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VAR 1993-023CITY OF QUINTA PLANNING & DEVELOPMENT DEPARTMENT 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 Instructions to Applicant Filing Procedure The applicant shall submit the following items: 1. A completed application form. 2. Six (6) copies of sealed plans illustrating the specifics of the request. 3. Three (3) sets of mailing labels indicating the names and mailing addresses of property owners within 300 feet of the exterior limits of the property involved in this pro- posed project, one (1) photocopy of the above list, and one (1) set of assessor's maps indicating the above property. 4. The planning fee as established by the Municipal Ordinance. Procedure By City Upon receiving a complete application package, the City will process and review the case as follows: 1. The application will be reviewed for adequacy and a determination is made whether an Environmental Impact Report (EIR) is required. 2. If an EIR ie required, the applicant vill be ao notified end a Draft Environmental Impact Report must be submitted by the applicant. Additional fees are required for EIR'e. 3. If an EIR is not necessary, or if one ie filed when required, a date for Planning Commission review will be set. The Planning Commission holds Public Hearings on the second Tuesday of each month, beginning at 7:00 p.a. in the Council Chambers, 78-105 Calle Estado. 4. When processing the application, the Planning Commission will consider such factors as: a. Purpose of a Variance. °The purpose of the variance is to allow variation from the strict application of the terms of this chapter whereby reason of topography, extraordinary situation or condition of such piece of property, the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this chapter.: b. Provisions for Granting a Variance. 'The Planning Commission may grant a variance providing that it finds: (1). No special privilege is extended to one individual property owner, i.e., the circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstance; and, (2) The granting of the variance will not be injurious to public welfare, nor to property in the vicinity of the application; and, The variance shall be in harmony with the general purpose and intent of the zoning ordinance and general plan; and, (4) A variance, if approved, shall be made subject to such conditions as are necessary to accomplish the purpose of these regulations; and, In no event shall a variance be issued to allow a use not otherwise permitted in a done." (3) (5) • CITY Ot __ QUINTA PLANNING 4 DEVELOPMENT DEPARTMENT 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 Case No.---(,,, o.-(3O�3 Date Received/6 -.(, -R3 APPLICATION FOR A VARIANCE Applicant: 64okr., • Address: ''� - C53r, �%� 6- Sas;Yip. Phone No. 614 ' 3 (City) (State) (Zip) Property Owner: (City) Description of Request: (State) (Zip) Phone No. 656 Purpose of Request: Project Location: t,g-"L '�, bKQ "T , to Assessor's Parcel No. Existing Land Use: Existing Zoning Related Cases: Legal Description of Property: (May be attached) Justification: State the exceptional or extraordinary circumstances including shape, size, location and surroundings that apply to this property that do not apply to other property owners in the same zone. State why the ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. State why the granting of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity or zone in which such property is situated. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Signature of Applicant Date Signature of Property Owner(a) Date (Written authority may be attached) Date IMPORTANT: Any false or misleading information shall be grounds for denying this permit or variance. ANR 0 00 RECORDING REQUESTED BY COMMO Wc:",L T ; ! LAND TITLE-. CO. AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO - NAME Mr. and Mrs. Augustine Martin 78-535 Via Sonata ADDREBB La Quinta, CA 92253 CITY. STATE L 1 Title Order No Escrow No 2-15241 e z Grant Deed // • This space for Recorder's use THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ 154.00 ❑ unincorporated area , City of La Quinta Parcel No X computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAVID J. ERWIN and MARY MARTIN, Co —Executors of THE ESTATE OF FRANCES L. HACK, Deceased hereby GRANT(S) to AUGUSTIN MARTINEZ and FRANCISCA MARTINEZ, husband and wife as the following described real property in the City of La Quinta county of Riverside , state of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. Dated April 16, 1993 STATE OF CALIFORNIA COUNTY OF RIVERSIDE } S.S. On April 20, 1993, before me, VAUGHN DISI-PIAL? a Notary Public in and for said County and State; personally appeared Tom'• T .. . � � �'T.t`.....�e.