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CC Resolution 1990-089#= CITY COUNCIL RESOLUTION 90-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONflRMING THE ENVIRON**TAL ANALYSIS AND APPROVING TENTATIVE TRACT 26148, TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A 14 ACRE SITE. CASE NO. TT 26148 AMCOR REALTY FUND III WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of November, 1990, hold a duly noticed Public Hearing to consider the request of Amcor Reality Fund III to subdivide 14 acres into single family development lots for sale, generally located on the southeast corner of Washington Street and 50th Avenue, more particularly described as: PARCEL 1, DESERT CLUB MANOR TRACT NO.2, ON FILE IN BOOK 23, PAGE 99 OF MAPS, RIVERSIDE COUNTY RECORDS WHEREAS, the City Council of the City of La Quinta, did, on the 4th day of December, 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 26148; and, WHEREAS, said Tentative Map has complied with the requirements of 11The R*es to Implement the California Environmental Quality Act of 1970" County of Riverside, Resolution 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 26148, 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 recommendation for approval of said Tentative Tract Map: 1. That Tentative Tract 26148, 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, SR Zoning District development standards, and design requirements of the Subdivision Ordinance. RESOCC. 006 1 BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #=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 26148 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 ca'ise serious public health problems. 5. That the design of Tentative Tract Map 26148 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 26148, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract 26148, 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 City Council 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 Q*nta 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 constitute the findings of the Council in this case; 2. That it does hereby confirm the conclusion of Environmental Analysis 90-181 relative to the environmental concerns of this Tentative Tract; 3. That it does hereby approve Tentative Tract 26148 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 Cou*cil, held on this 4th day of December, 1990, by the following vote, to wit: RESOCC.006 2 BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #=AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff and Mayor Pena NOES: None ABSENT: None ABSTAIN: None City of La Quinta, California AUNDRA L. JUHOL City Clerk City of La Quinta, California APPROVED AS TO FORM *!IA*/ *WL,*tA* DAWN HONEYWEL ttorney City of La Quinta, California City of La Quinta, California RESOCC. 006 3 BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #=CITY COUNCIL RESOLUTION 90-89 CONDITIONS OF APPROVAL RECOMMENDATION TENTATIVE TRACT 26148 DECEM*ER 4, 1990 A. GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map No. 26148 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 City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. The plan shall be submitted to the Coachella valley Archaeological Society CVAS) for a two-week review and comment period. At a minimum, the plan shall: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result show significant materials are present. 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. CONAPRVL. 060/BJ/BJ 1- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= 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 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 overlie 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. 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. The Applicant shall comply with the requirements of Sunline Transit. Traffic and Circulation 6. Applicant shall dedicate right-of-way for public streets as follows: a. Washington Street: half street 60-feet) right-of-way for 120-foot wide Major Arterial Street. b. 50th Avenue: half street 50-feet) right-of-way for 100-foot wide Primary Arterial Street. CONAPRVL. 060/BJ/BJ 2- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= C. On-site 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 geometric for knuckle" turns as required by the City Engineer. 7. The Applicant shall construct, or enter into agreement to construct, street improvementsfor 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. On-site public streets: 40-foot wide street improvements per Riverside County Standard Drawing No. 104. b. Washington Street: half street improvements per Riverside County Standard Drawing No. 100 B with 18-foot wide median plus sidewalk and all appurtenant improvements. c. 50th Avenue: 50th Avenue, from Washington Street to the east side of the Evacuation Channel: three-quarter street improvements per Riverside County Standard Drawing 100 with 12-foot wide median and sidewalk and all appurtenant improvements. 8. Applicant shall dedicate the Washington Sti*Ct right-of-way within sixty 60) days after tentative map approval. 9. The Applicant shall amend the tentative tract map to eliminate the portion of F" Street extending from B" Street to Saguaro Drive. B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL 10. 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 paying parkland fees-in-lieu of parkland in accordance with said Section. 11. A noise study shall be prepared by a cualified 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. CONAPRVL. 060/BJ/BJ 3- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= 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. 12. 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. 13. Applicant shall form a homeowners association to fund and maintain: a. Perimeter Landscaping areas b. Retention basin c. A portion of right-of-way and remnant parcels within the subdivision that are not contiguous to a buildable lot. The developer may elect to redesign the tract in a manner that eliminates these unmaintained areas. Grading and Drainage 14. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 15. The Applicant shall retain a California registered civil engineer, or designate one who is on the Applicant's staff, to exercise sufficient supervision and quality control during construction of the tract grading and improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: a. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, 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. CONAPRVL. O6OIBJ/BJ 4- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= 16. The tract shall be designed and graded in a manner so the difference in building pad elevations between contiguous lots that share a co*on 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. 