CC Resolution 1989-100^ : CITY COUNCIL RESOLUTION NO. 89-***
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
ANNOUNCING FINDINGS CONFIRMING THE
ENVIRONMENTAL DETERMINATION AND
GRANTING APPROVAL OF TENTATIVE TRACT
*24774 TO ALLOW THE CREATION OF A 136
SINGLE FAMILY LOT SUBDIVISION ON A 40
GROSS ACRE SITE.
CASE NO. TT *24774 BUD FURMAN
WHEREAS, the Planning Commission of the City of La
Quinta, did, on the 8th day of August, 1989, hold a
duly-noticed Public Hearing to consider the request of Bud
Furman to subdivide 40 gross acres into 136 single-family lots,
one park site/retention basin, and other miscellaneous lots in
the A-l-20 zone Riverside County zoning to be annexed into
City of La Quinta), generally located at the northwest corner
of Madison Street and 54th Avenue, more particularly described
as:
SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 6 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 September, 1989, hold a
duly-noticed Public Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning the
Environmental Determination and Tentative Tract #24774; and
WHEREAS, said real property is within an area which
is part of an approved Sphere of Influence of the City of La
Quinta; and,
WHEREAS, said real property area is currently under
consideration for annexation into the City of La Quinta; and,
WHEREAS, California Government Code Section 66454
provides that a City may take action on a tentative subdivision
map of unincorporated property adjacent to that City, provided
that approval of said map is conditioned upon annexation of
said property to such City; and,
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^ : 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 has 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 24774, thereby requiring that
monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts and reasons to justify the
recommendation for approval of said Tentative Tract Map:
1. That Tentative Tract No. 24774, as conditionally
approved, is generally consistent with the goals,
policies, and intent of the La Quinta General Plan
for land use density, unit type, circulation
requirements, R-1 zoning district development
standards, and design requirements of the
Subdivision Ordinance.
2. The subject site has a fairly flat topography. The
proposed circulation design and lot layouts, as
conditioned, are, therefore, suitable for the
proposed land division.
3. That the design of Tentative Tract Map No. 24774
will not cause substantial environmental damage or
injury to the wildlife habitat of the Coachella
valley.
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. 24774
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. 24774, as
conditioned, provides for adequate maintenance of
the landscape buffer areas.
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^ : 7. That the proposed Tentative Tract No. 24774, as
conditioned, provides storm water retention, park
facilities, and noise mitigation.
8. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunction with the La Quinta General Plan.
WHEREAS, in the review of this Tentative Tract 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 City Council in this
case;
2. That it does hereby confirm the conclusion of
Environmental Assessment No. 89-127 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve the subject Tentative
Tract Map #24774 for the reasons set forth in this
Resolution subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 6th day of
September, 1989, by the following vote, to wit:
AYES: Council Members Bohnenberger, Dosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN P A Ma or
City of La Quinta, California
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^ :ATTEST:
AUNDRA L. JUHOLA, *ty Clerk
City of La Quinta
61*.
DAWN HONEYWELL, Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION NO. 89-100
CONDITIONS OF APPROVAL TENTATIVE TRACT 24774
SEPTEMBER 6, 1989
* Mitigation as identified in EA 89-127
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 24774 shall comply with the
requirements and standards of the State Subdivision Map
act and the City of La Quinta Land Division Ordinance,
0 unless otherwise modified by the following conditions.
m 2. This Tentative Tract Map approval shall expire two years
after th* * *f property to the City of *
Quinta, unless approved for extension pursuant to the
City of La Quinta Land Division Ordinance.
3. * Prior to issuance of any grading or building permits,
Developer shall cause City of La Quinta to retain a
qualified archaeologist, at Developer's expense, to
review any prior archaeological studies. If subject site
is not covered by previous studies, on-foot survey of
site shall be done and mitigation and monitoring plan for
artifact location and recovery shall be prepared. The
plan shall be submitted to the Coachella Valley
Archaeological Society CVAS) for a two-week review and
comment period. At a minimum, the plan shall:
a. Identify the means for digging test pits;
b. Allow sharing the information with CVAS; and,
C. Provide for further testing if the preliminary
results show significant materials are present.
