CC Resolution 1989-066^ 9 CITY COUNCIL RESOLUTION NO. 89-66
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS, CONFIRMING THE
F
ENVIRONMENTAL ANALYSIS AND APPROVAL OF
TENTATIVE TRACT NO. 24517 TO ALLOW THE
CREATION OF A 91-LOT RESIDENTIAL
SUBDIVISION ON A 21.62-ACRE SITE.
CASE NO. TT 24517 WARING ADAMS VENTURE
WHEREAS, the Planning Commission of the City of La
Quinta, did? on the 23rd day of May, 1989, hold a duly-noticed
Public Hearing recommending confirmation of the environmental
analysis and approval of the request of Waring Adams Venture to
subdivide 27.62 acres into 91 single-family development lots
for sale, generally located on the southeast corner of Fred
Waring Drive and Adams Street, more particularly described as:
PARCEL 1 AND 2 OF PARCEL MAP 14087, AS
SHOWN BY PARCEL MAP ON FILE IN BOOK 67
PAGE 41 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CA, IN SECTION 20,
TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN.
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 6th day of June, 1989, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning the
environmental analysis and Tentative Tract Map No. 24517; and,
WHEREAS, said Tentative Map has complied with the
requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director
conducted an initial study, and has determined that the
proposed Tentative Tract will not have a significant adverse
impact on the environment; and,
WHEREAS, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Tentative Tract 24517, thereby requiring that
monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
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^ 9 WHEREAS, at said Public Hearing, Upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts to justify the approval of said
Tentative Tract Map:
1. That Tentative Tract No. 24517, as conditionally
approved, Is consistent with the goals, policies,
and intent of the La Quinta General Plan for land
use density in that the property is designated for
low density development, circulation requirements,
and the proposed R-l zoning district development
standards, and the design requirements of the
Subdivision Ordinance.
2. That the subject site has a rolling topography due
to sand dunes, and the proposed circulation design
and single*farnily lot layouts, as conditioned, are,
therefore, suitable for the proposed land division.
3. That the design of Tentative Tract map No. 24517
may cause substantial environmental damage or
injury to the wildlife habitat of the Coachella
Valley Fringe-Toed Lizard, but mitigation measures
in the form of fees for a new habitat area will
lessen this impact.
4. That the design of the subdivision, as
conditionally approved, will be developed with
public sewers and water, and, therefore, is not
likely to cause serious public health problems.
5. That the design of Tentative Tract Map No. 24517
will not conflict with easements acquired by the
public at large for access through the project,
since alternate easements for access and for use
have been provided that are substantially
equivalent to those previously acquired by the
public.
6. That the proposed Tentative Tract No. 24517, as
conditioned, provides for adequate maintenance of
the landscape buffer areas, parking area and storm
water retention and other common areas.
7. That the proposed Tentative Tract No. 24517, as
conditioned, will provide storm water retention,
park facilities, and noise mitigation as required
by the La Quinta General Plan.
8. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunction with the La Quinta General Plan, and
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^ 9 were further considered during preparation of
Environmental Assessment No. 89-120 and its
required monitoring program to be implemented by
the Applicant.
WHEREAS, in the review of this Tentative Tract Map,
the City Council has considered the effect of the contemplated
action of the housing needs of the region for purposes of
balancing the needs against the public service needs of the
residents of the City of La Quinta and its environs with
available fiscal and environmental resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Council in this case;
2. That it does hereby recommend confirmation of the
Environmental Assessment No. 89-120, relative to
the environmental concerns for this Tentative Tract;
3. That it does hereby approve the subject Tentative
Tract Map No. 24517 for the reasons set forth in
this Resolution and subject to the attached
conditions.
F PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 6th day of June,
1989, by the following vote, to wit:
AYES: Council Members Bohnenberqer, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN
City of La Quinta, California
City of La Qui a, California
APPROVED AS TO FORM:
CITY ATTORNEY I
City of La Quinta, California
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^ 9CITY COUNCIL RESOLUTION NO. 89-66
CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 24517
JUNE 6, 1989
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 24517 shall comply with the
requirements and standards of the State Subdivision
Map Act and the City of La Quinta Land Division
Ordinance, unless otherwise modified by the
following conditions.
