CC Resolution 1991-073^#? RESOLUTION 91-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS AND APPROVING
TENTATIVE TRACT 25389, FIRST EXTENSION
OF TIME
CASE NO. TENTATIVE TRACT 25389
M.J. BROCK & SONS, INC.
WHEREAS, the Planning Commission of the City of La
Quinta, did, on the 9th day of January, 1990, hold a duly
noticed Public Hearing to consider the request of M.J. Brock &
Sons, Inc. to subdivide 63.6 acres into 255 single family lots
and numerous street and common lots, generally located between
50th Avenue and the Calle Tampico extension, and Calle Rondo
and Park Avenue alignment, more particularly described as:
A portion of Section 6, Township 6
south, Range 7 East, SBBM; and
WHEREAS, the City Council of the City of La Quinta,
California, did on the 1st day of October, 1991, consider the
Applicant's request and recommendation of the Planning
Commission concerning Tentative Tract 25389, First Extension of
Time; and,
WHEREAS, the City Council of the City of La Quinta,
did on the 16th day of July 1990, and 22nd day of May, 1991,
approve the final map for Tract 25389-1 and 25389-2
respectively; 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 has
determined that the proposed tentative tract has been
previously assessed in connection with the Duna La Quinta
Specific Plan for which an Environmental Impact Report was
approved; and,
WHEREAS, mitigation of various physical impacts
have been identified and have been incorporated into the
approval conditions for Tentative Tract 25389, First Extension
of Time, thereby requiring that monitoring of those mitigation
measures be undertaken to assure compliance with them; and,
WHEREAS, the owners, M.J. Brock & Sons, Inc. have
applied for this First Extension of Time for Tract 25389, in
accordance with Section 13.16.230 of the La Quinta Municipal
Code relating to Time Extension on Tentative Maps First
Extension of Time; and,
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WHEREAS, at said Public Meeting, said City Council
did find the following facts to justify the approval of said
Tentative Tract Map First Extension of Time:
I. That Tentative Tract 25389, as conditionally approved, is
consistent with the Duna La Quinta Specific Plan, the
goals, policies and intent of the La Quinta General Plan,
and the standards of the Municipal Land Division
Ordinance.
2. That the subject site is physically suitable for the
proposed land division.
3. That the design of Tentative Tract 25389 is not likely to
cause substantial environmental damage or injury to fish
or wildlife or their habitat.
4. That the design of the subdivision, as conditionally
approved, is not likely to cause serious public health
problems.
WHEREAS, in the review of this Tentative Tract Map,
First Extension of Time, 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 that the
previous Environmental Impact Report for Duna La Quinta
Specific Plan 83-001 assessed the environmental concerns
of this tentative tract;
3. That it does hereby recommend approval of the
above-described Tentative Tract Map 25389, First
Extension of Time for the reasons set forth in this
Resolution and subject to the attached conditions.
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PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 1st day of October,
1991, by the following vote, to wit:
AYES: Councilmembers Bohnenberger, Franklin, Sniff &
Mayor Pro Tern Rushworth
NOES: None
ABSENT: Mayor Pena
ABSTAIN: None
City of La Quinta, California
ATTEST:
*AUNDRA L. JUHO*, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
A*H*ONE*L()
DAWN L, City*ttorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 91-
CONDITIONS OF APPROVAL RECOMMENDED
TENTATIVE TRACT 25389; FIRST EXTENSION OF TIME
OCTOBER 1, 1991
GENERAL
1. Tentative Tract Map No. 25389 shall comply with the
requirements and standards of the State Subdivision Map
Act, conditions of Duna La Quinta Specific Plan any
previously recorded parcel map on this property, 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. Prior to final tract approval, the Subdivider shall comply
with development requests of the Fire Marshal, Public
Works Department, and Coachella Valley Water District.
Written clearances from these agencies must be provided to
the Planning and Development Department.
TRAFFIC AND CIRCULATION
4. Subdivider shall comply with all requirements of the
Public Works Department, including the following:
a. Dedication of all necessary public street and
utility easements as required. At a minimum, the
following half-street rights-of-way shall be
provided:
Avenue 50..............50 feet
Calle Tampico..........30 feet
Calle Rondo............30 feet
Avenida Ultimo.........20 feet
b. All street improvements shall be constructed to the
requirements of the City Engineer and the La Quinta
Municipal Code, as follows:
1) Full street improvements along Calle Tampico
from Washington Street to Calle Rondo, as
part of Phase One development improvements.
