CC Resolution 1992-004^!A
I
RESOLUTION 92- 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, CONFIRMING
THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL
TENTATIVE TRACT 27187 TO ALLOW THE CREATION OF A
SUBDIVISION WITH LOTS HAVING A MINIMUM SIZE OF 20,000
SQUARE FEET ON A +5 ACRE SITE.
CASE NO. TT 27187 GARY L. PUDNEY
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 24th day of September, 1991, hold a duly noticed Public Hearing to
consider the request of Gary L. Pudney to subdivide +5 acres into 8 single family
lots generally located west of Madison Street south of future Beth Circle, more
particularly described as:
PARCELS THREE OF PARCL't MAP NO.16457, BOOK 100,
PAGE 48 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 21st day of October, 1991, the 3rd day of December, 1991, and the 7th day of
January, 1992, hold duly noticed Public Hearijigs to consider the Applicant's request
and recommendation of the Planning Commission concerning Tentative Tract 27187;
and,
WHEREAS, said Tentative Map has complied with the requirements of
9'The Rules to Implement the California Environmental Quality Act of 1970" as
amended), and adopted by City Council Resolution 83-68, in that the Planning
Director has conducted an initial study, and has determined that the proposed
Tentative Tract Map will not have a significant adverse impact on the environment.
A Negative Declaration was considered by the Planning Commission of the City of La
Quinta; and,
WHEREAS, mitigation of various physical impacts have been identified
and incorporated into the approval conditions for Tentative Tract 27187, 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 approval of said Tentative Tract
Map:
1. That Tentative Tract 27187, 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 20,000 Zoning District
development standards, and design requirements of the Subdivision
Ordinance.
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2. That the subject site is fairly level and presently used for a citrus orchard.
The proposed circulation design and single family lot layouts, as conditioned,
are, therefore, suitable for the proposed land division.
3. 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.
4. That the design of Tentative Tract 27187 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.
5. That the proposed Tentative Tract Map 27187, as conditioned, provides for
adequate maintenance of the landscape common areas.
6. That the proposed Tentative Tract 27187, as conditioned, provides storm
water retention, park facilities, and noise mitigation.
7. 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, 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 reci*Uons are true and constitute the findings of the Council
in this case;
2. That it does hereby confirm the conclusion of Environmental Assessment 91-
213, relative to the environmental concerns of this Tentative Tract;
3. That it does hereby approve the subject Tentative Tract 27187 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 7th day of January, 1992, by the following vote,
to wit:
AYES: Council Members Franklin, Rushworth, Sniff & Mayor Pena
NOES: Council Member Bohnenberqer
ABSENT: None
ABSTAIN: None
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City of La Quinta, California
ATTEST:
*AL.JUHOL,CityC1erk
City of La Quinta, California
APPROVED AS TO FORM
CL4
DAWN HONEYWELL, *y Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 92-
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 27187 GARY L. PUDNEY
JANUARY 7, 1992
* Modified by Planning Commission on September 24, 1991
+ Modified by City Council on January 7, 1992
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map 27187 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.
At a minimum, the plan shall: 1) identify the means for digging test pits; and
2) provide for further testing if the preliminary results show significant
material are present. The final plan shall be submitted to the *anning 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) Irepresentative(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 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.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL
4. 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.
5. A noise study shall be prepared by a qualified acoustical engineer, to be
submitted to the Planning & 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.
6. If the tract is phased, tract phasing plans, including phasing of public
improvements, shall be submitted for review and approval by the Planning and
Development Department and Engineering Department prior to final map
approval.
7. Applicant shall submit proposed street names with alternatives to the Planning
and Development Department for approval prior to final map approval.
8. A. If custom homes are proposed design and architectural standards for
residences in this tract shall be submitted to the Design Review Board
for review and approval prior to final map recordation. All approved
standards shall be included in either the CC&R*s, property covenants,
or Real Estate Disclosure forms subject to final approval by the
Planning and Development Director.