2. This Tentative Tract Map approval shall expire two
years after the original date of approval by the La
Quinta City Council unless approved for extension
pursuant to the City of La Quinta Land Division
Ordinance.
3. The Applicant acknowledges that the City is
considering a City-wide Landscape and Lighting
District and, by recording a subdivision map,
agrees to be included in the District and to offer
for dedication such easements as may be required
for the maintenance and operation of related
facilities. Any assessments will be done on a
benefit basis, as required by law.
4. Prior to approval of any grading activities or
permits, the applicant shall submit an
archaeological mitigation plan to indicate the
status of any existing archaeological/cultural
resources of any potential significance. Said plan
shall identify any existing reports done by the
University of California, Riverside, Archaeological
Research Unit, and shall include methods by which
any significant or potentially significant sites
will be inventoried and/or excavated. A mitigation
and monitoring program shall be required to be
submitted, specifying a qualified archaeological
monitor, including any assistants and other
representatives. The statement shall provide the
current address and phone number for each monitor.
The designated monitors may be changed from time to
time, but no such change shall be effective unless
served by registered or certified mail on the
Planning and Development Department. The
designated monitors or their authorized
representatives shall have the authority to
temporarily divert, redirect or halt grading
activity to allow recovery of resources. In the
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^ 9 event of discovery or recognition of any human
remains, there shall be no further grading,
excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human
remains until appropriate mitigation measures are
completed.
5. The Developer of this subdivision of land shall
cause no easements to be granted or recorded over
any portion of this property between the date of
approval by the City Council and the date of
recording of the final map without the approval of
the City Engineer.
Traffic and Circulation
6. The Applicant shall construct or bond for half
street improvements to the requirements of the City
Engineer and the La Quinta Municipal Code, as
follows:
a. Fred Waring Drive shall be constructed to
City standards for a 120-foot right-of-way
width Major Arterial), with an 18-foot
raised median island, eight-foot sidewalk,
and two-percent cross slope to centerline
plus joins.
b. Adams Street shall be constructed to City
standards for an 88-foot right-of-way width
Secondary Arterial), with a curb-to-curb
width of 64 feet, with a five-foot sidewalk
and two-percent cross slope to centerline
plus joins. Adams Street shall be designed
for ultimate grade from Fred Waring Drive to
Miles Avenue, and constructed adjacent to
Tract 22982, and as necessary for reasonable
transitions and surface drainage requirements.
c. The interior public street system shall be
designed pursuant to the approved Exhibit A
tract map) for TT 24517, with a six-foot
sidewalk, and two-percent slope.
Cul-de-sacs, including Lots D, F, G, and H,
shall be designed for a 50-foot right-of-way
with 36-foot width curb-to-curb and a
five-foot utility easement on both sides of
the street. The cul-de-sac turnaround shall
be per City standards. Streets A, B, C, and
E shall be designed for a 60-foot
right-of-way with a curb-to-curb width of 40
feet.
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^ 9 Any variations to the approved street system
design sections shall be subject to review
and approval by the Public Works Department.
7. An encroachment permit for work in any abutting
local jurisdiction shall be secured prior to
constructing or joining improvements i.e., County
of Riverside).
8. A temporary road access may be provided off Fred
Waring Drive through to road H. This access shall
be terminated upon the completion of model complex
use or at the end of two years, whichever occurs
first. Prior to expiration, the
Applicant/Developer may request extension from the
Planning Commission for continued use of the
temporary access. Primary access to the project
will be off Adams Street. A drawing showing
details of this proposed temporary access point
shall be submitted to the Planning and Development
Department and Engineering Department for approval.
9. If the temporary road access from Fred Waring is
closed before a secondary access to the east or
south of the project is established, a temporary
secondary access shall be provided through Lot 87
or 88 to Adams Street. This temporary access will
be terminated once a secondary access point has
been established to the east or south of the
project. A note in this regard shall be placed on
Lot 87 or 88 as part of the final map recordation
process.)
