CC Resolution 1989-099^ : 161
CITY COUNCIL RESOLUTION NO. 89-99
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
CONCURRING WITH THE ENVIRONMENTAL
ANALYSIS AND GRANTING APPROVAL OF
TENTATIVE TRACT NO. 24507 TO ALLOW THE
CREATION OF A 25-LOT RESIDENTIAL
SUBDIVISION ON A +35-ACRE SITE.
CASE NO. TT 24507 STEVEN BRUMMEL
a)
a)
o WHEREAS, the Planning Cornmjssjon of the City of La
m Quinta, did, on the 8th day of August, 1989, hold a
duly-noticed Public Hearing to consider the request of Steven
brummel to subdivide +35 acres into 25 single-family
development lots for sale, one well site parcel, along with
various common area parcels, generally located on the north
side of 52nd Avenue, +2,650 feet east of the Jefferson Street
centerline, and more Particularly described as:
BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, T65 R7E, S.B.B.M.
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
and that approval of said map is conditioned upon annexation of
said property to such City; and,
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 analysis and Tentative Tract Map *24507; 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,
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WHEREAS, mitigation of various physical impacts have
been identified and incorporated into the approval conditions
for Tentative Tract 24507, thereby requiring that monitoring of
those mitigation measures be undertaken to assure compliance
with them; and,
WHEREAS, at said Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts to justify the approval of said
Tentative Tract Map:
1. That Tentative Tract No. 24507, as conditionally
approved, is consistent with the goals, policies, and
intent of the La Quinta General Plan for land use
density, circulation requirements, proposed zoning
district development standards, and design requirements
of tt*e Subdivision Ordinance and th* La Qu*nta Mun*c*pal
Code.
2. That the design of Tentative Tract Map No. 24507 will not
cause substantial environmental damage or injury to the
wildlife habitat.
3. That the proposed subdivision, as conditionally approved,
will be developed with adequate sewer, water, drainage,
and other utility systems, and, therefore, is not likely
to cause serious public health problems.
4. That the proposed Tentative Tract No. 24507, as
conditioned, will provide for adequate maintenance of all
common areas and facilities, including the internal
private street system, stormwater retention areas, and
common landscaped areas.
5. That the design of Tentative Tract Map No. 24507 will not
conflict with easements acquired by the public at large
for access through the project, since alternate easements
for access and for use will be provided, which are
substantially equivalent to those previously acquired by
the public.
6. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunction with the La Quinta General Plan, and were
further considered during preparation of Environmental
Assessment No. 89-125.
7. That the proposed Tentative Tract 24507 is within an
approved Sphere of Influence for the City of La Quinta, a
portion of which is currently under study for potential
annexation and is adjacent to the City.
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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 recommend confirm the
Environmental AssessmenftrNo* 89-125, relative to the
m environmental concerns this Tentative Tract;
3. That it does hereby qrant approval of the s1*jec.t
Tentative Tract Map No. 24507 for the reasons set
forth in this Resolution and subject to the
attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 6th day of
September, 1989, by the following vote, to wit:
AYES: Council Members Bohnenberger, Bosworth1 Rushworth,
Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN PEN ayo
City of La um a, California
ATTEST:
iflRAL.JUHOLA,LZC**Y Clerk
City of La Quinta, California
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APPROVED AS To FORM: *
DAWN HONEYWELL, C*y Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 89-99
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 24507
SEPTEMBER 6, 1989
* Mitigation as identified in EA 89-125
GENERAL
1. Tentative Tract Map No. 24507 shall comply with the
requirements and standards of the State Subdivision Map
0 Act and the City of La Quinta Land Division Ordinance,
m unless otherwise modified by the following conditions.
2. Design and improvement of Tentative Tract 24507 shall be
in substantial conformance with Exhibit A, except where
there are conflicts between these conditions and said
Exhibit, these condition(s) shall take precedence.
3. 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. See Condition
No. 35)
4. 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.
ENGINEERING/GRADING/DRAINAGE
5. The Applicant shall have a grading plan prepared by a
Registered Civil Engineer, who will be required to certify
that the constructed conditions at the rough and final
grade stages are as per the approved plans and grading
permit. This is required prior to issuance of building
permits.
6. Vacation of existing irrigation line easements and
establishment of new easements for rerouted irrigation
lines shall be subject to approval by lID, CVWD, and the
City Engineer. Width of Lot D shall be reduced to 30
feet, and shown on the final map submitted for plan check
in relationship to the existing easement for the 20-inch
irrigation line, as shown on Exhibit A TT 24507). All
easements shall be located/relocated outside of dedicated,
private, or reserved right-of-ways.
