2020 09 29 DH
DIRECTOR’S HEARING September 29, 2020
SPECIAL MEETING
Director’s Hearing Agendas and staff
reports are now available on the
City’s web page: www.laquintaca.gov
DIRECTOR’S HEARING
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
SPECIAL MEETING
TUESDAY, SEPTEMBER 29, 2020 AT 3:00 P.M.
******************************
SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect
Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed
by the Governor of California in response to the state of emergency relating to
novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing
accommodations by suspending or waiving specified provisions in the Ralph M.
Brown Act (Government Code § 54950 et seq.), the Design and Development
Director, the City Attorney, City Staff, and City Consultants may participate in this
meeting by teleconference. Additionally, pursuant to the above-referenced
executive orders, the public is not permitted to physically attend at City Hall the
meeting to which this agenda applies, but any member of the public may listen or
participate in this meeting as specified below.
Members of the public wanting to listen to this meeting may do so by tuning -in
live via http://laquinta.12milesout.com/video/live.
Members of the public wanting to address the Design and Development Director,
either for public comment or for a specific agenda item, or both, are requested
to send email notification to Associate Planner Sijifredo Fernandez at
SFernandez@LaQuintaCA.gov, and specify the following information:
1) Full Name 4) Public Comment or Agenda Item Number
2) City of Residence 5) Subject
3) Phone Number 6) Written or Verbal Comments
1
DIRECTOR’S HEARING September 29, 2020
SPECIAL MEETING
The email “subject line” must clearly state “Written Comments” or
“Verbal Comments.”
Verbal public comments – requests to speak must be emailed to Associate
Planner Sijifredo Fernandez at the email address provided above, no later than
1:00 p.m. on the day of the meeting; the City will facilitate the ability for a
member of the public to be audible to the Director and general public for the
item(s) requested by contacting him/her via phone and queuing him/her to
speak during the discussion.
Only one person at a time may speak by telephone and only after being
recognized by the Director.
Written public comments must be emailed to Associate Planner Fernandez at the
email address provided above no later than 1:00 p.m. on the day of the meeting.
Written public comments will be distributed to the Director, incorporated into
the agenda packet and public record of the meeting, and will not be read during
the meeting unless, upon the request of the Director, a brief summary of any
public comment is asked to be read, to the extent City staff can accommodate
such request.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
CONFIRMATION OF AGENDA
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Please email “Written Public Comments” to Associate Planner Sijifredo Fernandez
at SFernandez@LaQuintaCA.gov and limit your comments to three (3) minutes
(approximately 350 words). The Director values your comments; however, in
accordance with State law, no action shall be taken on any item not appearing
on the agenda.
PUBLIC HEARINGS
For all Public Hearings on the agenda, members of the public may appear before
the Director and be heard in support or opposition of the contemplated actions
listed below by providing “Verbal Comments” via teleconference
accommodations; requests for “Verbal Comments” must be emailed to Associate
Planner Sijifredo Fernandez at the email address provided above, no later than
1:00 p.m. on the day of the meeting; the City will facilitate the ability for a
2
DIRECTOR’S HEARING September 29, 2020
SPECIAL MEETING
member of the public to be audible to the Director and general public for the
item(s) requested by contacting him/her via phone and queuing him/her to
speak during the discussion.
A person may submit “Written Comments” to the Director before a public hearing
in support or opposition to the contemplated actions listed below. If you
challenge a project(s) in court, you may be limited to raising only those issues
you or someone else raised at the public hearing or in written correspondence
delivered to the City at or prior to the public hearing.
