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CC Resolution 1992-098^#Cq RESOLUTION 92-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING APPROVAL OF A ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT 26008 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 90-163 CASE NO. TENTATIVE TRACT 26008 VISTA DEVELOPMENT FIRST EXTENSION OF TIME WHEREAS, the Planning Commission of the City of La Quinta, did, on the 24th day of November, 1992, hold a duly-noticed Public Hearing to consider the request of Vista Development Company to extend Tentative Tract 26008 for one year to allow for the subdivision of 15.4 acres into 14 custom single family residential lots, located on the north side of 54th Avenue, approximately 790 feet east of Madison Street, more particularly described as: A PORTION OF SECTION 10, T6S, R7E, SBBM WHEREAS, The City Council of the City of La Quinta, California, did on the 15th day of December, 1992, hold a duly-noticed Public Hearing to consider this request of Vista Development Company; and WHEREAS, Environmental Assessment 90-163 was conducted in 1990, for this case and a Mitigated Negative Declaration was recorded for this project pursuant to California Environmental Quality Act provisions. Therefore, no further environmental review is warranted to approve the Applicant*s request; and, WHEREAS, mitigation of various physical impacts have been identified and incorporated into the approval conditions for Tentative Tract 26008; 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 and reasons to justify approval of said extension of time to the Tentative Tract: 1. That Tentative Tract 26008, as conditionally approved, is generally consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, unit type, circulation requirements, R-1-20,000 zoning district development standards, and design requirements of the Subdivision Ordinance. 2. The Tentative Tract is compatible with the existing and anticipated area development. CS/RESOCC. 050 1- BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq Ii 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 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 90-163, indicating that the proposed Tentative Tract will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval; 3. That it does hereby grant approval the above described Tentative Tract request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15th day of December, 1992, by the following vote, to wit: AYES: Council Meubers Bangerter, Sniff & Mayor Pena NOES: None ABSENT: Council Members Franklin & Perkins ABSTAIN: None City of La Quinta, California ATTEST: IA *DRA L. JUHO*, City Clerk City of La Quinta, California APPROVED AS TO FORM: * DAWN HONEYWELL, *ity Attorney City of La Quinta, California CS/RESOCC.050 2- BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq uJ CITY COUNCIL RESOLUTION 92-98 CONDITIONS OF APPROVAL FINAL TENTATIVE TRACT 26008, EXTENSION OF TIME #1 DECEMBER 15, 1992 * Revised GENERAL CONDITIONS OF APPROVAL 1. Tentative Tract Map 26008, marked Exhibit A", 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 January 31, 1994 unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 3. A minimum 20-foot landscaped setback shall be provided on 54th Avenue. Design of the setback shall be approved by the Planning and Development Department prior to final working drawings being started. Setback shall be measured from ultimate right-of-way line 4. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include, but not be limited to: a The use of irrigation during any construction activities. b. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site. c. Provision of wind breaks or wind rows, fencing, andlor 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. 5. 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. 6. Owner shall execute and record a tYDeclaration of Dedication" in a form acceptable to the City and offering the dedication of drainage retention basin(s) and landscape 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 prior to final map approval. CONAPRVL. 043 1 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#CqConditions of Approval TT 26008 *7 Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. The plans and proposed landscaping improvements shall be in conformance with requirements of, and be signed by, the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor- mount equipment. The subdivided 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: 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/Appilcant 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 I lot owners of this land division, in order to insure common areas and facilities will be maintained, with an 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 54th Avenue. 3) All common area landscaping. 4) All private streets, including all street medians. 8. Design and architectural standards beyond the R-1 Zone requirements for the residences shall be submitted to the Planning and Development Department for review and approval prior to final map recordation. All approved standards shall be included in the CC&Rs and br other appropriate documents. 9. 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, walls, and landscaping, etc.), and other techniques so as to avoid the isolated appearance given by walled developments. CONAPRVL.043 2 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq Conditions of Approval TT 26008 *10. If the tract is phased, 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 prior to final map approval. Applicant shall develop tract phases in the order of the approved phasing plan so that improvements required of each final map are complete prior to issuance of Certificates of Occupancy within subsequent final maps. The City Engineer may consider proposals by the applicant to stage the installation of tract-wide improvements normally secured with the first final map e.e., off-site improvements, perimeter walls and perimeter landscaping) with the orderly development of all phases within the tentative tract. 11. Applicant shall submit proposed street name with alternatives to the Planning and Development Department for approval prior to final map approval. 12. 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. Location and design detail of any proposed and/or required walls. 