CC Resolution 1993-066^#EM RESOLUTION 9346
A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO
TENTATIVE TRACT 27728 TO ALLOW ThE CREATION OF A 65
LOT SUBDIVISION ON A 50.8 ACRE SITE.
CASE NO. rr 27728, AMENDMENT #1 WINCHESTER ASSET MANAGEMENT
FOR LA QUINTA GOLF FROPER'IIES)
WEREAS, the Planning Commission of the City of La Quinta, California, did
on the 22nd day of June, 1993, hold a duly noticed Public Hearing to consider the request of
Winchester Asset Management for La Quinta Golf Properties) for an amendment to an approved
tentative tract map to subdivide 50.8 acres into 65 single family custom home lots and
miscellaneous lots in the Hillside Conservation zone *-1 20,000 proposed), located at the
westerly terminus of Schwabaker Road, more particularly described as:
A PO*ON OF ThE NORTh HALF OF
SECTION 29, T65, R*, SBBM
WHEREAS, the City Council of the City of La Quinta, California did on the 26th
day of July, 1993, hold a duly noticed Public Hearing on the requested amendment and to
consider the positive recommendation of the Planning Commission; and,
WHEREAS, said amended tentative tract 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 has determined that
the amended tentative tract map will not have a significant adverse impact on the environment.
the Negative Declaration which has been adopted is sufficient; and,
WHEREAS, mitigation of various physical impacts have been identified and
incorporated into the approval conditions for amended Tentative Tract 27728, thereby requiring
that monitoring of those mitigation measures be undertaken to assure compliance with them; and,
WHEREAS, at said Public Hearing, upon herring and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts to justify the approval of said amended tentative tract map:
1. That amended Tentative Tract 27728, as conditionally recommended, 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-20,OOO Zoning District development
standards, and design requirements of the Subdivision Ordinance.
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^#EM2. The proposed amended circulation design and single family lot layouts, as conditioned
are suitable for the proposed land division.
3. That the design of the amended subdivision, as conditionally recommended, will be
developed with public sewers and water, and therefore, is not likely to cause serious
public health problems.
4. That the design of amended Tentative Tract 27728 will not conflict with easements
acquired by the public at large for access through the project, since alternate easements
for access and for use have been provided that are substantially equivalent to those
previously acquired by the public.
5. That the proposed amended Tentative Tract Map 27728, as conditioned, provides for
adequate maintenance of the landscape common areas.
6. That the amended Tentative Tract 27728, as conditioned, provides storm water retention,
and park facilities.
7. That general impacts from the amended Tract were considered within the MEA prepared
and adopted in conjunction with the La Quinta General Plan.
WHEREAS, the City Council on the 4th day of May, 1993, did approve the
original tentative tract map by adopfion of Resolution 93-38, subject to conditions; and,
WHEREAS, the Planning Commission on the 27th day of April, 1993, did take
action to recommend approval of said original tentative tract map by adoption of Planning
Commission Resolution 93-018, subject to conditions; and,
WHEREAS, in the review of this Tentative Tract, 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 constitute the findings of the Council in this case;
2. That it does hereby confirm the conclusion of Environmental Assessment 93-255, that
a Negative Declaration has been adopted relative to the environmental concerns of this
tentative tract.
3. That it does hereby approve the subject amended Tentative Tract 27728 for the reasons
set forth in this Resolution and subject to the attached conditions.
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^#EM Resolution No. 93-66
PASSED, APPROVED, and ADOPTED at a regular meeting of the la Quinta
City Council, held on this 26th day of July, 1993, by the following vote, to wit:
AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member Mccartney
ABSTAIN: None
City of I-i Quinta, California
A
NDRA L. JUH City Clerk
City of la Quinta, California
APPROVED AS TO FORM
ip*
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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^#EM CITY COUNCJL RESOLUTION 93-66
CONDITIONS OF APPROVAL FINAL
TENT*VE TRACT 27728, AMENDMENT #1
JULY 26, 1993
* Amended by Planning Commission 4-27-93
+ Added by Planning Commission 4-27-93
** Added by Planning Commission *22-93
GENERAL
1 Ten tative Tract Map 27728 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 approval shall expire two years after the original date of approval by the La Quinta
City Council May 4, 1993) unless approved for extension pursuant to the City of La
Quinta Land Division Ordinance.
3. Seller of single family lots shall disclose to each purchaser of lots that Lake Cahuilla
Regional Park is located to the north, and that they have activities i.e. Jet boat races,
parties, triathions, Sheriffs Department shooting range, etc.) which can generate noise
levels which can be a nuisance for short periods of time.
