CC Resolution 1993-016^D$ RESOL*ON 93-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA VAC*NG
AVENIDA BUENA VENTURA A 50-FOOT WIDE
PUBLIC STREET) AND A PUBLIC ALLEY BETWEEN
AVENIDA BERMUDAS AND DESERT CLUB DRIVE.
CASE NO: STREET VAC*ON 93-022
APPLICANT: NCR ASSOCIATES
WHEREAS, the City Council did adopt its Resolution 93-009 declaring its
intention to vacate Avenida Buena Ventura and a public alley pursuant to the Public Streets,
Highways and Service Easement Vacation Law; and,
WHEREAS, said Resolution 93-009 fixed March 2,1993, at the hour of 7:00
P.M. in the La Quinta City Hall Council Chambers as the time and place for hearing all persons
interested in or objecting to the proposed vacation; and,
WHEREAS, a Notice of Public Hearing was posted in the time and manner
provided by law along said portions of the streets to be vacated in the time and manner provided
by law; and,
WHEREAS, the Planning Commission has determined that the vacation of said
street is not in conflict with the Infrastructure Element or other policies of the General Plan and
the adopted downtown Village Specific Plan. The Planning Commission discussed the
application on January 26, 1993; and,
WHEREAS, the City Council has conducted its required public hearing and, upon
hearing and considering all testimony and arguments of all interested persons desiring to be
heard, did find the following facts to exist to justify the approval of said street vacation:
1. The vacation of the existing 50-feet wide public right-of-way and 2O*foot public alley
between Avenida Bermudas and Desert Club Drive will not adversely affect the City or
impact the City's General Plan.
2. The right-of-way easement is no longer necessary because the property owner anticipates
merging the parcel to form large parcels to spur economic development of the site,
therefore making these public casements not necessary for public travel.
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^D$3. The vacation of said property will not affect the Downtown Village Specific Plan since
Avenida Buena Ventura was designated as a problem street.
4. No local public agency submitted objections to the request based on Staff's January 5,
1993 transmittal provided provisions are made to retain private easements for their
existing facilities and for service access in the abandoned alley.
5. Approval of the proposed vacation will not cause a significant impact on the
environment.
6. Street dedications for the perimeter streets surrounding the project site are needed at this
time to assist the City in its need to improve the downtown through a future improvement
district for this area.
NOW, ThEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California as follows:
SECTION 1: The City Council of the City of La Quinta, having elected to
proceed under the provisions of Division 9, Part 3, Chapter 2 of the Streets and Highways Code
of the State of California, and having held a public hearing as provided therein, hereby finds
from all evidence submitted that the local streets described in this Resolution are unnecessary
for the present or prospective purposes and that the public interest.
SECTION 2: The City Council hereby orders the vacation of the public road
easements described as follows in the attached exhibits A, B & C).
SE*ON 3: The City Council hereby determines that the vacation of the public
right-of-way described herein is required by public interest, convenience, safety and welfare.
SECTION 4: The City Council hereby determines that the vacation request will
not cause significant environmental impact.
SECTION 5: The Resolution is valid and shall be recorded once all Conditions
have been met.
SE*ON 6: The City Council hereby determines that the City Clerk is hereby
authorized and directed to record a certified copy of this Resolution in the office of the County
Recorder of Riverside County once all Conditions have been met.
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^D$ PASSED, APPROVED, AND ADOPTED at a regular meefing of the la Quinta
F City Council held on this 2nd day of March, 1993, by the fotlowing vote, to wit:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff &
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City 0 Quinta, California
City of La Quinta, California
APPROVED AS TO FORM
A
DAWN HONEYWELL, City Attorney
City of La Quinta, California
p
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^D$ a * i IL'
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Project Area ex*sti 1ott*ng pattern
Area of Street Vacation
CASE MAP
NO
CASE * STREET VACATION 93-022
Exhibit A SCALE: nts
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^D$ EXHIBIT B
STREET VACATION 93-022
NCR ASSOCIATES
CONDITIONS OF APPROVAL
1. Prior to recordation of the vacation with the County of Riverside, the
applicant shall dedicate public street right of way and utility easement* in
conformance with the city!5 General Plan, Municipal Code, applicable specific
plans, and as required by the City Engineer.
Dedications required of this tract include sufficient right of way to result in
the following total half widths:
a. Avenida Bermudas 32-feet
b. Desert Club Drive 32-feet
c. Calle Tampico 50-feet
d. Avenida La Fonda 50-feet
Street right of way geometry for corner cut-backs shall conform with
Riverside county Standard Drawing #805 unless otherwise approved by the
F
City Engineer.
2. Prior to recordation of the vacation with the County of Riverside, the
applicant shall dedicated an access easement to the north end of the parcel
currently occupied by the La Quinta Arts Foundation. The easement shall
meet the requirements of Waste Management of the Desert and the City
Engineer. Waste Management contact: Alex Praicovich, Operations Manager
619-340-2113.
If the permanent access easement does not have sufficient improvements to be
operational for waste pickup, the Applicant shall provide a temporary
easement along the current access route until such time that the permanent
easement may be used for all-weather access.
3. All in-place public utility facilities that are in use and benefit the public shall
be reserved in order to permit each utility company the availability to
maintain, replace, remove, or renew their equipment per Section 8340(c) of
the existing Streets & Highways Code.
4. A private 20-foot wide easement shall be reserved on Avenida Buena Ventura
to provide secondary legal access to each lot prior to the street vacation being
recorded. The easement can be abandoned in the future provided the parcels
F are adjusted into larger units per Exhibit C.
DOCGT.002
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^D$ 51st AVENU*
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Exhibit C
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