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CC Resolution 2002-057 RESOLUTION NO. 2002-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A REVISED RESIDENTIAL SUBDIVISION OF 130 SINGLE-FAMILY LOTS AND OTHER STREET, PUBLIC UTILITY AND COMMON LOTS ON APPROXIMATELY 38.4 ACRES LOCATED AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET CASE: TENTATIVE TRACT MAP 30092, AMENDMENT #1 APPLICANT: BARTON PROPERTIES, INC. (CIO STEVEN SELINGER) WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day of February, 2002, the 5TM day of March, 2002, and the 16TM day of April, 2002, hold duly noticed Public Hearings to consider a request by Barton Properties, to amend a previously approved tentative map to allow for 130 single family homes and other miscellaneous common/utility lots on approximately 38.4 acres located at the northwest corner of Avenue 58 and Monroe Street; and WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of July, 2001, approve Tentative Tract Map 30092, a single family development of 97 lots and other miscellaneous common lots by adoption of Resolution 2001-92; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11TM day of December, 2001, and 8~ day of January, 2002, hold duly noticed Public Hearings to consider Tentative Tract Map 30092 (Amendment #1), and adopted Resolution 2002-005 recommending approval to the City Council, more particularly described as: APN: 761-720-020; SW1/4 of Section 22, T6S, R7E, SBBM WHEREAS, on February 5, 2002, the City Council requested design changes be made to the proposed subdivision map application, including the addition of curvilinear streets, on-street parking, and internal open space; and WHEREAS, as of April 16, 2002, the Applicant has refused to make such revisions; and WHEREAS, on March 4, 2002, the Community Development Department received a letter from Charles E. Fausel and Norma J. Fausel, who identify themselves at the owners of the subject property, requesting that the City Council not take action on the proposed project and informing the City that they do not consent to the processing of Amendment #1; and Resolution No. 2002-57 TTM 30092 / Barton Properties Adopted: April 16, 2002 Page 2 WHEREAS, sectio~ 13.12.130 of the City's Municipal Code requires that proposed maps and the design or improvements of proposed subdivisions be consistent with the City's General Plan; and WHEREAS, section 13.12.050 of the City's Municipal Code, established pursuant to California Government Code section 65940, requires that applicants submit, as part of the required application materials for obtaining tentative maps, a preliminary title report and a tentative map application form signed by the property owner; and WHEREAS, section 9.200.100 of the City's Municipal Code requires that amendments to an application for projects be processed in the same manner as original applications; and WHEREAS, on March 18, 2002, the Community Development Director sent a letter to the applicant, Barton Properties, pursuant to California Government Code section 65944, requesting supplemental and corrected information on the project, including a preliminary title report and the owners' signature; and WHEREAS, on March 18, 2002, the applicant, Barton Properties, responded to the letter and indicated that it would not provide the corrected or supplemental information; and WHEREAS, on April 9, 2002, the Community Development Director sent a second letter to the applicant, Barton Properties, pursuant to California Government Code section 65944, again requesting supplemental and corrected information on the project, namely the signatures of property owners Charles E. Fausel and Norma J. Fausel on the application form for the amendment to the tentative map; and WHEREAS, the Applicant, Barton Properties has made no response to the letter; and WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the following facts exist which justify denial of Tentative Tract Map Amendment pursuant to Government Code Sections 65943 and 65944(a)- Resolution No. 2002-57 TTM 30092 / Barton Properties Adopted: April 16, 2002 Page 3 1. That increasing the number of permitted dwelling units from 97 to 130 and the overall layout of the revised project is not consistent with the goal of the Housing Element of the City's General Plan to promote a Iow density character for its residential neighborhoods. 