CC Resolution 1989-109^ :
CITY COUNCIL RESOLUTION NO. 89-109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS1 CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND APPROVAL OF
TENTATIVE TRACT NO. 24950 TO ALLOW THE
CREATION OF A 37 LOT RESIDENTIAL
SUBDIVISION ON A 9 ACRE SITE.
CASE NO. TT 24950 CHONG B. LEE
WHEREAS, the Planning Commission of the City of La
Quinta, did, on the 12th day of September, 1989, hold a
duly-noticed Public Hearing recommending confirmation of the
environmental analysis and approval of the request of Chong B.
Lee to subdivide +9 acres into 37 single-family development
lots for sale, generally located on the northeast corner of
Miles Avenue and Dune Palms Street, more particularly described
as:
THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF
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 3rd day of October, 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. 24950; and,
WHEREAS, said Tentative Map has complied with the
requirements of 1'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 24950, 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:
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1. That Tentative Tract No. 24950, 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-family lot layouts, as conditioned, are,
therefore, suitable for the proposed land division.
3. That the design of Tentative Tract map No. 24950
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. 24950
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. 24950, 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. 24950, 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
were further considered during preparation of
Environmental Assessment No. 89-138 and its
required monitoring program to be implemented by
the Applicant.
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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 Council in this case;
2. That it does hereby recommend confirmation of the
Environmental Assessment No. 89-138, relative to
the environmental concerns for this Tentative Tract;
3. That it does hereby approve the subject Tentative
Tract Map No. 24950 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 3rd day of October,
1989, by the following vote, to wit:
AYES: Council Members Sniff, Rushworth, Bohnenberqer,
Mayor Pena
NOES: NONE
ABSENT: Council Member Bosworth
ABSTAIN: NONE
JOHN PENAi(aYo*
City of La *uinta, California
ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
City of La Quinta, California
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CITY COUNCIL RESOLUTION NO. 89-109
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT MAP NO. 24950
OCTOBER 3, 1989
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 24950 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. The City shall retain a qualified archaeologist,
with the Developer to pay costs, to prepare a
mitigation and monitoring plan for artifact location
and recovery. Prior archaeological studies for this
site as well as other unrecorded information, shall
be analyzed prior to the preparation of the plan.
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:
1) identify the means for digging test pits; 2)
allow sharing the information with the CVAS; and 3)
provide for further testing if the preliminary
result 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.
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A list of the 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 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.
Upon completion of the data recovery, the developer
shall cause three copies of the final report
containing the data analysis to be prepared and
published and submitted to the Planning and
Development Department.
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. Miles Avenue shall be constructed to City
standards for a 110-foot right-of-way width
Primary Arterial), with an 18-foot raised
median island, six-foot sidewalk, and
two-percent cross slope to centerline, plus
joins.
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b. Dune Palms Road 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. Dune Palms Road shall be designed
for ultimate grade from Fred Waring Drive to
Miles Avenue, and constructed adjacent to
Tract 24950, 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 24950, with a six-foot
sidewalk and two-percent slope. Cul-de-sacs
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. Lot A" shall be
designed for a 60-foot right-of-way, with a
curb-to-curb width of 40 feet.
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., City of
Indio).
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL
8. 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 parkland dedication requirements as set
forth in Section 13.24.030, La Quinta Municipal
Code. The proposal for dedication shall be based
upon a dedication requirement of 0.32 acres, as
determined in accordance with said Section.
9. 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
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other techniques so as to avoid the isolated
appearance given by walled developments.
10. 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.
11. Cwner shall execute and record a Declaration of
Dedication" in a form acceptable to the City and
offering the dedication of drainage retention
basin(s) and hardscape buffer areas to the City for
future acceptance and maintenance. In the interim,
the owners shall maintain the basin(s) and perimeter
landscaping and provide bond assurance accordingly.
12. 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
Miles Avenue.
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3) Ten-foot perimeter parkway lot along Dune
Palms Road.
13. 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.
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. 89-047, 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 CVWD's 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.
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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 storage" without use of street
area for storage. Basin in excess of six-foot water
depth shall be fully fenced security) with lockable
gate(s). The location of the retention basin is
subject to approval by the City Engineer and the
Planning and Development Department. If the
Applicant is unable to retain all run-off from the
100-year storm, he shall obtain a letter from the
landowner receiving the flow stating that he accepts
the flow and release the Applicant from his
responsibilities to retain said flow.
Traffic and Circulation
21. 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.
22. Applicant shall dedicate, with recordation of the
tract map, access rights to Miles Avenue and Dune
Palms Road for all individual parcels which front or
back-up to those rights-of-way.
23. The Applicant shall obtain a 10-foot right-of-way
easement over the property to the east of the
subject site, alongside Lot B", for street
construction and emergency parking purposes unless
an alternative arrangement is approved by the
Engineering Department.
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Tract Design
24. A minimum 20-foot and 10-foot landscaped setback
shall be provided along Miles Avenue and Dune Palms
Road respectively. 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
average" 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. 12, unless an 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.
Walls, Fencing, Screening, and Landscaping
26. 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 the 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
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.
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27. 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 Plannin*
and Development and Public Works Departments.
28. 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.
29. 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 five trees on
a corner) and an irrigation system.
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS
30. Pr*or 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
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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.
31. 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.
32. Seventy-five percent of dwelling units within
150-feet of the ultimate right-of-way of Miles
Avenue shall be limited to one story, not to exceed
20-feet in height. The Applicant shall submit to
the Planning and Development Department for the
approval a drawing showing the location of any units
higher than one story located along Miles Avenue
frontage.
33. The Applicant shall pay a twenty-five percent share
of all fees necessary for signalization costs at the
corner of Miles Aenue and Dune Palms Road.
34. 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.
35. The Developer shall construct landscaping and
irrigation systems for drainage retention basin(s)
and perimeter areas. The Developer shall maintain
the drainage basin(s) and perimeter areas for one
year following dedication acceptance by the City.
36. Prior to the issuance of a grading permit, 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 TT 24950 and EA
89-138, which must be satisfied prior to the
issuance of a grading permit. Prior to the issuance
of a building permit, 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 EA 89-138 and TT 24950 which must be satisfied
prior to the issuance of a building permit. Prior
to final building inspection approval, the Applicant
shall prepare and submit a written report to the
Planning and Development Director demonstrating
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co*pliance with all remaining conditions of approval
and mitigations measures of EA 89-138 and TT 24950.
The Planning and Development Director may require
inspection or other monitoring to assure such
compliance.
Traffic and Circulation
37. The termination point of the street shown as Lot B1'
on Exhibit A Tentative Tract Map), shall be
barricaded to the satisfaction of the Public Works
Department. If the road network for the ad*)ifl*' ng
tracts have been constructed and completed, then the
above streets shall be constructed to connect wih
these subdivisions, in accordance with the approvcd
street improvement plans and the requirements of the
City Engineer.
Public Services and Utilities
38. The Applicant shall comply with the requirements of
the City Fire Marshal.
39. 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 District, in accordance with the
Subdivision Map Act.
40. All on-site and off-site utilities will be insta*led
dnderground and trenches compacted to City standards
prior to construction of any streets. The soils
engineer shall provide the necessary compaction te*t
Teports for review by the City Engineer, as may oe
r*qui red.
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