13. At a minimum, all front yards shall provide four trees or major landscape plants, shrubs, groundcover, and an irrigation system. This requirement is to be included in the CC & R's. 14. The Applicant shall install a six-foot high block sound wall per the Noise Study requirement along the entire length of tract boundary that adjoins 54th Avenue. *15. 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 Ia Quinta Public Works Department o Planning & Development Department, Planning Div. o Coachella Valley Water District o Coachella Valley Unified School District o Imperial Irrigation District o California Regional Water Quality Control Board NPDES Permit) Applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining city approvals and signatures on the plans. 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. 16. 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. CONAPRVL 043 3 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#CqConditions of Approval TT 26008 17. 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 advertisinglconstruction signs. 18. The Developer shall install landscaping trees and lawn/groundeover) and irrigation systems for drainage retention basin(s) and perimeter areas. 19 Prior to the issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Tentative Tract 26008 and Environmental Assessment 90-163, which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of Environmental Assessment 90-163 and Tentative Tract 26008, 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 Environmental Assessment 90-163 and Tentative Tract 26008. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 20. Sidewalk on 54th Avenue shall meander within right-of-way and 20*foot landscape lot. Design of sidewalk to be approved by Planning and Development Department prior to beginning of preparation of landscaping plans. 21. Within 5-feet of 54th Avenue curb, no spray irrigation heads, nor lawn, shall be used. Within this area only emitters and spreading shrubs and groundcover may be used. *22. If buried remains or artifacts are encountered during development including grading), work shall be stopped, or redirected, and the Planning and Development Department notified immediately. A qualified archaeologist shall be contacted immediately at Applicant's expense and appropriate mitigation measures shall be taken. 23. All existing overhead utilities shall be undergrounded as a part of the development. 24. All existing trees that can be successfully transplanted shall be incorporated into landscaping where feasible. 25. Development of property shall comply with provisions of Specific Plan 90-018, as approved. 26. Prior to recordation of final map, Applicant shall pay in-lieu park fees per City requirements. 27. All exterior lighting including that for signage & landscaping shall comply with tiDark Skyti ordinance. r'OMAPRVT O4* 4 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq Ii Conditions of Approval TT 26008 PUBLIC SERVICES AND UTILITIES * *28. The Applicant shall comply with the requirements of the Imperial Irrigation District per their letter dated October27, 1992, which requires the dedication of a ten 10) foot Public Utility Easement along Avenue 54. The easement can be incorporated into areas designed for landscape or buffer zones. 29. The Applicant shall comply with the requirements of the City Fire Marshal per their letter dated May 21, 1990. 30. The Applicant shall comply with all requirements of the Coachella Valley Water District per their letter dated April 6, 1990. ENGINEERING DEPARTMENT: 31. The Applicant shall vacate vehicle access rights to Avenue 54 from all abutting individual lots. Access to these streets from this subdivision shall be restricted to street intersections only. 32, A common area lot shall be established for that area between the tract perimeter wall and street right-of-way along Avenue 54th 20-feet wide). *33 The Applicant shall have street improvement plans for public and private streets) prepared by a registered civil engineer. The 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 3" AC over 4" Class 2 Base minimum for residential streets). Street design shall take into account the soil strength, the anticipated traffic loading, and street design life. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks and centralized mail delivery units approved in design and location by the U.S. Post Office and the City Engineer. Mid-block street lighting is not required. Enhancements to existing improvements may be required to integrate the proposed improvements with existing conditions. This includes street width transitions extending beyond tract boundaries. Access points and turning movements of traffic shall be restricted as follows: A. Avenue 54 at access road full turn allowed. 34. The 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. 35. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. CONAPRVL.043 5 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#CqConditions of Approval TT 26008 36. 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. 37. The 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. 38. An encroachment permit for work In any abutting local jurisdiction shall be secured prior to constructing or joining improvements. 39. Prior to transmittal of the final map to the City Council by the City Engineering Department, any existing structures which are to be removed from the property shall have been removed or there shall be an agreement foF the removal which shall be secured by a faithful performance bond in a form satisfactory to the City and granting the City the right to cause any such structures to be removed. *40 All right of way dedications for public streets shall be as follows: Avenue 54: half-street 50 feet) right of way for 100-foot wide Primary Arterial. Interior private street: 36 feet wide, plus corner cut-backs at intersections, plus 10-foot wide public utility easements outside the right of way on both sides, plus suitable right of way conforms for a turn-around at the cul-de-sac and private gate all as required by the City Engineer. Applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and centralized mail delivery units. Cul-de-sacs longer than 150-feet shall have a minimum tuFning diameter of 90- feet. Cul-de-sacs shall be no longer than 1,320 feet unless provided with an approved emergency alternate access or other appropriate fire protection approved by the Fire Marshal. *41. 