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RESOLUTION 92-46
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING MODIFIED TENTATIVE TRACT
23773 EXTENSION OF TIME SECOND
REQUEST)
CASE NO. TT 23773 STARLIGHT DUNES
WHEREAS, the Planning Commission of the City of La Quinta, did on
the 28th day of March, 1989, hold a duly noticed Public Hearing, and on the 22nd
day of August, 1989, did held a Public Meeting to consider the request of Starlight
Dunes Partnership to approve and modify Tentative Tract 23773 respectively,
generally located northwest of the Fred Waring Drive and Adams Street intersection,
more particularly described as:
BEING A SUBDIVISION OF PARCEL 4 OF
PARCEL MAP NO 5361, P.M. 11/79,
PORTION OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE MERIDIAN,
IN THE CITY OF LA *UINTA, RIVERSIDE
COUNTY, CALIFORNIA.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 23rd day of March, 1989, hold a duly noticed Public Hearing, and the 6th day of
September, 1989, held a Public Meeting to consider the Applicant's request and
recommendation of the Planning Commission concerning Tentative Tract 23773 and
modified Tentative Tract 23773 respectiveW, and on both occasions made findings to
justify the approval of the applications; and,
WHEREAS, said Tentative Map has complied with the requirements of
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 conducted an initial study, and has determined that the proposed Tentative
Tract will not have a significant adverse impact on the environment and a Negative
Declaration was prepared; and,
WHEREAS, the owners, Starlight Dunes Partnership, have applied for
this Second Extension of Time far modified Tract 23773, in accordance with Section
13.16.230 of the La Quinta Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta, did on the
14th day of April, 1992, hold a duly noticed Public Hearing and recommended
approval of the Applicant's time extension request as proposed; and,
WHEREAS, the City Council of the City of La Quinta did on the 21st day
of April, 1992, and May 5, 1992, hold duly noticed Public Hearings to consider the
request of a second one year extension of time for Tentative Tract 23773; 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 Second Extension
of Time:
1. That modified Tentative Tract 23773, as conditionally approved, is 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 has a rolling topography because of the sand dunes, with
the overall slope going from the west to the east side of the property. The
proposed circulation design and single family lot layouts, as conditioned, are,
therefore, suitable for the proposed land division.
3. That the design of modified Tentative Tract 23773 may cause substantial
environmental damage or injury to the wildlife habitat of the Coachella Valley
Fringe-Toed Lizard, but mitigation measures in the form of fees for a new
habitat area will lessen this impact.
4. That the design of the subdivision, as conditionally approved, will be
developed with public sewers and water, and, therefore, is not likely to cause
serious public health problems.
5. That the design of modified Tentative Tract Map 23773 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
sub stantially equivalent to those previously acquired by the public.
6. That the proposed modified Tentative Tract 23773, as conditioned, provides
for adequate maintenance of the landscape buffer areas.
7. That the proposed modified Tentative Tract 23773, as conditioned, provides
storm water retention, park facilities, and noise mitigation.
8. That general impacts from the proposed tract were considered within the MEA
prepared and adopted in conjunction with the La Quinta General Plan.
WHEREAS, in the review of the Second One Year Time Extension 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.
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 reconfirm Environmental Assessment 88-104, approved
with the initial Tentative Tract, as adequate.
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3. That it does hereby approve Tentative Tract 23773 Second One Year Time
Extension 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 5th day of May, 1992, by the following vote, to wit:
AYES: Council Members Bohnenberger, Franklin, Rushvorth,
Sniff & Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
AT
City of La Quinta, California
APPROVED AS TO FORM
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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CITY COUNCIL RESQLUTION 92-46
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 23773, SECOND ONE YEAR EXTENSION OF TIME
MAY 5, 1992
* Added by Planning Commission on 4-14-92
GENERAL:
1. Tentative Tract 23773 shall comply with the requirements and standards of the
State Subdivision Map Act and the City of La *uinta Land Division Ordinance,
unless otherwise modified by the following conditions.
2. Design and improvement of Tentative Tract 23773 shall be in substantial
conformance with Exhibit A.