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL
10. Prior to final map approval by the City Council,
the Applicant shall submit a proposal to the
Planning Commission, for recommendation to the City
Council, for meeting parkiand dedication
requirements as set forth in Section 13.24.030, La
Quinta Municipal Code. The proposal for
dedication, fee-in-lieu, or combination thereof
shall be based upon a dedication requirement of 0.8
acres, as determined in accordance with said
Section.
11. A noise study shall be prepared by a qualified
acoustical engineer, to be submitted to the
Planning and Development Department for review and
approval prior to final map approval. The study
shall concentrate on noise impacts on the tract
from perimeter arterial streets, and recommend
alternative mitigation techniques. Recommendations
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^ 9 of the study shall be incorporated into the tract
design. The study shall consider use of building
setbacks, engineering design, building orientation,
noise barriers berming and landscaping, etc.),
and other techniques so as to avoid the isolated
appearance given by walled developments.
12. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and
approval by the Public Works Department and the
Planning and Development Department.
13. The subdivider shall make provisions for
maintenance of all landscape buffer and storm water
retention areas via one of the following methods
prior to final map approval.'
a. Subdivider shall consent to the formation of
a maintenance district under Chapter 26 of
the Improvement Act of 1911 Streets and
Highways Code, Section 5820 et seq.) or
the Lighting and Landscaping Act of 1972
Streets and Highways Code 22600 et seq.)
to implement maintenance of all improved
landscape buffer and storm water retention
areas. It is understood and agreed that the
Developer/Applicant shall pay all costs of
maintenance for said improved areas until
such time as tax revenues are received from
assessment of the real property.
b. The Applicant shall submit to the Planning
and Development Department a Management and
Maintenance Agreement, to be entered into
with the unit/lot owners of this land
division, in order to insure common areas and
facilities will be maintained. A unqualified
right to assess the owners of the individual
units for reasonable maintenance costs. The
association shall have the right to lien the
property of any owners who default in the
payment of their assessments.
The common facilities to be maintained are as
follows:
1) Storm water retention system.
2) Twenty-foot perimeter parkway lot along
Fred Waring Drive.
3) Ten-foot perimeter parkway lot along
Adams Street.
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^ 9 14. Prior to recordation of a final map, the
Applicant shall pay the required mitigation fees
for the Coachella Valley Fringe-Toed Lizard Habitat
Conversion Program, as adopted by the City, in the
amount of $600 per acre of disturbed land.
15. The approval herein contemplated by the City
Council is related to change of Zone No. 89-044,
and no final map of the proposed subdivision shall
be recorded prior to the effective date of an
ordinance changing the official zoning
classification of the subject property to R-1.
Grading and Drainage
16. The Applicant shall submit a grading plan that is
prepared by a registered civil engineer who will be
required to supervise the grading and drainage
improvement construction and to certify that the
constructed conditions at the rough grade stage are
as per the approved plans and grading permit. This
is required prior to final map approval.
Certification at the final grade stage and
verification of pad elevations is also required
prior to final approval of grading construction.
17. The Applicant shall submit a copy of the proposed
grading, landscaping, and irrigation plans to
Coachella Valley Water District for review and
comment with respect to CVWD1s water management
program.
18. A thorough preliminary engineering geological and
soils engineering investigation shall be done and
the report submitted for review along with the
grading plan. The report's recommendations shall
be incorporated into the grading plan design prior
to grading plan approval. The soils engineer
and/or the engineering geologist must certify to
the adequacy of the grading plan.
19. Any earthwork on contiguous properties required a
written authorization from the owner(s) slope
easement) in a form acceptable to the City Engineer.
20. Drainage retention basin(s) shall be designed to
retain the 100-year storm 24 hour) on-site within
the basin, subject to the approval of the City
Engineer. Retention basin size shall be adequate
to provide required storage1' without use of street
area for storage. Basin in excess of six-foot
water depth shall be fully fenced security) with
lockable gate(s).
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^ 9 21. Owner shall execute and record a 1Declaration of
Dedication11 in a form acceptable to the City and
offering the dedication of drainage retention
basin(s) to the City for future acceptance and
maintenance. In the interim, the owners shall
maintain the basin(s) and provide bond assurance
accordingly.
