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CC Resolution 1990-042#< CITY COUNCIL RESOLUTION NO. 90-42 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 26016 TO ALLOW A CUSTOM HOME SUBDIVISION ON A 5.3+ ACRE SITE. CASE NO. TT 26016 CHATEAU ESTATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of May, 1990, hold a duly-noticed Public Hearing to consider the request of Chateau Estates to subdivide 5.3+ acres into 18 custom single-family home lots, and other miscellaneous lots, generally located at the southwest corner of Park Avenue & 50th Avenue, more particularly described as: LOT 82, TRACT 25429 WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of June, 1990, hold a duly-noticed Public Hearing to consider the Applicantts request and recommendation of the Planning Commission concerning the Environmental Analysis and Tentative Tract Map 26016; and, WHEREAS, said tentative map has complied with the requirements of 1The 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 26016 in con*unction 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: BJ/RESOCC.025 1 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<1. That Tentative tract 26016, 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 will have a flat topography because of the recent grading. 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. 26016 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 26016 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 26016, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract 26016, 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 Planning Commission 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; *J/RESOCC.025 2 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #< 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 Commission in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment 90-164 relative to the environmental concerns of this tentative tract; 3. That it does hereby recommend approval to the City Council of the subject Tentative Tract Map 26016 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 5th day of June, 1990, by the following vote, to wit: AYES: Councilman Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Councilwoman Bosworth ABSTAIN: None J*AMayo* City of La Quinta, California City of La Quinta, California APPROVED AS TO FORM: */JALlA,11L** DAWN HONEYWEL*, C*ty Attorney City of La Quinta, California BJ/RESOCC.025 3 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<CITY COUNCIL RESOLUTION 90-42 CONDITIONS OF APPROVAL APPROVED TENTATIVE TRACT 26016 JUNE 5, 1990 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26016, marked Exhibit **A'*, 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 approval by the La Quinta City Council unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. All applicable conditions of Tract 25429 shall be met. 4. The Tract layout shall comply with R-l zoning requirements, with minimum lot sizes of 7,200 square feet. 5. 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. 6. 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 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. A 0 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<Conditions of Approval TT 26016 June 5, 1990 7. 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 Planning and Development and Public Works Departments. 8. Owner 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 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 9. 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, 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. BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<Conditions of Approval TT 26016 J1'fle 5, 1990 10. Design and architectural standards beyond the R-l Zone requirements for the residences shall be submitted to the Planning and Development Department for review and approval prior to final map recordation. All approved standards shall be included in the CC&Rs. 11. 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. Recomendations 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. 12. 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. 13. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. 14. 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. 15. Prior to final map approval, the subdivider shall submit general 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) shrubs, groundcover, and an irrigation system. BJ/CONAPRVL.048 3 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<Conditions of Approval TT 26016 June 5, 1990 16. The Applicant shall install a six-foot-high block sound wall per the Noise Study requirements along the entire length of tract boundary that adjoins Avenue 50 and Park Avenue, except adjacent to retention basin where a decorative fence may be used. The wall design shall have an aesthetically pleasing appearance as approved by the Planning Director. A 6-foot high block or block/steel wall shall be provided along the north side of the retention basin. 17. 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 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 a building permit for the use contemplated herewith. 18. 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. 19. All dwelling units within 150-feet of the ultimate right-of-way of 50th Avenue shall be limited to one story maximum 25-feet high). This limitation shall be included in the CC & R*s. 20. 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. 21. 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. BJ/CONAPRVL.048 4 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #< Conditions of Approval TT 26016 June 5, 1990 22. 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 26016 and Environmental Assessment 90-164, 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 90-164 and Tentative Tract 26016, 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 90-164 and Tentative Tract 26016. The Planning and Development Director may require inspection or other monitoring to assure such compliance. PUBLIC SERVICES AND UTILITIES 23. The Applicant shall comply with the requirements of the City Fire Marshal per their letter dated April 5, 1990. 24. The Applicant shall comply with all requirements of the Coachella Valley Water District per their letter dated April 6, 1990. ENGINEERING DEPARTMENT: 25. The Applicant shall vacate vehicle access rights to 50th Avenue and Park Avenue from all abutting individual lots. Access to these streets from this subdivision shall be restricted to street intersections only. 26. The Applicant shall have street improvement plans for public and private streets) prepared by a registered civil engineer. The street improvements, including traffic siqns 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 soil strength, the anticipated traffic loading, and street design life. BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<Conditions of Approval TT 26016 June 5, 1990 27. The Applicant shall have a registered civil engineer prepare the grading plan. The registered engineer or land surveyor shall: 1) provide written certification prior to issuance of any building permits that the constructed rough grade conforms with the approved grading plans and grading permit; and, 2) provide written certification of the final grade and verification of pad elevations prior to receiving final approval of the grading. 28. The Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 29. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report 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. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified report of soil compaction tests for review by the City Engineer. 31. 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. 32. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 33. The right-of-way dedications for public streets shall be as follows: Interior private streets: 37-feet between curb backs, plus corner cut-backs at intersections, plus 5-foot wide public utility easements outside the right-of-way on both sides, plus suitable right-of-way conforms for knuckle" turns all as required by the City Engineer. BJ/CONAPRVL.048 6 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #< Conditions of Approval TT 26016 June 5, 1990 34. The Applicant shall quit claim land as needed in old Adams Street right-of-way to provide access to Tract 25389 at its main entrance on Park Avenue in a simultaneous action when the old Adams Street right-of-way vacation is recorded. As an alternative to the foregoing requirement, the Applicant may offer the subject parcel for dedication on the final tract map. 35. The Applicant shall construct, or enter into agreement to construct, street improvements for the following streets to the requirements of the City Engineer and the La Quinta Municipal Code prior to approval of the final map. a. Interior private streets: 36-foot wide street improvements per Riverside County Standard Drawing No. 104 including all appurtenant conforms and amenities. b. Interior cul-de-sac street: 36-foot wide street improvements per Riverside County Standard Drawing Nos. 105 and 800 including all appurtenant conforms and amenities. 36. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site-specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 37. The tract shall be graded in a manner so the building pad elevation differential between contiguous lots within the tract, as well as the elevation differential with contiguous lots of adjoining tracts, does not exceed 2.5-feet. The Applicant is advised that compliance with this condition, may require the import or export of earth. Transport of earth to areas beyond the tract boundaries shall be in accordance with requirements of the City Engineer with all necessary provisions arranged by the Applicant. If the elevation differential requirement makes tract development economically infeasible, the City will consider and may approve other alternatives or combinations of alternatives that promote homeowner satisfaction as they relate to issues and concerns caused BJ/CONAPRVL.048 7 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02 #<Conditions of Approval TT 26016 June 5, 1990 by pad elevations and nearby building heights. The alternatives to the pad elevation differential requirements shall be reviewed and approved by the Planning Commission and City Council. 38. Street name signs shall be furnished and installed by the developer in accordance with City standards. 39. The Applicant shall install an 8-foot wide sidewalk/bikeway in the parkway along Park Avenue from the access drive to Tentative Tract 25389 to Avenue 50. 40. 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. 41. All existing utilities on or adjacent to the site shall be underground. * flA* 0 BIB] 07-28-1998-U01 03:03:16PM-U01 ADMIN-U01 CCRES-U02 90-42-U02