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CC Resolution 1990-091#= CITY COUNCIL RESOLUTION NO. 90-91 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 26444 TO ALLOW A 98 LOT SUBDIVISION ON A 32+ ACRE SITE. CASE NO. TT 26444 LA QUINTA ESTATE PARTNERSHIP WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of November, 1990, hold a duly-noticed Public Hearing to consider the request of La Quinta Estate Partnership to subdivide 32+ acres into 98 single-family lots, and other miscellaneous lots, generally located on the east side of Jefferson Street between the All-American Canal and 53rd Avenue, more particularly described as: PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, T6S, R7E, SBBM WHEREAS, the City Council of the City of La Quinta, California, 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 Map 26444; 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, WHEREAS, mitigation of various physical impacts h*ve been identified and will be incorporated into the approval conditions for Tentative Tract 26444 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: CS/RESOCC.006 1 BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=1. That Tentative Tract 26444, as conditionally approved, is generally consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, unit type, circulation requirements, R-1 zoning district development standards, and design requirements of the Subdivision Ordinance. 2. That the subject site will have a flat topography. 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. 26444 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 26444 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 26444, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed Tentative Tract 26444, as conditioned, provides storm water retention, park in-lieu fees, and noise rnitigation. 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 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; CS/RESOCC.006 2 BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment 90-170 relative to the environmental concerns of this tentative tract; 3. That it does hereby approve the subject Tentative Tract Map 26444 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 4th day of December, 1990, by the following vote, to wit: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff and Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN A Mayo City of La Quinta, California City of La Quinta, California APPROVED AS TO FORM: * j.7A(*di' DAWN HONEYWELL, City Attorney City of La Quinta, California CS/RESOCC.006 3 BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=CITY COUNCIL RESOLUTION 90-91 CONDITIONS OF APPROVAL FINAL TENTATIVE TRACT 26444 DECEMBER 4, 1990 * Amended by Planning Commission 11/27/90 ** Added by Planning Commision 11/27/90 *** Amended by City Council 12/4/90 **** Deleted by City Council 12/4/90 GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26444, 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. The Tract layout shall comply with R-1 zoning requirements, with minimum lot sizes of 7,200 square feet. 4. A minimum 20-foot landscaped setback shall be provided on Jefferson Street. Design of the setback shall be approved by the Design Review Board and Planning and Development Department. Setback shall be measured from ultimate right-of-way line, 5. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include, but not be limited to: a. The use of irrigation during any construction activities. b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site. C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= Conditions of Approval TT 26444 December 4, 1990 6. 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. 7. The subdivider shall make provisions for maintenance of all landscape buffer and storm water retention areas prior to final map approval as follows: a. 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 Jefferson Street. 3) All common area landscaping. 4) All private streets, including all street medians. 8. 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. 9. If the tract is phased, tract phasing plans, including phasing of public improvements, shall be submitted for review and approval by the Public Works Department and the Planning and Development Department prior to final map approval. 10. Applicant shall submit proposed street names with alternatives to the Planning and Development Department for approval prior to final map approval. CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=Conditions of Approval TT 26444 December 4, 1990 11. Prior to final map approval, the Applicant shall submit to the Planning Division for review and approval a plan or plans) showing the following: a. Landscaping, including plant types, si*es, 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. Along public parkways and medians lawn use shall be limited with no lawn adjacent to curb. No spray heads shall be used next to curbs. b. Location and design detail of any proposed and/or required walls. 12. Prior to final map approval, the subdivider shall submit landscape plans to be used for landscaping of all individual lot front yards. At a minimum, the plans shall provide for two trees five trees on a corner) shrubs, groundcover, and an irrigation system. 13. The Applicant shall install a six-foot-high decorative block sound wall per the Noise Study requirements along the entire length of tract boundary that adjoins Jefferson Street. Additional decorative block walls shall be installed adjacent to All-American Canal, adjacent to side and rear property lines of lots abutting retention basin and not a part" site cactus site). 14. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal o City of La Quinta Public Works Department o Planning & Development Department, Planning Div. o Coachella valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above-mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 15. Provisions shall be made to comply with the terms and requirements of the City1s adopted Infrastructure Fee Program in effect at the time of issuance of building permits. CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= Conditions of Approval TT 26444 December 4, 1990 16. All dwelling units within 150-feet of the ultimate right-of-way of Jefferson Street shall be limited to one story maximum 22-feet high). This limitation shall be included in the CC & R1s. 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 construct landscaping trees and lawn/groundcover) and irrigation systems for drainage retention basin(s) and perimeter areas. The Developer shall maintain the drainage basin(s) and perimeter areas for one year following acceptance of completion by the City. 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 26444 and Environmental Assessment 90-170, which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Environmental Assessment 90-170 and Tentative Tract 26444, 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 90-170 and Tentative Tract 26444. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 20. Design of gated entry from Jefferson Street shall be approved by Engineering Department & Planning and Development Department prior to approval of final map by City Council. 21. Prior to approval of building permit final for 30th dwelling unit, secondary tract access shall be provided to satisfaction of the City. 22. Prior to or concurrent with final map recordation, an easement allowing access to 1A'9 Street from the not a Part" cactus site shall be recorded to the satisfaction of the City Attorney. CONAPRVL.0 10/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=Conditions of Approval TT 26444 December 4, 1990 23. Lot depth to width ratio shall not exceed 2 1/2 to 1 per code requirements. 24. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring land 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 CVAS; and 3) provide for further testing if the preliminary results show significant material 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. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s)/representative(s)i 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 diver, 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 analyses to be prepared and published and submitted to the Planning and Development Department. CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= Conditions of Approval TT 26444 December 4, 1990 25. Prior to final map approval by the City Council, the Applicant shall meet the parkiand dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code, by paying parkland fees in lieu, as may be determined in accordance with said Section. 26. Design and architectural plans for the residences shall be submitted to the Planning Commission and Design Review Board for review and approval prior Building permit issuance. All approved standards shall be included in the CC&R's. A copy of the CC&R's shall be submitted to the Planning Department for review. Consideration shall be given to shading exterior glass areas. 27. Condition Deleted 28. Prior to final map approval, the Applicant shall submit to the Planning Department for review and approval a plan or plans) showing the following: a. Landscaping, including plant types, sizes, spacing, location, and irrigation system for all common landscape areas. Desert or native plans species and drought resistant planting material shall be incorporated into the landscape plan. Use of lawn shall be minimal with no lawn adjacent to curb. No spray heads shall be used adjacent to curb. b. Location and design detail of any proposed and/or required wall. c. Exterior lighting plan, emphasizing minimization of light glare impacts to surrounding properties. PUBLIC SERVICES AND UTILITIES 29. The Applicant shall comply with the requirements of the City Fire Marshal per their letter dated August 8, 1990. 30. The Applicant shall comply with all requirements of the Coachella Valley Water District. 31. All existing over head utility lines and poles adjacent to the site shall be undergrounded. CONAPRVL. 010/Cs BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=Conditions of Approval TT 26444 December 4, 1990 ENGINEERING DEPARTMENT: 32. The Applicant shall vacate vehicle access rights to Jefferson Street 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 Jefferson Street 20 feet); Avenue 53 10 feet) if street is not vacated). The homeowner's association for this subdivision shall be responsible for landscape maintenance of the common lot and landscaped parkway. 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 LQMC, 3" AC over 4" Class 2 Base mm. for residential streets). Street design shall take into account the soil strength, the anticipated traffic loading, and street design life. 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 report of soil compaction tests for review by the City Engineer. 37. Drainage disposal facilities shall be provided as required by the City Engineer. 36. 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. 39. 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. 40. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= Conditions of Approval TT 26444 December 4, 1990 41. 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. 