CC Resolution 1990-074^#=d CITY COUNCIL RESOLUTION 90-74
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
CONCURRING WITH THE ENVIRONMENTAL
DETERMINATION AND GRANTING CITY
COUNCIL APPROVAL FOR TENTATIVE
TRACT 26251 TO ALLOW THE CREATION OF
A RESIDENTIAL LAND SALES SUBDIVISION
CASE NO. TT 26251 LANDMARK LAND COMPANY
WHEREAS, the City Council of the City of La Quinta did adopt Specific
Plan 121-E, Revised, as set forth in City Council Resolution 82-54, on October 5,
1981, 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 Plan 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 89-129, approving
Amendment #2 to Specific Plan 121-E, Revised, and;
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 11th day of September, 1990, hold a duly-noticed Public Hearing to
consider the request of Landmark Land Company to subdivide +3.3 acres into two
single family custom lots, generally located + 114 mile northwest of the Avenida
Fernando/Avenida Obregon intersection, more particularly described as:
A PORTION OF SECTION 36, TOWNSHIP 5
SOUTH, RANGE ri EAST, SAN BERNARDINO
BASE AND *ERIDIAN;
WHEREAS, said tentative tract map has complied with the requirements
of 9'The Rules to Implement the California Environmental Quality Act of 1970" County
of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance
5), in that the Planning Director conducted an initial study EA 90-167), 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
WHEREAS, mitigation of certain physical impacts have been identified
and incorporated into the approval conditions for Tentative Tract 26251, thereby
requiring that monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
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^#=d WHEREAS the Planning Commission of the City of La Quinta, did
adopt Planning Commission Resolution 90-034, recommending to the City Council
concurrence with the Environmental Determination for approval of Tentative Tract
26251 subject to conditions as contained in said Resolution; and,
WHEREAS, the City Council of the City of La Quinta did, on the 2nd day
of October, 1990, hold a duly noticed Pub lic Hearing to consider the recommendation
of the Planning Commission regarding Tentative Tract 26251; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of aU interested persons desiring to be heard, said
City Council did find the following facts to justify recommendation for approval of
said Tentative Tract map request:
1. That Tentative Tract 26251, 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 26251 will ensure consistency with
Specific Plan #121-E, Revised, as amended and currently in effect, thereby
making the approval of Tentative Tract 26251 consistent with said Specific
Plan.
3. Tentative Tract 26251 is within the Specific Plan #121-E, Revised, for which
a Final Environmental Impact report was prepared and certified by the
Riverside County Board of Supervisors. The above prior approval contained
environmental mitigation measures which will apply to this project, along with
current City requirements to be imposed.
4. That Tentative Tract 26251 is within the area approved for Specific Plan #121-
E revised, and is therefore exempt from the provisions of Chapter 9.145,
Hillside Conservation under the exemption as stated in Section 9.145.020. B
of the La Quinta Municipal Code.
5. That the subject site was previously approved for 15 condominium units as
part of Specific Plan #121-E, Revised. The proposed circulation and single
family design for 2 lots, as conditioned, are suitable for the proposed land
division, as the general impacts will be less significant than those previously
assessed.
6. That the design of Tentative Tract Map 26251 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.
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^#=d2. That it does hereby concur with the conclusion of the Environmental
Assessment 90-167 indicating that the proposed Tentative Tract will not result
in any significant environmental impacts, and that a Negative Declaration is
appropriate;
3. That it does hereby grant concurrence with the Environmental Determination
for, and approval of, the above described Tentative Tract Map 26251, 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 2nd day of October, 1990, by the following vote,
to wit:
AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: One V*cancy)
ABSTAIN: None
City of La Qrnnta, California
City of La Quinta, California
APPROVED AS TO FORM
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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^#=d 5--
CITY COUNCIL RESOLUTION 90-74
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 26251
OCTOBER 2, 1990
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 26251 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 City formed a City-wide Landscaping and Lighting
District in 1988. The lots in this subdivision will be
added to the District assessment roll when the final map
is recorded. The annual assessment for each lot will be
based 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 map,
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 as may be
applicable:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning & Development Department
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.
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^#=d 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
26251 and Environmental Assessment 90-167, 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 have a registered civil engineer
prepare the grading plan. The engineer who prepares the
grading plan 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.