�+� * * * * DAVID J. FRWTN * * * * personally known to me itKtlIfilOrcllitaCgrigatiXDOXIMX10415SXMCK Ai i+e%*to be the persorrlis) whose nameet) is/tiEsubscribed to the within instrument and acknowledged to me that henb$$executed the same in hishliai/Ki uthorized capacity(104, and that by hiStlelttICK signature(sT�on the instrument the personM or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand Signature THE ESTA By: community property RANCES L. HACK, Deceased David ;' Erwin, Co —Executor VAUGHN DISHMAN COMM, 0979686 tV DE cowry jecetttba;; Nolte FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE U+.me Street Address City & State \11\ '`111111'`111'\ti1'`Z11-- STATE OF CALIFORNIA 1111ti�11'`1'`1111'`ti11't111'`'\titti 38296 1 1 1 1 COUNTY OF On :, before me. personally appeared.p'• OFFICIAL SEAL ELIZABETH PRIN1Y NOTARY PUBLIC - CAUFORNIA PRINCIPAL OFFICE IN SAN BERNARDINO COUNTY My Commission Exp. Mar. 28,1995 1 ilosu____ s Official Notarial Seal Capacity Claimed By Signer: -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/ape subscribed to the within instrument and acknowledged to me that he/ executed the same inius/her/their authorized capacity(i®a), and that by 1►is/her/their signature(cA on the instrument the person(*), or the entity upon behalf of which the persons) acted. executed the instrument. Witness my hand and official seal. , notary public, Signature of Notary: n This certificate must be attached to the document described at right. Title or Type of Document Number of Pages Signer(s) Other Than Named Above r GRANT bate of'Document 04/1. Ai9, THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 0° 06' 00" WEST 50.00 FEET; THENCE NORTH 89° 53' 20" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 53' 20" EAST 80.00 FEET; THENCE NORTH 0° 06' 00" WEST 105.00 FEET; THENCE SOUTH 89° 53' 20" WEST 80.00 FEET; THENCE SOUTH 0° 06' 00" EAST 105.00 FEET TO THE TRUE POINT OF BEGINNING. cetht 4 61"rw FIIECOPY MEMORANDUM TO: ROMANO VERLENGIA, ASSISTANT ENGINEER FROM: GREG TROUSDELL, ASSOCIATE PLANNER DATE: JULY 13, 1994 SUBJECT: GRADING PLAN FOR THE LA QUINTA MEAT MARKET Our comments on this project are based on Variance 93-023 and Conditional Use Permit 93-008 which were approved by the City Council on November 16, 1993. Conditional Use Permit (1) Condition 4 - "Adequate trash facilities shall be constructed as approved by the Planning and Development Department prior to issuance of building permit. Plan to be reviewed for acceptability by applicable trash company (Waste Management of the Desert) prior to City review." Comment: See attached City standard. Also review Condition 23. (2) Condition 8 - "Handicap access, facilities and parking shall be provided per Federal, State and local requirements." Comment: The handicap facilities are not adequately defined. (3) Condition 11 - "At the time of issuance of an encroachment permit for the work contemplated hereunder, the applicant shall pay cash or provide security in guarantee of public improvements. A. Current Improvements: Construction of sidewalks along the street frontage of the development and construction/reconstruction of drive entries - secure in the amount of approved estimates for this work." Comment: Sidewalks are not designed per the exhibits on file with our department. Also review Condition 24. (4) Condition 12 - "The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Corner cutback at intersection of Tampico and Bermudas" Comment: Corner cutback not provided. MEMOGT.055 (5) Condition 18(A1) - "Sidewalk along both street frontages of the property. Sidewalk construction shall include a wheelchair ramp at the corner of Calle Tampico and Avenida Bermudas including necessary removal and replacement of curbing." Comment: Not shown on Grading Plan. (6) Condition 18 (B 1) - "The one-way entry drive along the north side of the building shall be a minimum of 18' wide. The inside turn radius at the northeast corner of the building shall be a minimum of 15' . " Comment - Not shown correctly on the grading plan. (7) Condition 28 - "The decorative concrete paving used to accent the driveway entry on Calle Tampico shall be textured concrete and colored to add attention to this area." Comment: Not shown on grading plan (8) Condition 41 - "Raised six inch concrete curbing shall be used to construct the parking lot planter on the east property line. Concrete wheel -stops shall be used." Comment: Concrete wheel -stops are not noted on the plans. Variance (9) Condition 6 - "The one-way aisleway can be a minimum width of 18-feet." Comment - The plans are not correctly drawn. If you have any questions, please contact me. Enclosure c: Mark Harold, Building Department MEMOGT.055 0 rxc X la c.5.1..4. Gi7i41 N1 1 1TTNZZT11tZt 1«'C w I .TYP. I • 1 i i_ri 1icut28 I I i .N 1 • 1 Trash ' ti ' an..r01569 'L.PRS. GTI.. it/02266A Notes: (1) The trash enclosure gates shall be hung on 4" steel freestanding posts. (2) A single bin enclosure can be used if approved by Waste Management. The enclosure size can be reduced to 10' in length vs. 16'-8". (3) The gates shall be solid metal with 2"X2"X1/8" metal tubing frame. A stabilizer rod shall be used to secure the gates (30"X3/4" with 6" bend at the top). (4) All trash enclosures shall have pedestrian