4. All applicable mitigation measures as noted in mitigated Negative Declaration for this
project, on file in the Planning & Development Department, shall be met prior to
issuance of the fffst grading or building permit. Applicant shall meet with the
Department of Planning & Development to determine which measures are applicable.
5. Prior to issuance of any land disturbing permit, applicant/developer shall employ a
qualified archeological monitor to oversee grading activity.
The designated monitors or their authorized representatives shall have the authority to
temporarily diver, 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.
COND*ONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL:
6. Prior to final map approval by the City Council, the Applicant shall meet the parkiand
dedication requirements * set forth in Section 13.24.030, La Quinta Municipal Code,
by paying parkland fees in lieu, as may be determined in accordance with said Section.
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^#EM I., IL,,.'
Resolution No. 93-66
Conditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
7. If the tract is phased, trrct phasing plans, including phasing of public improvements,
shall be submitted for review and approval by the Planning and Development Department
and Engineering Department prior to fmal map approval.
8. Applicant shall submit proposed street names with alternatives to the Planning and
Development Department for approval prior to final map approval.
9. Design and architectural standards for the custom residences shall be submitted to the
Planning Commission or Design Review Board for review and approval prior to final
map recordation. All approved standards shall be included in the CC&R's. A copy of
the CC&R's shall be submitted to the Planning Department for review and approval.
Standards to reflect the surrounding mountain & desert environment.
The applicant shall notify the purchasers of lots that this is near an equestrian use area.
This shall be either stated in the CC&R's or the real estate disclosure at time of sale.
*10. Prior to recordation of the final tract map, the applicant/developer shall complete
provisions for the Transfer of Development Rights for 29 dwelling units per Municipal
Code Chapter 9.146, unless a change of zone which allows the proposed 65 dwelling
units is approved.
11. Property lines and perimeter walls for all lots shall be located at the top of the graded
slope for each lot.
12. 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 20,000 square feet.
WALLS. FENCING. SCREENING. AND LANDSCAPING
13. 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 activity.
B. Planting of cover crop or vegetation upon previously graded by undeveloped
portions of the site.
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^#EMConditiona of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
C. Provisions 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 Directors 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.
14. 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 Department.
15. Prior to final map approval, the Applicant shall submit to the Planning Department for
review and approval a plan or plans) based on approved conceptual plans showing the
following:
A. I*ndscaping, including plant types, sizes, spacing, location, and irrigation system
for all landscape buffer and entry areas. Desert or native plants species and
drought resistant planting material shall be used in the landscape plan.
B. Ication and design detail of any proposed and/or required wall for perimeter or
screening.
C. Exterior lighting plan, emphasizing minimuzation of light glare impacts to
surrounding properties.
CONDITIONS TO BE FULFILLED PRIOR TO ISSUANCE OF BUILDING PERMITS
16. Prior to the issuance of a grading or 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:
Fire Marshal
Public Works Department
Planning & Development Department
Desert Sands Unified School District
Coachella Valley Water District
Imperial Irrigation District
California Regional Water Quality Control Board NPDES Permit)
Evidence of permits or clearances from the above jurisdictions shall be presented to the
Building Division at the time of the application for a building permit for the use
con templated herewith.
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^#EM 1
Resolution No. 93-66
Conditions of Approval
Tentative Tract 27728g Amendment #1
July 26, 1993
17. 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.
18. Prior to 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 Environmental Assessment 93-2S5 and
Tentative Tract 27728, 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 93-
255 and Tentative Tract 27728, 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 mitigating measures of
Environmental Assessment 93-255 and Tentative Tract 27728. The Planning and
Development Director may require inspections or other monitoring to assure such
compliance.
PUBLIC SERVICES AND UTILITIES:
19. The applicant shall comply with all the requirements of the City Fire Marshal as follows:
A. Schdedule A fire protection approved Super fire hydrants, 6" x 4" x 2 1/2" x 2
112") shall be located at each street intersection spaced no more than 330 feet
apart in any direction with no portion of any frontage more than 165 feet from
a fire hydrant. Minimum fire flow shall be 1500 gpm for 2 hours duration at 20
psi.
B. Prior to recordation of the final map, applicant/developer shall furnish one
blueline copy of the water system plans to the Fire Department for
review/approval. Plans shall conform to the fire hydrant types, location and
spacing, and the system shall meet the fire flow requirements. Plans shall be
signed/approved by a registered civil engineer and the local water company with
the following certification: I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department..'
