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CC Resolution 2014-007RESOLUTION NO 2014 - 007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE MAP 36539-R, A REVERSION TO ACREAGE TO CONSOLIDATE PARCEL MAP 29052 CASE NO.: REVERSION TO ACREAGE RA 12-006 (36539-R) APPLICANT: BLP DESERT, LP AND BL 2, LP WHEREAS, the City Council of the City of La Quinta, California, did on the 18' day of February 2014, hold a duly noticed Public Hearing to consider the request of BLP Desert, LP and BL 2, LP, a Reversion to Acreage to consolidate the land within Parcel Map 29052 by means of Tentative Map 36539-R, generally located at the northwest corner of Jefferson Street and Avenue 50, more particularly described as: PARCEL MAP 29052 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14" of January 2015, adopt Planning Commission Resolution 2014-001, recommending to the La Quinta City Council approval of Tentative Parcel Map 36539-R, a Reversion to Acreage (2012-006) of Parcel Map 29052; and, WHEREAS, said Reversion to Acreage has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Division has determined that the proposed Reversion to Acreage is exempt from CEQA review under Guidelines Section 15305 (Minor Alterations in Land Use Limitations); and, WHEREAS, the Public Works Department published the public hearing notice in The Desert Sun newspaper on the 7" day of February 2014, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, upon hearing and considering the staff report, staff presentation, all project exhibits, and testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Reversion to Acreage: Finding A — All owners of an interest in the real property within the subdivision have consented to reversion. Resolution No. 2014-007 Reversion to Acreage / Tentative Map 36539-R BLP Desert, LP and BL 2, LP February 18, 2014 Page 2 of 3 The property owner, BLP Desert, LP and BL 2, LP are the sole owners of the real property in question and have requested this reversion to acreage. Finding 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. Parcel Map 29052 was recorded by the County of Riverside on the 13t" day of December, 1999. The applicant has not made any of the required improvements under Parcel Map 29052. Finding 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. BLP Desert, LP and BL 2, LP are the sole owners of the properties of Parcel Map 29052. Finding D — The dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes. No necessary prior dedications will be abandoned by the reversion to acreage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case; SECTION 2. That the City Council does hereby grant approval of Tentative Map 36539-R, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. Resolution No. 2014-007 Reversion to Acreage / Tentative Map 36539-R BLP Desert, LP and BL 2, LP February 18, 2014 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of February 2014, by the following vote: AYES: Council Member Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOOPH, M City of La Quinta ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS,TO FORM: M!KATHERINE JENSgN, City Attorney City of La Quinta, Cal rnia RESOLUTION NO. 2014 - 007 CONDITIONS OF APPROVAL REVERSION TO ACREAGE RA 2012-006 TENTATIVE MAP 36539-R BLP DESERT, LP AND BL2, LP FEBRUARY 18, 2014 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 Reversion to Acreage with associated Tentative Parcel 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 with associated Tentative Parcel Map 36539-R, and any 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.la-guinta.org. 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: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) Resolution 2014-007 Conditions Of Approval Reversion to Acreage RA 2012-006 Tentative Map No. 36539-R UP Desert, LP and BL 2, LP February 18, 2014 • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City'approval. A project -specific NPDES construction 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"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 11 Temporary Soil Stabilization (erosion control). Resolution 2014-007 Conditions Of Approval Reversion to Acreage RA 2012-006 Tentative Map No. 36539-R BLP Desert, LP and BL 2, LP February 18, 2014 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. 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. 6. 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. 7. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, and drainage basins on the Final Map. 8. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. Resolution 2014-007 Conditions Of Approval Reversion to Acreage RA 2012-006 Tentative Map No. 36539-R BLP Desert, LP and BL 2, LP February 18, 2014 9. 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 Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL PARCEL MAP 10. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 11. If the City Engineer requires the developer 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. 12. If the City Engineer requires the developer to prepare improvement plans, the applicant shall furnish a complete set of the mylars of all approved improvement plans. DRAINAGE 13. Stormwater handling shall be approved by the City Engineer to conform with the approved hydrology and drainage reports associated with the Grading Plan for this Reversion to Acreage and Tentative Parcel Map 36539-R. MAINTENANCE 14. The applicant shall be responsible for the cleaning and removal of tracked out gravel and dirt on the adjacent public rights -of -way.