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 any final map in this development, this project shall be subject to the provisions of the ordinance. If the ordinance is not adopted 60 days prior to recordation of any final map, Applicant shall comply with the following public street improvement requirements. The Applicant shall construct, or enter into agreement to construct, street improvements and appurtenant amenities for the following streets to the requirements of the La *uinta Municipal Code and City Engineer prior to approval of the final map. rnMAPRVL.043 6 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq 5J Conditions of Approval TT 26008 a. Interior private street: 36-foot wide street improvements per Riverside County Standard Drawing No.104 & 800, excluding the sidewalk & curb. b. Avenue 54: half-street improvements per Riverside County Standard Drawing No. 101, including one half of raised median and land transitions as needed beyond the tract boundary, plus a 14-foot wide overlay of the eastbound travel lane. Eastbound travel lane is eligible for reimbursement per City policy. 42. A traffic signal is required at the intersection of Avenue 54 and Madison Avenue. The Applicant is responsible for 12.5% of the cost to design and construct the signal. The traffic signals will be installed by the City when traffic conditions warrant the installation. 43. Applicant shall construct, or enter into agreement to construct, the tract grading and all public improvements before the final map is recorded. App ilcant 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. *44* Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in rear yard maximum water depth not to exceed one foot) and common area landscaped retention basin(s) designed for a maximum water depth not to exceed two feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site-specific data that indicates otherwise. Other requirements include, but are not limited irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the applicant is responsible shall extend to the centerline of any public street contiguous to the site. The tract shall be graded to permit storm flow in excess of retention capacity to flow out of the tract through a designated overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 45. Applicant shall maintain the landscaped areas of the subdivision such as the landscaped setback lots and retention basins until those areas have been accepted by the Homeowner's Association. Applicant shall maintain all other improvements until final acceptance of tract improvements by the City Council. 46. After the tract is graded and the grading bonds are released by the City, the homeowner's association shall be responsible for maintenance of dust control measures for all vacant lots until each lot is built on. CONAPRVL.043 7 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#CqConditions of Approval TT 26008 47. A thorough preliminary engineering, geological, and soils engineering investigation shali be conducted with a report submitted for review along with grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 48. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. 49. The Applicant shall submit a detailed layout of the private gate access and the access-denied turnaround to the City Engineer for approval. A minimum stacking distance of 45-50 feet between the curb line and the gate shall be provided. *50. The city is contemplating adoption of a quality-as su ran ce 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, Applicant shall fully comply with the quality-assurance program. If the quality-assurance program has not been adopted, Applicant shall adopt a construction quality-assurance program which meets the approval of the City Engineer. The applicant shall employ or retain a California registered civil engineer or geotechni cal engineer) as appropriate, to exercise sufficient supervision of the construction and/or the quality control program to be able to produce and sign as-built drawings and certify compliance with the plans, specifications and applicable codes. Upon completion of construction, applicant shall provide the city a set of as built" reproducible drawings of all grading and improvements except water and sewer. Each sheet of the drawings shall have the words As-Built" or As-Constructed" clearly marked on each sheet and be stamped and signed by the engineers certifying to the as-built condition The engineer(s) or surveyor shall place statement(s) on the 1as built" plans as follows: The construction of all improvements on these plans was properly monitored by qualified personnel under my supervision for compliance with the plans and specifications. All observations by me or these personnel indicate the work shown hereon was constructed as approved except as otherwise noted. Noted exceptions have been approved by the City Engineer. Prior to issuance of any building permit, applicant shall submit a separate document, bearing the seal and signature of a California civil or geotechnical engineer or a California registered land surveyor, that lists actual building pad elevations. The document shall, for each lot in the tract) state the pad *evation approved on the grading plan, the as-built elevation, and shall clearly identify the diffe*nce, if any. The data shall be organized by tract phase and lot number and shall be cumulative if the data is submitted at different times. *51. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. CONAPRVL.043 8 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02 ^#Cq I Conditions of Approval TT 26008 *52. Applicant shall provide the city a set of as built9' reproducible drawings of all grading and improvements except water and sewer. Each sheet of the drawings shall have the words 9As-Built" or 1As-Constructedt1 clearly marked on each sheet and be stamped and signed by the engineer certifying to the as- built condition *53 Prior to issuance of Certificates of Occupancy for buildings within the tract, Applicant shall install traffic control devices and street name signs along access roads to those buildings *54 Prior to the recordation of the final map, the Applicant shall submit to the Planning Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title; B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. *55. The approved Covenants, Conditions, and Restrictions shall be recorded at the same time that the final subdivision map is recorded. *56. A Homeowner's Association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowners association. CONAPRVL.043 9 BIB] 08-13-1998-U01 03:12:01PM-U01 ADMIN-U01 CCRES-U02 92-U02 98-U02