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CC Resolution 2003-024RESOLUTION NO. 2003-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL ASSESSMENT AND APPROVING A GENERAL PLAN AMENDMENT, AND TENTATIVE TRACT MAP CASE NO's: ENVIRONMENTAL ASSESSMENT 2003-468 GENERAL PLAN AMENDMENT 2003-089 TENTATIVE TRACT MAP 31123 APPLICANT: VISTA ENCANTO LA QUINTA L.P. WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of April, 2003, hold a duly -noticed Public Hearing to consider a recommendation from the Planning Commission on the above -referenced cases, generally located on the north side of Avenue 52, ± 300 feet west of Vista Bonita Trail, more particularly described as: PARCELS 1 & 2 OF PARCEL MAP 14367, AS SHOWN IN MAP BOOK 68, PAGE 73 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND 5.87 ACRES M.O.L. IN PORTION OF SW 1 /4 S4/T6S/R7E WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 th day of March, 2003, hold a duly -noticed Public Hearing to consider a recommendation to the City Council on the above -referenced cases; 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 Planning Commission did make and affirm findings to recommend denial of the referenced cases; and! WHEREAS, the City Council of the City of La Quinta, California, did, on the 15th day of April, 2003, reject the Planning Commission recommendation for denial of the referenced cases, directing staff to prepare the necessary findings for approval of the referenced cases; and, WHEREAS, the project applications have 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, (EA 2003-468) and has determined that none of the circumstances set forth in Public Resources Code 21 166 have been shown to exist; and Resolution No. 2003-024 EA 2003-468, GPA 2003-089, TT 31123 Vista Encanto Le auinta, L.P. Adopted: May 6, 2003 Page 2 WHEREAS, the City Council has made findings for approval of Zone Change 2003-110, which are contained in the adopting Ordinance for said Zone Change case; and WHEREAS, at a public meeting held on 6th day of May, 2003, said City Council did affirm their rejection of the Planning Commission findings to recommend denial of the referenced cases, and further, did find the following facts to justify approval of the referenced cases: ENVIRONMENTAL ASSESSMENT 2003-468 1. The Revised Project will not have the potential to degrade the quality of the environment, as the Environmental Assessment prepared for the original project did not identify any significant impact with regard to the public health, safety, or general welfare, with no significant new or changed impacts being identified with the Revised Project. 2. The Revised Project will not have the potential to achieve short term goals to the disadvantage of long-term goals, as the Environmental Assessment prepared for the original project did not identify any significant impacts, nor were any significant new or changed impacts identified with the Revised Project. 3. The Revised Project will not have impacts which are individually limited, but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as those impacts identified for geologic, water, air quality, biology, hydrology, noise, utility systems and cultural resources were addressed as part of prior environmental review, with no significant new or changed impacts being identified with the Revised Project. 4. The proposed Revised Project will not have environmental effects that will adversely affect humans, either directly or indirectly, as the Environmental Assessment prepared for the original project did not identify any significant impact with regard to the public health, safety, or general welfare, with no significant new or changed impacts being identified with the Revised Project. Resolution No. 2003-024 EA 2003-468, GPA 2003-089, TT 31123 Vista Encanto La Quinta, L.P. Adopted: May 6, 2003 Page 3 5. The proposed Revised Project will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan and Tentative Tract 31123. No significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The Planning Commission and City Council have considered Environmental Assessment 2003-468, and both bodies have determined that it reflects the independent judgement of the City. 8. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. GENERAL PLAN AMENDMENT 2003-089 10. This General Plan Amendment is internally consistent with those goals, objectives and policies in the La Quinta General Plan, which are not being amended. The proposed General Plan Amendment focuses on the Land Use Plan only; the proposed project for which this Amendment was prepared is consistent with all other aspects of the General Plan. The Amendment will allow increased housing opportunities while maintaining a low density character in the area, consistent with goals as stated in the General Plan. 11. The General Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare. The properties involved in the Amendment are served with adequate utilities, public services and access to properly support development at the requested land use designation. 12. The new land use designation is compatible with the adjacent properties, in that contiguous properties have been included and other residential projects of varying types are being developed in the immediate area of the subject lands. Resolution No. 2003-024 EA 2003-468, GPA 2003-089, TT 31123 Vista Encanto Le auinw L.P. Adopted: May 6, 2003 Page 4 13. The new land use designation is suitable and appropriate for the subject properties, as they are served with direct transportation access to Avenue 52, are or can be served without adverse impact by all necessary public services and utilities to support development at the new designation of Low Density Residential, and there are no natural physical constraints to restrict the properties' development at this designation. 