Traffic and Circulation
22. Applicant shall comply with the following
requirements of the Public Works Department:
a. The Applicant shall dedicate all necessary
public street and utility easements as
required, including all corner cutbacks.
b. The Applicant shall submit street improvement
plans that are prepared by a registered civil
engineer. Street improvements, including
traffic signs and markings and raised median
islands if required by the City General
Plan), shall conform to City standards as
determined by the City Engineer and adopted
by the La Quinta Municipal Code three-inch
AC over four-inch Class 2 Base minimum for
residential streets).
c. Street name signs shall be furnished and
installed by the Developer in accordance with
City standards.
23. Applicant shall dedicate, with recordation of the
tract map, access rights to Fred Waring Drive and
Adams Street for all individual parcels which front
or back-up to those rights-of-way.
Tract Design
22. A landscape setback shall be required along Fred
Waring Drive 20-foot minimum) and Adams Street
10-foot minimum). Design of the setbacks shall be
approved by the Planning and Development
Department. Setbacks shall be measured from
ultimate right-of-way lines.
a. The minimum setbacks may be modified to an
11average11 if a meandering or curvilinear wall
design is used.
b. Setback areas shall be established as a
separate common lot and be maintained as set
forth in Condition No. 11, unless an
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^ 9 alternate method is approved by the Planning
and Development Department.
25. The tract layout shall comply with all the R-l
zoning requirements, including minimum lot size and
minimum average depth of a lot. The minimum lot
size to be recorded in a final map shall be 7,200
square feet.
26. The street shown as Lot C on TT 24517 shall line
up with the access point located on the northerly
property line of TT 23913. The access point into
this tentative tract Lot A) shall line up with the
access opposite facilitating TT 23269.
Walls, Fencing, Screening, and Landscaping
27. Prior to issuance of any grading permits, the
Applicant shall submit to the Planning and
Development Department an interim landscape
program for the entire tract, which shall be for
the purpose of wind erosion and dust control. The
land owner shall institute blowsand and dust
control measures during grading and site
development. These shall include, but not be
limited to:
a. The use of irrigation during any construction
activities;
b. Planting of cover crop or vegetation upon
previously graded but undeveloped portions of
the site; and
c. Provision of wind breaks or wind rows,
fencing, and/or landscaping to reduce the
effects upon adjacent properties and property
owners. The land owner shall comply with the
requirements of the Director of Public Works
and Planning and Development. All
construction and graded areas shall be
watered at least twice daily while being used
to prevent the emission of dust and
blows and.
28. Graded but undeveloped land shall be maintained in
a condition so as to prevent a dust and blowsand
nuisance and shall be either planted with interim
landscaping or provided with other wind and water
erosion control measures as approved by the
Planning and Development and Public Works
Departments.
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^ 9 29. Prior to final map approval, the Applicant shall
submit to the Planning Division for review and
approval a plan or plans) showing the following:
a. Landscaping, including plant types, sizes,
spacing, locations, and irrigation system for
all landscape buffer areas. Desert or native
plant species and drought resistant planting
materials shall be incorporated into the
landscape plan.
b. Location and design detail of any proposed
and/or required walls.
c. Exterior lighting plan, emphasizing
minimization of light and glare impacts to
surrounding properties.
30. Prior to final map approval, the subdivider shall
submit criteria to be used for landscaping of all
individual lot front yards. At a minimum, the
criteria shall provide for two trees and an
irrigation system.
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS
31. Prior to the issuance of a building permit for
construction of any building or use contemplated by
this approval, the Applicant shall obtain permits
and/or clearances from the following public
agencies:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
o Coachella valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the
above-mentioned agencies shall be presented to the
Building Division at the time of the application
for a building permit for the use contemplated
herewith.
32. Provisions shall be made to comply with the terms
and requirements of the CityTs adopted
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^ 9 Infrastructure Fee Program in effect at the time of
issuance of building permits.
33. Seventy-five percent of dwelling units within 150
feet of the ultimate right-of-way of Fred Waring
Drive shall be limited to one story, not to exceed
20 feet in height. The Applicant shall submit to
the Planning and Development Department for
approval a drawing showing the location of any
units higher than one story located along Fred
Waring Drive frontage.