17. 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. 18. 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'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. 19. Any earthwork on contiguous properties requires a written authorization from the owner(s) slope easement) in a form acceptable to the City Engineer. 20. The Applicant shall show all existing utility facilities on the final map including CVWD sewer lines. 21. Storm water run-off produced in 24 hours by a 100-year storm shall be retained: CONAPRVL. 060/BJ/BJ 5- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= a. An 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. b. By subterrain drainage structures collecting and transporting storm water to the La Quinta Evacuation Channel. The outfall structure at the Channel shall be constructed per CVWD requirements. 22. Developer shall provide drainage improvements on east side of Washington Street and on-site as required by the City Engineer to accept nuisance water from the west side of Washington Street and transport it to the La Quinta Evacuation Channel. 23. Drainage disposal facilities shall be provided as required by the City Engineer. The Applicant shall comply with the provisions of the City Master Plan of Drainage, including payment of any drainage fees required therewith. Traffic and Circulation 24. 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). Street design shall take into account the soil strength, the anticipated traffic loading and street design life. c. Street name signs shall be furnished and installed by the Developer in accordance with City standards. CONAPRVL. 060/BJ/BJ 6- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= 25. Applicant shall dedicate, with recordation of the tract map, access rights to Washington Avenue and 50th Avenue for all individual parcels which front or back-up to those rights-of-way. 26. Improvement plans for the entry streets shall be submitted to the City Engineer and Fire Department for review/approval prior to final map approval. Tract Design 27. A minimum 20-foot landscaped setback shall be provided along Washington Street and 50th Avenue 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. 12, unless an alternate method is approved by the planning and Development Department. 28. The tract layout shall comply with all the SR zoning requirements, including minimum lot size 7200 sq. ft.) excepting for procedure for submittal and approval of unit elevations. The latter shall be processed in accordance with condition *39. Walls. Fencing, Screening, and Landscaping 29. 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; CONAPRVL. 060/BJIBJ 7- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; and 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. 30. 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. 31. 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 including portions of right-of-way and remnant parcels within the subdivision that are not contiguous to a buildable lot. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan. No lawn and only emitter or bubbler irrigation shall be allowed in area between curb and sidewalk. b. Location of the meandering sidewalk along Washington Street and 50th Avenue. Note this sidewalk shall meander within both the landscape buffer and the parkway area. The Applicant shall comply with the requirements of the Washington Street Specific Plan SP 86-007). 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. CONAPRVL. 060/BJ/BJ 8- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= e. Landscaping of retention basin, i.e., grass with accent trees and an irrigation system. 32. 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. C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 33. 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 th* application for a building permit for the use contemplated herewith. 34. 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. 35. The maximum building height of structures in this tract shall be limited to seventeen feet or one story in height, whichever is less. 36. 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. CONAPRVL. 060/BJ/BJ 9- BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= 37. The Developer shall construct landscaping and irrigation systems for drainage retention basin(s) and perimeter areas and other areas indicated in Condition *12. The Developer shall maintain the above areas in accordance with Condition #12. 38. 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 26148 and EA 90-181, 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 90-181 and TT 26148 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 90-181 and TT 26148. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 39. 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. Consideration shall be given to providing shade protection over glass areas through architecture of building 40. The Developer will be required to construct the following prior to final inspection of housing units on affected lots. a. Masonry wall along the east side of Lots 1, 31, 32, and 54. These walls shall all comprise the same or similar materials and wall design. This requirement is to ensure that a cohesive and uniform image is provided of the eastern side of TT 26148 for viewers traveling west on 50th Avenue. b. A masonry wall along the north and east side of the retention basin lot. CONAPRVL. 060/BJ/BJ 10 BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02 #= C. A six foot high masonry wall along the northern boundary of the project. The height of this wall shall be measured from the height of the existing and estimated proposed pad levels of lots on the south side of Saguaro Drive. Existing sections of wall along this property boundary built by homeowners shall remain and not be duplicated. In the situation where a wooden fence has been constructed along the rear of a property bordering the north side of TT 26148, permission shall be obtained from the property owners in question before construction of that wall segment takes place. Traffic and Circulation 41. Prior to the final building inspection of the 30th unit two publicly maintained roads shall be provided connecting this subdivision to Washington Street and 50th Avenue. Public Services and Utilities 42. 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. 43. All 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 street improvements. 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. CONAPRVL. 060/BJ/BJ 11 BIB] 07-29-1998-U01 11:39:01AM-U01 ADMIN-U01 CCRES-U02 90-89-U02