PCRES 2014-002PLANNING COMMISSION RESOLUTION 2014 - 002
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
APPROVAL OF TENTATIVE PARCEL MAP 36539-R, A
REVERSION TO ACREAGE TO CONSOLIDATE
TENTATIVE PARCEL MAP 29052
CASE NO.: REVERSION TO ACREAGE RA 2012-006 (36539-R)
APPLICANT: BLP DESERT, LP and LUNDIN DEVELOPMENT CO.
WHEREAS, The Planning Commission of the City of La Quinta, California, did
on the 141" day of January, 2014, hold a duly noticed Public Hearing to consider
the request of BLP Desert, LP, a Reversion to Acreage to consolidate the land
within Parcel Map 29052 by means of Tentative Tract 36058-R, generally located
at the northwest corner of Jefferson Street and Avenue 50, more particularly
described as:
PARCEL MAP 29052
WHEREAS, said Reversion to Acreage has complied with the requirements of
the "Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63), in that the Community Development Department has
determined that the proposed Reversion to Acreage is exempt from CEQA review
under Guidelines Section 15305 (Minor Alterations in Land Use Limitations); and,
WHEREAS, the Community Development Department published the public
hearing notice in the Desert Sun newspaper on the 3rd day of January, 2014, as
prescribed by the Municipal Code. Public hearing notices were also mailed to all
property owners within 500 feet of the site; and
WHEREAS, at said public hearing, upon hearing and considering the staff
report, staff presentation, all project exhibits, and testimony and arguments, if any,
of all interested persons wanting to be heard, said Planning Commission did make
the following mandatory findings recommending approval of said Reversion to
Acreage:
Finding A — All owners of an interest in the real property within the
subdivision have consented to reversion.
The property owner, BLP Desert, LP and BL2, LP are the sole owners of the
real property in question and has requested this reversion to acreage.
P:\Reports - PC\2014\PC 1-14-14\PH 2 RA 12-006 Lundin\PH 2 (2) RA 12-006 Lundin PC Reso.doc
Planning Commission Resolution 2014-002
Reversion to Acreage 2012-006 / Tentative Map 36539-R
BLP Desert, LP and Lundin Development Co.
Adopted: January 14, 2014
Page 2
2. Finding B - None of the improvements required have been made within two
years from the date the final or parcel map was filed for record, or within the
time allowed by agreement for completion of the improvements, whichever
is the later.
Parcel Map 29052 was recorded by the County of Riverside. The applicant
has not made any of the required improvements under Parcel Map 29052.
3. Finding C - No lots shown on the final or parcel map have been sold within
five years from the date such map was filed for record.
None of the properties identified on Parcel Map 29052 have been sold or
transferred to another property owner since the recordation of the map. BLP
Desert, LP and BL2, LP are the sole owners of the property and have been
since the recordation of Parcel Map 290525.
4. Finding D - The dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage are unnecessary for present or
prospective public purposes.
The property owner has offered to dedicate right-of-way for public street and
public utility purposes along Jefferson Street and Avenue 50. No necessary
prior dedications will be abandoned by the reversion to acreage.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
SECTION 1 . That the above recitations are true and constitute the findings of the
Planning Commission in this case;
SECTION 2. That the Planning Commission does hereby recommend to the City
Council approval of Tentative Map 36539-R, as referenced in the title of this
Resolution, for the reasons set forth in this Resolution, and subject to the
Conditions of Approval as attached.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 14t" day of January, 2014, by the following
vote:
P:\Reports - PC\2014\PC 1-14-14\PH 2 RA 12-006 Lundin\PH 2 (2) RA 12-006 Lundin PC Reso.doc
Planning Commission Resolution 2014-002
Reversion to Acreage 2012-006 / Tentative Map 36539-R
BLP Desert, LP and Lundin Development Co.
Adopted: January 14, 2014
Page 3
AYES: Commissioners Blum, Weber, Wilkinson, and Chairperson Barrows
NOES: None
ABSENT: Vice Chair Wright
ABSTAIN: None
1��- - -
KATIE BARftOWS, Chairperson
City of La Quinta, California
ATTEST:
;S JOVXSON, Community Development Director
ty of a Quinta, California
PAReports - PC\2014\PC 1-14-14\PH 2 RA 12-006 Lundin\PH 2 (2) RA 12-006 Lundin PC Reso.doc
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
GFNFRAI_
The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Reversion to
Acreage with associated Tentative Parcel Map, or any Final Map recorded
thereunder. The City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Reversion to Acreage associated with Tentative Parcel Map 36539-R, and
any Final Map recorded thereunder, shall comply with the requirements and
standards of Government Code § § 66410 through 66499.58 (the "Subdivision
Map Act") and Chapter 13 of the La Quinta Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-auinta.orq.
3. Prior to the issuance of any grading or construction permit by the City, the
applicant shall obtain any necessary clearances and/or permits from the following
agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• South Coast Air Quality Management District Coachella Valley
Printed January 15, 2014
Page 1 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
A project -specific NPDES construction permit must be obtained by the applicant
who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to
the issuance of a grading or site construction permit by the City.
