed prior to construction of surface improvements. The
applicant shall provide certified reports of utility trench compaction tests for
approval of the City Engineer.
\I MMOMM1L
29. The City is contemplating adoption of a major thoroughfare improvement
program. If the program is in effect 60 days prior to recordation of any final
map or issuance of a certificate of compliance for any waived final map, the
development or portions thereof may be subject to the provisions of the
ordinance.
If this development is not subject to a major thoroughfare improvement program,
the applicant shall be responsible for all street and traffic improvements required
herein.
30. The following minimum street improvements shall be constructed to conform
with the General Plan street type noted in parentheses:
A. OFF -SITE STREETS
This property shall remain subject to the off -site street requirements of
underlying Tract 28470 and agreements made pursuant thereto.
B. PRIVATE STREETS AND CULS DE SAC
1) Primary circulation streets - 36' wide
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
2) Residential - 36 feet wide if double loaded (buildings on both sides),
32 feet if single loaded
3) Cul de sac curb radius - 38'
Features contained in the approved construction plans may warrant additional
street widths or other improvements as determined by the City Engineer.
31. Access points and turning movements of traffic shall conform with the approved
access plan for Map 28470.
32. Improvements shall include all appurtenances such as traffic signs,
channelization markings, raised medians if required, street name signs,
sidewalks, and mailbox clusters approved in design and location by the U.S.
Post Office and the City Engineer. Mid -block street lighting is not required.
33. The City Engineer may require improvements extending beyond subdivision
boundaries such as, but not limited to, pavement elevation transitions, street
width transitions, or other incidental work which will ensure that newly
constructed improvements are safely integrated with existing improvements and
conform with the City's standards and practices.
34. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standard and supplemental drawings and specifications, and as
approved by the City Engineer.
35. Street right of way geometry 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.
36. All streets proposed to serve residential or other access driveways shall be
designed and constructed with vertical curbs and gutters or shall have other
approved methods to convey nuisance water without ponding in yard or drive
areas and to facilitate street sweeping.
37. Street pavement sections shall be designed using the Caltrans procedure for a
20-year life and shall consider site -specific data including soil strength and
anticipated traffic loading (including construction and home building activity).
The minimum structural section for A.C. pavement shall be 3.0" a.c./4.50" a.b.
(residential) and 4.0"/5.00" (collector).
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
The applicant shall submit current (no more than two years old) mix designs for
base materials, Portland cement concrete and asphalt concrete, including
complete mix design lab results, for review and approval by the City. For mix
designs over six months old, the submittal shall include recent (no more than six
months old at the time proposed for construction) aggregate gradation test
results to confirm that the mix design gradations can be reproduced in
production of the base or paving material. Construction operations shall not be
scheduled until mix designs are approved.
38. Final inspection and occupancy of homes or other permanent buildings within
the development will not be approved until the homes or permanent buildings
have improved access, including street improvements, traffic control devices and
street name signs, to publicly -maintained streets, and have restored the curbing
at any unused curb cuts along the property's street frontage. If on -site streets
are initially constructed with only a portion of the full thickness of pavement, the
applicant shall complete the pavement when directed by the City but in any case
prior to final inspections of any of the final ten percent of homes within the tract
(see provisions of above condition on street pavement sections).
39. This tentative map shall remain subject to the off -site landscaping and wall
requirements of Tract 24870.
40. Landscape and irrigation plans shall be prepared for landscaped lots, common
areas and retention basins. The plans shall be submitted to the Public Works
Department for plan checking. The plans are not approved for construction until
they have been approved by the Community Development Department and
signed by the City Engineer, the Coachella Valley Water District, and the
Riverside County Agricultural Commissioner.
41. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer.
42. The applicant shall ensure that landscaping plans and utility plans are
coordinated to provide visual screening of above -ground utility structures.
43. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
44. The subdivider shall arrange and bear the cost of measurement, sampling and
testing not included in the City's permit inspection program but which are
required by the City to provide evidence that materials and their placement
comply with plans and specifications.
45. The applicant shall utilize qualified California -registered civil engineers,
geotechnical engineers, or land surveyors, as appropriate, to provide, or have
their agents provide, sufficient supervision and verification of the construction
to be able to furnish and sign accurate record drawings.
46. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all plans which were signed by the City
Engineer. Each sheet of the drawings shall have the words "Record Drawings,"
"As -Built" or "As -Constructed" clearly marked on each sheet and be stamped
and signed by the engineer or surveyor. The applicant shall submit revised
computer files of the improvements as constructed.
*47. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each
street intersection spaced not more than 330 feet apart in any direction with no
portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire
flow shall be 1000 gpm for a two hour duration at 20 psi. Blue dot reflectors
shall be mounted in the middle of streets directly in line with fire hydrants.
48. 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.
49. Prior to recordation of the final map, applicant/developer will furnish one blueline
copy of the water system plans to the Fire Department for review/approval.
Plans will conform to the fire hydrant types, location and spacing, and the
system will meet the fire flow requirements. Plans will be signed/approved by
a 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."
50. The required water system including fire hydrants will be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot.
51. A temporary water supply for fire protection may be allowed for the construction
of the model units only. Plans for a temporary water system must be submitted
to the Fire Department for review prior to issuance of building permits.
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Resolution 98-94
Conditions of Approval - Final
Tentative Tract 28867-Tradition
August 18, 1998
52. Prior to recordation of the final map, the applicant shall provide an alternate or
secondary access road to the remote end of Del Gato Drive. The roadway shall
be a minimum 20 feet wide and shall be all-weather, hard surface material
capable of supporting 40,000 pounds over two axles over the entire width.
54. The applicant shall make provisions for continuous maintenance of
improvements until expressly relieved of the responsibility by the City.
55. The applicant shall provide a recommended maintenance booklet for streets,
landscaping, perimeter walls, drainage facilities, and/or other improvements to
be maintained by the Homeowners' Association (HOA). The booklet shall
include drawings of the facilities, recommended maintenance procedures and
frequency, and a costing algorithm with fixed and variable factors to assist the
HOA in planning for routine and long term maintenance.
56. 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 plan checking and permits.
*57. The width of Lots 50 through 68 along Del Gato Drive shall be revised to be a
minimum of 100-feet with the total number of lots reduced accordingly, prior to
final map approval.
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