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CC Resolution 1990-063^#= CITY COUNCIL RESOLUTION 90-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVING TENTATIVE TRACT NO.25953, TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A +38 ACRE SITE. CASE No. TT 25953 THOMAS F. SCHMIDT WHEREAS, the Planning Commission of the City of La Quin*a, California, did, on the 26th day of June, 1990, hold a duly-noticed Public Hearing to consider the request of Thomas F. Schmidt to subdivide +38 acres into single-family development lots for sale, generally located on the northwest corner of Miles Avenue and Dune Palms Road, more particularly described as: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; WHEREAS, the City Council of the City of La Quinta, California, did, on the 31st day of July, 1990, hold a duly-noticed Publlc Hearing to consider the Applicant's request and recommendation of the Planning Commission concerning the environmental analysis and Tentative Tract Map No. 25953; and, WHEREAS, said tentative map has complied with the requirements of The Rules to Implement the California Environmental Quauty 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 incorporated into the approval conditions for Tentative Tract 25953, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, RESOCC.048/BJ 1 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= 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 approval of said tentative tract map: 1. That Tentative Tract No. 25953, 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 topography because of the sand dunes with the east central area being the lowest part of the site. 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. 25953 may cause substantial environmental damage or injury to the wildlife habitat of the Coachella Valley Fringe-Toed Lizard, but mitigation measures in the form of fees for a new habitat area will lessen this impact. 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 No. 25953 will not conffict 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 No. 25953, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract No. 25953, 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 conjunct ion with the La Quinta General Plan. RESOCC.048/BJ 2 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= WHEREAS, in the review of this Tentative Tract Map, the City Council has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; Now, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment No. 90-162 relative to the environmental concerns of this tentative tract; 3. That it does hereby approve the subject Tentative Tract Map No. 25953 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 T ST: City of La Quinta, Ca ornia AUNDRA L. JUHOL*ty Clerk City of La Quinta, Califorma APPROVED AS TO FORM: DA N HONEYWELL*y1*ttorney City of La Quinta, California RESOCC.0481BJ 3 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= CITY COUNCIL RESOLUTION 90-63 CONDITIONS OF APPROVAL APPROVED TENTATIVE TRACT 25953 JULY 31, 1990 *Revised A. GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map No. 25953 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 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 Applicant shall comply with the archaeological assessments for the tract area done by J. Salpas February, 1984), and K. Swope June, 1990). The studies shall be submitted to the Coachella Valley Archaeological Society CVAS) for a two-week review and comment period. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior 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. 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 CONAPRVL.055/BJ I BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Appr*val TT 25953 July 31, 1990 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 overile adjacent 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. 5. 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. 6. A temporary road access, for model home access purposes, may be provided off Miles Avenue. This access shall be terminated upon the completion of model complex use provided a secondary access is installed. A drawing showing details of this proposed temporary access point shall be submitted to the Planning and Development Department and Engineering Department for approval. Traffic and Circulation 7. Applicant shall dedicate right-of-way for public streets as follows: a. Miles Avenue: haff street 55-feet) right-of-way for 110-foot wide Primary Arterial. b. Dune Palms Road: half street 44-feet) right-of-way for 88-foot wide Secondary Arterial. CONAPRVL.055/BJ 2 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31, 1990 C. Interior public streets: full street 60-feet) right-of-way for a local street per General Plan, plus corner cut backs at intersections, plus suitable right-of-way conforms for 1'knuckle1* turns all as required by the City Engineer. d. Cul-de-sac: full street 50-feet) right-of-way, plus 5-feet wide public utility easements, plus suitable right-of-way conforms per Riverside County Standard Drawing No. 800. 8. 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 including all appurtenant conforms and amenities prior to approval of the final map. a. Interior public streets: 40-foot wide street improvements per Riverside County Standard Drawing No. 104 for street that join directly into streets in other tracts, and 36-foot wide street improvements per Standard Drawing No. 105 for cul-de-sacs and other local residential streets serving fewer than 100 lots. The improvements at cul-de-sac ends shall be per Standard Drawing 800. b. Miles Avenue: half street improvements per Riverside County Standard Drawing No. 100, including one half of raised median, plus suitable conforms to match existing improvements including a transition beyond the tract boundary along with other appurtenant amenities as required by the City Engineer. c. Dune Palms: half street improvements per Riverside County Standard Drawing No. 102, plus a 10-foot wide northbound lane plus suitable conforms to match existing improvements including a transition beyond the tract boundary along with other appurtenant amenities as required by the City Engineer. CONAPRVL.055/BJ 3 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31, 1990 9. Applicant shall install decorative block wall around water well site per Coachella Valley Water District CVWD) requirements. Wall plan and landscaping plan for area between wall and property lines shall be approved by Planning and Development Department. Any CVWD required landscaping changes shall be submitted to City for review. All plan approvals shall be prior to any applicable work beginning. 10. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements i.e., City of Indio). B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL 11. 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 either providing a combination of one acre of parkland plus in-lieu fees for the balance of the parkland requirement or by providing the total required parkland dedication requirement as parkland. Additional area shall be provided in the proposed park/retention basin area, if needed, for water retention capacity and to meet security safety, maintenance and recreational concerns of the City. Sufficient park not retention) area shall be set aside for park equipment and other park uses not suitable for a retention basin area. The retention basin/park area shall have slopes of an acceptable standard. A park/retention basin plan shall be submitted to the Planning and Development Department for review and approval prior to final map approval. 12. 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 and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. CONAPRVL.0551BJ 4 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31, 1990 13. 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 14. Owner shall execute and record a ttDeclaration of Dedication" in a form acceptable to the City and offering the dedication of drainage retention basin(s) and hardscape 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. 15. Applicant shall enter into agreement with the City prior to recording the final map to maintain the retention basin and landscaped setback lots on Miles Avenue and Dune Palms Road until the City Engineer accepts them for maintenance by the City. In no event will the City accept the retention basin and setback lots for maintenance until the lots within the subject tract are included on the tax assessment roll and producing tax revenue to the Lighting and Landscape District. 16. Prior to recordation of a final map, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe-Toed Lizard Habitat Conversion Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 17. The approval herein contemplated by the City Council is related to Change of Zone No. 90-057, and no final map of the proposed subdivision shall be recorded prior to the effective date of an ordinance changing the official zoning classification of the subject property to R-1. Gradin* and Draina*e 18 The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 19. A registered civil engineer shall exercise sufficient supervision and control of the tract grading to insure compliance with the grading plans, specifications, and applicable codes and ordinances. The registered civil engineer charged with the compliance responsibility shall make the following certifications upon completion of construction: CONAPRVL.055/BJ 5 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of App*3val TT 25953 July 31, 1990 a. All grading work was properly monitored by qualified personnel during construction for compliance with the grading plans, specifications, and appilcable 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 plan. 20. 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 *evations 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. 21. 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. 22. A thorough preilminary 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. 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. 23. Any earthwork on contiguous properties requires a written authorization from the owner(s) slope easement) in a form acceptable to the City Engineer. CONAPRVL.055/BJ 6 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= Conditions of Approval TT 25953 July 31, 1990 24. Storm water run-off produced in 24 hours by a l00-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. 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. 25. Applicant shall construct, or enter into agreement to construct, the tract grading and all public improvements before the final map is recorded. Applicant shall pay a cash fee, in-lieu of, and equivalent to the respective construction cost, for those improvements which involve fair share responsibility that must be deferred until the full compliment of funding is available. Payment of the cash-in-lieu fee may be deferred to a future date mutually agreed by the Applicant and City Engineer, provided security for said future payment is posted by Applicant. Traffic and Circulation 26. Applicant shall comply with the following requirements of the Public Works Department: a. The Applicant shall dedicate all necessary public street and utility easements as required, including all corner cutbacks. b. The Applicant shall submit street improvement plans that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings and raised median islands if required by the City General Plan), shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code three-inch AC over four-inch Class 2 Base minimum for residential streets). c. Street name signs shall be furnished and installed by the Developer in accordance with City standards. 