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7. Slope easements will be required as deemed necessary by
the City Engineer for work on any abutting properties, to
include the Coachella Canal right-of-way. A minimum
20-foot easement including slope, if required) shall be
reserved for non-motorized public access for potential
bikeway or pedestrian use. This easement shall generally
extend along the canal right-of-way.
8. * A thorough preliminary engineering geological and soils
engineering investigation shall be done and the report
submitted for review along with the grading plan.
Pursuant to Section 11568 of the Business and Professions
Code, the soils report certification shall be indicated on
the final subdivision map.
9. The developer of this subdivision of land shall cause no
easements to be granted or recorded over any portion of
tb jq property between the date of approval bv the City
Council andthe date of recording*6f the final map without
the approval of the City Engineer.
10. * 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, including runoff from 52nd Avenue, for
which portion the Applicant is responsible.
11. 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.
12. * The Applicant shall submit a copy of the proposed grading,
landscaping, and irrigation plans to Coachella valley
Water District for review and comment with respect to
CVWD's water management program. These plans shall
include the landscape and irrigation plans for all
perimeter street setback area, common area, and retention
area.
13. * 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;
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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 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.
CD 14. * Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and blowsand nuisance
CD and shall be either planted with interim landscaping or
C) provided with other wind and water erosion control
m measures as approved by the Planning and Development and
Public Works Departments. *
15. * Prior to approval of any grading or other site disturbance
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.
In the event that the testing reports reveal a need for
further studies, 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 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.
16. 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
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performance bond in a form satisfactory to the City and
granting the City the right to cause any such structures
to be removed.
TRAFFIC AND CIRCULATION
17. The Applicant shall dedicate all necessary public street
and utility easements as required by the City Engineer:
a. 52nd Avenue to Primary Arterial standard 55-foot
half-width).
b. All other public/private easements as deemed
necessary.
18. That 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, markings, and raised median
island, shall conform to City standards as determined by
the City Engineer and adopted by the La Quinta Municipal
Code, and as set forth in these conditions.
a. Construction of 52nd Avenue to half-width plus one
travel lane, in accordance with standards for
Primary Arterials 110-foot right-of-way) plus
suitable conforms to existing pavement. Applicant
shall design and construct full landscaped median
for 52nd Avenue. Applicant may bond for future
median improvements subject to approval of the City
Engineer.
b. Prepare street improvement plans and construct
improvements for private streets.
19. Applicant shall dedicate, with recordation of the tract
map, access rights to 52nd Avenue for all individual
parcels which front or back-up to those rights-of-way,
with the exception of street entries.
20. Street name proposals shall be submitted for review and
approval by the Planning and Development Department prior
to recordation of any portion of the final 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.
21. Access to the tract shall be permitted as follows:
a. The western-most entry between Lots 1 and 25)
access shall be limited to right turns in/out only;
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b. The eastern-most entry between Lots B and C) shall
be permitted a full median break.
PUBLIC SERVICES/UTILITIES
22. * Applicant shall comply with the following requirements of
the Fire Marshal:
a. Schedule A fire protection approved Wet-Barrel
Super" hydrants shall be located one at each street
intersection spaced not more than 330 feet apart in
any direction with not portion of any lot frontage
more than 165 feet from a hydrant. Minimum fire
flow shall be 1,000 GPM for two hours duration at 20
a:) PSI. The private water system installed for fire
o protection shall be designed to meet the minimum
0 standards for NFPA and the Riverside County Fire
DeTh*rtm,,nt. * to a * W.***r qvqt*m
wi*l be required when one i*sinstalle'd adjac*nt to
the property that is capable of providing the
required fire flows.
b. Prior to the recordation of the final map,
Applicant/Developer shall furnish one blueline copy
of the water system plans to the Fire Department for
review and approval. Plans shall conform to the
fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans
shall be signed by a registered civil engineer with
the following certification: *I certify that the
design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire
Department.
c. The required water system1 including fire hydrants,
shall be installed and accepted by the Fire
Department prior to any combustible material being
placed on any individual lot.
d. A permanent monwnent for each house address shall be
provided adjacent to each driveway at Polo Club
Circle.
e. Access driveways shall be designed to withstand the
weight of emergency vehicles, be not less than 12
feet in width, with a vertical clearance of 14 feet,
and be free of sharp confined turns.
Residential dwellings constructed on Lots 1 through
4 shall have access roads from Polo Club Circle and
be assigned addresses to Polo Club Circle.
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g. Gates installed to restrict vehicle access to Polo
Club Circle shall be power operated and equipped
with Fire Department F" frequency. Gates shall be
capable of being opened by human hands without
special force or knowledge in the event of power
failures. Plans for the installation shall be
submitted to the Fire Department for review and
approval prior to the installation.
