CC Resolution 1996-083^ M RESOLUTION 96-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
VACATING A PORTION OF AN OFFER OF PUBLIC UTILITY AND DRAINAGE EASEMENT
DEDICATION IN TRACT MAP NO.21176.
Street Vacation No.96-032
WHEREAS, the City Council of the City of La Quinta did adopt Resolution 96-69,
declaring its intention to vacate a portion of an offer of public utility and drainage easement
dedication within Tract Map No.21176, and setting the date of October 15, 1996, at the
hour of 7:00 P.M., in the La Quinta Civic Center Council Chambers as the date, time, and
place for the hearing of all persons interested in presenting their views and testimony in
regard to the proposed vacation; and,
WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and
Service Easement Vacation Law, due notice of the Public Hearing was given by publication
and posting in the time and manner prescribed by law; and,
WHEREAS, following its discussion of the street vacation application on August 1 3,
1 996, the Planning Commission of the City of La Quinta has determined that the vacation
of portions of said easement offered for dedication is not in conflict with the Infrastructure
Element or other policies of the General Plan of the City of La Quinta; and,
WHEREAS, the City Council of the City of La Quinta has conducted the required public
hearing upon due notice and, upon hearing and considering all testimony and arguments of
all interested parties and persons desiring to be heard, did find the facts to exist justifying the
approval and adoption of said public utility and drainage easement vacation, as follows:
1. Vacation of the subject portions of the public utility and drainage easement offered for
dedication will not adversely affect the City of La Quinta or adversely impact the
Circulation Element of the City of La Quinta General Plan.
2. The affected portions of the public utility and drainage easement offered for dedication
are unnecessary for either present or prospective public use or purposes, including use
as non-motorized transportation facilities.
3. Approval and adoption of the proposed public utility and drainage easement vacation
will not cause a significant negative impact upon the environment.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council, having elected to proceed under the provisions of
Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State
of California, and having held a public hearing upon due notice as provided therein, hereby
finds from all evidence submitted that the easterly ten feet of the twenty-foot-wide offer of
public utility and drainage easement dedication, located along the west and northwest sides
of Tract Map No.21176, is unnecessary for either present or prospective public use or
purposes, including use as non-motorized transportation facilities.
SECTION 2. The City Council hereby orders the vacation of the easterly ten feet of
the twenty-foot-wide offer of public utility and drainage easement dedication, located along
the west and northwest sides of Tract Map No.21176, subject to the following conditions:
1. Prior to recordation of this Resolution of Vacation, the Homeowners Association HOA)
shall record revisions to the tract's Covenants, Conditions, and Restrictions CC&R's)
which:
A. Hold owners of individual lots bordering the west boundary responsible for storm
water falling on the lots during the 24-hour peak period of a 100-year storm.
B. Require that currently undeveloped lots bordering the west boundary of the
subdivision Lots No.1, 2, 4, 5, 8, 9, and 10), at the time of their development,
be provided with on-site retainage of all storm water falling on the lots during a
100-year, 24-hour storm. To comply with this provision, the owner of each of
these lots shall, at the time the lot is developed:
i. Construct an individual, on-site retention basin prior to final inspection and
occupancy of any buildings on the lots. The basin shall be designed by a
registered civil engineer and constructed according to plans which are approved
by the City Engineer. The owner shall be responsible for the costs of City plan
checking and of grading permits for construction of the basin improvements;
ii. Maintain the basin in perpetuity or until alternate provisions for drainage,
approved by the City and the HOA, are in place and functional;
iii. At the time the basin is constructed, grant the HOA and the City irrevocable
rights to enter and maintain the basin in the event that the individual lot owner
fails to maintain the required capacity; and
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iv. Reimburse any costs incurred by the HOA or the City in reconstructing and/or
maintaining the basin in the event that the individual lot owner fails to maintain
the required retention capacity.
C. Obligate the HOA to maintain, within the tract, the cumulative retention capacity
of all basins constructed and, if the HOA neglects to maintain the required capacity
despite written notice from the City, to reimburse the City for costs incurred in
restoring or maintaining overall retention capacity or in expanding downstream
facilities to mitigate actual or potential off-site effects of the failure to maintain the
cumulative retention capacity.
D. Provide that the City shall be considered a third party beneficiary to the CC&R's for
purposes of enforcing these requirements or any other requirement necessary to
meet City standards.
SECTION 3. The City Council hereby determines that adoption of the vacation will
cause no significant negative environmental impact.
SECTION 4. The City Council hereby determines and orders 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, California.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1 5th day of October, 1 996, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None *&j/4
GLENDA L. HOLT, Mayor
City of La Quinta, California
ATTEST: APPROVED AS TO FORM:
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SAUNDRA L. JUHO City Clerk DAWN C. HONEYWELL', City Attorney
City of La Quinta, California City of La Quinta, California
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