8. 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 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.
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 may 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;
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^#=d 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.
10. *raded but undeveloped land i.e., lot pads) 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.
11. All storm water from the 100-year storm that the private
street on Lots A & B intercepts shall be conveyed
directly to the drainage ditch located adjacent to TT
25237. Applicant shall provide other drainage measures
as may be deemed necessary by the City Engineer during
preparation of the grading and drainage plans.
12. Applicant shall dedicate a 15-foot wide easement along
the boundary that is mutually shared with TT 25237 for
purposes of drainage access/maintenance. Property owners
of Lots 1 and 2 shall participate in all maintenance
costs associated with the drainage ditch that separates
TT 26251 and TT 25237. The participation shall be based
on half of the proportional share of the lineal footage
that is shared in common as compared to the total lineal
footage of the ditch.
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.
14. The Applicant shall dedicate all necessary private street
and utility easements required by the City Engineer, as
follows:
A. Lots A & B shall be a minimum 26-feet right-of-way
width.
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^#=d 15. The Applicant shall submit street improvement plans for
private street lots A & B 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 3-inch AC over
4-inch Base minimum for residential streets). Street
design shall take into account the soil strength, the
anticipated traffic loading, and street design life.
16. The Applicant shall construct street improvements for
Lots A & B to the requirements of the City Engineer and
the La Quinta Municipal Code LQMC); and in accordance
with the following:
A. The private street on Lots A & B shall be 24 feet
between curbs and paved with 3-inch AC on 4* AB.
Standard street cross-section may be modified,
including the elimination of curbs, subject to
approval of acceptable alternative by City Engineer.
B. A 28-inch high approved protective wall or barrier,
designed to blend with the surrouding terrain shall
be constructed on the southerly side of street Lots
A & B to reduce potential for run-off road
accidents. The southerly side of the wall shall be
treated to blend with the Hillside, with the method
of treatment to be approved by the Planning and
Development Department. See also Condition #27)
C. Property owners of Lots 1 & 2 shall participate on
a fair share basis in the maintenance cost of the
private road through TT 25237 that provides direct
access to TT 26251.
17. 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.
18. All separate lettered street lots shall be shown as such
on the final map if separation of street segments is
intended.
19. Developer/Applicant shall obtain an access easement from
La Quinta Joint Venture to allow access to TT 26251 from
cul-de-sac area into their property, with the format
subject to approval of the City Engineer.
20. The Applicant shall comply with all requirements of the
CVWD.
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^#=d21. The Developer shall comply with all applicable
requirements of the Fire Marshal prior to final map
approval as applicable.
A. Buildings constructed on Lots 1 and 2 are to be
equipped with automatic fire sprinkler Systems to
NFPA 13R standards. The following statement shall
be placed on each map sheet of the environmental
constraint sheet and contained within the CC & R's:
Buildings on Lots 1 and 2 must have an
approved automatic fire sprinkler system
installed. System plans shall be submitted
to the Fire Department for approval prior to
the issuance of building permits."
B. A permanently mounted illuminated address monument
shall be installed adjacent to the driveway
entrance at the street. Illumination of this sign
shall be consistent with the standards and
requirements of the Outdoor Light Control Ordinance
Chapter 9.210 of the La Quinta Municipal Code.
PROJECT DEVELOPMENT/MANAGEMENT:
22. 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 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. This requirement may be deleted if the
Applicant demonstrates alternate means of compliance with
the intent of this condition, to the satisfaction of the
Planning and Development Director.
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.
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^#=d 23. 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 17-feet from finished lot pad
grade. Higher building elevations, not to exceed 22-feet
may be approved by the Planning Commission.
TRACT DESIGN
24. Prior to any landscape installation for comon areas, the
Applicant shall submit to the Planning and Development
Department for review and approval a plan or plans)
showing the following:
a. Landscaping, including plant types, sizes, 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. See Condition #16.b and 27).
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 26251 shall be subject
to compliance with La Quinta Municipal Code,
Chapter 9.210, Outdoor Light Control.
5. 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.
26. Provision 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.
27. The vertical faces of the disturbed areas of hillside cut
and fill shall be appropriately treated so as to produce
a natural appearance, or screened to mask the man-made
grades, subject to approval of the Planning and
Development Department. See Condition #16.b)
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