14. Approval of this General Plan Amendment is warranted, as the situation and surrounding conditions affecting the property have substantially changed since it was designated Very Low Density Residential. Development pressure has been building greatly over the past few years. The area once was sparsely developed, with little or no sign that surrounding approved projects would ever develop. The surge in housing demand in the City has caused many of these projects to quickly evolve. The need for more housing opportunities beyond large lot ranchettes and estates warrants this proposed Amendment. TENTATIVE TRACT MAP 31123 15. The La Quinta Community Development Department has prepared Environmental Assessment 2003-468. Based on this assessment, the Planing Commission has determined that the proposed project could not have significant effects on the environment. 16. The proposed project is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate storm water drainage, and other infrastructure improvements. The project is consistent with the adopted Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan and as amended by General Plan Amendment 2003-089. 17. The design and improvements of the proposed subdivision are consistent with the City's General Plan, as they accommodate development at a density which is consistent with the proposed General Plan land use designation. 18. As conditioned, the design of the subdivision and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. Resolution No. 2003-24 EA 2003-468, GPA 2003-089, TT 31123 Vista Encanto La Quinta, L.P. Adopted: May 6, 2003 Page 5 19. The design of the subdivision and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2003-468, in which no significant health or safety impacts were identified for the proposed project. 20. The site of the proposed subdivision is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. 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 City Council in this case; 2. That it does hereby affirm the Environmental Determination, thereby certifying Environmental Assessment 2003-468 as contained in Exhibit "A", and granting approval for General Plan Amendment 2003-089 as contained in Exhibit "B" and Tentative Tract Map 31 123 subject to the attached Conditions of Approval, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of May, 2003, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO PH, Kitayor City of La Quinta, California Resolution No. 2003-24 EA 2003-468, GPA 2003-089, TT 31123 Vista Encanto La Quinta, L.P. Adopted: May 6, 2003 Page 6 ATTEST: JUN "S.EEK, CMC, rk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSO , City Attorney City of La Quinta, California EXHIBIT A - Resolution 2003-024 Environmental Checklist Form 1. Project Title/Name: Vista Encanto: General Plan Amendment 2003-089, Zone Change 2003-110, Tentative Tract Map 31123 2. Lead Agency Name/Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person/Phone Number: Wallace Nesbit 760-777-7069 4. Project Location/Address: North side of Avenue 52, t 300 feet west of Vista Bonita Trail 5. Project Sponsor Name/Address: Vista Encanto La Quinta, L.P. 23679 Calabassas Road #386 . Calabassas, CA 91302 6. General Plan Designation: Very Low Density Residential (VLDR) 7. Zoning: Very Low Density (RVL) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Amendment to the La Quinta General Plan, from Very Low Density Residential (VLDR; 0 - 2 units/acre), to Low Density Residential (LDR; 0 - 4 units/acre); zone change from Very Low Density Residential (RVL), to Low Density Residential (RL); and subdivision of a 19.4 acre residential parcel into 60 single family lots. 9. Surrounding Lane Uses and Setting: (Briefly describe the project's surroundings.) North: La Quinta Polo Estates; Watercourse (All American Canal) and LDR (Mountain View Country Club) South: LDR land (Hideaway residential/golf project) East: Subdivided VLDR land (La Quinta Polo Estates) West: Vacant VLDR land (Proposed TT 30138, Dan Jewett) 47; a 10. Other agencies whose approval is required (e. 4. 10 g pp CI g., permits, financing approval, or participation agreement.) N/A 10 P:\Wally\cklst468.wpd Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards & Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. a I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, and nothing further is required. ❑ Signature WALLACE NESBIT Printed Name February 18. 2003 Date COMMUNITY DEVELOPMENT Department P:\Wally\cklst468.wpd 2 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must account for the whole action involved, including off -site as well. as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Necaative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce ' the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyzes are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to- incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 12 PAWa11y\ck1st468.wpd 3 Potentially Issues (and Supporting Information Sources): Potentially Significant Significant Unless Less Than Significant No Impact Mitigated Impact Impact Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Site assessment) X b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Site assessment) X c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Site assessment) X d) Create a new source of substantial light or glare which would adversely affect day or night time views in the area? (Project info.) X 11. AGRICULTURAL RESOURCES: (California Agricultural Land Evaluation and Site Assessment Model, prepared by the California Dept. Of Conservation, may be used to assess impacts on agriculture and farmland) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use? (Farmland Mapping info) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) X c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural X use? (Aerial photographs; Farmland Mapping info) 111. AIR QUALITY. (Significance criteria established by the applicable air quality management or air pollution control district may be relied upon). Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (2002 PM 10 SIP) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook/2002 PM 10 SIP) X X PAWa11y\ck1st468.wpd 4 13 d) Expose sensitive receptors to substantial pollutant concentrations? (Application materials/site analysis) X e) -Create objectionable odors affecting a substantial number of people? (Application materials) X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife X Service? (MEA, p. 5-2 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (MEA, p. 5-2 ff; EIR, Figure 4.4-1) X c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? X (MEA, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (MEA, p. 5-2 ff; X EIR, Figure 4.4-1) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (MEA, p. 5-2 ff; CVFTL HCP) X V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register X of historic resources? r)1.,J PAWa11y\ck1st468. w pd 5 14 b) Cause a substantial adverse change in the significance of a unique archaeological resource (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a' scientifically recognized X important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site? (Lakebed delineation map) X d) Disturb any human remains, including those interred outside of formal cemeteries? I X VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? (Site.location) b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that could become unstable as a result of the project, and potentially result in on or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Site/project assessment) X X X X X X X X X� PAWa11y\ck1st468. wpd b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Site/project X assessment) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Site/project assessment) X d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials X Listing; Site/project assessment) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Not applicable) X f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (Not applicable) X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Not applicable) X h) Expose people or structures to the risk of loss, injury or death involving wildland fires,. including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Aerial data; Site assessment) X VIII. HYDROLOGY AND WATER QUALITY : Would the project: a) Violate Regional Water Quality Control Board standards or waste discharge requirements? (MEA, pp. 6-26, 6-27) 1 1 1 X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (EIR, p. 4-57 ff.) X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on or off -site? (EIR, p. 4-58 X ff; Project drainage letter) 16 PAWa11y\ck1st468.wpd d) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? ( EIR, p. 4-58 ff; Project drainage letter) X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems to control? (EIR, p. 4-58 ff; Project drainage X letter) f) Place housing within a 100-year flood plain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Not X applicable) g) Place within a 100-year flood plain structures which would impede or redirect flood flows? MEA, p. 6-13) 1 1 1 1 X IX: LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project/site assessment) I I I X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) X c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? X X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region -and the residents of the X state? (MEA, p. 72; Exhibit 5.1) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (MEA, p. 72; X Exhibit 5.1) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA; pp. 116-121) b) Exposure of persons to or generation of excessive ground -based vibration/noise levels? (MEA; pp. 116-121) Q P:\Wa11y\ck1st468. wpd 17 8 X 21°r c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Site assessment) X d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Not applicable) X e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (Not applicable) X XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (Project assessment) X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Project assessment) X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Project assessment) X XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (MEA, p.4-3 ff.) X Police protection? (MEA, p. 4-3 ff.) X Schools? (MEA, p. 4-9 ff.) X Parks? (General Plan; Recreation and Park Master Plan) X Other public facilities? (MEA, p. 4-14 ff.) X XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks, or other recreational facilities, such that substantial physical deterioration of facilities would occur or be accelerated? (Project X assessment) PAWa11y\ck1st468.wpd 9 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Project assessment) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (EIR, P. 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Not applicable) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, p. 4-126 ff.) e) Result in inadequate emergency access? (Project assessment, Fire/police comments) f) Result in inadequate parking capacity? (Project assessment) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project site assessment) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Project assessment) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD comments). c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD comments) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (CVWD comments) X X X X X X X X. X X X X PAWa11y\ck1st468.wpd 19 10 e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (CVWD X comments) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of X California history or prehistory? b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental X goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? X d) Does the project have environmental effects which will .cause substantial- adverse effects on human beings, either directly or indirectly? X XVIII. EARLIER ANALYSIS. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. PAWa11y\ck1st468.wpd 4C 0 4;V 11 SOURCES CONSULTED: Master Environmental Assessment, City of La Quinta General Plan 2002. Final Environmental Impact Report, City of La Quinta General Plan 1992. City of La Quinta General Plan, 1992. SCAQMD CEQA Handbook, 1993. City of La Quinta Municipal Code 2002 Coachella Valley PM 10 State Implementation Plan for in the, June 2002. Habitat Conservation Plan for the Coachella Valley Fringe -Toed Lizard, Section 10A Permit, June 1985. Archaeological and Paleontological Investigations - prepared by CRM Tech, Letter dated March 3, 2003. Geotechnical Investigation, Proposed 20 acre Residential Development; Sladden Engineering; January 6, 2003. Tract 31 123 - Preliminary Noise Study; prepared by Urban Crossroads; January 14, 2003. 21 P:\Wa11y\ck1st468.wpd 12 Checklist Addendum for Environmental Assessment 2003-468 Introduction This Environmental Assessment has been prepared for a proposed 60-lot, single-family subdivision, to be located on ± 19.4 acres in the City of La Quinta. The project proposal involves the following actions: 1. Amendment to the La Quinta General Plan (GPA 2003-089), from Very Low Density Residential (VLDR; 0 - 2 units/acre), to Low Density Residential (LDR; 0 - 4 units/acre); 2. A zone change (ZC 2003-110), from Very Low Density Residential (RVL), to Low Density Residential (RQ; and, 3. Subdivision of a 19.4 acre residential parcel into 60 single family lots (TT 31123). The site location is the north side of Avenue 52, approximately 300 feet west of Vista Bonita Trail, or ± 1 /4 mile west of Madison Street. The project site is currently vacant, with subdivided residential areas to the immediate north and east (La Quinta Polo Estates), The Hideaway project area to the south, and proposed TT 30138 to the west (24 lots on ± 14 acres). An expansion of the proposed General Plan Amendment, to include approximately 20 acres around the site, is recommended by City Staff and is made part of and included in this Environmental Assessment. 1. (a-d) - AESTHETICS There are no scenic view sheds specifically identified on site, nor are there any rock forms, buildings or other scenic resources. The site is in line with view windows from the La Quinta Polo Estates lots. There may be some view obstruction to those residents whose units back up to the project, but with the minimal increase in density to be involved, it will not go beyond existing approved land use for the site. Based on the project objective of a low density development, no significant impacts of an aesthetic nature are anticipated. 11. (a-c) - AGRICULTURAL RESOURCES The site is in an area identified by the latest available Farmland Mapping program (1996) as being classified as Farmland of Local Importance. These are lands which could be listed as Prime Farmland, or of Statewide Importance, but lack the irrigation to qualify. The soil type is of the Myoma series (MaB, MaD, which are excessively drained with rapid permeability. The Myoma series are not considered to be prime agricultural soils, though they are suitable for crops as well as homesites. The property is not, nor has it been, in agricultural production in recent times. r) r) r) (v%.i- PAWally\ea2003468.wpd 22 III. (a-d) - AIR QUALITY Development of the proposed project will not, in and of itself, have an appreciable impact on ambient air quality. Air quality impacts for a development of this type and scale are generally limited to short-term construction. In the Coachella Valley, the greatest concern relative to construction emissions is particulate matter. The site has been previously disturbed from early use as agriculture, and is a source ,of fugitive dust during moderate wind periods. The Coachella Valley has in the past been a serious non -attainment area for PM 10 (particulate matter of 10 microns or smaller). While in recent years the area has met criteria for reclassification to attainment status, the Valley has now moved back into non -attainment status. In order to control PM 10, the City has imposed standards and requirements on development to control dust, and is in the process of shifting responsibility for implementation of its current ordinances to improve monitoring and compliance requirements. All projects which qualify must meet the requirements of Chapter 6.16, Fugitive Dust Control. Implementation of these requirements will limit the increase of impacts to air quality from fugitive dust, such that the proposal will not exceed those under the present condition on the site. IV. (a-f) - BIOLOGICAL RESOURCES The project site has been impacted by prior land disturbance activity. The site and surrounding land is isolated by Avenue 52, existing Polo Club development an the All American Canal, and is not viable as habitat nor would facilitate the transitional migration or movement of species. While the site is not within any identified wildlife habitat areas, it is proximate to potential Palm Springs Pocket Mouse habitat, and the applicant has commissioned a trapping survey for the species, which is currently in progress. No significant stands of trees or other vegetation exist on the site. Impacts to any biological resources are likely to be insignificant, however the survey will be referenced and compliance with it's recommendations will be part of project approval. Proposed Mitigation 1. Prior