No further improvemetns to this section of
Calle Tampico shall be required of this Tract
nor Oak Tree West Specific Plan 85-006.
2) Half-street improvements along Calle Rondo and
Avenida Ultimo shall be constructed during
Phase Four.
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Conditions of Approval TT-25389
3) Half-street improvements on Calle Tampico from
Calle Rondo to Park Avenue and along Park
Avenue between Calle Tampico and the Tract
entrance Lot E).
4) Twenty-eight feet wide street improvement
centered on Park Avenue centerline between the
Tract entrance Lot E) and 50th Avenue. This
improvement is subject to reimbursement as
provided by further action of the City Council.
5) Three-quarter-street improvements along Avenue
50 for the length of the tract. These
improvements shall include an appropriate
raised median, and six-foot sidewalk with a
two percent cross slope. The Developer is
responsible for half the cost of a raised
median and shall provide a bond or letter of
credit for that share of the cost.
6) The private streets are to be developed
pursuant to City construction standards for
public streets.
C. Unrestricted temporary access to the entire tract
shall be permitted on 50th Avenue via Lot B.
Details of the temporary access shall be subject to
the approval of the City Engineer. This temporary
access shall be abandoned at such time that fifty
percent 50%) of the buildable lots within the tract
have received occupancy permits.
The Applicant shall give notice to all buyers of
lots in this tract as a condition of sale that Lot B
is a temporary access only.
d. Subdivider shall dedicate, with recordation of the
final tract map, access rights to Avenue 50, Park
Avenue, Calle Tampico, and Calle Rondo for all
individual lots which front or back-up to the
right-of-way except as provided in c", above).
e. Storm water run-off produced by a 100-year storm
shall be retained on site in a lake, landscaped
retention basin(s), or discharged to an off-site
area approved by the City Engineer. Any private
drainage structure that crosses a public
right-of-way shall be installed in accordance with
all requirements deemed necessary by the City
Engineer when the encroachment permit is issued.
f. The Developer*s share of the future traffic signal
at the intersection of Avenue 50 and Park Avenue
shall not exceed 25 percent. The Developer shall
provide a bond or letter of credit for his share of
the cost prior to final map recordation.
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Conditions of Approval TT-25389
g. Provide a dimensioned, detailed Park Avenue access
entry design, including access control system
location and turn-around area, for the purpose of
demonstrating adequate stacking area for development
entry.
h. The Applicant shall construct an B-foot wide
sidewalk/bikeway on the north side of Calle Tampico
from Washington Street to Park Avenue, and on the
west side of Park Avenue in that portion which abuts
the tract.
5. The Applicant shall dedicate right-of-way as required by
the City Engineer for a branch type" turnaround near the
west end of Avenida Ultimo.
6. The Applicant shall construct an aesthetically pleasing
sight-restricted gate and wall or chainlink fence with
suitable landscape screening, at the west end of Avenida
Ultimo, if the City vacates the last 70-feet to 90-feet of
the street at the west end.
7. The Applicant shall construct an aesthetically pleasing
sight-restricted gate and wall or chainlink fence with
suitable landscape screening, at the golf course access
point near the west end of Avenida Ultimo.
B. The Applicant shall relocate overhead utilities to
underground facilities along the following perimeter
streets:
Adams Street
Calle Tampico
Avenida Ultimo
Park Avenue: Fifty percent responsibility only from
50th Avenue to Calle Tampico
9. The Applicant shall provide, in conformance with the City
Engineer and Fire Marshal's requirements an emergency
access point on Calle Rondo matching up with Avenida
Tujunga. This shall be identified as a street lot on the
Final Tract Map with a note emergency access only'*.
TRACT DESIGN
10. A minimum 20-foot landscaped wall setback shall be
required along Avenue 50, 10-foot landscape wall setback
along Park Avenue, and five-foot landscape wall setback
along Calle Tampico. Design of the setback areas shall be
approved by the Planning and Development Department.
Along Avenue 50, the landscaping should incorporate slope
stabilization. Setbacks shall be measured from ultimate
right-of-way lines; in the case of Avenue 50, the setback
shall be measured 50 feet from the centerline.
