CC Resolution 1990-061^#< CITY COUNCIL RESOLUTION NO. 90-61
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 26009
TO ALLOW A 50 LOT SUBDIVISION ON A
21.49+ ACRE SITE.
CASE NO. TT 26009 VISTA DEVELOPMENT COMPANY
WHEREAS, the Planning Commission of the City of La
Quinta, California, did on the 26th day of June, 1990, hold a
duly noticed Public Hearing to consider the request of VISTA
DEVELOPMENT COMPANY to subdivide 21.49+ acres into 50 single
family lots, and other miscellaneous lots, generally located on
the northeast corner of 54th Avenue and Madison Street, more
particularly described as:
A PORTION OF SECTION 10, T65,
R7E, S.B.B.M.
WHEREAS, the City Council of the City of La Quinta,
California, did on the 31st day of July, 1990, 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 26009; 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,
WH*REAS, mitigation of various physical impacts
have been identified and will be incorporated into the approval
conditions for Tentative Tract 26009 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 26009, 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-l zoning district
development standards, and design requirements of the
Subdivision Ordinance.
2. That the subject site will have a flat topography. 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. 26009 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 26009 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 26009, as conditioned,
provides for adequate maintenance of the landscape buffer
areas.
7. That the proposed Tentative Tract 26009, as conditioned,
provides storm water retention, park in-lieu fees, 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 Comission 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 90-163 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve the subject Tentative Tract
Map 26009 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 31st day of July,
1990, by the following vote, to wit:
AYES: Councilmen Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Councilwoman Bosworth
ABSTAIN: None
City of La Quinta, alifornia
*AUNDRA L. JUHO A, *t Clerk
City of La Quinta, Califo nia
APPROVED AS TO FORM:
DAWN *ONEYWELL, C ty Attorney
City of La Quinta, California
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^#< CITY COUNCIL RESOLUTION 90-61
CONDITIONS OF APPROVAL APPROVED
TENTATIVE TRACT 26009
JULY 31, 1990
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 26009, 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. A minimum 20-foot landscaped setback shall be provided on
54th Avenue and on Madison Street. Design of the setback
shall be approved by the Planning and Development
Department. Setback shall be measured from ultimate
right-of-way line.
4. 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,
andlor landscaping to reduce the effects upon
adjacent properties and property owners. The land
owner shall comply with requirements of the
Director of Public Works and Planning and
Development. All construction and graded areas
shall be watered at least twice daily while being
used to prevent the emission of dust and blowsand.
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^#<Conditions of Approval TT 26009 July 31, 1990
5. 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.
6. Owner shall execute and record a *`Declaration of
Dedication'1 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.
7. 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 54th
Avenue and Madison Street
3) All common area landscaping.
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^#< Conditions of Approval TT 26009 July 31, 1990
S. Design and architectural standards beyond the R-1 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
9. A noise study shall be prepared by a qualified acoustical
engineer, to be submitted to the Planning and Development
Department for review and approval prior to final map
approval. The study shall concentrate on noise impacts
on the tract from perimeter arterial streets, and
recommend alternative mitigation techniques.
Recommendations of the study shall be incorporated into
the tract design. The study shall consider use of
building setbacks, engineering design, building
orientation, noise barriers berming, walls, and
landscaping, etc.), and other techniques so as to avoid
the isolated appearance given by walled developments.
10 If the tract is phased, tract phasing plans, including
phasing of public improvements, shall be submitted for
review and approval by the Publlc Works Department and
the Planning and Development Department prior to final
map approval.
11. Applicant shall submit proposed street names with
alternatives to the Planning and Development Department
for approval prior to final tnap approval.
12. Prior to final map approval, the Applicant shall submit
to the Planning Division for review and approval a *an
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.
13. 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, ground cover, and an irrigation system plan.
Trees to be shown on the plot plan of the entire tract
separate from shrubs.
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^#<Conditions of Approval TT 26009 July 31 1990
14 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 54th Avenue and
Madison Street, 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 wall shall be
provided for lot sides facing retention basin per
Specific Plan 90-018.
15. 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 Coachella Valley 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.
16. 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.
17. 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.
18. The Developer shall install landscaping trees and
lawnlgroundcover) and irrigation systems within drainage
retention basin(s) and perimeter areas.
19. 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 26009 and Environmental Assessment
90-163, 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
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^#<Conditions of App*val TT 26009 July 31, 1990
demonstrating compliance with those Conditions of
approval and mitigation measures of Environmental
Assessment 90-163 and Tentative Tract 26009, 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 90-163
and Tentative Tract 26009. The Planning and Development
Director may require inspection or other monitoring to
assure such compliance.
20 Sidewalk on 54th Avenue shall meander within right-of-way
and 20-foot landscape lot. Design of sidewalk to be
approved by Planning and Development Department prior to
beginning of preparation of landscaping plans.
21. Within 5-feet of 54th Avenue curb, no spray irrigation
heads, nor lawn, shall be used. Within this area only
emitters and spreading shrubs and groundcover may be used.
22. If buried remains or artifacts are encountered during
development including grading), work shall be stopped
and a qualified archaeologist shall be contacted
immediately at Applicant*s expense and appropriate
mitigation measures shall be taken.
23. All existing overhead utilities shall be undergrounded as
a part of the development.
24. All existing trees that can be successfully transplanted
shall be incorporated into landscaping where feasible.
25. Development of property shall comply with provisions of
Specific Plan 90-018, as approved.