B. If one developer plans to build all the units in this subdivision, the
following condition will apply. The Applicant shall submit complete
detailed or architectural elevations for all units for Design Review
Board review and approval prior to building permit issuance. The
architectural standards shall be included as part of the CC & R's if
any), property covenants, or Real Estate Disclosure forms subject to
final approval by the Planning and Development Director.
TRACT DESIGN
9. A minimum 20-foot landscaped setback shall be provide on Madison Street.
Design of the setback shall be approved by the Planning and Development
Department. Setback shall be measure from ultimate right-of-way line.
a. The minimum setbacks may be modified to an *average" if a meandering
or curvilinear wall design is used.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
b. Setback areas shall be established as a separate common lot and be
maintained as set forth in Condition #35, unless an alternate method is
approved by the Planning and Development Department.
WALLS, FENCING, SCREENING, AND LANDSCAPING
10. 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 activity.
b. Planting of cover crop or vegetation upon previously graded by
undeveloped portions of the site.
c. Provisions 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 Directors 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.
11. 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.
12. 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 landscape buffer and entry areas. Desert or
native plans species and drought resistant planting material shall be
incorporated into the landscape plan. Lawn shall be minimized and not
used adjacent to curb. No spray heads shall be used adjacent to street
curbing or sidewalk areas.
b. Location and design detail of any proposed and/or required walls.
C. Exterior lighting plan, emphasizing minimization of light glare impacts
to surrounding properties.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS
13. 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
o Coachella Valley Water District
o Coachella Valley Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the above-mentioned agencies
shall be presented to the Brn*ding and Safety Department at the time of the
application for a building permit for the use contemplated herewith.
14. 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.
15. Dwelling units shall be limited to one story, not to exceed 18 feet in height.
16. 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.
17. 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 Environmental Assessment 91-213 and Tentative Tract 27187,
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 91-213 and Tentative Tract 27187, 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 mitigating measures of Environmental
Assessment 91-213 and Tentative Tract 27187. The Planning and Development
Director may require inspection or other monitoring to assure such
compliance.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
PUBLIC SERVICES AND UTILITIES
18. The Applicant shall comply with all the requirements of the City Fire Marshal
as stated in the memo dated August 21, 1991.
19. The Applicant shall comply with all requirements of the Coachella Valley Water
District.
ENGINEERING DEPARTMENT CONDITIONS:
20. Applicant shall dedicate public street right-of-way and utillty easements in
conformance with the City's General Plan, Municipal Code, applicable Specific
Plans if any, and as required by the City Engineer, as follows:
a. Right-of-way geometry for cul-de-sacs, knuckle turns and corner
cut-backs shall conform with Riverside County Standard Drawings
#800, #801, and #805 respectively unless otherwise approved by the
City Engineer.
b. Madison Street Primary Arterial, 55-foot haff width;
c. Beth Circle Cul-de-sac, 60-foot full width. Appilcant shall obtain the
complementary portion of right of way from adjacent property owner or
redesign the tract to more effectively utilize the existing right of way.
21. Applicant shall provide a fully improved landscaped setback lot of noted width
adjacent to the following street right-of-way(s):
a. Madison Street, 20-feet wide.
22. Applicant shall vacate vehicle access rights to Madison Street from all abutting
lots. Access to Madison Street from this land division shall be restricted to
the Beth Circle intersection only.
23. Turning movements of traffic accessing the subject subdivision from adjoining
public streets shall be as follows:
a. Madison Street Beth Circle: right turn in and out only.
24. The median island on Madison Street shall have no opening in it to permit
vehicular left turn movements into or out of the subdivision where Beth Circle
intersects Madison Street.
25. Applicant shall have street improvement plans prepared by a registered civil
engineer. Street improvements shall be designed and constructed for all
streets within the proposed subdivision and for off-site streets as required
by these Conditions of Approval. All street improvements shall be designed
and constructed in accordance with the La Quinta Municipal Code and adopted
Standard Drawings, and City Engineer and shall include all appurtenant
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Condition. of Approval
Tentative Tract 27187
January 7, 1992
components required by same, except mid-block street lighting, such as but
not limited to traffic signs and channelization markings, street name signs,
sidewalks, and raised medians where required by City General Plan. Street
design shall take into account the soil strength, anticipated traffic loading,
and design life. The minimum structural section for residential streets shall
be 3!' AC over 49! Class 2 Base.
