CC Resolution 2020-032 DWCG-1 - Dune Palms Bridge Clarification
RESOLUTION NO. 2020 – 032
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
RESOLUTION NO. 2019-039 TO CLARIFY
DESCRIPTIONS REGARDING THE DUNE PALMS
BRIDGE PROJECT
PROJECT: DUNE PALMS BRIDGE
NO. 2011-05 / 111205
APN: 600-030-018
WHEREAS, the City of La Quinta is attempting to acquire portions of
property located at 46400 Dune Palms Road for the purposes of making public
roadway improvements pursuant to the circulation element of the General
Plan of the City of La Quinta; and
WHEREAS, on September 17, 2019, after no less than fifteen (15) days
written notice to the owners of the Property referenced above, and more
specifically described in the legal descriptions and plat maps attached hereto
as Exhibits 1-6, which legal descriptions and plat maps are incorporated
herein by reference (“Property”), the City Council of the City of La Quinta held
a hearing for the purposes of allowing the record owners and occupants of
such property reasonable opportunity to appear and be heard regarding the
City's identification of the “Project” as the Dune Palms Bridge Project
(“Project”), and on the following matters:
A. Whether the public interest and necessity require the project;
B. Whether the Project is planned or located in a manner which is
most compatible with the greatest public good and the least
private injury;
C. Whether the Property proposed to be acquired is necessary for the
Project;
D. Whether the offer required by Government Code § 7267.2 had
been given to the owners of record; and
E. Whether the City had properly exercised all of its statutory
responsibilities and duties antecedent to the exercise of eminent
domain against the Property including environmental review
under NEPA and CEQA; and
WHEREAS, the City Council, as a result of such hearing, determined
that the public health, safety and welfare required that the City acquire the
Resolution No. 2020-032
Dune Palms Bridge Project – Amendment to Resolution of Necessity No. 2019-039; APN: 600-030-018
Adopted: September 15, 2020
Page 2 of 6
Property more particularly described herein for the purposes of the Project;
and passed its Resolution No. 2019-039. Thereafter, the City filed an action
in the Riverside County Superior Court entitled City of La Quinta v. DWCG1,
LLC, et al. RCSC Case No. PSC 1909315 (“Action”); and
WHEREAS, the City Council wishes to amend Resolution No. 2019-039,
not to alter any portion of or property interests legally described therein, but
to clarify statements made in Resolution No. 2019-039 relating to the
relationship of the Project as described therein to the ultimate right of way for
Dune Palms Road, and to specify the roadway widths of the Project as it abuts
Assessor Parcel No. 600-030-018 from which those acquisitions are proposed;
and to clarify the scope of the permanent roadway easement acquired; and
WHEREAS, on September 15, 2020, after no less than fifteen (15) days
written notice to the owners of the Property referenced above, and more
specifically described in the legal descriptions and plat maps attached hereto
as Exhibits 1-6, which legal descriptions and plat maps are incorporated
herein by reference (“Property”), the City Council of the City of La Quinta held
a hearing for the purposes of allowing the record owners and occupants of
such property reasonable opportunity to appear and be heard regarding
amendments to Resolution No. 2019-039, clarifying descriptions of the Project
as it varies in different locations, and clarifying that the Project is not intended,
and does not, preclude reserved pedestrian and vehicular access of the
adjacent property to Dune Palms Road; and
WHEREAS, the Project for which the Property to be acquired is sought
has previously been reviewed under applicable environmental review
procedures, including the Mitigated Negative Declaration (“MND”), EA 2017-
0013, approved on February 14, 2018, in accordance with the California
Environmental Quality Act (“CEQA”) and a National Environmental Policy Act
(“NEPA”) Categorical Exclusion, approved by the Federal Highway
Administration (“FHWA”) on January 17, 2018; and
WHEREAS, the City of La Quinta is authorized to acquire the Property
under authority of its own charter, and Government Code §§ 37350.5 and
40404.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, that the City Council does hereby amend Resolution
No. 2019-039, as follows:
SECTION 1. SECTION 1 of Resolution No. 2019-039 is hereby amended
to read as follows:
Resolution No. 2020-032
Dune Palms Bridge Project – Amendment to Resolution of Necessity No. 2019-039; APN: 600-030-018
Adopted: September 15, 2020
Page 3 of 6
The project for which the property is being acquired is the Dune Palms Bridge
Project, a project to replace the existing low water crossing with an all-weather
access bridge on Dune Palms Road at the Coachella Valley Storm Water
Channel (“channel”). The Project will improve Dune Palms Road to
accommodate four through lanes, a bike lane and sidewalk south of the
channel, and to its General Plan designated roadway and ultimate right of way
width north of the channel. North of the channel, the final configuration of the
roadway will consist of 72 feet curb-to-curb of street, with two 11-foot travel
lanes in both directions, a 12-foot wide raised median, an 8-foot bicycle/golf
cart lane along each side of the road (adjacent to the curb), and a 6-foot
sidewalk to allow for two lanes of travel along Dune Palms Road in either
direction and provide other streetscape improvements. South of the channel,
and adjacent to Assessor Parcel no. 600-030-018, the roadway configuration
will consist of a 67 feet to 72 feet curb to curb street section, with two 11-foot
travel lanes in both directions, a 12-foot wide median, a northbound
bicycle/golf cart lane (adjacent to the curb), and a 5-foot sidewalk.
