CC Resolution 1989-118^ ;7
CITY COUNCIL RESOLUTION NO. 89-118
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS AND GRANTING
APPROVAL OF TENTATIVE TRACT NO. 24890
TO CREATE A 443 LOT SUBDIVISION ON A
404 + ACRE SITE.
CASE NO. TT 24890 J. M. PETERS COMPANY
WHEREAS, the Planning Commission of the city of La
Quinta, California did on the 12th Day of September, 1989, hold
a duly-noticed Public Hearing to consider the request of J.M.
Peters Company, Inc. to divide 404+ acres into 657 lots 564
residential lots) in the R-2 and C-P-S change of zone to R-2
under consideration) zone, generally located at the northwest
intersection of 52nd Avenue and Jefferson Street, more
generally described as:
Portions of the south half of the north half and the
south half of Section 5, T55, R7E, SBBM.
WHEREAS, the City Council of the City of La Quinta,
California, did on the 17th day of October, 1989, hold a
* duly-noticed Public Hearing to consider the Applicant1s request
and recommendation of the Planning Commission concerning the
Tentative Tract Map No. 24890; 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 has
determined that this Tentative Tract Map has previously been
assessed during consideration of Specific Plan No. 85-006; and
WHEREAS, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Tentative Tract No. 24890 and Specific Plan NO.
85-006, 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. 24890, 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 the Subdivision
Ordinance and the La Quinta Municipal Code.
2. That the design of Tentative Tract Map No. 24890 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. 24890, 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. 24890 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 for Specific Plan No. 85-006.
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 approve the subject Tentative
Tract Map No. 24890 for the reasons set forth in
this Resolution and subject to the attached
conditions.
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3. That it does waive Section 13.12.050, street
alignment and Section 13.12.080(c) of the La Quinta
Subdivision Ordinance.
PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 17th day of
October, 1989, by the following vote, to wit:
AYES: Council Members Bohnenberqer, Bosworth, Rushworth,
Sniff and Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of Quin a, California
ATTEST:
*-*SAUNDRA L. JUHOLA y,City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
* 4$,*A.*fr*
DAWN HONEYWELL, C*Lty Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION NO. 89-118
CONDITIONS OF APPROVAL
TENTATIVE TRACT No. 24890
OCTOBER 17, 1989
GENERAL
1. Tentative Tract Map No. 24890 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. Design and improvement of Tentative Tract 24890 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.
4. All applicable requirements and conditions of Specific
Plan No., 85-006, as amended shall be met as stipulated in
City Council Resolution NO. 89-76 or current resolution).
5. Existing power poles shall be undergrounded as required by
the La Quinta Municipal Code Section 13.28.090.
6. Prior to issuance of any building permits, the appropriate
Planning approval shall be secured prior 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.
7. 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
native plant species and drought-resistant planting
materials shall be incorporated into the landscape
plan.
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b. Location and design detail of any proposed and/or
required walls.
c. Exterior lighting plan, in conformance with any
future Dark Sky" Ordinance emphasizing minimization
of light and glare impacts to surrounding properties.
8. Prior to building permit approval(s), 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.
9. The subdivider shall make provisions for maintenance of
all landscape buffer common areas, recreation areas, 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.
10. Prior to the issuance of a grading permit/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
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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 any
permit for any use contemplated by this approval.
11. 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 24890 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.
12. Lots that exceed 2-1/2 depth times width ratio, shall be
provided with 25-foot front yard setback.
**13. Approval of this Tentative Tract Map shall be subject to
approval of GPA No. 89-026, SP No. 85-006 Amendment), and
CZ No. 89-045, by the City Council.
14. 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.
15. Minimum landscaped setbacks adjacent to public streets as
stipulated in Specific Plan No. 85-006 amended), shall be
required. Design of the setbacks shall be approved by the
Planning and Development Department. Setback shall be
measured from ultimate right-of-way lines.
a. The minimum setback may be modified to an average"
if a meandering or curvilinear wall design is 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. 9, unless an alternate method
is approved by the Planning and Development
Department.
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16. Exceptions to La Quinta Subdivision Ordinance Sections
13.12.050, Street Alignment and 13.12.080(c) lots, is
hereby approved.
PUBLIC SERVICES AND UTILITIES:
17. Applicant shall comply with following Conditions of the
City Fire Marshal:
A. Schedule A fire protection approved Super fire
hydrants, 6" X 4" X 2-1/2" X 2-1/2") shall be
located one at each street intersection spaced not
more than 330 feet apart in any direction with no
portion of any frontage more than 165 feet from a
fire hydrant. Minimum fire flow shall be 2500 gpm
for two hours duration at 20 psi.
B. The water mains shall be capable of providing a
potential fire flow of 2500 gpm and an actual fire
flow available from any one hydrant shall be 1500
gpm for two hours duration at 20 psi residual
operating pressure.
C. Prior to recordation of the final map,
Applicant/Developer shall furnish one blueline coy
of the water system plans to the Fire Department for
review. Plans shall conform to the fire hydrant
types, location and spacing, and the system shall
meet the fire flow requirements. Plans shall be
signed/approved by a registered civil engineer and
the local water company 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".