26. Architectural plans, including floor plans, elevations,
and colors and materials, shall be approved by the Design
Review Board and Planning Commission prior to issuance of
building permits. Consideration shall be given to
providing architectural treatment to all sides of the
buildings and shading of glass areas from sun.
27. Prior to recordation of final map, Applicant shall pay
in-lieu park fees per City requirements.
28. Approval of Tentative Tract is subject to annexation, and
if not annexed Tentative Tract is void.
29. All exterior lighting including that for signage &
landscaping shall comply with the 1Dark Sky" ordinance.
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^#<Conditions of Approval TT 26009 July 31, 1990
PUBLIC SERVICES AND UTILITIES
30. The Applicant shall comply with the requirements of the
City Fire Marshal per their letter dated May 21, 1990.
31. The Applicant shall comply with all requirements of the
Coachella Valley Water District per their letter dated
April 6, 1990.
ENGINEERING DEPARTMENT:
32. The Applicant shall vacate vehicle access rights to
Madison Avenue and 54th Avenue from all abutting
individual lots. Access to these streets from this
subdivision shall be restricted to street intersections
only.
33. A common area lot shall be established for that area
between the tract perimeter wall and street right-of-way
along Madison Avenue 20-feet) and 54th Avenue 20-feet).
34. The Applicant shall have street improvement plans for
public and private streets) prepared by a registered
civil engineer. The 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 *uinta Municipal Code 31! AC over 4?! Class 2
Bas mm. for residentiat streets). Street design shall
take into account the soil strength, the anticipated
traffic loading, and street design life.
35. 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.
36. 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 reports of soil compaction tests for review by
the City Engineer.
37. 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.
38. 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.
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^#< Conditions of App*val TT 26009 July 31, 1990
39. An encroachment permit for work in any abutting local
jurisdiction shall be secured prior to constructing or
joining improvements
40. The right of way dedications for public streets shall be
as follows:
Avenue 54: half-street 50 feet) right of way for
100-foot wide Primary Arterial.
Madison Avenue: half-street 55 feet) right of way
for 110-foot wide Primary Arterial.
On-site public streets: full-street 60 feet) right
of way, plus corner cut-backs at intersections,
plus suitable right of way conforms for a knuckle"
turn as required by the City Engineer.
Cul-de-sac: full-street 50 feet) right of way per
Riverside County Standard Drawing No. 800 plus 5
foot wide public utility easement outside each side
of the right of way.
41. The Applicant shall construct, or enter into agreement to
construct, street improvements and appurtenant amenities
for the following streets to the requirements of the La
Quinta Municipal Code and City Engineer prior to approval
of the final map.
a. On-site streets, including cul-de-sacs:
36-foot wide street improvements per
Riverside County Standard Drawing No. 105 and
800.
b. Avenue 54: half-street improvements per
Riverside County Standard Drawing No. 101,
including one half of raised median and lane
transition beyond the tract boundary, plus a
14-foot wide overlay of the eastbound travel
lane. Eastbound travel lane is eligible for
reinbursement per City policy.
c. Madison Avenue: half-street improvements per
Riverside County Standard Drawing No. 100,
including one half of raised median, plus a
14-foot wide southbound travel lane and
6-foot wide aggregate base shoulder.
42. Storm water run-off produced in 24 hours by a 100-yea*
storm shall be retained on site in landscaped retention
basin(s) designed for a maximum water depth not the
exceed six feet.
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^#<Conditions of Approval TT 26009 July 31, 1990
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 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.
43. A traffic signal is required at the intersection of
Avenue 54 and Madison Avenue. The Applicant is
responsible for 12.5% of the cost to design and construct
the signal. The traffic signals will be installed by the
City when traffic conditions warrant the installation.
44. The Applicant shall enter into agreement with the City
prior to recording the final map to maintain the
retention basin(s) and landscaped setback lot(s) until
the City Engineer accepts them for maintenance by the
City. In no event will the City accept these lot(s) for
maintenance until they are included on the tax assessment
roll and producing tax revenue to the City1s Lighting and
Landscape District.
45. A thorough preliminary engineering, geological, and soils
engineering investigation shall be conducted with a
report submitted for review along with grading plan. The
report recommendations shall be incorporated into the
grading plan design prior to grading plan approval. The
soils engineer andlor the engineering geologist must
certify to the adequacy of the grading plan. A statement
shall appear on the final subdivision map that a soils
report has been prepared for the tract pursuant to
Section 17953 of the Health and Safety Code.
46. The tract grading plan shall be prepared by a registered
civil engineer and approved by the City Engineer prior to
final map approval.
47. A registered civil engineer shall exercise sufficient
supervision and contr* of the tract grading to insure
compliance with the grading plans, specifications, and
app ilcable codes and ordinances. The registered civil
engineer charged with compliance responsibility shall
make the following certifications upon completion of
construcUon:
a. All grading work was properly monitored by
qualified personnel during construction for
compliance with the grading plans,
specifications, and applicable codes and
ordinances and thereby certify the grading to
be in full compliance with those documents.
b. The finished building pad elevations conform
with the approved grading plans.
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^#< Conditions of Approval TT 2*009 July 31, 1990
48 The tract shall be designed and graded in a manner so the
difference in building pad elevations between contiguous
lots that share a common street frontage or join lots
with adjoining existing tracts or approved tentative
tracts does not exceed three 3.0) feet. The pad
elevations of contiguous lots within the subject tract
that do not share a common street shall not exceed five
5.0) feet.
If the Applicant is unable to comply with the pad
elevation differential requirement, the City will
consider and may approve other alternatives that
satisfy the City's intent to promote and ensure
community acceptance and buyer satisfaction with
the proposed development.
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