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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. RESOCC. 068 1 BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02 ^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. *socC. 068 2 BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02 ^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 RESOCC. 068 3 BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02 ^D$ a * i IL' 769-O* Tc.Agf0%.4* N2 NW4 SW4 S(C 6 CALL( TAMPICO pub*Ic Itreet) I*1* 1 orth Qi 4' 4' *Pub1ic A*1eyway,;.? \\* * * L* * a ** a a U * a a I *a..*i'I''j.TTf;**;.j.*.:.a'. ix. * 73).;;; L*f a U. L* * C I Project Area ex*sti 1ott*ng pattern Area of Street Vacation CASE MAP NO CASE * STREET VACATION 93-022 Exhibit A SCALE: nts BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02 ^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 BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02 ^D$ 51st AVENU* U) 3252*S4* DES*RT CY\UB I*ACT N14?.42;031.;: *46.N 3 0.* 21 1 60 IJe,'* I 5* 50 * I N B9*51 3Q*E *O3.OC I PARCEL iIuiB#i:;:pi*o:o*I It *o: l4*6I 14. L * I 1142:4N48:42;.;y7 4 N * AVENIDA LA *FONDA * Exhibit C BIB] 08-14-1998-U01 09:26:37AM-U01 ADMIN-U01 CCRES-U02 93-U02 16-U02