CC Resolution 1992-092barC6 RESOLUTION 92-92
A RESOLUTION OF THE LA QUINTA CITY
COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA RECONFIRMING THE PREVIOUS
ENVIRONMENTAL ASSESSMENT NO. 88-099 AND
APPROVAL OF TENTATIVE TRACT NO. 23995
SECOND ONE YEAR EXTENSION OF TIME
CASE NO. TT 23995, SECOND ONE YEAR EXTENSION OF TIME
APPLICANT: A.G. SPANOS CONSTRUCTION, INC.
WHEREAS, the Planning Comission of the City of La
Quinta, California, did, on the 13th day of October, 1992, hold
a duly-noticed Public Hearing to consider the request of A.G.
Spanos Construction, Inc. for approval of a second one year
extension of time for a tentative tract which subdivides 133
acres into one neighborhood park lot originally a comercial
lot), three high density residential lots, and 300
single-family development lots, generally located between
Washington Street, Miles Avenue, Adams Street and the Coachella
Valley Water District Wash, La Quinta, excluding the small
triangular area just north of the Wash and just south of the
east/west Avenue 46 alignment Westward Ho Drive), more
particularly described as:
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 17th day of November, 1992, hold a
duly-noticed Public Hearing to consider the request of A.G.
Spanos Construction, Inc. to subdivide 133 acres into one
neighborhood park originally a comercial lot), three high
density residential lots, and 300 single-family development
lots, generally located between Washington Street, Miles
Avenue, Adams Street and the Coachella Valley Water District
Wash, La Quinta, excluding the small triangular area just north
of the Wash and just south of the east/west Avenue 46 alignment
Westward Ho Drive), more particularly described as:
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; and,
WHEREAS, said Tentative Map has complied with the
requirements of **The Rules to Implement the California
Environmental Quality Act of 1970'* Resolution No. 83-63), in
that the Planning Director has conducted an initial study and
has determined that the proposed tentative tract will not have
a significant adverse impact on the environment; and,
Whereas, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Tentative Tract 23995, Second One Year Extension
of Time, thereby requiring that monitoring of those mitigation
measures be undertaken to assure compliance with them; and,
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 I
WHEREAS, the applicant, A.G. Spanos Construction
Inc. have applied for a second extension of time for Tract
23995, in accordance with Section 13.16.230 of the La Quinta
Municipal Code.
WHEREAS, the La Quinta City Council did consider
the above request at a Public Hearing held on the 17th day of
November, 1992.
WHEREAS, at said Public meeting, said City Council
did find the following facts and reasons to justify approval of
said Tentative Tract Map, Second One Year Extension of Time:
1. That Tentative Tract 23995, as conditionally approved, is
generally consistent with the goals, policies, and intent
of the La Quinta General Plan.
2. That the subject site has a rolling topography because of
the sand dunes, with the overall slope going from the
north to the south of the property. The proposed
circulation design and lot layouts, as conditioned, are,
therefore, suitable for the proposed land division.
3. That the design of Tentative Tract Map 23995 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 23995 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.
6. That the proposed Tentative Tract 23995, as conditioned,
provides for adequate maintenance of the landscape buffer
areas.
7. That the proposed Tentative Tract 23995, 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.
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 WHEREAS, in the review of this Tentative Tract Map,
Second One Year Extension of Time, the 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 the conclusion of
Environmental Assessment 88-099 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve Tentative Tract Map 23995,
Second One Year Extension of Time for the reasons set
forth in this Resolution and subject to the attached
amended conditions.
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 17th day of
November, 1992, by the following vote, to wit:
AYES: Council Members Bohnenberger, Franklin, Rushworth,
Sniff & Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
ND;L.JUHOLA* City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WMf*IfA***'
DAWN HONEYWELL, City Attorney
city of La Quinta, California
*F.qor.r n4 *
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6CITY COUNCIL RESOLUTION 92-92
CONDITIONS OF APPROVAL FINAL
TENTATIVE TRACT 23995, SECOND ONE YEAR EXTENSION OF TIME
NOVEMBER 17, 1992
* Modified by Engineering Department on October 19, 1992
GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 23995 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 September 6,
1993, unless approved for extension pursuant to the City of La
Quinta Land Division Ordinance.
3. 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 benefit basis, as required by law.
4. The City shall retain a qualified archaeologist with the developei
paying all costs. The archaeologist retained shall prepare a
mitigation and monitoring plan for artifact location and
recovery. Prior archaeological studies for site CA-RIV-2200
such as MF-1027 and UCRARU#970, as well as other unrecorded
information, shall be analyzed prior to the preparation of the
plan.
The plan shall be submitted to the Coachella Valley Archaeological
Society CVAS) for a two-week review and comment period. At a
minimum, the plan shall: 1) identify the means for digging test
pits; 2) allow sharing the information with the CVAS; and 3)
provide for further testing if the preliminary results show
significant materials are present. 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), cultura*
resources management firm employees, and any assistant(s)/
representative(s), shall be submitted to the Planning and
Development Department. The list shall provide the currer
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.
