CC Resolution 2002-057 RESOLUTION NO. 2002-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DENYING A REVISED RESIDENTIAL SUBDIVISION OF
130 SINGLE-FAMILY LOTS AND OTHER STREET, PUBLIC UTILITY
AND COMMON LOTS ON APPROXIMATELY 38.4 ACRES LOCATED
AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE
STREET
CASE: TENTATIVE TRACT MAP 30092, AMENDMENT #1
APPLICANT: BARTON PROPERTIES, INC. (CIO STEVEN SELINGER)
WHEREAS, the City Council of the City of La Quinta, California did, on the
5th day of February, 2002, the 5TM day of March, 2002, and the 16TM day of April,
2002, hold duly noticed Public Hearings to consider a request by Barton Properties,
to amend a previously approved tentative map to allow for 130 single family homes
and other miscellaneous common/utility lots on approximately 38.4 acres located at
the northwest corner of Avenue 58 and Monroe Street; and
WHEREAS, the City Council of the City of La Quinta, California did, on the
3rd day of July, 2001, approve Tentative Tract Map 30092, a single family
development of 97 lots and other miscellaneous common lots by adoption of
Resolution 2001-92; and
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 11TM day of December, 2001, and 8~ day of January, 2002, hold duly
noticed Public Hearings to consider Tentative Tract Map 30092 (Amendment #1),
and adopted Resolution 2002-005 recommending approval to the City Council,
more particularly described as:
APN: 761-720-020; SW1/4 of Section 22, T6S, R7E, SBBM
WHEREAS, on February 5, 2002, the City Council requested design changes
be made to the proposed subdivision map application, including the addition of
curvilinear streets, on-street parking, and internal open space; and
WHEREAS, as of April 16, 2002, the Applicant has refused to make such
revisions; and
WHEREAS, on March 4, 2002, the Community Development Department
received a letter from Charles E. Fausel and Norma J. Fausel, who identify
themselves at the owners of the subject property, requesting that the City Council
not take action on the proposed project and informing the City that they do not
consent to the processing of Amendment #1; and
Resolution No. 2002-57
TTM 30092 / Barton Properties
Adopted: April 16, 2002
Page 2
WHEREAS, sectio~ 13.12.130 of the City's Municipal Code requires that
proposed maps and the design or improvements of proposed subdivisions be
consistent with the City's General Plan; and
WHEREAS, section 13.12.050 of the City's Municipal Code, established
pursuant to California Government Code section 65940, requires that applicants
submit, as part of the required application materials for obtaining tentative maps, a
preliminary title report and a tentative map application form signed by the property
owner; and
WHEREAS, section 9.200.100 of the City's Municipal Code requires that
amendments to an application for projects be processed in the same manner as
original applications; and
WHEREAS, on March 18, 2002, the Community Development Director sent a
letter to the applicant, Barton Properties, pursuant to California Government Code
section 65944, requesting supplemental and corrected information on the project,
including a preliminary title report and the owners' signature; and
WHEREAS, on March 18, 2002, the applicant, Barton Properties, responded
to the letter and indicated that it would not provide the corrected or supplemental
information; and
WHEREAS, on April 9, 2002, the Community Development Director sent a
second letter to the applicant, Barton Properties, pursuant to California Government
Code section 65944, again requesting supplemental and corrected information on
the project, namely the signatures of property owners Charles E. Fausel and Norma
J. Fausel on the application form for the amendment to the tentative map; and
WHEREAS, the Applicant, Barton Properties has made no response to the
letter; and
WHEREAS, upon hearing and considering all testimony and arguments of all
interested persons desiring to be heard, the following facts exist which justify
denial of Tentative Tract Map Amendment pursuant to Government Code Sections
65943 and 65944(a)-
Resolution No. 2002-57
TTM 30092 / Barton Properties
Adopted: April 16, 2002
Page 3
1. That increasing the number of permitted dwelling units from 97 to 130
and the overall layout of the revised project is not consistent with the
goal of the Housing Element of the City's General Plan to promote a
Iow density character for its residential neighborhoods.
2. That increasing the number of permitted dwelling units from 97 to 130
in this location and as depicted on the revised map is contrary to the
City's Housing Vision Statement, which states that while the City is to ·
facilitate and encourage new housing, it must preserve the overall Iow
density character of the City.