42. The right of way dedications for public streets shall be as follows: Jefferson Street: half-street 60 feet) right of way for 120-foot wide Major Arterial. This right of way shall be dedicated within 60 days after approval of the tentative map. Avenue 53: half-street 36 feet) right of way for 72-foot wide Collector Street this condition applies only if Avenue 53 is kept as a public street). Interior private streets: full-street 37 feet) right of way, plus 5-feet wide public utility easements, plus suitable right of way conforms for **knuckle" turns all 85 required by the City Engineer. *43 The Applicant shall construct, or enter into agreement to *** construct, street improvements for the following streets to the requirements of the City Engineer and the La Quinta Municipal Code prior to approval of the final map. a. Interior private streets: 36-foot wide street improvements per Riverside County Standard Drawing No. 104 and 800 including all appurtenant conforms and amenities. b. Jefferson Street from All American Canal to Avenue 53): half width street improvements plus a 14-foot wide south bound lane plus a full median per Riverside County Standard Drawing No. 100, 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. Avenue 53: half-width improvements per Riverside County Standard Drawing No. 102, plus a 14-foot wide eastbound 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 if street is not vacated). CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=Conditions of Approval TT 26444 December 4, 1990 *44. Traffic signals are required at the following intersections: o Jefferson Street and Avenue 53 The Applicant is responsible for 25% of the cost to design and construct the signal; however, this percentage may be reduced if Avenue 53 is kept as a public street. o Jefferson Street and Avenue 52 The Applicant is responsible for 6% of the cost to design and construct the signal or percentage of the cost as determined by the City Engineer. The signals will be installed by the City when traffic conditions warrant the installation. 45. 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. 46. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. 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. Applicant shall enter into agreement with City prior to recording the final map to maintain the retention basin and landscaped setback lots on Jefferson Street and Avenue 53 until the City Engineer accepts the improvements and approves them for continued maintenance by the homeowners association for the tract. 47. 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 and/or 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. BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #= Conditions of Approval TT 26444 December 4, 1990 48. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 49. 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. 50. 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 compliance responsibility shall make the following certifications upon completion of construction: a) all grading work was properly monitored by qualified personnel during construction for compliance with the 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. 51. Applicant may seek reimbursement from City for specific improvement right of way acquisition costs that exceed a nominal fair-share responsibility noted as follows: Jefferson Street improvements: West of centerline 100% of cost is reimbursable; East of centerline 53% of cost is reimbursable; Reimbursement from City shall be limited to funds specifically received by City for the improvements and right of way parcel for which reimbursement is sought. CONAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02 #=Conditions of Approval TT 26444 Deceit**r 4, i9?0 *52. Applicant shall participate in the cost to design and install the following improvements: Avenue 52, 1320-feet of half-width street improvements; the level of cost participation shall be 50% of required improvements on the south half this condition applies only if Avenue 53 is vacated between Jefferson and Madison Streets). Percentage of required improvements may be amended as determined by the City Engineer. *53. Applicant shall relocate Jefferson Street access to tract to a point not less than 660-feet from intersection of Avenue 53. All access points on Jefferson Street shall be limited to right in/out movements only regardless of location. Access as proposed may remain if 53rd Avenue is vacated. 54. Applicant shall make access provisions for access to the landscape nursery from an interior private street, which shall become available for use only after the nursery land is subdivided for single family residential use. The lots of the subdivided nursery land shall be incorporated into the homeowners association for TT 26444 and the future landowners of the lots shall enjoy the same rights, privileges, and obligations as enjoyed by the other members of the association. 55. If the private streets are planned to be gated C'* street shall be widened to provide a turnaround space. 56. Applicant shall formally apply for vacation of 53rd *** Avenue and complete vacation procedures prior to approval of final map. If not vacated, map shall be revised to include 53rd Avenue with a primary street access from the tract to 53rd Avenue to the satisfaction of the City. MISCELLANEOUS: **57. A biological assessment shall be prepared by a qualified biologist to determine existence of Flat-Tailed Horned Lizard on site. Mitigation measures as recommended by assessment shall be complied with. CQNAPRVL. 010/CS BIB] 07-29-1998-U01 11:42:48AM-U01 ADMIN-U01 CCRES-U02 90-91-U02