CS/CONAPRVL.033 1
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 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.
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.
Traffic and Circulation
*6. The city is contemplating adoption of a major thoroughfare
improvements ordinance. The ordinance is intended to distribute
the cost of major thoroughfare construction evenly and fairly on
undeveloped land at the time the land is subdivided or developed
for beneficial use. If the ordinance is adopted at least 60 days
prior to recordation of this map, this project shall be subject to
the provisions of the ordinance.
If the ordinance is not adopted 60 days prior to the recordation
of this map, the Applicant shall construct street improvements
within and contiguous to the tract as listed below.
The Applicant shall construct or bond for half street improvements
to the requirements of the City Engineer and the La Quinta
Municipal Code, as follows:
a. The full length of Washington Street fronting the parcel shall
be constructed to City standards for a 120-foot right-of-way
width Major Arterial), with a curb-to-curb width of 96 feet,
with an 8-foot bike/sidewalk, and two-percent cross slope to
centerline, plus joins.
b. The full length of Miles Avenue fronting the parcel shall be
constructed to City standards for a 110-foot right-of-way
width Primary Arterial), with an 18-foot raised median
island, six-foot sidewalk, and two-percent cross slope to
centerline, plus joins.
* c. Adams Street shall be constructed to city standards for an
88-foot right-of-way width Secondary Arterial), including
applicant's half plus one 14-foot northbound lane, eight-foot
sidewalk, and two-percent cross slope to centerline, plus
joins.
CS/CONAPRVL.033 2
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 I
d. The street identified as Lot S on Exhibit A Tentative Tract
Map) shall be designed for a 72-foot right-of-way and shall bE
constructed for the full length from Washington Street to
Miles Avenue.
e. The Applicant shall construct all private street improvements
to the requirements of the City Engineer and the La Quinta
Municipal Code.
f. The interior public street system shall be designed pursuant
to the approved Exhibit A tract map) for TT 23995. The
cul-de-sac streets shall be designed for a 50-foot
right-of-way with 36-foot width curb-to-curb. A five-foot
utility easement shall be granted on each side of the 50-foot
right-of-way. All other streets shall have a 60-foot
right-of-way, a six-foot sidewalk, and two-percent slope.
Any variations to the approved street system design sections
shall be subject to review and approval by the Public Works
Department.
7. An encroachment permit for work in any abutting local jurisdiction
shall be secured prior to constructing or joining improvements
i.e., County of Riverside).
8. The Applicant shall participate in the construction or bond for
the construction of Adams Street low water crossing of ti
Whitewater Channel, subject to the requirements of the Cit*
Engineer.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP APPROVAL
9. Prior to final map approval by the City Council, the Applicant
shall submit a proposal to the Planning Commission, for
recommendation to the City Council, for meeting parkiand
dedication requirements as set forth in Section 13.24.030, La
Quinta Municipal Code. The proposal for dedication, fee-in-lieu,
or combination thereof shall be based upon a dedication
requirement of 2.63 acres in the single-family residential area,
as determined in accordance with said Section.
10. The Applicant shall provide sufficient parkiand in the
multi-family residential area in accordance with Government Code
Section 66477 and Section 13.24.030 of the La Quinta Municipal
Code.
11. 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.
CS/CONAPRVL.033 3
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 R
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. A wall shall be
provided around the multi-family residential area in accordance
with the above study.
12. 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 Department.
13. The subdivider shall make provisions for maintenance of all
landscape buffer and storm water easements via one of the
following methods prior to final map approval:
a. Subdivider shall consent to the formation of a maintenance
district under Chapter 26 of the Improvement Act of 1911
Streets 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 Applicant 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 easements.
2) Twenty-foot perimeter parkway lot along Washington Street
3) Twenty-foot perimeter parkway lot along Miles Avenue.
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.
15. The Applicant shall coordinate with Sunline Transit and the City
to provide a future bus turnout and shelter location on Washington
Street. A bus turnout shall be provided for in the approved
street improvement plans, and shall either be constructed with
those improvements for bonded for. Appropriate bonding shall be
provided in lieu of a completed bus stop shelter, until such time
as service is provided by Sunline.
CS/CONAPRVL.033 4
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 LI
Grading and Drainage
16. The Applicant shall submit a grading plan that is prepared by a
registered civil engineer who will be required to supervise the
grading and drainage improvement construction and to certify that
the constructed conditions at the rough grade stage are as per the
approved plans and grading permit. This is required prior to
final map approval. Certification at the final grade stage and
verification of pad elevations is also required prior to final
approval of grading construction.
17. 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.
18. 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.
19. Any earthwork on contiguous properties requires a written
authorization from the owner(s) slope easement) in a forr
acceptable to the City Engineer.
*20. 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 easements must be
shown on the Final Tract Map.
Applicant shall continue to accept drainage from the low area on
the north side of Miles Avenue near the mobile home park.