1. TENTATIVE TRACT MAP 37959 (TTM 2020-0007) FOR REVERSION TO
ACREAGE; APPLICANT: HARVEST REAL ESTATE; PROJECT: REQUEST FOR
REVERSION TO ACREAGE, RECOMBINING LAND WHICH PREVIOUSLY
SUBDIVIDED BELLASENO TRACT; PROJECT NAME: BELLASENO; CEQA:
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315
(CLASS 15 – MINOR LAND DIVISIONS); LOCATION: SOUTHEAST CORNER
OF AVENUE 60 AND MONROE STREET
2. TENTATIVE TRACT MAP 37960 (TTM 2020-0008) FOR REVERSION TO
ACREAGE; APPLICANT: HARVEST REAL ESTATE; PROJECT: REQUEST FOR
REVERSION TO ACREAGE, RECOMBINING LAND WHICH PREVIOUSLY
SUBDIVIDED BELLASENO TRACT; PROJECT NAME: BELLASENO; CEQA:
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315
(CLASS 15 – MINOR LAND DIVISIONS); LOCATION: NORTHEAST CORNER
OF AVENUE 61 AND MONROE STREET
ADJOURNMENT
DECLARATION OF POSTING
I, Sijifredo Fernandez, Associate Planner of the City of La Quinta, California do
hereby declare that the foregoing Agenda for the Director’s Hearing was posted
on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the
bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at
51-321 Avenida Bermudas, on September 24, 2020.
DATED: September 24, 2020
SIJIFREDO FERNANDEZ, Associate Planner
City of La Quinta, California
3
DIRECTOR’S HEARING September 29, 2020
SPECIAL MEETING
PUBLIC NOTICES
The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the Planning Division
of the Design and Development Department at 760-777-7118, twenty-four (24)
hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the Director,
arrangements should be made in advance by contacting the Planning Division of
the Design and Development Department at 760-777-7118. A one (1) week
notice is required.
If background material is to be presented to the Director during a Director’s
Hearing, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the Associate Planner for distribution. It is requested that
this take place prior to the beginning of the meeting.
Any writings or documents provided to the Director regarding any item(s) on
this agenda will be made available for public inspection at the Design and
Development Department’s counter at City Hall located at 78-495 Calle Tampico,
La Quinta, California, 92253, during normal business hours.
4
City of La Quinta
DIRECTOR’S HEARING: SEPTEMBER 29, 2020
STAFF REPORT
AGENDA TITLE: TENTATIVE TRACT MAP 37959 (TTM 2020-0007) FOR
REVERSION TO ACREAGE; APPLICANT: HARVEST REAL ESTATE; PROJECT:
REQUEST FOR REVERSION TO ACREAGE, RECOMBINING LAND WHICH
PREVIOUSLY SUBDIVIDED BELLASENO TRACT; PROJECT NAME: BELLASENO;
CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION
15315 (CLASS 15 – MINOR LAND DIVISIONS); LOCATION: SOUTHEAST
CORNER OF AVENUE 60 AND MONROE STREET
APPLICANT: HARVEST REAL ESTATE
PROPERTY OWNER: VTL PALIZADA
REQUEST: NEW TRACT MAP FOR REVERSION TO ACREAGE PURPOSES
CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15315 (CLASS 15 – MINOR LAND DIVISIONS)
LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE ST
LEGAL: APN: 764-810-001 THROUGH 079, 764-820-001 THROUGH
077, and 764-830-001 THROUGH 078
RECOMMENDATION
Approve Tentative Tract Map 37959 subject to the attached Findings and Conditions of
Approval (Attachment 1).
EXECUTIVE SUMMARY
• Tract Map 31732 was approved in 2004 for development as a single-family
residential development (Attachment 2).
• The project has not been developed and the owner is requesting a reversion to
acreage, as allowed per La Quinta Municipal Code (LQMC) Chapter 13.40
(Attachment 3).
BACKGROUND/ANALYSIS
Tract Map 31732 was approved in 2004 as the 40.4-acre northern half of the Bellaseno
single-family residential project, located on the southeast corner of Avenue 60 and
Monroe Street (Attachment 4). The southern half of the project was approved under
Tract Map 31733.
The Applicant and Owner have made a request for a reversion to acreage, which is a
PUBLIC HEARING NO. 1
5
means of recombining land which was previously subdivided. The process is used to
nullify rights and/or obligations effected by a previous subdivision of the property, in
this case, previously approved Tract Map 31732. The newly proposed map, Tentative
Tract Map 37959, is for purposes of reversion to acreage , which reverts the land into
one (1) numbered and two (2) lettered lots on the 40.4-acre site (Attachment 5).