Miscellaneous incidental improvements and enhancements to existing
improvements where joined by the newly required improvements shall be
designed and constructed as required by the City Engineer to assure the new
and existing improvements are appropriately integrated to provide a finished
product that conforms with City standards and practices. This includes
tapered off-site street transitions that extend beyond tract boundaries and
join the widened and existing street sections.
The following specific street widths shall be constructed to conform with the
General Plan street type noted therewith:
a. ON-SITE STREETS
1. Beth Circle 18-foot half width Local Street cul-de-sac,
plus a 12-foot wide east bound lane, refer to Std Dwg #800
b. OFF-SITE STREETS
1. Madison Street portion contiguous to tract) Install half
width Primary Arterial 86' width improvement option),
bond for half of raised median, refer to Std Dwg #100.
26. Applicant shall construct, or enter into agreement to construct, the site
grading, off-site public improvements and utilities, and on-site common area
improvements before the final map is recorded. Applicant shall pay cash, in-
lieu of and equivalent to the respective fair-share construction cost, for those
improvements that the Applicant has partial cost responsibility and
construction must be deferred until the full complement of funding is
available. Payment of cash may be deferred to a future date mutually agreed
by Applicant and City, provided security for said future payment is posted
by Applicant.
27. 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 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.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
28. The tract grading plan shall be prepared by a registered civil engineer and
approved by the City Engineer prior to final map approval.
29. 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 Applicant is unable to comply with the pad elevation differential
requirement, the City will consider and may approve other alternatives that
satisfy the City9s intent to promote and ensure community acceptance and
buyer satisfaction with the proposed development.
30. The tract shall be graded in a manner that permits storm flow in excess of the
retention basin capacity to flow out of the tract through a designated
emergency overflow outlet and into the historic drainage relief route.
Similarly, the tract shall be graded in a manner that anticipates receiving
storm flow from adjoining property at locations that has historically received
flow.
31. 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.
Applicant may use landscaped setback lot along Madison Street for retention
provided the foreslope slope-average does not exceed 5 1 and the maximum
backslope slope-average does not exceed 3:1. The percolation rate shall be
considered to be zero inches per hour unless Applicant provides site-specific
data that indicates otherwise. Other improvement 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.
The triburary drainage area for which the Applicant is responsible shall
extend to the centerline of any public street contiguous to the site.
NOTE: Individual residential lots may not be used for stormwater retention
unless the lots are greater in size than one acre.
32. A trickling sand filter and leachfield shall be installed in the retention basin
to percolate nuisance water in conformance with requirements of the City
Engineer. The sand filter and leach field shall be sized to percolate 22 gallons
per 1,000 square feet of lot area per day.
33. Landscape and irrigation plans shall be prepared by a licensed landscape
architect for the landscaped lots. The plans and proposed landscaping
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
improvements shall be in conformance with requirements of the Planning
Director, City Engineer, and Coachella Valley Water District and the plans
shall be signed these officials prior to construction.
34. Applicant shall submit a copy of the proposed grading, landscaping and
irrigation plans to the Coachella Valley Water District for review and approval
with respect to the Distrnct's Water Management Program.
35. Applicant shall maintain the landscaped areas of the subdivision such as the
landscaped setback lots and retention basins until accepted by the City
Engineer for maintenance by the City.
In no event will the City accept the landscaped lots and retention basin for
maintenance by the City until the residential lots within the subdivision are
included on the property tax roll and producing assessment revenue to the
CjtyYs Lighting and Landscape District.