21. Prior to the issuance of a grading permit, the Applicant shall
prepare and submit a written report to the Planning Director
demonstrating compliance with those conditions of approval and
mitigation measures of TT 23995 and EA 88-099, which must be
satisfied prior the 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 Director demonstrating
compliance with those conditions of approval and mitigation
measures of this TT 23995 and EA 88-099, 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 Director demonstrating
compliance with all remaining conditions of approval and
mitigation measures of this TT 23995 and EA 88-099. The Planning
Director may require inspection or other monitoring to assure suci
compliance.
CS/CONAPRVL.033 5
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 I
Traffic and Circulation
22. 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.
Easements and rights of way along Washington Street shall be
dedicated within thirty 30) days of the approval of the
second time extension for the tract.
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.
23. Applicant shall dedicate, with recordation of the tract map,
access rights to Washington Street, Miles Avenue, and Adams Street
for all individual parcels which front or back-up to those
rights-of-way.
Tract Desi*n
*24. A minimum 20-foot landscaped setback shall be required along
Washington Street, Adams Street and Miles Avenue. Design of the
setbacks shall be approved by the Planning and Development
Department. Setbacks shall be measured from ultimate right-of-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. 13, unless an
alternate method is approved by the Planning and Development
Department.
25. The tract layout shall comply with the R-3 and R-1 zoning
requirements and specific plan specifications, including for the
R-l zone minimum lot size and minimum average depth of a lot. The
minimum R-l lot size to be recorded in a final map shall be 7,200
square feet.
Walls, Fencing, Screening, and Landscaping
26. 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.
CS/CONAPRVL.033 6
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 k*5
The land owner shall institute blowsand and dust control measures
during grading and site development. These shall include, but not
be limited to:
a. The use of irrigation during any construction activities;
b. Planting 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 the
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.
27. 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.
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:
a. Landscaping, including plant types, sizes, spacing, locations,
and irrigation system for all landscape buffer areas. 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 lighting plan, emphasizing minimization of light and
glare impacts to surrounding properties.
29. Prior to final map approval, the subdivider shall submit criteria
to be used for landscaping of all single-family individual lot
front yards. At a minimum, the criteria shall provide for two
trees and an irrigation system.
CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS
30. 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
CS/CONAPRVL.033 7
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 R
0 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.
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. The Applicant shall comply with the following:
a. No buildings in the multi-family area within 150 feet of the
ultimate right-of-way of Washington Street and Miles Avenue
shall be higher than one story.
b. Seventy-five percent of R-1 zone dwelling units within 150
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 approval a drawing showing the location of any
single-family units higher than one story located along Miles
Avenue frontage.
33. 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.
34. In the R-1 zone, 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
Comission will review and approve these as a Business Item. The
basic architectural standards shall be included as part of the
C.C. & R's.
35. The residential plot plan for the R-3 multi-family) zone shall
show 6.45 acres based on 736 proposed units) of private open
space within the development which is usable for active recreation
space in accordance with Section 13.24.030 of the La Quinta
Municipal Code and Government Code Section 66477.
CS/CONAPRVL.033 B
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02
barC6 5
Traffic and Circulation
36. The Applicant shall pay a 25 percent share of all fees necessary
for signalization costs at the corner of Washington Street and
Miles Avenue, and 50 percent of signalization costs at the
*ulti-family/commercial area access point onto Miles Avenue and 25
percent of the signalization costs at the intersection of Miles
Avenue and Adams Street.
Public Services and Utilities
37. The Applicant shall comply with the requirements of the City Fire
Marshal.
38. The Applicant shall comply with all requirements of the Coachella
Valley Water Distrct, including those related to the storm water
channel. 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.
Miscellaneous
39. The Applicant shall provide a 20-foot bikeway easement on final
map along the south property boundary of the site and construct a*
8-f oot bikeway in accordance with Engineering Department
standards. The 20-foot bikeway easement can, if acceptable to
CVWD, be located on CVWD owned or administered property. If no
agreement can be reached with the CVWD the 20-foot bikeway
easement shall be provided on land within Tentative Tract 23995.
Access shall be provided from the multi-family and single
family area to the bikeway. The applicant shall comply with
the above condition prior to issuance of occupancy permit for
the first unit.
40. Prior to recordation of the first final map for this development,
the Applicant shall reimburse the city or provide security in
guarantee of reimbursement of the city or its redevelopment
districts for any costs previously incurred by the city or its
redevelopment districts for improvements which benefit and would
normally be the responsibility of this development.
If the Applicant provides security in lieu of reimbursement, the
Applicant shall provide the actual cash reimbursement prior to
recordation of any final map which by itself, or in combination
with previously-recorded maps, results in the creation of more
than fifty percent 50%) of the building lots proposed for this
development
*41. Prior to issuance of Certificates of occupancy for buildings
within the tract, the Applicant shall install traffic control
devices and street name signs along access roads to those
buildings.
CS/CONAPRVL.033 9
BIB]
08-05-1998-U01
03:51:34PM-U01
ADMIN-U01
CCRES-U02
92-U02
92-U02