The new tentative map would nullify rights and obligations effected by Tract Map
31732, including financial obligations being incurred by the owner. The application has
met all requirements of LQMC Chapter 13.40 Reversions to Acreage.
AGENCY AND PUBLIC REVIEW
Public Agency Review
This request was sent to all applicable City departments and outside agencies,
including the City’s Public Works Department. All written comments received are on
file and available for review with the Design and Development Department. All
applicable comments have been incorporated in the recommended Conditions of
Approval. The City of La Quinta City Engineer has reviewed and approved of the
proposal, subject to the Conditions of Approval.
Public Notice
This project was advertised in The Desert Sun newspaper on September 18, 2020 and
mailed to all property owners within 500 feet of the site. To date, no comments have
been received.
ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the proposed project is
exempt from environmental review pursuant to Section 15315 (Class 15 – Minor Land
Divisions) given that the proposal includes subdivision into four or fewer parcels.
Report prepared by: Carlos Flores, Senior Planner
Report reviewed by: Cheri Flores, Planning Manager
Attachments:
1.Findings and Conditions of Approval
2.Vicinity Map
3.LQMC Chapter 13.40
4.Tract Map 31732
5.Tentative Tract Map 37959
6
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37959
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
FINDINGS
Consistent with La Quinta Municipal Code Section 13.40.060, the following findings
can be made:
1.The dedications or offers of dedication to be vacated or abandoned by the
reversion to acreage are unnecessary for present or prospective public
purposes.
2.All owners of an interest in the real property within the subdivision have
consented to reversion.
CONDITIONS OF APPROVAL
GENERAL
1.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 Tentative
Tract 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 Tract Map 37959-R, and
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.laquintaca.gov.
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, if required:
•Riverside County Fire Marshal
•La Quinta Public Works Department (Grading Permit, Green Sheet
(Public Works Clearance) for Building Permits, Water Quality
Management Plan (WQMP) Exemption Form – Whitewater River Region,
Improvement Permit)
•Design & Development Department
•Riverside Co. Environmental Health Department
•Coachella Valley Unified School District
ATTACHMENT 1
7
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37959
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
•Coachella Valley Water District (CVWD)
•Imperial Irrigation District (IID)
•California Water Quality Control Board (CWQCB)
•State Water Resources Control Board
•SCAQMD Coachella Valley
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When these requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvement plans for City approval.
4.Coverage under the State of California Construction General 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”) and Waste Discharge Identification (WDID) number to the
City prior to the issuance of a grading or site construction permit.
5.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; the California Regional Water
Quality Control Board – Colorado River Basin Region Board Order No. R7-
2013-0011 and the State Water Resources Control Board’s Order No. 2009-
0009-DWQ and Order No. 2012-0006-DWQ.
6.Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual attorney’s fees incurred by the City Attorney
to review, negotiate and/or modify any documents or instruments required by
these conditions, if Developer requests that the City modify or revise any
documents or instruments prepared initially by the City to effect these
conditions. This obligation shall be paid in the time noted above without
deduction or offset and Developer’s failure to make such payment shall be a
material breach of the Conditions of Approval.
7.Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual consultant’s fees incurred by the City for
engineering and/or surveying consultants to review and/or modify any
documents or instruments required by this project. This obligation shall be
paid in the time noted above without deduction or offset and Developer’s
failure to make such payment shall be a material breach of the Conditions of
Approval.
PROPERTY RIGHTS
8.Prior to issuance of any permit(s), the applicant shall acquire or confer
8
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37959
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
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.
9.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.
10.When the City Engineer determines that access rights to the proposed street
rights-of-way shown on the approved Tentative Tract Map are necessary prior
to approval of the Final Map dedicating such rights-of-way, the applicant shall
grant the necessary rights-of-way within 60 days of a written request by the
City.
11.The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins on
the Final Map.
12.Direct vehicular access along Monroe Street and Avenue 60 are restricted or
as otherwise conditioned in these conditions of approval.
13.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
Tract Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
FINAL MAPS
14.Prior to the City’s approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map. The Final Map shall be 1” = 100' 40’ scale.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
“engineer,” “surveyor,” and “architect,” refer to persons currently certified or
licensed to practice their respective professions in the State of California.
