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CC Resolution 1990-023#<9 CITY COUNCIL RESOLUTION NO. 90-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE ENVIRONMENTAL DETERMINATION AND GRANTING APPROVAL OF TENTATIVE TRACT 25237 TO ALLOW THE CREATION OF A RESIDENTIAL LAND SALES SUBDIVISION. CASE NO: TT 25237 LA QUINTA JOINT VENTURE WHEREAS, the City Council of the City of La Quinta did adopt Specific Plan No. 121-E, Revised, as set forth in City Council Resolution No. 82-54, on October 5, 1982, and: WHEREAS, the City Council of the City of La Quinta, California, did, on the 20th day of September, 1988, adopt City Council Resolution #88-112, approving Amendment #1 to Specific Plans 121-E, Revised, and; WHEREAS, the City Council of the City of La Quinta, California, did on the 21st day of November 1989, adopt City Council Resolution 489-129, approving Amendment 42 to Specific Plan 121-E, Revised, and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of March, 1990, hold a duly-noticed Public Hearing to consider the request of La Quinta Joint Venture to subdivide 26.81 acres into single-family custom lots, generally located on the north side of Avenida Fernando + 1/4 mile west of Eisenhower Drive more particularly described as: A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; AND ALL OF TRACTS 14496-6 & 14496-7, MB 140/64-67 RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. WHEREAS, the City Council of the City of La Quinta did, on the 20th day of March, 1990, hold a duly-noticed Public Hearing to consider the environmental determination and recommendation of the Planning Commission regarding Tentative Tract 25237; 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, as required by the approval conditions for Specific Plan 121-E, Revised, as amended, and has determined that the proposed tentative tract will not have a significant adverse impact on the environment; and BJ/RESOCC.037 1 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 WHEREAS, mitigation of certain physical impacts have been identified and incorporated into the approval conditions for Tentative Tract 25237, 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. 25237, 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-2 zoning district development standards, and design requirements of the Subdivision Ordinance. 2. The conditions attached to Tentative Tract 25237 will ensure consistency with Specific Plan #121-E, Revised, as amended and currently in effect, thereby making the approval of Tentative Tract 25237 consistent with said Specific Plan. 3. Tentative Tract No. 25237 is within the Specific Plan No. 121-E, Revised, for which a Final Environmental Impact report was prepared and certified by the Riverside County Board of Supervisors. A Negative Declaration was adopted by the La Quinta City Council for Tentative Tract 14496, which was the previous Tentative Tract approved for a portion of this site. The above prior approvals contained environmental mitigation measures which will apply to this project, along with current City requirements to be imposed. 4. Tentative Tract 25237 is a re-subdivision of previously approved and recorded Tract 14496, of which the sub*ect re-subdivided portion contained 127 condominium units. The general impacts associated with Tentative Tract 25237, which proposes 54 single-family estate lots, will be significantly less than those previously addressed in the original EIR *41 for the La Quinta Cove Golf Club Specific Plan and the Environmental Assessment for Tract 14496. 5. That the subject site was previously approved for 127 condominium units as part of Specific Plan 121-E and Tentative Tract 14496. The proposed circulation and single-family design for 54 lots, as conditioned, are suitable for the proposed land division, as the general impacts will be less significant. BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 6. That the design of the subdivision, as conditionally approved, will be developed with public sewer and water, and, therefore, is not likely to cause serious public health problems. 7. That the design of Tentative Tract Map No. 25237 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 that are substantially equivalent to those previously acquired by the public. 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 confirm the conclusion of Environmental Assessment No. 89-146, indicating that the proposed Specific Plan Amendment will not result in any significant environmental impacts, and that a Negative Declaration is appropriate; 3. That it does hereby approve of the subject Tentative Tract Map No. 25237 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 20th day of March, 1990, by the following vote, to wit: AYES: Councilmen Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Councilwomen Bosworth ABSTAIN: None City of La Quinta, California ATT*: *AUNDRA L. JUH ty Clerk City of La Quinta, California BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 APPROVED AS TO FORM: DA**H%*YwELL, City Attorney City of La Quinta, California A BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 CITY COUNCIL RESOLUTION 90-23 CONDITIONS OF APPROVAL FINAL TENTATIVE TRACT 25237 MARCH 20, 1990 + Condition revised by Planning Commission March 13, 1990. * Condition revised by City Council March 20, 1990. GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 25237 shall comply with the requirements and standards of Specific Plan 121-E Revised, as amended, the State Subdivision Map Act and the City of La Quinta Municipal Code, 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, agi*** to be i.*cluded * the District and to offer foi- dedication s*'*h e**sements as may be req*ired for the maint*r*Q-YJce d'1i o**ration of related facilities. Any * * be done on a benefit basis, as required by law. 4. 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 m*p, without the approval of the City Engineer. +5. 