CC Resolution 1989-139#; CITY COUNCIL RESOLUTION NO. 89-139
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND GRANTING
APPROVAL OF TENTATIVE TRACT MAP 25429
TO ALLOW A CUSTOM HOME SUBDIVISION ON A
36.2 ACRE SITE.
CASE NO. TT 25429 CHATEAU LAND DEVELOPMENT
WHEREAS, the Planning Commission of the City of La
Quinta, California, did on the 12th day of December, 1989, hold
a duly-noticed Public Hearing to consider the reques*t of Chateau
Land Development to subdivide 36.2 acres into 83 custom
single-family home lots, one future development lot, and other
miscellaneous lots, generally located on the south side of 50th
Avenue at Park Avenue, more particularly described as:
THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5,
T6S, R7E, S.B.B.M.
WHEREAS, the City Council of the City of La Quinta,
California, did on the 19th day of December, 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 25429; and,
WHEREAS, said tentative map has complied with the
requirements of The Rules to Implement the California
Environmental Quality Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director
conducted an initial study, and has determined that the
proposed tentative tract will not have a significant adverse
impact on the environment; and,
WHEREAS, mitigation of various physical impacts
have been identified and will be incorporated into the approval
conditions for Tentative Tract 25429 in conjunction with this
tentative tract, 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 25429, 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. That the subject site has a rolling type topography
because of the sand dunes. 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. 25429 will not
cause substantial environmental damage or injury to the
wildlife habitat of the Coachella Valley Fringe-Toed
Lizard.
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 25429 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 25429, as conditioned,
provides for adequate maintenance of the landscape buffer
areas.
7. That the proposed Tentative Tract 25429, 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 CityCouncil 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;
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#; 2. That it does hereby confirm the conclusion of
Environmental Assessment 89-148 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve the subject Tentative Tract
Map 25429 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 19th day of
December, 1989, by the following vote, to wit:
AYES: Council Member Bohenberger, Bosworth, Rushworth, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La uinta, California
*U:D:A+UH**<>rk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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#; CITY COUNCIL RESOLUTION 89-139
CONDITIONS OF APPROVAL APPROVED
TENTATIVE TRACT 25429
DECEMBER 12, 1989
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 25429 shall comply with the
requirements and standards of the State SUbdivjsjon 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 has formed 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.
5. 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 CVAS; and 3) 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.
*rior 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
ad*acent 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.
6. 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.
STREETS AND CIRCULATION
7. The Applicant shall dedicate all necessary public street
and utility easements as required by the City Engineer as
follows:
a. Avenue 50: Fifty-foot half-street right-of-way.
b. Utility Easement: A five-foot-wide utility w
easement on each side of all interior private C)
streets.
CD
8. The Applicant shall construct street improvements for all
public and private streets to the requirements of the City CD
Engineer and the La Quinta Municipal Code LQMC).
9. 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 LQMC 3" AC over 4" Class 2 Base mm. for
residential streets). Street design shall take into
account the subgrade soil strength, the anticipated
traffic loading, and street design life.
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#; 10. The Applicant shall reimburse the City for all costs
incurred in designing and constructing the forthcoming
City-sponsored street improvements to be installed on Park
Avenue and Avenue 50 in areas adjoining the tract. On
Park Avenue, south of 50th Avenue where the street is
entirely on Tentative Tract 25429. Reimbursement to the
City shall be 50% or 100% of the costs of designing and
constructing street improvements on Park Avenue where the
street is entirely on Tentative Tract 25429, south of 50th
Avenue as determined by the City Engineer. The
forthcoming City-sponsored improvements are only limited
portions of the ultimate General Plan street improvements;
the Applicant shall also be responsible for additional
street improvements as required elsewhere in these
conditions.
11. The Applicant shall construct or post security for street
improvements as required by the City Engineer and
La Quinta Municipal Code, as follows:
a. Avenue 50: Half-width improvements adjacent to
tract per General Plan, plus an appropriate
transition that extends beyond the limits of the
easterly tract boundary.
b. Park Avenue: Half-width or full-width
improvements, as required, between Avenue 50 and a
point approximately 180 feet south of the south
tract boundary in areas located east of the section
line that delineates Sections 5 and 6 of Township 6
South, Range 7 East. The street width shall be 40
feet between curb faces.
c. Interior private streets: Full-width improvements,
36 feet minimum width or greater between curb faces.
12. With any development application received before
January 1, 1995, for the CVWD reservoir site located south
of this tract along Park Avenue, the City will condition
the development to reimburse the City for street
improvements installed by the Applicant. Upon receipt of
said reimbursement from the future development, and upon
written request from the Applicant, the City will pass on
said reimbursement to the Applicant in a manner and
timeframe approved by the City Council.
13. Street name signs shall be furnished and installed by the
Developer in accordance with City standards.
14. A common area lot shall be established for that area
between the tract perimeter wall and street right-of-way
for Avenue 50 20 feet) and Park Avenue 10 feet).
