CC Resolution 1992-079^#B
RESOLUTION 92-79
A RESOLUTION OF ThE CITY COUNCIL OF ThE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
ONE YEAR *ME EXTENSION FOR TENT*VE
TRACT 25953, TO ALLOW THE CRE*ON OF A
LAND SALES SUBDIVISION ON A +38 ACRE SITE.
CASE NO. TT 25953 MR. & MRS. HAROLD HIRSCH
FIRST EXTENSION OF *ME
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 28th day of July, 1992, and the 11th day of August, 1992, hold a duly-noticed public
hearing to consider the request of Mr. & Mrs. Harold Hirsch to extend for one year their
tentative tract map approval which subdivides +38 acres into 139 single family development lots
for sale, generally located on the northwest corner of Miles Avenue and Dune Palms Road, more
particularly described as:
ThE SOUTHEAST QUARTER OF THE NORTHHEST
QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN.
WHEREAS, the City Council of the City of La Quinta, California, did on the 6th
day of October, 1992, hold a duly-noticed public bearing to consider the request of Mr. & Mrs.
Harold Hirsch to extend for one year their tentative tract map approval; and,
WHEREAS, a Negative Declaration *nvironmental Assessment 90-162) was
adopted by the City Council in 1990 for this case. Therefore, no further environmental review
is necessary for this time extension request.
WHEREAS, mitigation of various physical impacts have been identified and
incorporated into the approval conditions for Tentative Tract 25953, 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 recommendation for approval of a one year extension of time
for said tentative tract map;
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1. That Tentative Tract 25953, 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-l 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 east
central area being the lowest part of the site. 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 25953 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 Tentative Tract Map 25953 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
aequired by the public.
6. That the proposed Tentative Tract 25953, as conditioned, provides for adequate
maintenance of the landscape buffer areas.
7. That the proposed Tentative Tract 25953, 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 this Tentative Tract time extension, the City Council
has considered the effect of the contemplated action of the hdusing 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 and recertify the conclusion of Environmental Assessment
9O*l62 relative to the environmental concerns of this tentative tract;
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3. That it does hereby approve the subject time extension for Tentative Tract 25953 for the
reasons set forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the * Quinta
City Council, held on this 6th day of October, 1992, by the following vote, to wit:
AYES: Council Members Bohnenberqer, Franklin, Sniff & Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: Council Member Rushworth
JOHN P A, ayor
City of Ia Quinta, California
ATIEST.
City of la Quinta, California
APPROVED AS TO FORM
4*&* * *
DAWN HONEYWELL, *ty Attorney
City of La Quinta, California
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5,
CITY COUNCIL RESOLUTION 92-79
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 25953- FIRST EXTENSION OF *ME
OCTOBER 6, 1992
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No.25953 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 on July 31, 1993, unless approved for
extension pursuant to the City of La Quinta Land Division Ordinance.
3. 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 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
benefit basis, as required by law.
4. The Applicant shall comply with the archaeological assessments for the tract area done
by J. Salpas February, 1984), and K. Swope June, 1990). The studies shall be
submitted to the Coachella Valley Archaeological Society CYAS) for a two-week review
and comment period.
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), 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 divert) 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.
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Conditions of Approval
Tentative Tract 25953
October 6, 1992
Upon completion of the data recovery, the developer shall cause three copies of the final
report containing the data analysis to be prepared and published and submitted to the
Planning and Development Department.
5. 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.
6. A temporary road access, for model home access purposes, may be provided off Miles
Avenue. This access shall be terminated upon the completion of model complex use
provided a secondary access is installed.
A drawing showing details of this proposed temporary access point shall be submitted to
the Planning and Development Department and Engineering Department for approval.
Traffic and Circulation
7. Applicant shall dedicate right-of-way for public streets as follows:
a. Miles Avenue: half street 55-feet) right-of-way for 110-foot wide Primary
Arterial.
b. Dune Palms Road: half street 44-feet) right-of-way for 88-foot wide Secondary
Arterial.
c. Interior public streets: full street 60-feet) right*f-way for a local street per
General Plan, plus corner cut backs at intersections, plus suitable right-of-way
conforms for l:nuckle" turns all as required by the City Engineer.
d. Cul-de-sac: full street 50-feet) right-of-way, plus 5-feet wide public utility
easements, plus suitable right-of-way conforms per Riverside County Standard
Drawing No.800.
