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CC Resolution 1992-020^!A E RESOLUTION 92-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, RE-CONFIRMING THE ORIGINAL ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF VESTING TENTATIVE TRACT MAP 27031 MINOR CHANGE, AMENDMENT #1) TO ALLOW A MIXED USE COMMERCIAL PROJECT ON_+65.4 ACRES. CASE NO. VESTING TENTATIVE TRACT 27031 BIRTCHER MINOR CHANGE, AMENDMENT 41) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of February, 1992, hold a meeting to consider the request of Birtcher to revise an approved 8 lot vesting subdivision map on 65.4 acres in the C-P-S zone in the area generally bounded by Highway 111, Adams Street future), 47th Avenue, Washington Street, and Simon Drive. WHEREAS, the City Council of the City of La Quinta, did on the 18th day of February, 1992, hold a meeting to consider the Planning Commissions recommendation to allow a revision to a previously approved vesting subdivision map on 65.4 acres in a CPS Zone in the area generally bounded by Highway 111, Adams Street, 47th Avenue, Washington Street, and Simon Drive, more particularly described as: A PORTION OF THE NORTHEAST QUARTER OF SECTION 30, T55, R7E, S.B.B.M. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of June, 1991, hold a duly noticed Public Hearing and continued Public Hearing on July 16, 1991, to consider the request of Birtcher for approval of a 47 lot vesting subdivision of 65.4 acres in the C-P-S zone in the area generally bounded by Highway 111, Adams Street future), 47th Avenue, Washington Street, and Simon Drive. WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of July, 1991, and the 16th day of July 1991, hold a duly noticed Public Hearing to consider the Applicant's request and recommendation of the Planning Commission concerning the Environmental Analysis and Vesting Tentative Tract Map 27031; and, WHEREAS, the City Council of the City of La Quinta, California on the 16th day of July, 1991, approved an 8 lot Vested Tentative Map on 65.4 acres after lengthy discussion and debates; and, BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A I WHEREAS, said tentative map has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970" and adopted by City Council Resolution No. 83-68, in that the Planning Director conducted an initial study, and has determined that the proposed vesting tentative tract will not have a significant adverse impact on the environment; and, WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Vesting Tentative Tract 27031 Minor Change, Amendment #1) 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 meeting, 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 vesting tentative tract map: 1. That Vesting Tentative Tract 27031, Minor Change, Amendment #1) as conditionally approved, is generally consistent with the goals, policies and intent of the La Quinta General Plan for land use density, circulation requirements, C-P-S Zoning District development standards, and design requirements of the Subdivision Ordinance. 2. That the subject site is generally level. The proposed circulation design and lot layouts, as conditioned, are, therefore, suitable for the proposed land division. 3. That the design of the tract, 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 Vesting Tentative Tract 27031 Minor Change, Amendment #1) 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 Vesting Tentative Tract Map 27031, Minor Change, Amendment #1) as conditioned, provides for adequate maintenance of landscape comon areas. 6. That the proposed Vesting Tentative Tract 27031, Minor Change, Amendment #1) as conditioned, provides storm water retention, and noise mitigation. C. BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A a 7. That general impacts from the proposed Tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. B. That the city has provisions to permit vesting of commercial tentative tracts. WHEREAS, in the review of this Vesting Tentative Tract Map, Minor Change Amendment #1, 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 physical 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 Commission in this case; 2. That it does hereby reaffirm the conclusion of Environmental Assessment 90-207 relative to the environmental concerns of this tentative tract; 3. That it does hereby approve the subject Vesting Tentative Tract Map 27031 Minor Change, Amendment #1) for B lots 7 developable) 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 18th day of February, 1992, by the following vote, to wit: AYES: Councilmembers Rushworth, Bohnenberger, Sniff, Franklin NOES: None ABSENT: None ABSTAIN: Mayor Pena City of La Quinta, California i't.*nr'r. * /r'* BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!AATT T: AUNDRA L. JUMOLA<City Clerk City of La Quinta, California APPROVED AS TO FORM: DA#uAuNHONE*ELL,*ty Attorney City of La Quinta, California BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A CITY COUNCIL RESOLUTION 92-20 CONDITIONS OF APPROVAL FINAL VESTING TENTATIVE TRACT 27031 BIRTCHER AMENDMENT #1 MINOR CHANGE) FEBRUARY 18, 1992 * Mitigation measures for Environmental Assessment 90-207 GENERAL CONDITIONS OF APPROVAL: I. Vesting Tentative Tract 27031, Amendment #1 for 8 lots, marked Exhibit 1A", 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 Vesting Tentative Tract Map approval shall expire two years after the approval by the La Quinta City Council unless approved for extension pursuant to the State Subdivision Map. *3 Development of lots in this Vesting Tract shall comply with all provisions of Specific Plan 87-011, Amendment #1, as approved. 