SECTION 2. SECTION 2, Subsection (1) of Resolution No. 2019-039 is
hereby amended to read as follows:
(1) a permanent roadway and public utilities easement over approximately
9,926 square feet, as more specifically described in Exhibit 1 hereto, and
depicted in Exhibit 2 hereto, as follows:
A perpetual exclusive easement for public right-of-way, street,
drainage, pedestrian and utility purposes, including all use of the
permanent roadway and public utilities easement area for
purposes incident to public right-of-way use, including but not
limited to the construction, maintenance, and operation of a
roadway, or other transportation facilities, underground and
above ground utilities and appurtenances, cable communication
or telecommunication facilities; directional, street identification,
or roadway informational signage; traffic control devices; curbs;
gutters; sidewalks; drainage and sewage facilities; and
transportation facilities such as bus bays, benches, bus or train
stops, bicycle pathways, or facilities for railway or other public
transportation vehicles or manners of conveyance. Such
easement reserves to the owner of the servient tenement
abutter’s rights to vehicular and pedestrian access to and from
any abutting public roadway or street as may be otherwise
permissible under, and consistent with, all applicable zoning or
engineering standards.
Resolution No. 2020-032
Dune Palms Bridge Project – Amendment to Resolution of Necessity No. 2019-039; APN: 600-030-018
Adopted: September 15, 2020
Page 4 of 6
SECTION 3. SECTION 2, Subsection (2) of Resolution No. 2019-039 is
hereby amended to read as follows:
(2) a non-exclusive permanent slope easement over approximately 2,848
square feet of the property, more specifically described in Exhibit 3, and
depicted in Exhibit 4 hereto, as follows:
The slope easement is a permanent, nonexclusive easement
allowing the holder thereof to place, maintain, landscape, irrigate,
grade, protect, and utilize slopes on and over the property more
specifically described and depicted in Exhibit 3 and 4 hereto
(“slope easement area”), for the purposes of providing and
maintaining lateral and subjacent support of bridge, roadway, and
related improvements to be constructed consistent with the
approved construction plans for the Dune Palms Bridge Project
(“Project’). The holder of the slope easement shall access the
slope easement area only from adjacent public rights of way, shall
limit all construction, maintenance, or grading activity to the slope
easement area, and except in cases of emergency posing an
immediate threat to public health and safety, shall provide not
less than seventy two (72) hours’ notice to the owner of the
underlying property of any entry for any construction,
maintenance, or grading activity on the slope easement area.
Such easement reserves to the owner the right to pedestrian or
vehicular access to and from any abutting public roadway or
street, as may be otherwise permissible under, and consistent
with, all applicable zoning or engineering standards, and not in
conflict with the slope easement improvements to be constructed
by the Project.
SECTION 4. SECTION 4 of Resolution No. 2019-039 is hereby amended
to read as follows:
The Project is located in a manner most compatible with the greatest public
good and least private injury, in that the design of the roadway widening must
of necessity occupy land which is immediately adjacent to the existing
roadway, in order to maintain the continuity of the alignment of the road for
all users. The Project is designed in a manner compatible with the greatest
public good, in that the Project will involve improvements to allow, north of
the channel, for two lanes of travel along Dune Palms Road in either direction,
and provide other streetscape improvements, in addition to constructing a low
water crossing over the channel at Dune Palms Road. In addition to enhanced
RESOLUTION NO. 2020-032
EXHIBIT 1
ADOPTED: SEPTEMBER 15, 2020
RESOLUTION NO. 2020-032
EXHIBIT 1
ADOPTED: SEPTEMBER 15, 2020
RESOLUTION NO. 2020-032
EXHIBIT 2
ADOPTED: SEPTEMBER 15, 2020
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EXHIBIT 3
ADOPTED: SEPTEMBER 15, 2020
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EXHIBIT 3
ADOPTED: SEPTEMBER 15, 2020
RESOLUTION NO. 2020-032
EXHIBIT 4
ADOPTED: SEPTEMBER 15, 2020
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EXHIBIT 5
ADOPTED: SEPTEMBER 15, 2020
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EXHIBIT 5
ADOPTED: SEPTEMBER 15, 2020
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EXHIBIT 6
ADOPTED: SEPTEMBER 15, 2020