The final plan shall be submitted to the Planning
and Development Department for final review and
approval.
Prior to the issuance of a grading permit, the Developer
shall have retained a qualified cultural resources
management firm and completed the testing and data
recovery as noted in the plan. The management firm shall
monitor the grading activity as required by the plan or
testing results.
A list of qualified archaeological monitor(s), cultural
resources management firm employees, and any
assistant(s)/representative(s), shall be submitted to the
Planning and Development Department. The list shall
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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 to 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 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 reasonable suspected to overlie adjacent
human remains until appropriate mitigation measures are
completed.
Upon completion of the data recovery, the Developer shall
cause *threecop*esof the f*nal report conta*n*n* the
data analysis to be prepared and published, and submitted
to the Planning and Development Department.
4. Approval of this Tentative Tract shall not be valid
unless and until property is annexed to the City of La
Quinta. Final map shall not be approved until the
annexation is completed. The property shall have been
annexed to the City within one year of the original date
of approval of the tentative map by the City Council.
5. Existing power poles shall be undergrounded as required
by the La Quinta Municipal Code Section 13.28.090.
6. * 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 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. At a minimum, a
six-foot high decorative block wall shall be provided
around the project site. Provisions shall be made to
comply with the following standards:
a. Interior of residences habitable rooms only); CNEL
of less than 45 decibels.
b. Exterior; CNEL of less than 60 decibels in outdoor
living areas.
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7. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and approval
by the Public Works Department and the Planning and
Development Department prior to recordation of final map.
8. Tract layout, including, but not limited to, lot sizes,
width, and depth, shall comply with R-l zone requirements
or other zone as determined by City Council).
9. Prior to final map approval, the Subdivider shall submit
plans or criteria to be used for landscaping of all
single-family individual lot front yards. At a minimum,
the plans or criteria shall provide for three 15-gallon
trees for interior lots and five 15-gallon trees for
corner lots, and a permanent irrigation system and
suitable ground cover.
0 10. Prior to final map approval, the Applicant shall submit to
m the Planning & Development Department 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 and park/retention basin area include
grading plan). 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.
11. * If it is determined by the Planning Director that the
proposed park/retention basin is not acceptable for use
as a usable park site to comply with Park and Recreation
Subdivision Requirements, in-lieu fees shall then be paid
as required by Subdivision Ordinance.
12. * 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,
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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 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 blowsand.
Graded but undeveloped land shall be inaintained 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.
TRAFFIC, CIRCULATION, AND ENGINEERING
13. The Applicant shall dedicate all necessary public street
and utility easements as required by the City Engineer.
14. The Applicant shall vacate vehicle access rights, except
at street intersections to the following streets: Avenue
54, and right turns only at intersection of C" Street
with Madison.
15. A common area lot shall be established for that area
between the tract perimeter wall and street right-of-way
for Madison and Avenue 54. Landscape maintenance
responsibility of the total common lot and street
landscape parkway shall be the responsibility of the
development.
16. The Applicant shall construct street improvements for
Madison and Avenue 54, together with all streets on-site,
to the requirements of the City Engineer and the La
Quinta Municipal Code.
17. The Applicant shall have prepared street improvement
plans for public and private streets) 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
3" AC over 4" Class 2 Base minimum for residential
streets). Street design shall take into account the
subgrade soil strength, the anticipated traffic loading,
and street design life.
18. The Applicant shall have a grading plan that is prepared
by a registered civil engineer who will be required to
certify that the constructed conditions at the rough
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grade stage are pursuant to the approved plans and
grading permit. This is required prior to issuance of
building permits. Certification at the final grade stage
and verification of pad elevations is also required prior
to final approval of grading construction.
19. The Developer of this subdivision shall submit a copy of
the proposed grading, landscaping, and irrigation plans
to Coachella Valley Water District for review and comment
with respect to CVWD's water management program.