34. The appropriate Planning approval shall be secured
prior to establishinq any of the following uses:
a. Temporary construction facilities.
b. Sales facilities, including their
appurtenant signage.
C. On-site advertising/construction signs.
35. The Applicant shall submit complete detail
architectural elevations for all units, for
Planning Commission review and approval as a
Business Item. The architectural standards shall
be included as part of the CC & Rs.
Traffic and Circulation
37. The Applicant shall pay a 25 percent share of all
fees necessary for signalization costs at the
corner of Fred Waring Drive and Adams Street.
38. The termination point of the street shown as Lots C
and E on Exhibit A Tentative Tract Map), shall be
barricaded to the satisfaction of the Public Works
Department. If the road network for Tract 23913
has been constructed and completed, then Lot C
shall be constructed to connect with that
subdivision, in accordance with the approved street
improvement plans and the requirements of the City
Engineer.
Public Services and Utilities
39. The Applicant shall comply with the requirements of
the City Fire Marshal.
40. The Applicant shall comply with all requirements of
the Coachella valley Water District. Any necessary
parcels for District facility expansion shall be
shown on the final map and conveyed to the
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^ 9
Coachella Valley Water District, in accordance with
the Subdivision Map Act.
41. All utilities will be installed and trenches
compacted to City standards prior to construction
of any streets. The soils engineer shall provide
the necessary compaction test reports for review by
the City Engineer, as may be required.
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^ 9 RESOLUTION 89-65
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA ASSESSING LIEN AND
PROVIDING FOR COLLECTION ON TAX ROLLS ON
CERTAIN PROPERTY FOR COSTS OF ABATEMENT
OF PUBLIC NUISANCE
WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides
for the declaration and determination of certain conditions of
property to be a public nuisance and further provides for the
abatement of said nuisance by certain procedures including abatement
by the City and collection of the cost of said abatement on the tax
rolls; and
WHEREAS, in accordance with said abatement procedures, the
Community Safety Director of the City of La Quinta, as agent of the
City Manager, has determined that a public nuisance exists on the
following described premises, and has given the notice required by
law, and the owner thereof has failed to appeal said determination
and has failed to abate said nuisance as required in said notice; and
WHEREAS, in accordance with said abatement procedure, the
Community Safety Director has, by contract, provided for the
abatement of said public nuisance on said properties and has filed a
report thereon with the City Council and the City Council has
conducted a hearing on said report and the assessment of said costs
against said properties.
NOW, THEREFORE, the City Council of the City of La Quinta does
hereby RESOLVE as follows:
1. The City Council hereby finds, determines, and declares that the
City has abated a public nuisance on each of the following
described premises and has conducted a hearing on assessment
of the costs of said abatement in the time and manner as required
by law and further determines that there were no objections or
protests to assessments of said costs by any interested party.
2. The City Council hereby finds, determines, and orders that the
report of the Community Safety Director relative to assessment
of costs is hereby approved and the City Council hereby orders
that the following costs are hereby assessed as liens against the
following properties and the amount of said assessment shall be
collected at the time and in the manner of ordinary property
taxes:
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^ 9 Resolution No. 89-65
June 6, 1989
Page 2
ASSESSOR'S COST TO 25% ADMIN.
OWNER PARCEL # ABATE COST TOTAL
Budhraja, V.5. 773-311-005 $100.00 $25.00 $125.00
Hamilton, Donald 774-273-010 $100.00 $25.00 $125.00
Hill Top Developers 773-272-001 $100.00 $25.00 $125.00
Richards, Edward
& Caroline 774-142-020 $100.00 $25.00 $125.00
Siefker, Max
& Eunice 774-266-015 $100.00 $25.00 $125.00
Stone, Harold &
Dorothy, TR 773-241-012 $100.00 $25.00 $125.00
3. The City Clerk is hereby directed to transmit a certified
copy of this Resolution to the tax collector of the County of
Riverside and said tax collector is hereby requested to
collect the amount of each assessment herein at the time and in
the manner of ordinary property taxes.
APPROVED and ADOPTED this 6th day of June, 1989.
John J. Pena ayo
City of La Qu nta, alifornia
AT7T:****
* JU*ity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
City Attorney
City of La Quinta, California
RESABTE3
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