3. This tentative tract map approval shall expire on March 21, 1993, unless
approved for extension pursuant to the City of La Quinta Land Division
Ordinance.
4. The Applicant acknowledges that the City is considering a City-wide
Landscape and Lighting District and, by recording a subdivision map, agrees
to be included in the District and to offer for dedication such easements as
may be required for the maintenance and operation of related facilities. Any
assessments will be done on a benefitbasis, as required by law.
ENGINEERINGIGRADING/DRAINAGE:
5. The Applicant shall have a grading plan prepared by a Registered Civil
Engineer, who will be required to certify that the constructed conditions at
the rough and final grade stages are as per the approved plans and grading
permit. This is required prior to issuance of building permits.
6 The developer of this subdivision shall submit a copy of all proposed
landscaping and irrigation plans to Coachella Valley Water District CVWD) for
review and comment with respect to CVWD's water management program.
7. A thorough preliminary engineering geological and soils engineering
investigation shall be done and the report submitted for review along with the
grading plan. Pursuant to Section 11568 of the Business and Professions
Code, the soils report certification shall be indicated on the final subdivision
map.
8. 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 without the approval of the City Engineer.
9. Drainage disposal facilities shall be provided as required by the City
Engineer. The Applicant shall comply with the provisions of the City Master
Plan of Drainage, including payment of any drainage fees required therewith.
All drainage runoff for 100-year storm shall be retained in basin on-site,
including runoff from Fred Waring Drive and Starlight Lane.
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Conditions of Approval
TT 23773
May 5, 1992
10. All utilities will be installed and trenches compacted to City standards prior
to construction of any streets. The soils engineer shall provide the necessary
compaction test reports for review by the City Engineer.
11. The developer shall retain a qualified archaeologist immediately upon
discovery of any archaeological remains or artifacts and employ appropriate
mitigation measures during project grading and development.
12. Applicant shall submit an erosion and dust mitigation program for review by
the City Engineer prior to issuance of permits for any grading activity.
13. Any earthwork on contiguous properties requires a written authorization from
the owner(s) slope easement) in a form acceptable to the City Engineer prior
to any grading permit issuance.
14. Prior to recordation of a final map, the applicant shall pay the required
mitigation fees for the Coachella Valley Fringe-Toed Lizard Habitat Conversion
Program, as adopted by the City, in the amount of $600 per acre of disturbed
land.
TRAFFIC AND CIRCULATION:
15. The Applicant shall dedicate all necessary public street and utility easements
as required bythe City Engineer:
16. That the Applicant shall have prepared street improvement plans for public
and private streets) that are prepared by a Registered Civil Engineer. Street
improvements, including traffic signs, markings, and raised median island,
shall conform to City standards as determined by the City Engineer and
adopted by the La Quinta Municipal Code as set forth in these conditions.
17 Street name signs shall be furnished and installed by the developer in
accordance with standards of the City Engineer.
TRACT DESIGN:
18. The tract layout shall comply with all the R-1 zoning requirements, including
minimum lot size and minimum average depth of a lot. The minimum lot size to
be recorded in a final map shall be 9,000 square feet.
19. Plans for tract phasing of public improvements shall be submitted for review
and approval by the Public Works Department.
MAINTENANCE:
20. The subdivider shall make provisions for maintenance of all landscape buffer
and storm water retention areas via one of the following methods prior to final
map approval.
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Conditions of Approval
TT 23773
May 5, 1992
a. Subdivider shall consent to the formation of a maintenance district
under Chapter 26 of the Improvement Act of 1911 Streets and Highways
Code, Section 5820 et. seq.) or the Lighting and Landscaping Act of
1972 Streets and Highways Code 22600 et. seq.) to implement
maintenance of all improved landscape buffer and storm water retention
areas. It is understood and agreed that the Developer/Applicant shall
pay all costs of maintenance for said improved areas until such time as
tax revenues are received from assessment of the real property.
b. The Appilcant 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. A 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 Fred Waring Drive and
Adams Street/Starlight Lane.
3.) Interior pflvate street syste*n, including access gates and
related common lots.