4. Approval of this Vesting Tract shall be subject to approval of Specific Plan 87- 011, Amendment #1. 5. Applicant shall submit proposed private street names with alternatives to the Planning and Development Department for approval prior to final map approval by City Council. 6. The appropriate Planning approval shall be secured prior to establlshing any of the following uses: a. Temporary construction facilities b. Sales facilities, including their appurtenant signage c. On-site advertisinglconstruction signs. 7. Provisions shall be made to comply with the terms and requirements of the City adopted Infrastructure Fee Program now in effect. 8. If lot mergers or lot line adjustments are necessary to accommodate development, applications for them shall be submitted with the applicable plot plan or conditional use permit requests. ENGINEERING DEPARTMENT: *9 Applicant shall dedicate public street right of way and utility 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. Highway 111 Major Arterial haif width) or as required by Caltrans; b. Adams Street Primary Arterial, 55-foot half width; CONAPRVL.O43 1 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!AConditiofl9 of Approval vesting Tentative Tract 27031, Amendment 1 February 18, 1992 *10. Applicant shall vacate vehicle access rights to Highway 111, Washington Street, Adams Street, and Avenue 47 from all abutting lots. Access to these streets from this land division shall be restricted to street access points shown on the Internal Circulation Plan, Figure V-i, in Specific Plan 87-011 Amendment #1 *11. Turning movements of traffic accessing the subject subdivision shall be as follows: Hi*hway 111 a. Simon Drive: left and right turns in and out are allowed; b. Lot D between lots 2 and 3: left and right turns in and out are allowed; c Lot D between lots 1 and 2: right turn in and out only. Washin*on Street a. Simon Drive: right turn in and out only; b. Lot E: right turn in and out only; an opening in the median island to permit left turns in and out may be approved by the City Council at a future date if a traffic study confirms the need for this median opening. c. Figure V-i, north of 47th Avenue: right in and out only at access locations shown in Specific Plan 87-011, Amendment #1. Adams Street a. Lot C: right turn in and out only. Avenue 47 a. At access locations shown in Specific Plan 87-011 Amendment #1 Figure V-i revised on 7-16-91 at City Council meeting): right and left turns in and out are allowed. 12. Applicant shall provide a fully improved landscaped setback lot or easement of noted width adjacent to the following street right of ways: a. Highway 111, 38-feet wide; b. Washington Street, 20-feet wide; c. Adams Street, 20-feet wide; d. Avenue47, lo-feetwide; e. Simon Drive, 10-feet wide. 13. 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 CoNAPRVL.043 2 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A Conditions of Approval Vesting Tentative Tract 27031, Amendment *1 February 18, 1992 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. 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 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 city's intent to promote and ensure community acceptance and buyer satisfaction with the proposed development. *16. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basin(s) or discharged to the Whitewater Channel via a storm drain system installed by the Applicant. If the retention basin option is elected, it shall be designed for a maximum water depth not to exceed six feet. The basin slopes shall 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 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. 17. Lot 8 shall not be used as a retention basin as shown on the vesting map. All retention basin locations shall be approved by the City Engineer. 18. Applicant shall install a trickling sand filter and leachfield 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 160 gallons per 5000 square feet of landscaping per day. *19. 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 LQMC and adopted Standard Drawings and City Engineer and shall include all appurtenant 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 CONAPRVL. 043 3 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A I Conditions of Approval vesting Tentative Tract 27031, Amendment #1 February 18, 1992 take into account the soil strength, anticipated traffic loading, and design life. The minimum structural section for residential streets shall be 3" AC over 4" 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.) All streets shown on vesting map: One 14-foot wide travel lane in each direction separated by a 12-foot wide continuous two-way left turn lane, or approved equivalent; minimum total width shall be 40 feet, or as approved by the City Engineer. b. OFF-SITE STREETS 1.) Highway 111 Simon Drive to Adams Street) Install, or participate in the cost of, one-half Major Arterial improvements per Caltrans' requirements, improvements includes half of the raised median, refer to the Project Study Report/Project Report approved by Caltrans in March 1991. 