15.If the City Engineer requires the applicant to prepare improvement plans, the
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.
MAINTENANCE
9
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37959
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
16.The applicant shall be responsible for the cleaning and removal of tracked out
dirt or gravel on the adjacent public right-of-way.
FEES AND DEPOSITS
17.The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits). These fees include all deposits and fees required by the
City for plan checking and construction inspection. Deposits and fee amounts
shall be those in effect when the applicant makes application for plan check
and permits.
10
ATTACHMENT 2
11
9/21/2020 Chapter 13.40 REVERSIONS TO ACREAGE
qcode.us/codes/laquinta/view.php?topic=13-13_40&showAll=1&frames=on 1/2
La Quinta Municipal Code
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Title 13 SUBDIVISION REGULATIONS
Chapter 13.40 REVERSIONS TO ACREAGE
13.40.010 Purpose.
Reversion to acreage is a means of recombining land which was previously subdivided. The process may be used to
nullify rights and/or obligations effected by a previous subdivision of the property. Reversions to acreage require a
tentative map and either a final map or a parcel map and shall comply with the provisions of Section 66499.11 of the
Government Code. (Ord. 272 § 1, 1995)
13.40.020 Applicability.
Reversion to acreage applies to the reconsolidation of previously subdivided land where:
A. A recision is sought of rights acquired or obligations incurred under a previous subdivision of the property; and
B. The parcels do not meet requirements for reconsolidation through a parcel merger or lot line adjustment. (Ord.
272 § 1, 1995)
13.40.030 Filing of reversions to acreage.
Proceedings for reversion to acreage may be initiated by motion of the city council or by petition of all of the owners
of record of the real property within the subdivision. Requests by petition shall be filed with the planning department on
an approved city application form. (Ord. 272 § 1, 1995)
13.40.040 Form of petition.
A petition by property owners for a reversion to acreage shall contain the following:
A. Adequate evidence of title to the real property within the subdivision;
B. Sufficient data to enable the city council to make all of the determinations and findings required by this chapter;
C. A final map which delineates dedications which will not be vacated and dedications which are a condition to
reversion. (Ord. 272 § 1, 1995)
13.40.050 Application materials.
Application materials for a reversion to acreage are as follows:
A. A petition as specified in Section 13.40.040;
B. The materials required in Section 13.12.050B, C, F and G; and
C. A city application form accompanied by the required filing fee. (Ord. 272 § 1, 1995)
13.40.060 Findings for approval.
A request for reversion to acreage shall be approved if the dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and one of the
following items are met:
A. All owners of an interest in the real property within the subdivision have consented to reversion; or
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; or
ATTACHMENT 3
12
9/21/2020 Chapter 13.40 REVERSIONS TO ACREAGE
qcode.us/codes/laquinta/view.php?topic=13-13_40&showAll=1&frames=on 2/2
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. (Ord. 272 § 1, 1995)
13.40.070 Conditions of approval.
A reversion to acreage request is subject to conditional approval through the tentative map review process. Conditions
will be determined on a case-by-case basis, but shall include, if appropriate;
A. Dedications or offers of dedication;
B. Retention of all previously paid fees; and
C. Retention of any portion of required improvement security or deposits made in guarantee of improvements which
are necessary despite reversion of the property to acreage. (Ord. 272 § 1, 1995)
13.40.080 Effective date of reversions.
Reversion shall be effective upon the final map being filed for record by the county recorder. Thereupon, all
dedications and offers of dedication not shown on the reversion map shall be of no further force or effect and all fees,
deposits and improvement security not retained pursuant to the provisions of this chapter shall be released. (Ord. 272 § 1,
1995)
13.40.090 Appeals.
All appeals shall be processed as provided by Chapter 13.12, Tentative Subdivision Maps. (Ord. 272 § 1, 1995)
View the mobile version.