C. The required water system including fire hydrants shall be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot.
D. Gates installed to restrict access shall be power operated and equipped with a Fire
Department override system consisting of Knox Key operated switches, series KS-
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^#EMConditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
2P with dust cover, mounted per recommended standard of the Knox Company.
Improvement plans for the entry street and gates shall be submitted to the Fire
Department for review/approval prior to installation.
E. If public use type buildings are to be constructed, additional fire protection may
be required. If fire flows and hydrant locations will be stipulated when building
plans are reviewed by the Fire Department.
20. The applicant shall comply with all requirements of the Coachella Valley Water District
as noted in their letter dated March 30, 1993, on file in the Planning & Development
Department.
ENGINEERING DEPARThIENT CONDITIONS:
21. Tract phasing plans, including phasing of public improvements, shall be submitted for
review and approval by the City Engineer and the Planning and Development Department
prior to recordation of any final map under this tentative map.
The 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.
IMPROVEMENT AGREEMENT
22. The applicant shall construct, or enter into a secured agreement to construct, the on- and
off-site grading, streets, utilities, landscaping, on-site common area improvements, and
any other improvements required by these conditions before approval of any final map(s)
under this tentative tract map.
Improvements to be made or agreed to shall include removal of any existing structures
or obstructions which are not part of the proposed improvements.
23. If tract improvements are phased with multiple final maps, off-site improvements ie:
streets) and tract-wide improvements le: perimeter walls, common-area and setback
landscaping, and gates) shall be constructed or secured prior to approval of the first final
map unless otherwise approved by the City Engineer.
The City Engineer may consider proposals by the applicant to secure and construct off-
site and tract-wide improvements in stages commensurate with development of two or
more phases within the tentative map.
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^#EM Resolution No. 93-66
Conditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
DEDIC*ONS
24. The applicant shall dedicate right of way, access, and utility easements in conformance
with the City's General Plan, Municipal Code, applicable *ecific plans, and as required
by the City Engineer.
Dedications required of this tract include:
*A. Access and utility easements to property adjacent to the most southerly south
property line of the tract.
B. An offer to dedicate 37' right of way easements for all private roads.
*C. A sixty foot wide right*f-way easement over Schwabaker Road excepting the
westerly 850 feet of Schwabaker Road which shall remain in private ownership.
D. Other easements as may be determined prior to the filing of a final tract map.
Street right of way geometry for cul*e-sacs, knuckle turns and corner cut-backs shall
conform with Riverside County Standard Drawings #800, #801, and #805 respectively
unless otherwise approved by the City Engineer.
25. The applicant shall dedicate any easements necessary for placement of and access to
utility lines and structures, park lands, drainage basins, common areas, and mailbox
clusters.
26. The applicant shall cause no easements to be granted or recorded over any portion of this
property between the date of approval by the City Council and the date of recording of
any final map(s) covering the same portion of the property unless such easements are
approved by the City Engineer.
GRADING
27. Prior to issuance of any grading or building 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 all construction activities;
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^#EMConditions of Approval
Tentative Tract 27728, An*ndment #1
July 26, 1993
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 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.
28. Graded but undeveloped land shall be maintained in a condition so as to prevent dust and
blowsand nuisances and shall be 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.
29. The applicant shall comply the City's flood protection ordinance.
30. A thorough preliminary engineering, geological and soils engineering investigation shall
be conducted. The report of the investigation the soils report") shall be submitted with
the grading plan.
31. A grading plan shall be prepared by a registered civil engineer. The plan must meet the
approval of the City Eligineer prior to approval of any final map(s).
The grading plan shall conform with the recommendations of the soils report and shall
be certified as adequate by a soils engineer or an engineering geologist. A statement
shall appear on the final map(s) that a soils report has been prepared pursuant to Section
17953 of the Health and Safety Code.
Prior to issuance of any building permit the applicant shall provide a separate document
bearing the seal and signature of a California registered civil engineer, geotechnical
engineer, or surveyor that lists actual building pad elevations. The document shall, for
each building pad in the tract, state the pad elevation approved on the grading plan, the
as-built elevation, and shall clearly identify the difference, 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.
DRAINAGE
32. 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. The tract shall be graded to receive storm flow from adjoining property at
locations that have historically received flow.
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^#EM Resolution No. 93-66
Conditionu of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
33. Storm water run*ff produced in 24 hours during a 100-year storm shall be retained on
site. The tributary drainage aeea for which the applicant is responsible shall extend to
the centerline of adjacent public streets.
34. In design of retention facilities, the percolation rate shall be considered to be zero unless
the applicant provides site-specific data that indicates otherwise.