2.) Washington Street Simon Drive to Avenue 47) Install half width Major Arterial, improvement includes one half of raised median, refer to General Plan Figure vII-2. Applicant shall reimburse City for improvements previously installed on east side of centerline. 3.) Adams Street Highway 111 to Avenue 47) Install three-quarter width Primary Arterial 3 of 4 travel lanes for 86' width improvement option), improvement includes full width raised median and 16-foot wide north bound travel lane, refer to Std Dwg #100. Applicant to be reimbursed for street improvements between south property line and 47th Avenue based on fair share determination of land mass. 4.) Avenue 47 portion contiguous to tract) Reimburse developer that installed improvements for that portion located on the north side on the centerline. Reimbursement shall include responsibility for 25% of the cost to design and construct the signal at Avenue 47 and Washington Street. CONAPRVL.O43 4 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A I Conditions of Approval vesting Tentative Tract 27031, Amendment $1 February 18, 1992 *20. 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. 21. Applicant shall construct an eight-foot wide meandering bike path in the easterly parkway and landscaped setback lot/easement along Washington Street and Highway 111 in lieu of the standard six-foot wide sidewalk. 22. Applicant shall provide a blanket easement that covers the entire landscaped setback lot/easement for the purpose of a meandering public sidewalk. 23. All existing and proposed electric power lines with 12,500 volts or less, and are adjacent to the proposed site or on-site, shall be installed in underground facilities. 24. 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. 25. 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. 26. 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. 27. A Caltrans encroachment permit must be secured prior to construction of any improvements along State Highway 111, and all Caltrans requirements shall be implemented. 28. Applicant shall retain a California registered civil engineer, or designate one who is on Applicant's staff, to exercise sufficient supervision and quality 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: CoNAPRVL.O43 5 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A I Coflditiofl9 of Approval Veeting Tentative Tract 27031, Amendment ti P.ebruary 18, 1992 a. The engineer shall sign and seal a statement placed on the as built1' plans that says all grading) 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 cumulative with each submittal if the data is submitted at different times. c. Provide to the City Engineer a signed set of as built" reproducible drawings of the grading and improvements installed by the Applicant. 29. 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. 30. Landscape and irrigation plans for the landscaped lots/easements shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 31. Applicant shall maintain the landscaped areas of the subdivision such as the landscaped setback lots/easements and retention basins until accepted by the City Engineer for maintenance by a merchant's association of the subdivision. 32. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation,perimeter wall, and drainage facilities installed in the subdivision. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the merchant's association in planning for routine and long term maintenance. *33 Applicant shall install a sound barrier wall in the landscaped traffic island located on the west side of Washington Street between Avenue 47 and Simon Drive. A sound study shall be conducted to determine the geometrics of a wall that is needed to achieve the LQMC sound requirements. 34. Applicant shall construct a 6-foot wide, 150-foot long landscaped island shall be constructed in the center of Simon Drive in the transit station vicinity to the satisfaction of the City Engineer, if and when the transit station is installed. CONAPRVL.043 6 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02 ^!A I Conditione of Approval Vesting Tentative Tract 27031, Amendment *i February 18, 1992 35. Applicant is responsible for the cost to design and construct traffic signals at the following locations: a. Highwaylll; 1.) Washington Street: 20% fair share responsibility; 2.) Simon Drive: 25% fair share responsibility; 3.) Lot D: 50% fair share responsibility; 4.) Adams Street: 25% fair share responsibility. b. Washington Street; 1.) Avenue 47: 25% fair share responsibility; 2.) Lot E: 100% cost responsibility, if approved. 36. Applicant shall provide unrestricted blanket cross-access easements on all numbered lots in the subdivision. Easements not to be for secured areas as approved by City. 37. Approval of this map shall be subject to approval of revised Resolution for vesting commercial tentative tracts. CONAPRVL 043 7 BIB] 08-03-1998-U01 03:09:59PM-U01 ADMIN-U01 CCRES-U02 92-U02 20-U02