D. The required water system including fire hydrants
shall be installed and accepted by the appropriate
water agency prior to any combustible building
material being placed on an individual lot.
E. Prior to the recordation of the final map, the
Applicant/Developer shall provide alternate accesses
as approved by the County Fire Department.
1.) Exterior accesses issues.
2.) Cul de sac secondary access issue.
F. Whenever access into private property is controlled
through use of gates, barriers, guard houses or
similar means, provision shall be made to facilitate
access by emergency vehicles in a manner approved by
the Fire Department. All controlled access devices
that are power operated shall have a
radio-controlled over-ride system capable of opening
the gate when activated by a special
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transmitter located in emergency vehicles. Devices
shall be equipped with backup power facilities to
operate in the event of power failure. All
controlled access devices that are not power
operated shall also be approved by the Fire
Department. Minimum opening width shall be 12-feet,
with a minimum vertical clearance of 13-feet
6-inches.
G. Medians and islands may require additional setbacks
to allow Fire Department access.
18. All requirements of the Coachella Valley water District
shall be met.
ENGINEERING DEPARTMENT
19. 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.
* 20. An encroachment permit for work in any abutting local
jurisdiction shall be secured prior to constructing or
joining improvements.
21. 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.
22. The Applicant acknowledges that the City is considering 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.
23. All traffic, circulation, and drainage conditions placed
on Specific Plan No. 85-006 shall apply except where
specifically modified by the conditions for this tentative
subdivision map.
24. Applicant shall post security for street improvements in
the right-of-way contiguous to the subdivision as follows:
Jefferson Street 1/2 width plus 1 land + raised
landscaped median
Avenue 52 1/2 width plus 1 land + raised
landscaped median
Calle Rondo 1/2 width
Calle Tampico 1/2 width
Park Avenue 1/2 width
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25. 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-inch AC over 4-inch
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.
26. A common area lot shall be established for that area
between the tract perimeter wall and street right-of-way
for Jefferson street, Avenue 52, Calle Rondo, Calle
Tampico, and Park Avenue streets. Landscaped maintenance
responsibility of the total common lot and street
landscape parkway shall be the responsibility of the
development.
27. 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 grade
stage are as per 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.
28. 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.
29. A thorough preliminary engineering geological and soils
engineering investigation shall be done and the report
submitted for review along with the grading plan. The
reports 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. Pursuant to
Section 11568 of the Business and Professions Code, the
soils report certification shall be indicated on the final
subdivision map.
30. 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.
31. 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.
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32. 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.
33. The Applicant shall post security equivalent to the
proportional share designated, and may obtain some
reimbursement from the City in a manner approved by the
City Council for traffics signals, in accordance with the
following table.
Initial Portion Eligible
Posting for
Requirement Reimbursement
Jefferson Avenue 50 50% 37.5%
Jefferson * Project Entrance 100% None
Jefferson Avenue 52 50% 25%
Avenue 52 Project Entrance 100% 50%
34. Applicant shall dedicate all necessary public street
right-of-way and utility easements for the following
streets:
Jefferson 60' half width
Avenue 52 120' full-width see note)
Calle Rondo 30' half-width and suitable conforms
Calle Tampico 30' half-width and suitable conforms
Park Avenue 30' half-width and suitable conforms
NOTE: The 120' figure may be reduced to 110' pending
outcome of proposed General Plan Amendment.
35. Applicant shall record permanent public access easement on
all lots created in the subdivision for private streets.
**36. In order to improve access between Washington Street and
this subdivision for traffic with trip ends in the
subdivision, and to provide for orderly development along
Avenue 52 east of Washington Street to the eastern edge of
Tract Map *24889, the Applicant shall make every effort to
obtain a 60*foot*** wide easement for public street
purposes from the adjoining property owner to the west.
As a minimum, an interim two-lane paved facility shall be
concurrently constructed in the easement that joins
Washington Street when the other Avenue 52 improvements
are installed. The interim facility shall be constructed
in a manner that will permit incorporation into the
ultimate street improvement with minimal adaptation.
The Applicant may seek reimbursement for the improvements
for that section of Avenue 52 east of Washington Street to
the western edge of Tract * 24890 in the following manner.
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1. Prior to January 1, 1992, the Applicant shall seek
direct reimbursement, from the developer of the
property that provides the easement.
2. After January 1, 1992, the Applicant may seek
reimbursement from the City consistent with any
policy or program in existence at that time.
It shall be understood by all parties involved in
providing the easement and subsequent interim improvement
that the City intends to condition the future development
of the property adjoining Tract #24890 to affect
reimbursement for costs relevant to same incurred by the
Applicant or city whichever is carrying the cost at the
time. If the Applicant is unable to obtain the easement,
the following condition shall apply:
A. The intersection of **new" Avenue 52 with old"
Avenue 52 shall be configured in a manner that the
two intersect at 90 degree angles. The curve on
new'1 Avenue 52 that leads into the intersection
shall have a minimum radius.
