CC Resolution 2023-033 Dune Palms Final PM 38668 - Conditional ApprovalRESOLUTION NO. 2023 — 033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL
APPROVAL OF FINAL TRACT MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT ASSOCIATED WITH
PARCEL MAP NO. 38668 AND AUTHORIZING A TIME
EXTENSION FOR SATISFACTORY COMPLETION OF
THE CONDITIONAL REQUIREMENTS TO VALIDATE THE
APPROVAL
WHEREAS, Tentative Parcel Map No. 38668 was approved by the Planning
Commission at a duly noticed public hearing held on August 22, 2023, via Planning
Commission Resolution No. 2023-015, as permitted under the Subdivision Map Act,
subject to conditions of approval; and
WHEREAS, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished; thus,
yielding to the subdivider additional production time for preparation of those items; and
WHEREAS, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it is
reasonable to expect the subdivider to satisfactorily complete the items, including City
staff review time, within thirty (30) days without adversely impacting other ongoing work
commitments of City staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The Final Parcel Map No. 38668 is conditionally approved provided
the subdivider submits all required item(s) on or before October 19, 2023.
Resolution No. 2023-033
Conditional Approval of Final Parcel Map No. 38668; Dune Palms Mixed -Used Project
Adopted: September 19, 2023
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SECTION 2. The City Council's approval of the final map shall not be considered
valid until the City Engineer has signed the map indicating that it conforms to the
tentative tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until
the subdivider has completed the following requirement and any other requirements not
expressly described here to the City Engineer's satisfaction:
A. Finalize the final tract map and obtain all necessary signatures.
B. Submit performance and labor and materials securities for Subdivision
Improvement Agreement.
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title
page, along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
October 19, 2023. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Subdivision
Map Act to resubmit the final map for approval, or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of September 2023, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No 2023-033
Conditional Approval of Final Parcel Map No. 38668; Dune Palms Mixed -Used Project
Adopted: September 19, 2023
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ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California