2. That increasing the number of permitted dwelling units from 97 to 130 in this location and as depicted on the revised map is contrary to the City's Housing Vision Statement, which states that while the City is to · facilitate and encourage new housing, it must preserve the overall Iow density character of the City. 3. That increasing the number of permitted dwelling units from 97 to 130 is not consistent with the City's Land Use Plan, which is intended to promote significant new growth in the City where such growth is not at the expense of the unique quality of life and community character that the City embodies, inasmuch as the revised map does not reflect the unique quality of life and community character of the surrounding area. 4. That the increased density, lot design, and subdivision layout associated with Amendment //1 is not consistent with the Land Use Vision Statement in the City's General Plan, which focuses on the facilitation and integration of development, through desirable character and sensitive design residential neighborhoods to enhance the existing high quality of life. 5. That according to the City's policies for found in the Housing Element of the City's General Plan, the City is to provide for new housing, which will ensure the development of attractive and functional residential neighborhoods, and while the original subdivision proposal of 97 lots is consistent with this policy, the proposed increase in the number of lots, their configuration, and the configuration of the subdivision is not consistent with this policy in that the neighborhood will neither be attractive nor functional. 6. That under the City's policy for parks and recreation development, found in the City's General Plan, the City's goal is to provide three (3) acres of park land per 1,000 residents, and Amendment //1 provides virtually no usable open space within the tract, and provides solely for parkland elsewhere. Resolution No. 2002-57 TTM 30092 / Barton Properties Adopted: April 16, 2002 Page 4 7. That the tentative map Amendment// 1 as submitted by applicant fails to provide for adequate open space and recreational areas for its new residents. 8. That according to City's policies for park and recreation development, the applicant cannot use the area it has reserved for storm water , retention to meet the park and recreation area requirements, and therefore Lot No. 131 does not satisfy the need for on-site recreational areas or open space. 9. That the increase of 33 lots pursuant to Amendment //1 is not consistent with the City's newly adopted General Plan residential policy, which is to encourage the preservation of neighborhood character and assure a consistent and compatible residential land use pattern, given the layout and design of the revised map. 10. That the increase of 33 lots pursuant to Amendment //1 is also inconsistent with the newly adopted General Plan policy of encouraging the preservation of open space in privately owned development projects. 11. That the proposed development provides no on-street parking for residents living in cul-de-sacs and will therefore cause a negative impact on nearby streets. 12. That the application that was submitted to the Community Development Department on October 17, 2001, did not include a preliminary title report or property owner authorization. 13. That Section 13.12.050, subparagraph (A) of the Subdivision Ordinance requires a subdivision map application form to be completed, including a signature by the property owner of record. 14. That correspondence from the property owners indicates that the applicant does not have authorization to proceed with the development application. 15. That Section 13.12.050, subparagraph (F) requires the applicant to submit a preliminary title report prepared and dated no more than ninety days prior to submission of the application. Resolution No. 2002-57 TTM 30092 / Barton Properties Adopted: April 16, 2002 Page 5 16. That applicant has communicated that it is not willing to submit a preliminary title report with the development application. 17. That written requests by the Community Development Department to the applicant to have the application form completed have been met with resistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case. 2. The City Council denies the application as submitted based on the findings stated herein. 3. Based upon the facts stated herein and in the record, the City is unable to find that the proposed map is consistent with the City's general plan, and instead finds that the proposed map is inconsistent with the general plan. 4. Based upon the facts stated herein and in the record, the City is unable to find that the design and improvements of the proposed subdivision are inconsistent with the City's general plan. 5. Based upon the facts stated herein and in the record, the City finds that the design of the improvements, including the lack of open space, parking, and recreational amenities, will cause an adverse impact upon the surrounding area, as residents will not be able to satisfy their recreational needs on-site and in some cases will not be able to park in front of their homes, causing impacts to the community in the vicinity. 6. Pursuant to Government Code Section 65956(c), the applicant's failure to submit complete or adequate information pursuant to Sections 65943 and 65944 are grounds for disapproval, and the applicant has failed to submit said information. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 6th day of April, 2002, by the following vote, to wit: Resolution No. 2002-57 TTM 30092 / Barton Properties Adopted: April 16, 2002 Page 6 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES' None ABSENT: None ABSTAIN' None (~,OtyH NofJl~ ~t ~ornia ATTEST' J~. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: City of La Oui