13
ATTACHMENT 414
ATTACHMENT 5
15
City of La Quinta
DIRECTOR’S HEARING: SEPTEMBER 29, 2020
STAFF REPORT
AGENDA TITLE: TENTATIVE TRACT MAP 37960 (TTM 2020-0008) FOR
REVERSION TO ACREAGE; APPLICANT: HARVEST REAL ESTATE; PROJECT:
REQUEST FOR REVERSION TO ACREAGE, RECOMBINING LAND WHICH
PREVIOUSLY SUBDIVIDED BELLASENO TRACT; PROJECT NAME: BELLASENO;
CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION
15315 (CLASS 15 – MINOR LAND DIVISIONS); LOCATION: NORTHEAST
CORNER OF AVENUE 61 AND MONROE STREET
APPLICANT: HARVEST REAL ESTATE
PROPERTY OWNER: VTL PALIZADA
REQUEST: NEW TRACT MAP FOR REVERSION TO ACREAGE PURPOSES
CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15315 (CLASS 15 – MINOR LAND DIVISIONS)
LOCATION: NORTHEAST CORNER OF AVENUE 61 AND MONROE ST
LEGAL: APN: 764-750-001 THROUGH 069, 764-760-011 THROUGH
077
RECOMMENDATION
Approve Tentative Tract Map 37960 subject to the attached Findings and Conditions of
Approval (Attachment 1).
EXECUTIVE SUMMARY
• Tract Map 31733 was approved in 2004 for development as a single-family
residential development (Attachment 2).
• The project has not been developed and the owner is requesting a reversion to
acreage, as is allowed per La Quinta Municipal Code (LQMC) Chapter 13.40
(Attachment 3).
BACKGROUND/ANALYSIS
Tract Map 31733 was approved in 2004 as the 33.88-acre southern half of the
Bellaseno single-family residential project, located on the northeast corner of Avenue
61 and Monroe Street (Attachment 4). The northern half of the project was approved
under Tract Map 31732.
The Applicant and Owner have made a request for a reversion to acreage, which is a
PUBLIC HEARING NO. 2
16
means of recombining land which was previously subdivided. The process is used to
nullify rights and/or obligations effected by a previous subdivision of the property, in
this case, previously approved Tract Map 31733. The newly proposed map, Tentative
Tract Map 37960, is for purposes of reversion to acreage , which reverts the land into
one (1) numbered and two (2) lettered lots on the 33.88-acre site (Attachment 5).
The new tentative map would nullify rights and obligations effected by Tract Map
31732, including financial obligations being incurred by the owner. The application has
met all requirements of LQMC Chapter 13.40 Reversions to Acreage.
AGENCY AND PUBLIC REVIEW
Public Agency Review
This request was sent to all applicable City departments and outside agencies,
including the City’s Public Works Department. All written comments received are on
file and available for review with the Design and Development Department. All
applicable comments have been incorporated in the recommended Conditions of
Approval. The City of La Quinta City Engineer has reviewed and approved of the
proposal, subject to the Conditions of Approval.
Public Notice
This project was advertised in The Desert Sun newspaper on September 18, 2020 and
mailed to all property owners within 500 feet of the site. To date, no comments have
been received.
ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the proposed project is
exempt from environmental review pursuant to Section 15315 (Class 15 – Minor Land
Divisions) given that the proposal includes subdivision into four or fewer parcels.
Report prepared by: Carlos Flores, Senior Planner
Report reviewed by: Cheri Flores, Planning Manager
Attachments:
1. Findings and Conditions of Approval
2. Vicinity Map
3. LQMC Chapter 13.40
4. Tract Map 31733
5. Tentative Tract Map 37960
17
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37960
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
FINDINGS
Consistent with La Quinta Municipal Code Section 13.40.060, the following findings
can be made:
1.The dedications or offers of dedication to be vacated or abandoned by the
reversion to acreage are unnecessary for present or prospective public
purposes.
2.All owners of an interest in the real property within the subdivision have
consented to reversion.
CONDITIONS OF APPROVAL
GENERAL
1.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 Tentative
Tract 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 Tract Map 37960-R, and
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.laquintaca.gov.