Landscape maintenance responsibility of the total common
lot and street landscape parkway shall be the
responsibility of the development.
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#;15. The Applicant shall install an eight-foot-wide
sidewalk/bikeway in the west parkway along Park Avenue
from the access drive to Tentative Tract 25389 formerly
TT 23292) to Avenue 50.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR To FINAL MAP
APPROVAL
16. Prior to final map approval by the City Council, the
Applicant shall meet the parkland dedication requirements
as set forth in Section 13.24.030, La Quinta Municipal
Code, by paying parkland fees in lieu, as may be
determined in accordance with said Section.
17. 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,
walls, and landscaping, etc.), and other techniques so as
to avoid the isolated appearance given by walled
developments.
18. If the tract is phased, 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 final map
approval.
19. The Applicant shall dedicate, with recordation of the
final tract map, access rights to Avenue 50 and Park
Avenue for all individual lots that front or back-up to
the right-of-way.
20. The Applicant shall participate in 25 percent of the cost
for the traffic signal at the intersection of Avenue 50 0
and Park Avenue to the satisfaction of the City Engineer. Co
21. Prior to transmittal of the final map to the City Council Co
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.
22. Applicant shall submit proposed street names with
alternatives to the Planning and Development Department
for approval prior to final map approval.
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#;23. Owner shall execute and record a Declaration of
II
Dedication in a form acceptable to the City and offering
the dedication of drainage retention basin(s) and
landscape 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 prior to final map
approval.
24. 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 maintain-ed,
with an 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 50th
Avenue and 10-foot perimeter parkway lot
along Park Avenue.
3) All common area landscaping.
4) All private streets, including all street
medians.
25. Design arid architectural standards for the residences
shall be submitted to the Planning Commission or Design
Review Board for review and approval prior to final map
recordation. All approved standards shall be included in
the CC&Rs.
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#;GRADING AND DRAINAGE
26. 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 pay elevations is also required
prior to final approval of grading construction.
27. 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.
28. 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. Pursuant to
Section 11568 of the Business and Professions Code, the
soils report certification shall be indicated on the final
subdivision map.
29. Any earthwork on contiguous properties requires a written
authorization from the owner(s) slope easement) in a form
acceptable to the City Engineer.
30. 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 91storage"
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 w
basin is subject to approval by the City Engineer and the 0
Planning and Development Department. Co
31. Drainage disposal facilities shall be provided as required Co
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.
32. 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.
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#; TRACT DESIGN
33. A minimum 20-foot landscaped setback shall be provided on
50th Avenue and minimum 10-foot landscaped setback on Park
Avenue. Design of the setback shall be approved by the
Planning and Development Department. Setback shall be
measured from ultimate right-of*way line.
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. 24, unless an alternate method is
approved by the Planning and Development Department.
34. The tract layout shall comply with all the R-1 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 12,000 square feet.
WALLS, FENCING, SCREENING, AND LANDSCAPING
35. 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.
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 requiremen** 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.
36. Graded but undeveloped land shall be maintained in a
conditions so as to prevent a dust and blowsand nuisance
and shall be either planted with interim landscaping or
provided with other wind and water erosion control
measures as approved by the Planning and Development and
Public Works Departments.
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#; 37. 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.
38. Prior to final map approval, the subdivider shall submit
c*riteria 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.
39. The Applicant shall install a six-foot-high block sound
wall along the entire length of tract boundary that
adjoins Avenue 50. The wall design shall have an
aesthetically pleasing appearance as approved by the
Planning Director.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS
40. Prior to the issuance of a building permit for
construction of any building or use contemplated by this
approval, the Applicant shall obtain permits and/or
clearances from the following public agencies:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning & Development Department, Planning Div.
o Coachella Valley Water District
o Desert Sands Unified School District w
o Imperial Irrigation District C)
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.
41. 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.
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#; 42. Seventy-five percent of dwelling units within 150 feet of
the ultimate right-of-way of 50th Avenue shall be limited
to one story, not to exceed 22 feet in height. The
Applicant shall submit to the Planning and Development
Department for approval a drawing showing the location of
any units higher than one story located along 50th
Avenue. Lots 1 and 74 shall be limited to one-story in
height with a maximum 22-foot height.
43. The appropriate Planning approval approval shall be
secured prior to establishing any of the following uses:
a. Temporary construction facilities.
Sales facilities, including their appurtenant
signage.
c. On-site advertising/constructi0* signs.
44. The Developer shall construct landscaping trees and
lawn/groundcover) 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.
45. 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
Tentative Tract 25429 and Environmental Assessment 89-148,
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 Environmental Assessment 89-148 and Tentative Tract
25429, 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 compliance with all remaining conditions of
approval and mitigation measures of Environmental
Assessment 89-148 and Tentative Tract 25429. The Planning
and Development Director may require inspection or other
monitoring to assure such compliance.
PUBLIC SERVICES AND UTILITIES
46. The Applicant shall comply with the requirements of the
City Fire Marshal.
47. The Applicant shall comply with all requirements of the
Coachella Valley Water District.
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