to submitting civil plans for any grading or other land disturbance permit(s), the applicant shall have completed the Palm Springs Pocket Mouse trapping survey. A final report of summation and recommendation shall be submitted to, reviewed, and accepted by, the Community Development Department prior to issuance of any land disturbance permit or other entitlement. If mitigation is recommended and determined by Community Development to be appropriate, said mitigation shall be completed before grading can be authorized. V. (a-d) - CULTURAL RESOURCES A Phase I (survey level) cultural resource assessment has been prepared for the• r) proposed site. The assessment uncovered a previously unrecorded' '", archaeological site, now designated as CA-RIV-7013. Most of the artifacts 2-3 PAW ally\ea2003468.wpd recovered came from surface collection and surface scrape fieldwork; trenching investigations revealed only negligible artifacts, but the extent of the site and it's potential for further artifact recovery require that monitoring during project development activities be conducted. As a result, while unlikely based upon the preliminary findings of the assessment, there is some unknown potential for impacts to prehistoric/cultural resources. Standard monitoring requirements will be conditioned upon project approval to ensure detection and retrieval of any uncovered resources, to be based on findings of the final report for the site. Proposed Mitigation 1. Prior to submitting civil plans for any grading or other land disturbance permit(s), the applicant shall have completed a final report of summation and recommendation on the archaeological fieldwork, as completed by CRM Tech. The final report(s) shall be submitted to, reviewed, and accepted by, the Community Development Department and Historic Preservation Commission, prior to issuance of any land disturbance permit or other entitlement. 2. The applicant shall have entered into a contract for archaeological monitoring with a qualified archaeologist, with a copy of that contract/agreement to be submitted with civil plans for any grading or other land disturbance. The contract shall be reviewed and accepted by Community Development prior to any grading permit approval. VI. (a-e) - GEOLOGY AND SOILS The proposed project area lies within the Zone III ground shaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures. already constructed within the area have been required to conform to Uniform Building Code. standards for seismic zones. Required Mitigation 1. Applicant shall comply with the recommendations of the geotechnical investigation prepared by Sladden Engineering, dated January 6, 20031 to the extent they are applicable. VII. (a-h) - HAZARDS AND HAZARDOUS MATERIALS There is no identifiable risk of upset or hazardous material release due to the location or development of this project. There will be no transport, use, or disposal of such materials associated with nor proximate to this project. The site is not located close to major trucking, rail or air transport facilities which might impact the residents of this project. There is no apparent risk from O wildfires in the areas surrounding the project. 24 PAW a11y\ea2003468.wpd Vill. (a-g) - HYDROLOGY AND WATER QUALITY No water quality or water supply and demand issues or impacts have been identified in regard to this proposal. The Coachella Valley Water District (CVWD) indicates that sewer and water service can and will be provided. Drainage considerations are a local issue, and the developer will be required to provide on -site retention in accordance with standard City practices. The site is not subject to inundation, although it is not included in current Flood Insurance Rate Maps (FIRM) of the area. IX. (a-c) - LAND USE AND PLANNING In regard to land use issues, the primary concern is that an amendment and rezone of this parcel to a higher use would constitute a "spot zoning" of the site. To that end staff has proposed an expansion of the request to include similarly zoned neighboring properties, which due to their size and configuration are considered to be more suitable for development at a higher density. The proposed amendment area is somewhat isolated from the surrounding community; it is limited by the All American Canal, Avenue 52, and the La Quinta Polo Estates. As such, this area would ultimately be a small isolated enclave of slightly higher density than the surrounding rural land uses; there is no potential for expansion of it's borders, as it is a small pocket of land surrounded on all sides by physical barriers and approved developing projects. The three properties involved total about 40 acres, allowing a maximum of 80 units under the existing Very Low Density (0-2 units/acre) land use designated on all three parcels. This maximum would double to 160 units if the same properties were to be re -designated to Low Density Residential (0-4 units/acre), but since the proposed tract map has only 60 units, that maximum would be 140 units. The potential addition of 80 units would increase available housing opportunities, but not create significant impacts to utilities, public service levels, traffic and other related land use factors. In addition, it is anticipated that the proposed density of the current project, at 3 units/acre, would be the maximum physical capacity for the remaining two parcels. X. (a, b) - MINERAL RESOURCES No mineral resources are identified as part of the site or any surrounding properties. No potential mineral resource recovery areas are designated, nor are there any locally identified mineral resources available on the site. XI. (a-e) - NOISE Noise impacts for residential land uses primarily originate from adjacent transportation corridors (rail and arterial roadways). Residential