*36. Applicant shall construct a six-foot wide sidewalk in the westerly parkway and
landscaped setback lot along Madison Street. An equestrian trai] shall also be
provided. The trail should be approximately eight feet and a spilt rail fence
shall separate the trail from the sidewalk. The Design Review Board and
Planning Commission shall approve the proposal.
37. Applicant shall provide a blanket easement that covers the entire landscaped
setback lot(s) for the purpose of a public sidewalk/equestrian path.
38. All existing and proposed telecommunications, television cable, and electric
power lines with 12,500 volts or less, that are adjacent to the proposed site or
on-site, shall be installed in underground facilities.
39. All underground utilities shall be installed, with trenches compacted to City
standards, prior to construction of any street improvements. A soils engineer
retained by Applicant shall provide certified reports of soil compaction tests
for review by the City Engineer.
40. Applicant 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.
41. 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.
42. Applicant shall retain a California registered civil engineer, or designate one
who is on Applicant*s staff, to exercise sufficient supervision and quality
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Conditions of Approval
Tentative Tract 27167
January 7, 1992
control during construction of the tract grading and improvements to certify
compliance with the plans, specifications, applicable codes, and ordinances
The engineer retained or designated by the Applicant to implement this
responsibility shall provide the following certifications and documents upon
completion of construction:
a. The engineer shall sign and seal a statement placed on the *?as built9'
plans that says all grading and grades) improvements) on these
plans were properly monitored by qualified personnel under my
supervision during construction for compliance with the plans and
specifications and the work shown hereon was constructed as approved,
except where otherwise noted hereon and specifically acknowledged by
the City Engineer
b. Prior to issuance of any building permit, the engineer shall provide a
separate document, signed and sealed, to the City Engineer that
documents the building pad elevations. The document shall, for each
lot in the tract, state the pad elevation approved on the grading plan,
the as built elevation, and clearly identify the difference, if any. The
data shall be organized by tract phase and lot number and shall be
cummulative if the data is submitted at different times.
c. Provide to the City Engineer a signed set of as built1' reproduceable
drawings of the site grading and all improvements installed by the
Applicant.
43. An encroachment permit for work in any abutting local jurisdiction shall be
secured prior to constructing or joining improvements.
44. All existing structures that are to be removed from the property shall be
removed, or an agreement secured with a performance bond that has been
executed between the Applicant and the City to assure said removal, prior to
transmitting the final map to the City Council for approval.
45. Applicant is responsible for the cost to design and construct traffic signals
at the following locations:
a. Madison Street Avenue 52: 2% fair share responsibility.
+46. The minimum lot size shall be 20,000 square feet and subject to the R-1 Zone
standards.
*47 If feasible, the Applicant shall retain between 25%-30% of the existing citrus
orchard in it's natural state or prepare a landscaping plan which described
which trees will be retained or relocated as part of the development of the
site. The plans shall be required during the review of the housing plans by
the Design Review Board.
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Conditions of Approval
Tentative Tract 27187
January 7, 1992
48. The Environmental Fees of the State Fish and Game Department and the
County of Riverside shall be paid within 24 hours after review of the tentative
map by the City Council.
+49. Prior to any site disturbance or grading, the Applicant/Developer shall
initiate an on-site lakebed delineation study to be based upon the
paleontological survey contained in Specific Plan 90-015 FEIR Appendix G')
The study shall determine the extent of the ancient lakebed for purposes of
implementing a predevelopment data recovery program within the limits of the
delineated lakebed. This delineation study shall be submitted to the City for
approval.
Paleontological monitoring of grading shall be required for cuts made during
construction activity. Full time monitoring shall be required, given the
ubiquitous distribution of paleobiological remains on the project site. The
mitigating shall be done under the supervision of a qualified vertebrate
paleontologist knowledgeable in both paleontological and archaeological
sampling techniques. This program shall include a report identifying contact
personnel who will be working on-site, the proposed time schedule for grading
monitoring, the qualifications of the persons assigned to do such monitoring
and the method to be used in reporting on compliance to the City. This report
shall be approved by the City prior to the Developer authorizing any work on
the program itseff.
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