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, if required:
•Riverside County Fire Marshal
•La Quinta Public Works Department (Grading Permit, Green Sheet
(Public Works Clearance) for Building Permits, Water Quality
Management Plan (WQMP) Exemption Form – Whitewater River Region,
Improvement Permit)
•Design & Development Department
•Riverside Co. Environmental Health Department
ATTACHMENT 1
18
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37960
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
•Coachella Valley Unified School District
•Coachella Valley Water District (CVWD)
•Imperial Irrigation District (IID)
•California Water Quality Control Board (CWQCB)
•State Water Resources Control Board
•SCAQMD Coachella Valley
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When these requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvement plans for City approval.
4.Coverage under the State of California Construction General 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”) and Waste Discharge Identification (WDID) number to the
City prior to the issuance of a grading or site construction permit.
5.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; the California Regional Water
Quality Control Board – Colorado River Basin Region Board Order No. R7-
2013-0011 and the State Water Resources Control Board’s Order No. 2009-
0009-DWQ and Order No. 2012-0006-DWQ.
6.Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual attorney’s fees incurred by the City Attorney
to review, negotiate and/or modify any documents or instruments required by
these conditions, if Developer requests that the City modify or revise any
documents or instruments prepared initially by the City to effect these
conditions. This obligation shall be paid in the time noted above without
deduction or offset and Developer’s failure to make such payment shall be a
material breach of the Conditions of Approval.
7.Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual consultant’s fees incurred by the City for
engineering and/or surveying consultants to review and/or modify any
documents or instruments required by this project. This obligation shall be
paid in the time noted above without deduction or offset and Developer’s
failure to make such payment shall be a material breach of the Conditions of
Approval.
PROPERTY RIGHTS
19
FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37960
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
8.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.
9.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.
10.When the City Engineer determines that access rights to the proposed street
rights-of-way shown on the approved Tentative Tract Map are necessary prior
to approval of the Final Map dedicating such rights-of-way, the applicant shall
grant the necessary rights-of-way within 60 days of a written request by the
City.
11.The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins on
the Final Map.
12.Direct vehicular access along Monroe Street and Avenue 61 are restricted or
as otherwise conditioned in these conditions of approval.
13.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
Tract Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
FINAL MAPS
14.Prior to the City’s approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map. The Final Map shall be 1” = 100' 40’ scale.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
“engineer,” “surveyor,” and “architect,” refer to persons currently certified or
licensed to practice their respective professions in the State of California.
15.If the City Engineer requires the applicant to prepare improvement plans, the
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.
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FINDINGS AND CONDITIONS OF APPROVAL
DIRECTOR’S HEARING
TENTATIVE TRACT MAP 37960
VTL PALIZADA
ADOPTED: SEPTEMBER 29, 2020
MAINTENANCE
16. The applicant shall be responsible for the cleaning and removal of tracked out
dirt or gravel on the adjacent public right-of-way.
FEES AND DEPOSITS
17. The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits). These fees include all deposits and fees required by the
City for plan checking and construction inspection. Deposits and fee amounts
shall be those in effect when the applicant makes application for plan check
and permits.
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ATTACHMENT 2
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9/21/2020 Chapter 13.40 REVERSIONS TO ACREAGE
qcode.us/codes/laquinta/view.php?topic=13-13_40&showAll=1&frames=on 1/2
La Quinta Municipal Code
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Title 13 SUBDIVISION REGULATIONS
Chapter 13.40 REVERSIONS TO ACREAGE
13.40.010 Purpose.
Reversion to acreage is a means of recombining land which was previously subdivided. The process may be used to
nullify rights and/or obligations effected by a previous subdivision of the property. Reversions to acreage require a
tentative map and either a final map or a parcel map and shall comply with the provisions of Section 66499.11 of the
Government Code. (Ord. 272 § 1, 1995)
13.40.020 Applicability.
Reversion to acreage applies to the reconsolidation of previously subdivided land where:
A. A recision is sought of rights acquired or obligations incurred under a previous subdivision of the property; and
B. The parcels do not meet requirements for reconsolidation through a parcel merger or lot line adjustment. (Ord.
272 § 1, 1995)
13.40.030 Filing of reversions to acreage.
Proceedings for reversion to acreage may be initiated by motion of the city council or by petition of all of the owners
of record of the real property within the subdivision. Requests by petition shall be filed with the planning department on
an approved city application form. (Ord. 272 § 1, 1995)