CD 20. A thorough preliminary engineering geological and soils
engineering investigation shall be done and the report
submitted for review along with the grading plan. The
CD report recommendations shall be incorporated into the
o grading plan design prior to grading plan approval. The
m soils engineer and/or the engineering geologist must
**r*ifv * * * of the grading pl*n- P11r*11**t to
Section 11568 of the Business and Professions Code, the
soils report certification shall be indicated on the
final subdivision map.
21. 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.
22. Drainage disposal facilities shall be provided as
required by the City Engineer. The Applicant shall
comply with the provisions of the City Master Plan of
Drainage, including payment of any drainage fees required
therewith. All drainage runoff for 100-year storm shall
be retained in basin on-site.
23. 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.
24. Prior to transmittal of the final map to the City Council
by the City Engineering Department, any existing
structures which are to be removed from the property
shall have been removed or there shall be an agreement
for the removal which shall be secured by a faithful
performance bond in a form satisfactory to the City and
granting the City the right to cause any such structures
to be removed.
25. An encroachment permit for work in any abutting local
jurisdiction shall be secured prior to constructing or
joining improvements. Riverside County)
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26. The Applicant shall pay the required processing plan
checking, and inspection fees as are current at the time
the work is being accomplished by City personnel or
subcontractors for the Planning, Building, or Engineering
Divisions.
27. The Applicant acknowledges that the City has formed a
City-wide Landscaping and Lighting District, and by
recording a subdivision map, agrees to be included in the
District. Any assessments will be done on a benefit
basis, as required by law. 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.
28. * All drainage for 100-year storm shall be retained
on-site, including runoff from Madison and Avenue 54.
29. Design and construct full landscaped median on Madison
and Avenue 54, or, provide suitable bonding for future
improvements.
30. * Construct Madison and Avenue 54 to one-half of 110-foot
Primary Arterial standard, plus one traffic lane, and
suitable conform to existing pavement.
31. Submit landscape plans for approval Note 3:1 maximum
slopes). Require bonded agreement for landscape
maintenance by owner.
32. Require easement(s) for meandering sidewalks.
33. Bond 25 percent $25,000) future traffic signals at
Madison and Avenue 54.
34. Street names to be approved by Planning and Development
Department prior to recordation of tract map. Street
name signs shall be furnished and installed by the
Developer in accordance with standards of the City
Engineer. Signage type and design shall be subject to
review and approval of the Planning and Development
Department and the Public Works Department.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO ThE ISSUANCE OF
BUILDING PERMITS
35. Prior to 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:
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0 City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
o Coachella Valley Water District
o Imperial Irrigation District
* 0 Coachella Valley Unified School District
Evidence of said permits or clearances from the
above-mentioned agencies shall be presented to the
o Building Division at the time of the application for a
m building permit for the use contemplated herewith.
36. * Provisions shall be made to comply wi*th the terms and
requirements of the City's adopted Infrastructure Fee
Program in effect at the time of issuance of building
permits.
37. The appropriate Planning approval shall be secured prior
to establishing any of the following uses:
a. Temporary construction facilities.
b. Sales facilities, including their appurtenant
signage.
C. On-site advertising/construction signs.
38. The Applicant/Builder shall submit complete detail
architectural elevations for all units. The Planning
Commission or Design Review Board, if operational at time
of submission, will review and approve these as a
Business Item. The basic architectural standards shall
be included as part of the CC & Rs.
39. * Prior to the issuance of any grading, building, or other
development permit or final inspection, the Applicant
shall prepare and submit a written report to the Planning
and Development Director demonstrating compliance with
those conditions of approval and mitigation measures of
Tentative Tract 24774 and Environmental Assessment
89-127, which must be satisfied prior to the issuance of
any permits/final inspections. The Planning and
Development Director may require inspection or other
monitoring to assure such compliance. Said inspection or
monitoring may be accomplished by consultant(s) at the
discretion of the Planning Director, and all costs
associated shall be borne by the Applicant/Developer.
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MISCELLANEOUS
40. The six-foot-high perimeter wall along 54th Avenue and
Madison Street shall be meandered within the required
landscaped setback, so that setback is average 20 feet
with minimum 15-foot setback. Plan for wall to be
approved by Planning Director prior to recordation of
tract map.
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