uses are almost always considered sensitive receptors for noise, as opposed to generating the impact. The only significant noise impacts will be generated from arterial roadway traffic on Avenue 52. The General Plan has adopted an exterior CNEL standards of 65 dBA (weighted decibels). The applicant has completed an =� PAWa11y\ea2003468.vvN 25 acoustical analysis of project noise impacts and mitigation, based on the previous General Plan exterior standard of 60 dBA CNEL. This analysis indicated that project impacts from Avenue 52 could be mitigated, using wall and berm combinations at heights of 6 to 7.5 feet. The study, however, will need to be revised to reflect the current standard, which should reduce the level of anticipated impact and the required level (wall height) of mitigation. Proposed Mitigation 1. Prior to applying for any perimeter wall permit(s), the applicant shall submit a revised acoustical analysis, prepared by Urban Crossroads on January 14, 2003, to incorporate the current General Plan exterior standard of 65 dBA CNEL. The study shall be reviewed and accepted by Community Development prior to any perimeter wall permit(s) being issued. XI1. (a-cl - POPULATION AND HOUSING The project will not induce substantial population growth, nor will it displace substantial numbers of existing housing or people. The site of the project is just under 20 acres, and with inclusion of the total expanded General Plan Amendment area as proposed is just under 40 acres. All property is vacant of any existing housing, and the project itself will generate an additional population of 168, only 56 people above the current land use allowed. Development of the project site and the expanded General Plan Amendment area as proposed, currently could support a population of 224 persons. If amended, the maximum potential population would be about 448 persons, but it is anticipated that an average net density of 3 units/acre could actually be achievable on these properties. This would allow a population of 112 persons above the existing land use density allowed. X111. (a) - PUBLIC SERVICES No comments have been received from any public agencies providing necessary services beyond commonly required procedures. No mitigation of any public service impacts is proposed, as no such impacts have been identified. XIV. (a, b) - RECREATION The project will not increase the use of any existing recreational facility, such that substantial physical deterioration of facilities would occur or be accelerated. The project does not include any recreational facilities, but is required by ordinance to pay in lieu fees as it's benefit share for parkland acquisition. PAWa11y\ea2003468.wpd j 26 XV. (a -a) - TRANSPORTATION/TRAFFIC There will be an incremental increase in traffic volume associated with the project's development (i.e. vacant to urban transition). The project itself will generate 572 average daily trips (ADT) . The following ADT numbers apply for comparison: ADT rate = 9.53 CURRENT LAND USE PROPOSED LAND USE Proposed site only 0 - 381 572 GPA area w/o site 0 - 381 0 - 763 GPA area w/site 0 - 763 0 - 1,525 While the maximum trip generation occurs at build out of the involved properties as Low Density Residential, at the high end of the density range (4 units/acre), it is more probable that a density of 3 units/acre is the highest physical density achievable. Avenue 52 is designated as a Primary Arterial status roadway (4 lanes, divided, raised median), and has the capacity to accommodate existing and projected traffic volumes, regardless of the generation rates identified above. No traffic issues were identified and no studies of area -wide traffic patterns or generation were requested. No impacts have been identified that would require mitigation. XVI. fa-g) - UTILITIES AND SERVICE SYSTEMS There will be an incremental increase in the need for utility services and their respective natural resources, as expected with any level of growth. However, the minimal cumulative impact involved with the project area to the overall utility systems will not affect a need for new, altered or otherwise modified aspects of those facilities. No impacts are anticipated. 2'7 P AW aI Iy\ea2003468.wpd W V a a 0 V Q ~ W Z U 00 Q LL. 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O CO) cc 0 'a W V N •> W F- I p, Li i a.m E * = •D J > A W CO) p Z V Lu w .N � y i w _E D •C •`- W m O �C ea O F— •E Q Z a 3 a. F- Z J �Z 0 0 0 06 I 0 U'M) N _.! ui D Z LLJ a mj 537.75 729.00 �s I N 389 \ Q W W moo Q O Co Z I W 0 X 0 LLJ Q N Z LL. J a Ll) Z LL! (D Z 0 D J 0 Cn LLJ J U Z D 0 U �U // RESOLUTION 2003-024 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT 31123 VISTA ENCANTO LA QUINTA, L.P. MAY 6, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Title 13 of the La Quinta Municipal Code (LQMC). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following 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 (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Storm water Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City.) B. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). C. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. A. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. E. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1. 2. 3. 4. 5. 6. Temporary Soil Stabilization (erosion control). Temporary Sediment Control. Wind Erosion Control. Tracking Control. Non -Storm Water Management. Waste Management and Materials Pollution Control. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 3 F. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. G. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Avenue 52 (Primary Arterial, 110 foot ROW option) - Total width required is 55 feet from existing centerline. 8. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out shown on the tentative map, except as noted below. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 4 1. All onsite streets, except in the entry gate area, shall have a 40-foot wide right of way width if a wedge curb is used. If a vertical curb is used, the right of way width may be reduced to 37 feet. In the entry gate area, the right of way width shall be wider and adjusted as needed to accommodate the median islands and travel ways. 2. Knuckle - The knuckle shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer. 10. Dedications shall include any additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 11 When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map the ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Said easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: A. Avenue 52 (Primary Arterial) - 20-feet from the right-of-way/property line. The listed setback depth shall mean the minimum depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 5 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Avenue 52 from lots with frontage along Avenue 52 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS 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. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quints L.P. Adopted: May 6, 2003 Page 6 20. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berm design in the combined parkway and landscape setback area. B. Perimeter Landscape Plan: 1 " = 20' C. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical D. On -Site Rough Grading Plan: 1 " = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of six inches of cover, except where there are slope ratios greater than 2:1, or sufficient cover to clear any adjacent obstructions. 21. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 22. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 7 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 23. Prior to the approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monuments. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 8 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 26. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monuments, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 9 Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. The applicant shall comply with the recommendations of the geotechnical investigation prepared by Sladden Engineering, dated January 6, 2003, to the extent they are applicable. 30. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 10 32. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more than one foot from the building pads in adjacent development. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than 1.5 feet except for lots that do not share a common street frontage, where the differential shall not exceed 3.0 feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 11 To accommodate a balanced grading project staff will consider pad elevation adjustments up to 2.0 feet on interior pads only. 38. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 39. In accordance with Condition 82, all required map revisions shall incorporate the necessary drainage improvements and design criteria of the Public Works Department, where not addressed by these conditions. In the event of conflicts, the decision of the Public Works Director shall be decisive. 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, storm water falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of using a trickling sand filter and leach field, or an alternative nuisance water device approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 12 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. The on -site common area retention basins shall be designed in accordance with Engineering Bulletin 97.03, and attractively landscaped. 46. Stormwater may not be retained in any General Plan -required landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 13 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF -SITE STREETS 1) Avenue 52 (Primary Arterial; 1 10' R/W option): Widen the north side of the street along all frontage adjacent to the Tentative Tract Map boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. The pavement/restoration improvement work located beyond 20 feet from the outer curb face (i.e. in the arterial core) is eligible for reimbursement from the City's Development Impact fee fund in accordance with policies established for that program. Off -site Improvements within the 20-foot dimension measured from the curb face towards the street centerline shall be constructed by the subdivider. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La auinta L.P. Adopted: May 6, 2003 Page 14 Other significant new improvements required for installation in, or adjacent, to the subject right of way include: (a) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. B. PRIVATE STREETS 1. All on -site residential streets, except in the entry gate area - Construct 36-foot wide roadbed (flowline to flowline) 2. Knuckle - Construct the knuckle to conform with the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 56. All gated entries shall provide for a two -car minium stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -entry accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" Turn back out onto Jefferson Street and Fred Waring Drive, from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 15 57. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents of alternate materials): Residential 3.0" a.c./4.50" c.a.b. Primary Arterial 4.5 "/6.00" or approved equivalents of alternative materials 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Westerly Street Entry): No restrictions on turning movements. B. Secondary Entry (Easterly Street Entry): No left turns allowed; right turn -in and right turn out movements are permitted. 59. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 61. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. CONSTRUCTION 62. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 16 63. Prior to applying for any perimeter wall permit(s), the applicant shall submit a revised acoustical analysis, prepared by Urban Crossroads on January 14, 2003, to incorporate the current General Plan exterior standard of 65 dBA CNEL. The study shall be reviewed and accepted by Community Development prior to any perimeter wall permit(s) being issued. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. The developer and subsequent property owner(s) shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. Parkway shade trees shall be delivered to the site in 24" or larger boxes with minimum 2-0-inch calipers. Trees shall be a minimum height of ten feet once installed. Parkway palm trees shall have a minimum brown trunk height of eight feet. Existing site vegetation on the project's perimeter shall be retained in place, unless noted otherwise on the grading plan. Any mature trees that are relocated during construction shall be evaluated by a licensed arborist prior to replanting. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Side slopes of the retention basins shall be planted with groundcover that is maintenance free. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of Coachella Valley Water District (CVWD) and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. NOTE: Plans are not approved for construction until signed by the City Engineer. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 17 67. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. All landscaping plan submittals shall demonstrate a concerted use of drought tolerant plantings, shrubs and ground cover. PUBLIC SERVICES 68. The applicant shall provide public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. 69. Specific fire protection requirements will be determined when final maps/building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building and water system plans are submitted. QUALITY ASSURANCE 70. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 71. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 72. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 73. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 18 MAINTENANCE 74. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 75. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 76. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 77. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 78. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). COMMUNITY DEVELOPMENT 79. Building heights shall be limited to one story/22 feet for all lots within the perimeter boundaries of the Tentative Map. 80. Prior to applying for any perimeter wall permit(s), the applicant shall submit a revised acoustical analysis, prepared by Urban Crossroads on January 14, 2003, to incorporate the current General Plan exterior standard of 65 dBA CNEL. The study shall be reviewed and accepted by Community Development Department prior to any perimeter wall permit(s) being issued. 81. Prior to submitting civil plans for any grading or other land disturbance permit(s), the applicant shall have completed a final report of summation and recommendation on the archaeological fieldwork, as completed by CRM Tech. The final report(s) shall be submitted to, reviewed, and accepted by, the Community Development Department and Historic Preservation Commission, prior to issuance of any land disturbance permit or other entitlement. Resolution No. 2003-024 Conditions of Approval - FINAL Tentative Tract 31123 - Vista Encanto La Quinta L.P. Adopted: May 6, 2003 Page 19 The applicant shall have entered into a contract for archaeological monitoring with a qualified archaeologist, with a copy of that contract/agreement to be submitted with civil plans for any grading or other land disturbance. The contract shall be reviewed and accepted by Community Development prior to any grading permit approval. An archaeological monitor shall be on site during any grubbing, earth moving or excavation activities. Should a resource be identified by the monitor, he/she shall be empowered to halt or redirect grading activities while the resource is properly isolated for identification and study. The monitor shall file a report with the City on his/her findings, including the disposition of any resource identified. 82. Prior to submitting civil plans for any grading or other land disturbance permit(s), the applicant shall have completed the Palm Springs Pocket Mouse trapping survey. A final report of summation and recommendation shall be submitted to, reviewed, and accepted by, the Community Development Department prior to issuance of any land disturbance permit or other entitlement. If mitigation is recommended and determined by Community Development to be appropriate, said mitigation shall be completed before grading can be authorized. 83. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increases or decreases in number of lots, that meet the general criteria above, but involve a change of no more than 5% of the total lot count of the Tentative map as approved. Any revisions that exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. Notwithstanding the above, the plans submitted for final map checking shall reflect the revised map as proposed to the City Council at their April 15, 2003 meeting. 84. If Lot 42 is a residential lot, it shall be re -plotted, relocated or deleted, to the satisfaction of the Public Works and Community Development Departments, in order to avoid any entry gate conflict at the east drive entry.