8. The Applicant shall construct9 or enter into agreement to construct, street improvements
for the following streets to the requirements of the City Engineer and the * Quinta
Municipal Code including all appurtenant conforms and amenities prior to approval of
the final map.
a. Interior public streets: 40-foot wide street improvements per Riverside County
Standard Drawing No.104 for street that join direedy into streets in other tracts,
and 36-foot wide street improvements per Standard Drawing No.105 for cul-de-
sacs and other local residential streets serving fewer than 100 lots. The
improvements at cul-de-sac ends shall be per Standard Drawing 800.
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Conditiona of Approval
Tentative Tract 25953
October 6, 1992
b. Miles Avenue: half street improvements per Riverside County Standard Drawing
No.100, including one half of raised median, 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. Dune Palms: half street improvements per Riverside County Standard Drawing
No.102, plus a 10-foot wide northbound 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.
9. Applicant shall install decorative block wall around water well site per Coachella Valley
Water District CVWD) requirements. Wall plan and landscaping plan for area between
wall and property lines shall be approved by Planning and Development Department.
Any CYWI) required landscaping changes shall be submitted to City for review. All
plan approvals shall be prior to any applicable work beginning.
10. An encroachment permit for work in any abutting local jurisdiction shall be secured prior
to constructing or joining improvements i.e., City of Indio).
COND*ONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL
11. Prior to final map approval by the City Council, the Applicant shall meet the parkland
dedication requirements as set forth in Section 13.24.030, Ia Quinta Municipal Code by
either providing a combination of one acre of parkland plus in-lieu fees for the balance
of the parkland requirement or by providing the total required parkiand dedication
requirement as parkland.
Additional area shall be provided in the proposed park/retention basin area, if needed,
for water retention capacity and to meet security safety, maintenance and recreational
concerns of the City. Sufficient park not retention) area shall be set aside for park
equipment and other park uses not suitable for a retention basin area. The retention
basin/park area shall have slopes of an acceptable standard. A park/retention basin plan
shall be submitted to the Planning and Development Department for review and approval
prior to final map approval.
12. 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 so as to avoid the isolated appearance given by
walled developments.
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*15
Conditions of Approval
Tentative Tract 25953
October 6, 1992
13. 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
Depaptment.
14. Owner shall execute and record a Declaration of Dedication" in a form acceptable to
the City and offering the dedication of drainage retention basin(s) and hardscape buffer
areas to the City for future acceptance and maintenance. In the interim, the owners shall
maintain the basin(s) and perimeter landscaping and provide bond assurance accordingly.
15. Applicant shall enter into agreement with the City prior to recording the final map to
maintain the retention basin and landscaped setback lots on Miles Avenue and Dune
Palms Road until the City Engineer accepts them for maintenance by the City. In no
event will the City accept the retention basin and setback lots for maintenance until the
lots within the subject tract are included on the tax assessment roll and producing tax
revenue to the Lighting and landscape District.
16. 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.
Grading and Drainage
17. The tract grading plan shall be prepared by a registered civil engineer and approved by
the City Engineer prior to final map approval.
ig. 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 the 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 grading plans, specifications, and applicable
codes and 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 plan.
19. 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.
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*nditionU of Approval
Tentative Tract 25953
October 6, 1992
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.
20. The Applicant shall submit a copy of the proposed grading, landscaping, and irrigation
plans to Coachella Valley Water District for review and comment with respect to
CVWD's water management program.
21. A thorough preliminary engineering geological and soils engineering investigation shall
be done and the report submitted for review along with the grading plan. The report's
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.
22. Any earthwork on contiguous properties requires a written authorization from the
owner(s) slope easement) in a form acceptable to the City Engineer.
23. 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.
24. 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.
Traffic and Circulation
25. Applicant shall comply with the following requirements of the Public Works Department:
a. The Applicant shall dedicate all necessary public street and utility easements as
required, including all corner cutbacks.
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Condition. of Approval
Tentative Tract 25953
October 6* 1992
b. The Applicant shall submit street improvement plans that are prepared by a
registered civil engineer. 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
la Quinta Municipal Code three-inch AC over four-inch Class 2 Base minimum
for residential streets).
C. Street name signs shall be furnished and installed by the Developer in accordance
with City standards.
26. Applicant shall vacate, with recordation of the tract map, access rights to Miles Avenue
and Dune Palms Road for all individual parcels which front or back-up to those rights*f-
way.
27. Traffic signals are required at the intersection of Miles Avenue and Dune Palms Road.
The Applicant is responsible for 25 % of the cost to design and construct the signal. The
signals will be installed by the City when traffic conditions warrant the installation.
Tract Design
28. A minimum 2O*foot and 10-foot landscaped setback shall be provided along Miles
Avenue and Dune Palms Road respectively. Design of the setbacks shall be approved
by the Planning and Development Department. Setbacks shall be measured from ultimate
right*f-way lines.
a. The minimum setbacks 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.14, unless an alternate method is approved by the
Planning and Development Department.