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 agencies: o City Fire Marshal o City of La Quinta Public Works Department o Planning & Development Department,Planning Division o Coachella Valley Water District o Desert Sands Unified School District o rmperial Irrigation District Evidence of said permits or clearances from the above-inentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. BJ/'CONAPRVL.043 1 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-TT * March 20, 1990 6. Prior to the issuance of any grading or building 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 No. 25237 and Environmental Assessment No. 89-146, which must be satisfied prior to the issuance of the respective permit(s). The Planning and Development Director may require inspection or other monitoring to assure such compliance. CONDITIONS To BE SATISFIED PRIOR TO GRADING PERMIT(S) 7. 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. 8. 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 sk*&1i be in*orporated into the grading plan design prior to grading plan approval. The soils engineer and/or the e*giri*er*ng g**ioyi*t mu bt certify to the adequacy of the grading plan. 9. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: a. The use of irrigation during any construction activities; b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; 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. BJ/CONAPRVL.043 2 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-TT 25237 March 20, 1990 10. Graded but undeveloped land shall be inaintained in a Condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning and Development and Public Works Departments. 11. 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. The design facilities shall be capable of handling a 1O0-year storm. +12. The Applicant shall design and install the required flood control facilities in accordance with the following requirements a. A hydrology study of the mountainous area adjacent to the tract shall be prepared by a registered civil engineer to determine what storm drain improvements are needed to protect the tract from storm water run-off produced by a lOO-year storm. b. A positive storm drain system shall be installed that is capable of intercepting and coflv*ying the 100-year Storm water run-off from the mountainous area adjacent to the tract to a discharge area approved by the City Enginer. C. The Applicant shall obtain a drainage easement from the adjoining landowner for the storm channel required in Condition *12.b. d. The homeowner S association charged with maintaining the common areas in the tract shall also be responsible for maintaining the storm drain system, and said responsibility shall be so noted in the C.C. & R's. e. Storm water run-off produced by a l00-year storm that is attributable to areas within the tract shall be retained on site in a lake, a landscaped retention basin(s), or discharged to an off-site area as may be approved by the City Engineer. +13. The Applicant shall submit a copy of the proposed landscaping 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 areas required to be landscaped and shall be submitted prior to final map approval by the City Council. BJ/CONAPRVL.043 3 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-r*T' *J' March 20, 1990 14. Applicant shall obtain adequate easements to allow any tributary off-site drainage through Lot N, subject to approval of the City Engineer. Easement shall stipulate Lot N specifically for drainage purposes and access for maintenance thereof only. CONDITIONS TO BE SATISFIED PRIOR TO FINAL MAP APPROVALI RECORDATION 15. Applicant shall comply with the following requirements of the Public Works Department: a. The Applicant shall dedicate all necessary street and utility easements as required by the City Engineer, including all corner cutbacks. b. The Applicant shall submit street improvement plans for all private street lots that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings 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). Improvement plans shall provide for the removal of the existing gate area cutout and appropriate transition improvements 16. The Applicant shall construct the following street improvements to the requirement3 of tk** Ciy Ergineer ar* the La Quinta Municipal Code, as follows: a. That the Applicant shall construct street improvements for all private street lots including Lot H and necessary transitions to Avenida Fernando), to the requirements of the City Engineer and the La Quinta Municipal Code LQMC). b. Primary access streets in the tract shall have horizontal curve radii that equal or exceed the 300-foot minimum required by the Subdivision Ordinance, except where a reduced radius is permitted by the City Engineer, the following conditions shall apply: 1). Applicant shall provide a minimum 4-foot sidewalk on inside of curve where radius has been reduced to get pedestrians out of the street. 2.) Applicant shall provide an adequate sight distance easement across portion of lot(s) on inside of curve where radius has been reduced. BJ/CONAPRVL.043 4 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-iT 25237 March 20, 1990 17. 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, as may be required. 18. 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. 19. All separate lettered street lots shall be shown as such on the final map if separation of street segments is intended. 20. Lot F shall be widened to a minimum width of 10-feet along the easterly boundary of Lot 41. West boundary of Lot F at Lot 41 shall extend southwesterly and radial to northerly right-of-way of street Lot B, and be aligned with the common lot line of Lots 40 and 42. 21. Relocation of the existing guardhouse/gate on Fernando to its location as shown on TT 25237 shall be reviewed at the plot plan level by the Planning and Development Department and Design Review Board. Pl*ns shall also be transmitted for comments by the Santa Rosa Cove Homeowner's Association during the Pllnning and Development Department1s review process. See also Condition *29) 22. Lot I shall be improved as part of the internal circulatory street system to the requirements of the City Engineer and shall be included re-lettered) as an extension of street Lot A 23. La Quinta Joint Venture shall obtain an easement from Landmark Land Company to allow encroachment of cul-de-sac at Lot K into their property, with the format subject to approval of the City Engineer. Adequate slope protection shall be maintained in a manner as required for the remaining tract areas. 