27. Applicant shall dedicate, with recordation of the tract map, access rights to Miles Avenue and Dune Palms Road for all individual parcels which front or back-up to those rights-of-way. CONAPRVL.055/BJ 7 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31) 1990 28. Traffic signals are required at the intersection of Miles Avenue and Dune Palms Road. The Applicant is responsible for 25% of the cost to design and construct the signal. The signals will be installed by the City when traffic conditions warrant the installation. Tract Desi*n 29. A minimum 20-foot and 10-foot landscaped setback shall be provided along Miles Avenue and Dune Palms Road respectively. Design of the setbacks shall be approved by the Planning and Development Department. Setbacks shall be measured from ultimate right-of-way lines. 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. 14, unless an alternate method is approved by the Planning and Development Department. 30. 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 7,200 square feet. Walls, Fencin*, Screernn*, and Landscaping 31. 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; and CONAPRVL.055/BJ 8 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= Conditions *f Approval TT 25953 July 31, 1990 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. 32. 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. 33. Prior to final map approval, the Applicant shall submit to the Planning Division for review and approval a preliminary 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 of the meandering sidewalk along Miles Avenue and Dune Palms Road. Note this sidewalk shall meander within both the landscape buffer and the parkway area. C. Location and design detail of any proposed and/or required walls. d. Exterior lighting plan, emphasizing minimization of light and glare impacts to surrounding properties. e. Landscaping of retention basins and proposed park9 i.e. grass with accent trees and an irrigation system. 34. Prior to final map approval, the subdivider shall submit criteria to be used for landscaping of all individual lot front yards. At a minimum, the criteria shall provide for shrubs, two trees five trees on a corner) and an irrigation system. CONAPRVL.055/BJ 9 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#= Conditions of Approval TT 25953 July 31, 1990 C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 35. 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 and Development Department, Planning Division 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. 36. Pr6visions 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. 37. Seventy-five percent of dwelling units within 150-feet of the ultimate right-of-way of Miles Avenue shall be limited to one story, not to exceed 20-feet in height. The Applicant shall submit to the Planning and Development Department for the approval a drawing showing the location of any units higher than one story located along Miles Avenue frontage. Along north property line of tract, all of the dwelling units shall be limited to one story, not to exceed 20-feet in height, except for units on Lots 117 and 135 which may be 2 story. 38. 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 advertisinglconstruction signs. CONAPRVL.055/BJ 10 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31, 1990 39. The Developer shall construct landscaping and irrigation systems for drainage retention basin(s) and perimeter areas. The Developer shall maintain the drainage basin(s) and perimeter areas in accordance with Condition #14. 40. 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 TT 25953 and EA 90-162, 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 EA 90-162 and TT 25953 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 mitigations measures of EA 90-162 and TT 25953. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 41. The Applicant shall submit complete detail architectural elevations for all units, for the Design Review Board and Planning Commission review and approval as a Business Item prior to building permit issuance. The architectural standards shall be included as part of the CC & Rs. The latter shall be submitted to the Planning & Development Department for review. Traffic and Circulation 42. Prior to the final building inspection of the 30th unit two publicly maintained roads shall be provided connecting this subdivision to Dune Palms Road, Miles Avenue or Adams Street. The Model home temporary access shall be considered one of these access points until that access is terminated in accordance with condition number 6. CONAPRVL.055/BJ 11 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02 ^#=Conditions of Approval TT 25953 July 31, 1990 43. The termination point of the street shown as Lot *Nuevo Drive" street name not yet approved) on Exhibit A Tentative Tract Map), shall be barricaded to the satisfaction of the Public Works Department. If the road network for the adjoining tract has been constructed and completed, then the above street shall be constructed to connect with these subdivisions, in accordance with the approved street improvement plans and the requirements of the City Engineer. Public Services and Utilities 44. The Applicant shall comply with the requirements of the City Fire Marshal's dated June 1, 1990, except as follows: a. Condition #5: prior to building final of the 30th dwelling unit, a secondary public access road shall be provided. 45. The Applicant shall comply with all requirements of the Coachella Valley Water District. Any necessary parcels for District facility expansion shall be shown on the final map and conveyed to the Coachella Valley Water District, in accordance with the Subdivision Map Act. 46. Afl on-site and off-site utilities including any existing utility poles shall be installed underground and trenches compacted to City standards prior to construction of any streets. The soils engineer retained by the Applicant shall provide the necessary certified compaction test reports for review by the City Engineer, as may be required. 47. Prior to issuance of applicable permits for area along north property line, plans for grading, walls, dwelling units shall be given to La Quinta Palms Homeowne*'s Association for their information. CONAPRVL.0551BJ 12 BIB] 07-29-1998-U01 09:07:12AM-U01 ADMIN-U01 CCRES-U02 90-63-U02