If retention is on individual lots, the retention depth shall not exceed two feet. If
retention is in common retention basins, and the proposed retention depth exceeds six
feet, applicant shall mitigate the hazard posed by such retention depth in one or more of
the following methods:
A. Fences, walls or another form of barrier which prevents access during flooding.
B. A warning in the CC&Rs, and signs in the golf clubhouse and any other
community or public buildings, that flood waters in the affected area may exceed
six feet in depth.
35. The design of the tract shall not cause any change in flood boundaries, levels or
frequencies in any area outside the tract.
UTILITIES
36. All existing and proposed utilities adjacent to or within the proposed development shall
be installed underground. High-voltage power lines which the power authority will not
accept underground are exempt from this requirement.
37. In areas where hardscape surface improvements are planned, underground utilities shall
be installed prior to construction of the surface improvements. The applicant shall
provide certified reports of utility trench compaction tests for approval of the City
Engineer.
STREET AND TRAFFIC IMPROVEMENTS
38. The City is contemplating adoption of a major thoroughfare improvement program. If
the program is in effect 60 days prior to recordation of any final map for this
development, the development shall be subject to the provisions of the ordinance.
If this development is not subject to a major thoroughfare improvement program, the
applicant shall design and construct street improvements as listed below.
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^#EMConditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 1993
*39. The applicant shall participate in the cost of a specific alignment study, street
improvements, and landscape improvements for the segment of 58th Avenue, Jefferson
Street, and 62nd Avenue beginning one quarter mile east of Jefferson Street and ending
at 62nd Avenue and Madison Street.
The applicant's proportionate share of said costs shall be equal to this properties
proportion of the maximum number of dwelling units that may be constructed in the
currently undeveloped enveloping area which consists of Sections 29, 32, 33, and the
westerly 1900 feet of Section 28 of Township 6, South, Range 6, East, and Sections 4
and 5 of Township 7, South, Range 6, East, San Bernardino Base and Meridian.
The applicant shall provide funding for preparation and processing of the specific
alignment which shall be administered by the City. The applicant;s excess cost in
funding this specific alignment study eyond applicant's proportional share of the study)
shall be credited towards the applicants cost responsibility for design and construction of
the required improvements.
40. Improvement plans for all on- and off-site streets and access gates shall be prepared by
a registered civil engineer. Improvements shall be designed and constructed in
accordance with the Ia Quinta Municipal Code, adopted Standard Drawings, and as
approved by the City Engineer.
Street pavement sections shall be based on a Caltrans design procedure for a 20-year life
and shall consider soil strength and anticipated traffic loading. The minimum pavement
sections shall be as follows:
Residential 3.ON a.c./4.50N a.b.
Collector 4.0"/5.00"
Secondary Arterial 4.0"/6.O0"
Primary Arterial 4.5"/6.OO"
Major Arterial 5.5N16.5011
If the applicant proposes to construct a partial pavement section for use during
development of the tract, the partial section shall be designed with a strength equivalent
to the 2O*year design strength.
41. Improvements shall include all appurtenances such as traffic signs, channelization
markings, raised medians if required, street name signs, sidewalks, and mailbox clusters
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. Improvements may be required
beyond the tract boundaries.
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^#EM
5 *
Resolution No. 93-66
Conditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 19g3
42. The following street improvements shall be constructed to conform with the General Plan
street type noted in parentheses:
*A. Improvements to Jefferson Street and/or the lake Cahuilla Park access drive that the
City Engineer finds necessary to safely integrate the applicant's access road with the
existing conditions.
*B. Schwabaker Road I*1 Street 36' face curb to face curb. The City Engineer
may consider a minimum 24' curbless roadway if special landscaping and pavement
treatments are provided to improve the aesthetic appearance.
C. Private Residential 36' face curb to face curb
LANDSCAPING:
43. The existing trees on the site shall be incorporated into the landscape plan wherever
feasible. A tree retention plan shall be submitted to staff as part of the final I*dscape
Plan and prior to any site grading.
44. Landscape and irrigation plans for landscaped lots, common retention basins and park
facilities shall be prepared by a licensed landscape architect. L*dscape 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-mounted equipment.
landscape and irrigation plans shall meet the requirements of and be signed by the
Planning Director, the City Engineer, the Coachella Valley Water District, and the
Riverside County Agricultural Commissioner.
45. The applicant shall insure that landscaping plans and utility plans are coordinated to
provide visual screening of above-ground utility structures.
46. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans
to the Coachella Valley Water District for review and approval with respect to the
District's Water Management Program.