23. 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 Coachella Valley Water
District1 in accordance with the Subdivision Map Act.
a. Lot 26 well site) shall be designated as lettered
Lot E on the final map, and shall be specifically
note* a* a non- res*denti*1 parc*l
b. Access to Lot 26 shall be provided from Avenue 52
through Lot A common area perimeter setback lot).
Location, width, and format of proposed access shall
be reviewed and approved by the City Engineer and
CVWD prior to any final map recordation.
TRACT DESIGN
24. A minimum 20-foot landscaped setback shall be required
along 52nd Avenue. Design of the setback shall be
approved by the Planning and Development Department.
Setback shall be measured from ultimate right-of-way lines.
a. The minimum setback shall be calculated as an
1'average11 with a meandering or curvilinear wall
design to be used.
b. The parkway setback area(s) shall be established as
a) separate common lot(s) and be maintained as set
forth in Condition No. 32, unless an alternate
method is approved by the Planning and Development
Department.
25. Lot D shall be gated and restricted to limited access by
the owners of Lots 1-4. In the event of development
proposal. for APN 769-280-004, Lot D shall be required to
be reserved as a part-width boundary street to serve that
parcel as a joint-use access. This joint access is
intended to provide for the necessary minimum cul-de-sac
design. Restrictions on use for access and reservation
clauses shall be set forth, as appropriate, on the face of
the final map and in the CC & Rs submitted to the City for
the tract. No continuous or routine access shall be
permitted over Lot D. Routine vehicular access to Lots 1
through 4 shall be via Polo Club Circle.
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26. The retention areas at Lots 1 and 2 shall be controlled
with an easement granted to the Homeowner's Association
established pursuant to Condition *32.b., solely for the
purpose of stormwater retention. Ultimate design and
location of the storrnwater retention system shall be
subject to the review and approval of the City Engineer.
BUILDING AND USE DEVELOPMENT
27. If a specific dwelling product is envisioned or if groups
of lots are sold to builders prior the the issuance of
building permits, the Applicant/Builder shall submit
complete detail architectural elevations for all units.
The Planning Commission will review and approve these as a
Business Item. The basic architectural standards shall be
0 included as part of the CC & Rs.
m 2R. Prior to issuance of any building permits, the appropriate
*ianning approval shall be secured *r*ior to establishing
any of the following uses:
a. Temporary construction facilities.
b. Sales facilities and/or model homes, including their
appurtenant signage. Model home unit permits will
not be issued until the final map has been recorded.)
c. Access gates and/or guardhouses.
d. On-site advertising/construction signs.
29. * 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.
WALLS. FENCING, SCREENING. AND LANDSCAPING
30. 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 and common areas including gates. Desert or
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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 plan1 emphasizing minimization of
light and glare impacts to surrounding properties.
31. Prior to building permit approval(s)1 the subdivider shall
submit criteria to be used for landscaping of all
individual lot front yards. At a minimum, the criteria
shall provide for three 15-gallon trees on interior lots
and five 15-gallon trees on corner lots, as well as an
irrigation system and suitable ground cover.
MAJ NTENANcE
32. 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 maintained are as follows:
1) Storm water retention system.
2) T'wenty-foot perimeter parkway lot(s) along
52nd Avenue.
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3) Interior private street system, including any
access gates and other related common
facilities/landscaping on Lots B, C, and D.
MISCELLANEOUS
33. Prior to the issuance of a grading permit/building permit
for construction of any building or use contemplated by
this approval1 the Applicant shall obtain permits and/or
clearances from the following public agencies:
0 City Fire Marshal
m 0 City of La Quinta Public Works Department
C 0 Planning and Development Department, Planning
m Division
o Coachella Valley Water District
o Coachella Valley 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 any
permit for any use contemplated by this approval.
34. Provisions shall be made to comply with the terms and
requirements of the City's adopted Infrastructure Fee
Program in effect at the time of issuance of building
permits.
35. This approval shall not be in effect until and unless the
annexation of the property has been approved1 adopted by
Re*olution of the City Council, and said Resolution has
been recorded. No final map may be approved until the
annexation is completed; however, the Applicant may
commence with the final map review process while awaiting
annexation. 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.
36. The Applicant/Developer shall pay fees, in lieu of
parkland dedication, based upon 22 acres of parkland
required to be dedicated pursuant to Chapter 13.24 of the
La Quinta Municipal Code. This payment shall be made
prior to scheduling the final map, or any portion thereof,
for City Council approval.
37. * 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
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those conditions of approval and mitigation measures of
Tentative Tract 24507 and Environmental Assessment 89-125,
which must be satisfied prior to the issuance of any
permits/final inspections. The Planning and Developrnent
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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