PUBLIC SERVICES/UTILITIES:
21. Applicant shall comply with the following requirements of the Fire Marshal:
a. Schedule A fire protection approved super fire hydrants 6" X 4" X 2-
1/2" X 2-1/2") shall be located one at each intersection spaced not more
than 330 feet apart in any direction with no portion of any lot frontage
more than 165 feet from any hydrant. Minimum fire flow shall be 1,000
GPM for two hours duration at 20 PSI.
b. The required water system, including fire hydrants, shall be installed
and accepted by CVWD prior to any combustible material being placed
on any individual lot.
c. Prior to the recordation of the final map, App ilcant I Developer shall
furnish the water system improvement plans to the Fire Department for
approval. Plans shall conform to the fire hydrant types, location, and
spacing, and the system shall meet the required fire flows.
d. All access gates shall be power operated and equipped with a radio-
controlled override system capable of opening the gate when activated
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Conditions of Approval
TT 23773
May 5, 1992
by a special transmitter located in emergency vehicles. System shall be
designed to unlatch gates in the event of power failures or be equipped
with backup power facilities. Developer to provide four transmitters
to the Fire Department.
22. The Applicant shall comply with all requirements of the CVWD. Any necessary
parcels for District facility expansion shall be shown on the final map and
conveyed to the CVWD, in accordance with the Subdivision Map Act.
BUILDING AND USE DEVELOPMENT:
23. If a specific dwelling product is envisioned or if groups of lots are sold to
builders prior to the issuance of building permits, the Applicant/Builder shall
submit complete detail architectural elevations for all units. The Planning
Commission will review and approve these as a Business Item. The basic
architectural standards shall be included as part of the C C & R's.
24. seventy-five percent of dwelling units within 150 feet of the ultimate right-of-
way of Fred Waring Drive.shall be limited to one story, not to exceed 20 feet
in height. The Applicant shall submit to the Planning and Development
Department for approval a siting plan showing the location of all unit types
proposed by the developer. No dwelling units within 150 feet of the ultimate
right-of-way of Washington Street shall be higher than one story, not to
exceed 20 feet.
25. The appropriate planning approval shall be secured prior to establishing any
of the following uses:
a. Temporary construction facilities.
b. Private access gates and guardhouse(s).
c. Sales facilities, including their appurtenant signage.
d. On-site advertisingi construction signs.
26. Tract and building permits shall incorporate the recommendations of the
acoustical analysis prepared by Ultrasystems, dated December, 1988.
WALLS1 FENCING, SCREENING, AND LANDSCAPING:
27. 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.
28. Prior to final map approval, the Applicant shall submit to the Planning
Division for review and approval a plan or plans) showing the following:
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Conditions of Approval
TT 23773
MayS, 1992
a. Landscaping, including plant types, sizes, spacing, locations, and
irrigation system for all landscape buffer and common areas including
gates. Desert or native plant species and drought-resistant planting
materials shall be incorporated into the landscape plan.
b. Location and design detail of any proposed and/or required walls.
c. Exterior llghting plan, emphasizing minimization of light and glare
impacts to surrounding properties.
29. Prior to building permit approval(s), 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 15 gallon trees and an irrigation system.
MISCELLANEOUS:
30. Prior to the issuance of a grading permit and building permit for construction
of any building or use contemplated by this approval, the Applicant shall
obtain permits and/or clearances from the following public agencies:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning Division
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the above-mentioned agencies
shall be presented to the Building and Safety Department at the time of the
application for any permit for any use contemplated by this approval.
31. 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.
32. Appilcant shall provide the City a signed set of 9'as built" reproducible
drawings of all grading and improvements except water and sewer.
33. The City is contemplating adoption of a quality-assurance program for
privately-funded construction. If the program is adopted prior to the
issuance of permits for construction of the improvements required of this map,
Appilcant shall fully comply with the quality-assurance program.
*34 The time extension request shall be subject to the developer complying with
the requirement to correct the problem of soil, rock, rubbish, and concrete
storage on the subject property, prior to approval by the City Council.
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