OUALITY ASSURANCE
*47 The applicant shall retain a California registered civil engineer or designate one who is on
the applicant's staff, to exercise sufficient supervision and quality control during
construction of the grading and improvements to insure compliance with the plans,
specification, applicable codes and ordinances. The engineer retained or designated by the
applicant and charged with compliance responsibility shall make the following
certifications upon completion of construction:
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^#EM 4
Conditions of Approval
Tentative Tract 27728, Amend*tent #1
July 26, 1993
A. All grading and improvements were properly monitored by qualified personnel
during construction for compliance with the plans, specifications, applicable codes
and ordinances, and I thereby certify the improvements to be in full compliance with
those documents."
B. The finish elevations conform with the approved grading plans."
If the quality-assurance program has not been adopted, the applicant shall employ
construction quality-assurance measures which meet the approval of the City Engineer.
48. The applicant shall employ or retain California registered civil engineers, geometrical
engineers, or surveyors, as appropriate, who will provide, or have his or her agents
provide, sufficient supervision and verification of the construction to be able to furnish and
sign accurate record drawings and certify compliance of all work with approved plans,
specifications and applicable codes.
49. Upon completion of construction, the applicant shall furnish the City reproducible record
drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have
the words Record Drawings," As-Built" or As-Constructed" clearly marked on each
sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of
the drawings.
MAINTENANCE
50. The applicant shall make provisions for continuous maintenance of landscaping and related
improvements.
51. The applicant shall maintain the landscaped areas of the subdivision such as common lots,
landscaped setbacks and retention basins until those areas have been accepted for
maintenance by the City's Landscape and Lighting District or a homeowner's association
HOA). The applicant shall maintain all other improvements until final acceptance of tract
improvements by the City Council.
52. The applicant shall provide an Executive Summary Maintenance Booklet for streets,
landscaping and related improvements, perimeter walls, drainage facilities, or any other
improvements to be maintained by an HOA. The booklet should include drawings of the
facilities, recommended maintenance procedures and frequency,:::,;al a costing algorithm
with fixed and variable factors to assist the HOA in planning B*R routine and long term
maintenance.
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^#EM Resolution No. 93-66
Condition. of Approval
Tentative Tract 27728, Amendment 11
July 26, 1993
MANAGEMENT
53. Prior to the recordation of any 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 spaceirecreation areas and private streets and drives shall be maintained in
accordance with the intent and purpose of this approval.
A. The document to convey tide;
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.
The approved Covenants, Conditions, and Restrictions shall be recorded at the same time
that the final map is recorded.
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.
FEES AND DEPOSITS
54. Prior to the issuance of any building permits, the applicant shall provide the Planning and
Development Department with written clearance ftom the Desert Sands Unified School
District that the per-unit impact fees have been paid.
55. Applicant shall pay the California Fish and Game Environmental filing fees. The fee is
$1,250.00 plus $50.00 for the Riverside County document processing. The fee shall be
paid within 24 hours after review by the City Council.
56. The applicant shall pay all deposits and fees required by the City for plan checking and
construction inspection. Deposit and fee amounts shall be those in effect when the
applicant makes application for the plan checks and permits.
MISCELLANEOUS
57. 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.
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^#EMConditions of Approval
Tentative Tract 27728, Amendment #1
July 26, 19g3
58. 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.
59. The applicant shall comply with the provisions of the Hillside Conservation Ordinance *
Quinta Municipal Code Chapter 9.145).
+60. Should the utility easement be used by the property owner to the south, that property
owner will be responsible for paying his proportionate share of the cost bringing those
utilities to the site and for restoring the road and adjacent improvements to their original
condition.
The property to the south if they wish a stub pipe for utility book-up within their utility
easment area must reimburse the applicant as an upfront charge in order to have that stub
constructed at the time the applicant installs said improvements.
+61. The property located south of the southwest corner of Section 29 and adjacent to the
project which receives access through the project, shall be required to pay its proportionate
share of the cost of the said access including construction and maintenance of the
applicant's street, appurtenant utilities, storm drains, landscaping, security, entrance gate
and wall as they relate to the property. The property shall construct it's own access gate
using a design mutually satisfactory to the applicant and the owner to the south.
+62. Public restrooms will be made available at the maintenance facility as well as in the
northern ancillary cart storage facility for all maintenance and landscape workers working
within the project for the development or for individual homeowners.
63. No construction shall occur over the area filled with asphalt concrete waste until the
** applicant has a plan, approved by the City Engineer, for encapsulation of the waste and
for disposal of drainage in the area above the encapsulation.
CONAPRVL. 079 13
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93-U02
66-U02