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water);
Riverside County Ordinance No. 457; California Regional Water Quality Control
Board — Colorado River Basin Region Board Order No. 137-2013-0011 and the
State Water Resources Control Board Order No. 2009-0009-DWQ and Order No.
2010-0014-DWQ.
A. For construction activities including clearing, grading or excavation of land
that disturbs one (1) acre or more of land, or that disturbs less than one
(1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the Permittee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for
use in their SWPPP preparation.
B. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
C. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
Printed January 15, 2014
Page 2 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City.
PROPERTY RIGHTS
5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
6. The applicant shall offer for dedication on the Final Map all public street rights -of -
way in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
7. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Jefferson Street (Major Arterial) — Sufficient dedication is required
for the standard 60 foot half width (60 feet from the centerline of
Jefferson Street for a total 120-foot ultimate developed right of
way). In addition, the owner shall make an irrevocable offer to grant
an additional 17 feet of right of way for southbound turn lanes at
the Avenue 50 intersection or as approved by the City Engineer.
2) Avenue 50 - The standard 50 foot half width (50 feet from the
centerline of Avenue 50 for a total 100-foot ultimate developed
Printed January 15, 2014
Page 3 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
right of way).
8. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Tentative Parcel Map are necessary prior to
approval of the Final Map dedicating such right-of-ways, the applicant shall grant
the necessary rights -of -way within 60 days of a written request by the City.
9. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
10. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
FINAL PARCEL MAP
1 1 . Prior to the City's approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map that were approved by the City's map checker on a
storage media acceptable to the City Engineer.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refers to persons currently certified or licensed
to practice their respective professions in the State of California.
12. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
13. The following improvement plans shall be prepared and submitted for review and
approval by the Public Works Department. A separate set of plans for each line
item specified below shall be prepared. The plans shall utilize the minimum scale
specified, unless otherwise authorized by the City Engineer in writing. Plans may
be prepared at a larger scale if additional detail or plan clarity is desired. Note,
the applicant may be required to prepare other improvement plans not listed here
pursuant to improvements required by other agencies and utility purveyors.
Printed January 15, 2014
Page 4 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
A. On -Site Mass Grading Plan 1 " = 40' Horizontal
B. PM 10 Plan 1 " = 40' Horizontal
C. SWPPP 1 " = 40' Horizontal
NOTE: A through C to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
14. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the "Plans, Notes and
Design Guidance" section of the Public Works Department at the City website
(www.la-guinta.org). Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
15. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
IMPROVEMENT SECURITY AGREEMENTS
16. Prior to the granting of any permits for mass grading, the applicant shall furnish
full security entered into by and between the applicant and the City of La Quinta,
for the purpose of guaranteeing the completion of any improvements related to
this Reversion to Acreage and associated Tentative Parcel Map to comply with
the provisions of Chapter 13.28 (Improvement Security), LQMC.
17. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements.
In the event the applicant fails to construct the improvements for the
development, or fails to satisfy its obligations for the development in a timely
manner, pursuant to the approved phasing plan, the City shall have the right to
halt issuance of all permits, and/or final inspections, withhold other approvals
related to the development of the project, or call upon the surety to complete the
improvements.
Printed January 15, 2014
Page 5 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
If the applicant elects to utilize the secured agreement alternative, the applicant
shall submit detailed construction cost estimates for all proposed on -site
improvements for checking and approval by the City Engineer.
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the Final Map by the City Council, the applicant shall also
submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final
Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant's
detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
MASS GRADING
18. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
19. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a mass grading permit approved by the City Engineer.
20. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A mass grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC, and
D. A Best Management Practices report per the approved SWPPP prepared in
accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES
stormwater discharge permit and Storm Management and Discharge
Controls).
Printed January 15, 2014
Page 6 of 7
PLANNING COMMISSION RESOLUTION 2014-002
CONDITIONS OF APPROVAL - ADOPTED
REVERSION TO ACREAGE 2012-006
TENTATIVE MAP 36539-R
BLP DESERT, LP AND LUNDIN DEVELOPMENT CO.
JANUARY 14, 2014
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by an
engineering geologist.
A statement shall appear on the Final Parcel Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
21. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan and SWPPP
for this Reversion to Acreage RA 2008-005 and Tentative Parcel Map 36539-R.
nRAir\iArF
22. Stormwater handling shall be revised and approved by the City Engineer to
conform with the approved hydrology and drainage reports associated with the
approved Mass Grading Plan for this Reversion to Acreage and Tentative Parcel
Map 36539-R.
MAINTENANCE
23. The applicant shall maintain all fencing and screening materials in good working
condition and repair any damages, including those resulting from wind or
vandalism, within 48 hours of occurrence.
24. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping, access
drives, and sidewalks.
25. The applicant shall be responsible for the cleaning and removal of tracked out
gravel and dirt on the adjacent public rights -of -way.
Printed January 15, 2014
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