24. The Applicant shall comply with all requirements of the CVWD. Any necessary parcels for District facility expansion shall be shown on the final map and conveyed to the CVWD, in accordance with the Subdivision Map Act. 25. The Developer shall comply with all applicable requirements of the Fire Marshal prior to final map approval as applicable; BJ/CONAPRVL.043 5 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-'T' * March 20, 1990 a. Schedule A fire protection approved Super fire hydrants, 6" x 4" x 2-1/2" x 2-1/2") shall be located 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 1750 gpm for 2-hours duration at 20 psi. b. Prior to recordation of the final map, Applicant/Developer shall furnish one blueline coy of the water system plans to the Fire Department fore review/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/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." C. 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. d. All streets having widths less than 36-feet shall be designated as firc- lanes and marked with red curbing and signage as follows: 1.) North side of street Lot K". 2.) East side of street Lot 1L". 3.) South and west side of street Lot M" 4.) Both sides of street Lot I". PROJECT DEVELOPMENT/MANAGEMENT: 26. Prior to the recordation of the final map, the Applicant shall submit to the Planning and Development Department the following documents which shall demonstrate to the satisfaction of the City that the lakes and common areas, and private streets and drives, shall be maintained in accordance with the intent and purpose of this approval: a. The document to convey title; b. Covenants, Conditions and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The approved Covenants, Conditions and Restrictions shall be recorded at the same time that the final subdivision map is recorded. BJ/CONAPRVL.043 6 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approva1-I* 25237 March 20, 1990 A homeowner's association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowner *s association. 27. The Applicant shall establish a Design Review Committee to review and approve all development within TT 25237. This Committee formation shall be reflected within the C.C. & R's for this tract. The main objectives of this Committee shall be as follows: a. Assure development compliance with Specific Plan 121-E and all applicable C.C. & R's. b. Determine that development with TT 25237 is compatible with existing and proposed development within Santa Rosa Cove in terms of architecture, mass, height and bulk of structures, and landscape design. d. Assure that the building *rchitecture, building materials and colors of development within TT 25237 follows a consistent desigr l:r*,... * ich is in keeping with the balance of the Santa Rosa Cove project. +28. Applicant shall establish within the C.C. & R's site design standards appropriate to estate lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed by the Planning and Development Department as part of its review of the C.C. & R's, but be no less restrictive than the R-2 Zone standards. Building height shall be limited to two-story, not to exceed 24-feet from finished lot pad grade. *+29. Applicant shall be responsible for the relocation of the existing Fernando gate and all appurtenant structures located on Avenida Fernando. Relocation shall be sited generally as shown on Exhibit A" for TT 25237. Design and specific siting of the gates and guardhouse shall be reviewed as required by these conditions. The extent of this requirement is as follows: BJ/CONAPRVL.043 7 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Appro'*al-*IT 25237 March 20, 1990 a. Relocation of existing Avenida Fernando gate/guardhouse as specified herein. Construction for this improvement shall be bonded and commence concurrently with transitional improvements for Lot HiAvenida Fernando, and shall be bonded for completion no later than six months from the date a grading perniit is obtained for Tentative Tract 25237. Failure to complete the Avenida Fernando relocation by this date will result in forfeiture of the bond to the City, which shall retain the right to fully complete the approved installation(s). b. Replacement/removal of existing gate area cutout for match-up with current street design of Avenida Fernando for unobstructed for east-west traffic flow in accordance with the approved street improvement plans. This shall be completed no later than seven months from the date a grading permit is obtained for Tentative Tract 25237. See Condition *15) c. Installation of Emergency only" vehicular security gate with pedestrian and golf cart access only on Avenida obregon near the southerly boundary of the La Quinta Hotel overflow parking lot across from La Casa) to separate hotel and residential traffic. This installation shall be bonded for, and shall be completed no later than three months from the date a grading permit is obtained for approval of Tentative Tract 25237. Failure to fulfill this requirement will result in forfeiture of the bond to the City, which shall retain the right to fully complete the installation. Until a plot plan approval and building permits for the above items have been obtained, no building permits for any units or common facilities within the tract shall be issued. TRACT DESIGN 30. Prior to any landscape installation, the Applicant shall submit to the planning and Development Department for review and approval a plan or plans) showing the following: BJ/CONAPRVL.043 8 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02 #<9 Conditions of Approval-TT 25237 March 20, 1990 a. Landscaping, including plant types, sizes1 spacing, location, and irrigation systems for all areas to be landscaped. Desert or native plant species and drought resistant planting material 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. All lighting proposed and/or required for any aspect of development of TT 25237 shall be subject to compliance with La Quinta Municipal Code, Chapter 9.210, Outdoor Light Control. 31. 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. 32. Provision shall be mad* to coi*ply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of i*suance of *uild*ng permits. BJ/CONAPRVL.043 9 BIB] 07-28-1998-U01 09:26:34AM-U01 ADMIN-U01 CCRES-U02 90-23-U02