B. In addition to the right-of-way required for the
ultimate alignment of Avenue 52, the Applicant shall
dedicate additional right-of-way as needed, to
accommodate the interim intersection configuration.
C. Traffic signals shall be installed when traffic
counts warrant the need, as determined in accordance
with the collective conditions of approval for this
tract. The Applicant shall be 100% responsible for
the cost of the signals; the city will administer
the design and installation.
D. Although new'1 Avenue 52 shall be offered for
dedication, it will not be accepted as a public
street until the link to Washington Street is
completed, and the other link which is constructed
under these collective conditions of approval has
been determined by the city Engineer to be in a
state of good repair.
37. The Applicant shall enter into a license agreement with
the City to provide for maintenance, liability insurance
coverage, and other relevant concerns that may be
identified, and as needed, for the tunnel that is proposed
for placement under the pavement in the Jefferson Street
right-of-way. The agreement, which will be subject to
approval of appropriate City officials, will be prepared
by the city at the Applicant's expense prior to issuance
of permits to construct tunnel.
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38. Applicant shall provide street grades that are 0.35
percent or greater unless demonstrated by engineering
design, and approved by the City Engineer, that drainage
is adequate and the minimum gradient cannot be
satisfactorily obtained.
39. Security posting requirements for the traffic signals may
be staged in proportional increments commensurate with,
and based on, the number of dwelling units in each
successive development phase. The Applicant shall provide
traffic signal improvement plans prepared by a registered
civil engineer, and install the signals when warranted
pursuant to an annual warrant study of the intersections
identified in Condition *33. The study shall be conducted
by a qualified traffic engineer at the Applicant's expense
and submitted for review and approval by the City Engineer.
40. The Applicant shall post security for private street
improvements in the subdivision in amounts commensurate
with, and as needed, to meet circulation and access
requirements for each proposed phase of the subdivision
development. The security shall be posted prior to
recording of the subject phase of the final map.
Installation of the secured improvements by the Applicant
shall occur prior to issuance of occupancy Permits.
41. The Applicant shall post security for all public street
improvements prior to recording of the final subdivision
map.
42. Installation of the secured public street improvements by
the Applicant shall occur and may be staged in a manner
commensurate with the development phasing of this
subdivision, adjoining subdivisions and traffic needs, all
as determined by the City Engineer. As a minimum, an
interim two-lane paved facility shall be constructed
concurrently with Phase I of the development in the Avenue
52 right-of-way, and the easement required in Condition
No. 38 from Jefferson to Washington Streets. The interim
improvement shall be constructed in a manner that will
permit incorporation into the ultimate street improvement
with minimal adaption.
43. The Applicant may obtain some reimbursement from the City
in a manner approved by City Council for the segment of
Avenue 52 constructed in the 60-foot wide easement between
Washington Street and the westerly most boundary of Tract
No. 24890.
44. The Applicant shall vacate vehicle access rights to all
public streets except for selected private streets that
may intersect Avenue 52 and Jefferson Street at locations,
and in a manner approved by the City Engineer.
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45. Additional exceptions where vehicle access rights to
public streets may be retained are as follows: 1) the
golf course maintenance facility located adjacent to
Avenue 52 and Calle Rondo may enjoy direct access to
Avenue 52 and Calle Rondo temporarily only, see condition
#50, but the Avenue 52 access shall be right-turn-in/
right-turn-out only; 2) the C.V.W.D. well site located
adjacent to Calle Rondo and Calle Tampico may enjoy direct
access to either street, but not both; 3) gated emergency
access to interior private streets from Jefferson Street
and Park Avenue shall be provided in accordance with the
requirements of the City Engineer and City Fire Marshal.
46. The Applicant shall aesthetically enhance the outward
appearance of the C.V.W.D. well site located adjacent to
Calle Rondo and Calle Tampico, and the golf course
maintenance facility located adjacent to Calle Rondo and
Avenue 52. Specific improvements shall include: 1)
continuation of the sound wall and landscaping in the
setback area along the Calle Rondo, Calle Tampico, and
Avenue 52 frontages; 2) a paved driveway at the access
point; 3) an aesthetically attractive sight restricted
gate.
47. The Applicant shall provide a 20-foot wide and a 10-foot
wide landscaped setback lot respectively, on the Avenue 52
and Calle Rondo frontages adjacent to the golf course
maintenance facility.
48. Along Jefferson Street where golf course abuts proposed
perimeter wall, decorative wrought iron or steel tube
fencing shall be used to allow views into project, if in
conformance with acoustical study as required by Specific
Plan No. 850996, as amended).
*49* custom horne lots *wnbers 487-505 and 530-554 shall be
permitted to be a maximum 28-feet in height within one
story.
*50. Existing maintenance building access to Calle Rondo shall
be permanently eliminated at the time 52nd Avenue is
realigned, as required by Condition No. 11 of Plot Plan
No. 86-285.
* Add** by City Council on October 17, 1989.
** Amended by City Council on October 17, 1989.
*** The 60-foot dimension may be reduced to 55-feet pending
the outcome of proposed General Plan Amendment.
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