29. The tract layout shall comply with all the R-l 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 7,200 square feet.
Walls. Fencing. Screening. and Landscaping
30. 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 mcasures during the grading and site development. These
shall include but not be limited to:
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Conditionu of Approval
T.nt&tivC Tract 2S953
October 6, 1992
a. The use of irrigation during any construction activities;
b. Planfing of cover crop or vegetation upon previously graded but undeveloped
portions of the site; and
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.
31. 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.
32. Prior to final map approval, the Applicant shall submit to the Planning Division for
review and approval a preliminary plan or plans) showing the following:
a. I*ndseaping, including plant types, sizes, spacing, locations, and irrigation
system for all landscape buffer areas. Desert or native plant species and drought
resistant planting materials sball be incorporated into the landscape plan.
b. Icocafion of the meandering sidewalk along Miles Avenue and Dune Palms Road.
Note this sidewalk shall meander within both the landscape buffer and the
parkway area.
C. location and design detail of any proposed and/or required walls.
d. Exterior lighting plan, emphasizing minimization of light and glare impacts to
surrounding properties.
C. Landscaping of retention basins and proposed park, i.e. grass with accent trees
and an irrigation system.
f. No lawn shall be planted within five feet of Miles Avenue and Dune Palms Road
street curbing. All plantings within the five foot area shall be irrigated by emitter
type irrigation system.
33. 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 shrubs, two trees five trees on a corner) and an irrigation system.
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k I K
Conditions of Approval
Tentative Tract 25953
October 6, 1992
& COND*ONS OF APPROVAL TO BE FULFILLED PRIOR TO ThE ISSUANCE OF
BUILDING PERMITS
34. 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 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 Division at the time of the application for a building permit for
the use contemplated herewith.
35. 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.
36. Seventy-five percent of dwelling units within 1 50-feet of the ultimate right-of-way of
Miles Avenue shall be limited to one story, not to exceed 20-feet in height. The
Applicant shall submit to the Planning and Development Department for the approval a
drawing showing the location of any units higher than one story located along Miles
Avenue frontage. Along north property line of tract, all of the dwelling units shall be
limited to one story, not to exceed 20-feet in height, except for units on Lots 117 and
135 which may be 2 story.
37. 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.
e. On-site advertisinglconstruction signs.
38. The Developer shall construct landscaping and irrigation systems for drainage retention
basin(s) and perimeter areas. The Developer shall maintain the drainage basin(s) and
perimeter areas in accordance with Condition #14.
39. 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 ofT', 25953 and EA 90-162, which
must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a
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a,
Conditions of Approval
Tentative Tract 25953
October 6, 1992
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 EA 90-162 and TF 25953 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 EA 90-162 and TI' 25953. The Planning and Development
Director may require inspection or other monitoring to assure such compliance.
40. The Applicant shall submit complete detail architectural elevations for all units, for the
Design Review Board and Planning Commission review and approval as a Business Item
prior to building permit issuance. The architectural standards shall be included as part
of the CC & R's. The latter shall be submitted to the Planning & Development
Department for review.
Traffic and Circulation
41. Prior to the final building inspection of the 30th unit two publicly maintained roads shall
be provided conneeting this subdivision to Dune Palms Road, Miles Avenue or Adams
Street. The Model home temporary aecess shall be considered one of these access points
until that access is terminated in accordance with condition number 6.
42. The termination point of the street shown as Lot Nuevo Drive" street narne not yet
approved) on Exhibit A Crentative Tract Map), shall be barricaded to the safisfaction of
the Public Works Department. If the road network for the adjoining tract has been
constructed and completed, then the above street shall be constructed to connect with
these subdivisions, in accordance with the approved street improvement plans and the
requirements of the City Engineer.
Public Services and Utilities
43. The Applicant shall comply with the requirements of the City Fire Marshal's dated June
1, 1990, except as follows:
a. Condition #5: prior to building final of the 30th dwelling unit, a secondary
public access road shall be provided.
44. The Applicant 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.
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I
Conditions of Approval
Tentative Tract 25953
October 6, 1992
45. All on-site and off-site ufili ties including any exisfing utility poles shall be installed
underground and trenches compacted to City standards prior to construction of any
streets. The soils engineer retained by the Applicant shall provide the necessary certified
compacfion test reports for review by the City Engineer, as may be required.
46. Prior to issuance of applicable permits for area along north property line, plans for
grading, walls, dwelling units shall be given to La Quinta Palms Homeowner's
Associafion for their information.
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