3. That increasing the number of permitted dwelling units from 97 to 130
is not consistent with the City's Land Use Plan, which is intended to
promote significant new growth in the City where such growth is not
at the expense of the unique quality of life and community character
that the City embodies, inasmuch as the revised map does not reflect
the unique quality of life and community character of the surrounding
area.
4. That the increased density, lot design, and subdivision layout
associated with Amendment //1 is not consistent with the Land Use
Vision Statement in the City's General Plan, which focuses on the
facilitation and integration of development, through desirable character
and sensitive design residential neighborhoods to enhance the existing
high quality of life.
5. That according to the City's policies for found in the Housing Element
of the City's General Plan, the City is to provide for new housing,
which will ensure the development of attractive and functional
residential neighborhoods, and while the original subdivision proposal
of 97 lots is consistent with this policy, the proposed increase in the
number of lots, their configuration, and the configuration of the
subdivision is not consistent with this policy in that the neighborhood
will neither be attractive nor functional.
6. That under the City's policy for parks and recreation development,
found in the City's General Plan, the City's goal is to provide three (3)
acres of park land per 1,000 residents, and Amendment //1 provides
virtually no usable open space within the tract, and provides solely for
parkland elsewhere.
Resolution No. 2002-57
TTM 30092 / Barton Properties
Adopted: April 16, 2002
Page 4
7. That the tentative map Amendment// 1 as submitted by applicant fails
to provide for adequate open space and recreational areas for its new
residents.
8. That according to City's policies for park and recreation development,
the applicant cannot use the area it has reserved for storm water
, retention to meet the park and recreation area requirements, and
therefore Lot No. 131 does not satisfy the need for on-site recreational
areas or open space.
9. That the increase of 33 lots pursuant to Amendment //1 is not
consistent with the City's newly adopted General Plan residential
policy, which is to encourage the preservation of neighborhood
character and assure a consistent and compatible residential land use
pattern, given the layout and design of the revised map.
10. That the increase of 33 lots pursuant to Amendment //1 is also
inconsistent with the newly adopted General Plan policy of
encouraging the preservation of open space in privately owned
development projects.
11. That the proposed development provides no on-street parking for
residents living in cul-de-sacs and will therefore cause a negative
impact on nearby streets.
12. That the application that was submitted to the Community
Development Department on October 17, 2001, did not include a
preliminary title report or property owner authorization.
13. That Section 13.12.050, subparagraph (A) of the Subdivision
Ordinance requires a subdivision map application form to be
completed, including a signature by the property owner of record.
14. That correspondence from the property owners indicates that the
applicant does not have authorization to proceed with the development
application.
15. That Section 13.12.050, subparagraph (F) requires the applicant to
submit a preliminary title report prepared and dated no more than
ninety days prior to submission of the application.
Resolution No. 2002-57
TTM 30092 / Barton Properties
Adopted: April 16, 2002
Page 5
16. That applicant has communicated that it is not willing to submit a
preliminary title report with the development application.
17. That written requests by the Community Development Department to
the applicant to have the application form completed have been met
with resistance.
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 said City Council in this case.
2. The City Council denies the application as submitted based on the
findings stated herein.
3. Based upon the facts stated herein and in the record, the City is
unable to find that the proposed map is consistent with the City's
general plan, and instead finds that the proposed map is inconsistent
with the general plan.
4. Based upon the facts stated herein and in the record, the City is
unable to find that the design and improvements of the proposed
subdivision are inconsistent with the City's general plan.
5. Based upon the facts stated herein and in the record, the City finds
that the design of the improvements, including the lack of open space,
parking, and recreational amenities, will cause an adverse impact upon
the surrounding area, as residents will not be able to satisfy their
recreational needs on-site and in some cases will not be able to park in
front of their homes, causing impacts to the community in the vicinity.
6. Pursuant to Government Code Section 65956(c), the applicant's
failure to submit complete or adequate information pursuant to
Sections 65943 and 65944 are grounds for disapproval, and the
applicant has failed to submit said information.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 1 6th day of April, 2002, by the following vote, to wit:
Resolution No. 2002-57
TTM 30092 / Barton Properties
Adopted: April 16, 2002
Page 6
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES' None
ABSENT: None
ABSTAIN' None
(~,OtyH NofJl~ ~t ~ornia
ATTEST'
J~. GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
City of La Oui