BJ/CONAPRVL.034 *
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Conditions of Approval TT-25389
a. The minimum setback area 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. 23, unless an alternate method is
approved by the Planning and Development Department.
11. The Applicant shall submit complete detail architectural
elevations for all units, for Design Review Board review
and recommendation to the Planning Commission. The matter
will be scheduled as a Business Itern before the Planning
Commission for review and approval. The Applicant shall
submit a copy of the draft C C & R*s to the Planning and
Development Department for review.
12. All single family dwellings located on the following lots
within the subject Tract shall not exceed one story
25-feet) in height: Lots #1*5, 17, 18, 31-48, 91-116,
203, 204, 207-211, and 238-255.
PHASING
13. All perimeter tract boundary walls, landscaping, and
streets shall be installed/constructed as part of Phase
One improvements, except as noted elsewhere in these
conditions
14. Provide temporary turnarounds at all dead-end streets.
PUBLIC SERVICES AND UTILITIES
15. The Subdivider shall comply with the requirements of the
City Fire Marshal.
16. The Subdivider 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.
WALLS, FENCING, SCREENING AND LANDSCAPING
17. Prior to issuance of a grading permit, the Subdivider
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.
18. Prior to final map approval, the Subdivider shall submit
to the Planning Division for review and approval a plan
or plans) showing the following:
a. Landscaping, including, but not limited to, plant
types, sizes, spacing locations, and irrigation
system for all common areas.
BJ/CONAPRVL.034 4
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Conditions of Approval TT-25389
b. Location and design detail of any proposed and/or
required walls.
C. Exterior lighting plan, emphasizing mitigation of
light and glare impacts to surrounding properties.
19. 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
two trees and an irrigation system.
MISCELLANEOUS
20. Provisions shall be made to comply with the requirements
of the City*s adopted Infrastructure Fee Program in effect
at the time of issuance of building permits.
21. 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 with attention
given to avoiding the isolated appearance given by
continuously-walled developments.
22. The Subdivider shall make provisions for maintenance of
all common areas by the following methods prior to final
map approval:
a. Subdivider shall consent to the formation of a
maintenance district under Chapter 26 of the
Improvement Act of 1911 Streets & Highways Code,
Section 5820 et seq.) or the Lighting and
Landscaping Act of 1972 Streets & Highway Code
22600 et seq.) to implement maintenance of all
perimeter street and landscaped buffer areas. It is
understood and agreed that the developer/Applicant
shall pay all above costs of maintenance for said
improved landscaped areas until such time as tax
revenues are received from assessment of the real
property.
b. The Subdivider shall submit to the Planning and
Development Department a Management and Maintenance
Agreement, to be entered into with the lot owners of
this subdivision, in order to insure that private
streets and common lots/facilities including
retention basins will be maintained. A homeowner's
association shall be created with the unqualified
right to assess the owners of the individual lots
for reasonable maintenance costs.
BJ/CONAPRVL.034 5
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Conditions of Approval TT-25389
The association shall have the right to lien the
property of any owners who default in the payment of
their assessments.
23. 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. Any assessments will be done on a benefit
basis, as required by law.
24. The developer shall retain a qualified archaeologist
immediately upon discovery of any archaeological remains
or artifacts and employ appropriate mitigation measures
during project development.
25. The Applicant shall provide an acceptable alternative to
the park dedication as required in the Duna La Quinta
Specific Plan. The alternative shall include 1)
dedication of parkiand elsewhere, or value in-lieu fee, or
a combination of the two; or 2) pay the value equivalent
in development of an existing City park or proposed park.
The value shall be determined consistent with the
procedures of the Subdivision Ordinance. An agreement to
satisfy the condition must be reached prior to recordation
of Phase One.
26. 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.
27. 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 25389 and the Environmental Impact report
for Specific Plan 83-001, 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 Impact
report for Specific Plan 83-001 and Tentative Tract 25389
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
BJ/CONAPRVL.034 6
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Conditions of Approval TT-25389
approval and mitigation measures of Environmental Impact
report for Specific Plan 83-001 and Tentative Tract
25389. The Planning and Development Director may require
inspection or other monitoring to assure such compliance.
BJ/CONAPRVL.034 7
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