13.40.040 Form of petition.
A petition by property owners for a reversion to acreage shall contain the following:
A. Adequate evidence of title to the real property within the subdivision;
B. Sufficient data to enable the city council to make all of the determinations and findings required by this chapter;
C. A final map which delineates dedications which will not be vacated and dedications which are a condition to
reversion. (Ord. 272 § 1, 1995)
13.40.050 Application materials.
Application materials for a reversion to acreage are as follows:
A. A petition as specified in Section 13.40.040;
B. The materials required in Section 13.12.050B, C, F and G; and
C. A city application form accompanied by the required filing fee. (Ord. 272 § 1, 1995)
13.40.060 Findings for approval.
A request for reversion to acreage shall be approved if the dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and one of the
following items are met:
A. All owners of an interest in the real property within the subdivision have consented to reversion; or
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; or
ATTACHMENT 3
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9/21/2020 Chapter 13.40 REVERSIONS TO ACREAGE
qcode.us/codes/laquinta/view.php?topic=13-13_40&showAll=1&frames=on 2/2
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. (Ord. 272 § 1, 1995)
13.40.070 Conditions of approval.
A reversion to acreage request is subject to conditional approval through the tentative map review process. Conditions
will be determined on a case-by-case basis, but shall include, if appropriate;
A. Dedications or offers of dedication;
B. Retention of all previously paid fees; and
C. Retention of any portion of required improvement security or deposits made in guarantee of improvements which
are necessary despite reversion of the property to acreage. (Ord. 272 § 1, 1995)
13.40.080 Effective date of reversions.
Reversion shall be effective upon the final map being filed for record by the county recorder. Thereupon, all
dedications and offers of dedication not shown on the reversion map shall be of no further force or effect and all fees,
deposits and improvement security not retained pursuant to the provisions of this chapter shall be released. (Ord. 272 § 1,
1995)
13.40.090 Appeals.
All appeals shall be processed as provided by Chapter 13.12, Tentative Subdivision Maps. (Ord. 272 § 1, 1995)
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ATTACHMENT 425
ATTACHMENT 5
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POWER POINTS
DIRECTOR’S
HEARING
SEPTEMBER 29, 2020
Director's Hearing September 29, 2020
1
Director’s Hearing
September 29, 2020
Director’s Hearing
September 29, 2020
PH1 – TTM 37959 REVERSION TO
ACREAGE
1
2
Director's Hearing September 29, 2020
2
Background
•Tract Map 31732 was approved in
2004 as ~40 acre northern half of
Bellaseno residential project
•Project has not developed
Vicinity Map
3
4
Director's Hearing September 29, 2020
3
TTM 31732
Analysis
•Applicant has proposed reversion to
acreage
–Method of recombining land previously
subdivided
–Nullifies rights and/or obligations
5
6
Director's Hearing September 29, 2020
4
TTM 37959
Analysis
•City staff, including City Engineer,
reviewed and approved subject to
COAs
•Staff changes to staff report include
attachment labels, Attachment 1,
minor modification to condition #14
7
8
Director's Hearing September 29, 2020
5
Recommendation
•Approve Tentative Tract Map 37959 (TTM
2020-0007)
9
10
Director's Hearing September 29, 2020
6
Director’s Hearing
September 29, 2020
PH2 – TTM 37960 REVERSION TO
ACREAGE
Background
•Tract Map 31733 was approved in
2004 as ~33 acre southern half of
Bellaseno residential project
•Project has not developed
11
12
Director's Hearing September 29, 2020
7
Vicinity Map
TTM 31733
13
14
Director's Hearing September 29, 2020
8
Analysis
•Applicant has proposed reversion to
acreage
–Method of recombining land previously
subdivided
–Nullifies rights and/or obligations
TTM 37960
15
16
Director's Hearing September 29, 2020
9
Analysis
•City staff, including City Engineer,
reviewed and approved subject to
COAs
•Staff changes to staff report include
attachment labels & minor
modification to condition #14
Recommendation
•Approve Tentative Tract Map 37960 (TTM
2020-0008)
17
18
Director's Hearing September 29, 2020
10
19