access. (5) If the project is required to have additional recycling facilities, the size of the enclosure shall be increase as required by the trash provider. CASE MAP Trash Enclosure Detail SCALE : nts GT July, 1994 FRITZ R. STRADLING NICK E. YOCCA C. CRAIG CARLSON WILLIAM R. RAUTH III K. C. SCHAAF RICHARD C. GOODMAN JOHN J. MURPHY THOMAS P. CLARK, JR. $EN A. FRYDMAN DAVID R. MOEWEN PAUL L. GALE RUDOLPH C. SHEPARD ROBERT J. KANE BRUCE C. STUART E. KURT YEAGER ROBERT J. WHALEN ROBERT E. RICH RANDALL J. SHERMAN BRUCE W. FEUCHTER MARK J. HUEBSCH KAREN A. ELLIS BRUCE D. MAY ANDREW F. PUZDER DONALD J. HAMMAN JOHN J. SWIGART, JR. MICHAEL A. ZABLOCKI NEILA R. BERNSTEIN CELESTE STAHL BRADY CHRISTOPHER J. KILPATRICK JOEL H. GUTH JULIE MCCOV AKINS DAWN C. HONEYWELL LAWRENCE 8. COHN HARLEY L. BJELLAND STEPHEN T. FREEMAN NICHOLAS J. YOCCA JULIE M. PORTER MICHAEL E. FLYNN GARY A. PEMBERTON CAROL L. LEW DENISE HARBAUGH HERING BARBARA ZEID LEIBOLD JON E. GOETZ JOHN D. IRELAND DAVID H. MANN CHRISTOPHER M. MOROPOULOS ELIZABETH A. NEWELL DARRYL S. GIBSON JEE HI PARK TODD R. THAKAR RICHARD T. NEEDHAM ROBERT C. WALLACE JOHN F. CANNON JAY RAPPAPORT JOHN E. WOODHEAO IV DOUGLAS P. FEICK WILLIAM J. MORLEY MARK L. SKAIST JEFFREY B. COYNE SANDRA WAKAMIYA SCHAAL JOHN D. VAUGHAN STEVEN M. HANLE MICHAEL H. MULROY MARY ANNE WAGNER SCOTT R. MAPLES STRADLING, YOCCA, CARLSON & RAUTH A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE, SUITE 1600 POST OFFICE BOX 7680 NEWPORT BEACH, CALIFORNIA 92660-6441 TELEPHONE (714) 725-4000 FACSIMILE (714) 725-4100 Greg Trousdell Planning Department La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Dear Greg: March 31, 1994 Re: Short Form Deed of Trust JOHN E. BRECKENRIDGE RENA C. STONE OF COUNSEL WRITER'S DIRECT DIAL: (714) 725-4175 Enclosed is a form Deed of Trust with Assignment of Rents for the Agreement with Augie Martinez regarding parking in lieu of fees. Please feel free to call me if you have any questions. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Mary Anne Wagner MAW/dez Enclosure PUBL:13493_114241B2338.0 TO: FROM: DATE: SUBJECT: CITY OF LA VUJNTA MEMORANDUM MARK HAROLD, BUILDING DEPARTMENrFlLEC0PN GREG TROUSDELL, PLANNING AND DEVELOPMENT DEPARTMENT MARCH 1, 1994 LA QUINTA MEAT MARKET (CUP 93-008/VAR 93-023), FINAL PLAN CHECK Thank you for submitting the La Quinta Meat Market plans to our office for review. The plans are consistent with the Planning Commission's approval on November 9, 1993, except in a few instances. The plans do not meet the provisions of Conditions 4, 5, 18(B1), 22, 24, 25, 27, 28, 32, 34, 36, & 41 (see attached) of Planning Commission Resolution 93-042 (CUP) . In order to clarify or correct these conditions, we offer the following suggestions: Condition 4 Condition 5 ▪ The plans shall be reviewed by Waste Management. Also, gate enclosure shall be called out as solid metal. ▪ No comment needed. Condition 18 (B 1) - Condition 22 Condition 24 Condition 25 Condition 27 Condition 32 Condition 34 Condition 36 Condition 41 The one-way lane is not 18' wide on the north side of the property. ▪ The exterior light fixture specifications are not provided. ▪ The sidewalk on Bermudas shall be six feet wide. The sign program shall be submitted. The landscape plans are not adequate (i.e., irrigation plan) . CpnditipII 28 - The decorative driveway on -Celle am iico is smaller in size than originally permitted. • No explanation needed. - No explanation needed. No explanation needed. Concrete wheel -stops are not provided. M 4OC1.O44 General Comments: 1) . The exterior door and window schedule (Sheet A-1) does not match the information on Sheet A-3. 2) . The street trees on Avenida Bermudas shall be shifted a minimum distance of 4' to the west of their present location so that they are not located under the roof eave. 3) . The landscape plan is incomplete. 4) . The Pyracantha hedge along the east property line shall be changed to either petite Oleander, Texanum Privet or another type of evergreen shrub which is pedestrian friendly. 5) . The landscape material along Avenida Bermudas and front entry is not adequately specified on Sheet 1. Variance: Condition 4 of Resolution 93-043 requires the applicant to post money with the City for his required off -site parking spaces prior to the issuance of a Building Permit. The guarantee is to insure that four parking spaces will be built in the Village area in the future. The applicant/developer shall contact the Planning Director to complete this task. If you should have any questions, please contact me. cc: File Director of Planning and Development Hector Guzman, Engineering Department Mr. Charles Garland, Architect Mr. Agustin Martinez, Owner c6itti 4 44&, FILE COPY 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 November 18, 1993 Mr. Agustin Martinez 78-535 Via Sonata La Quinta, CA 92253 SUBJECT: CONDITIONAL USE PERMIT 93-008 & VARIANCE 93-023 (LA QUINTA MEAT MARKET) Dear Mr. Martinez: On November 16, 1993, the City Council approved your request to remodel and enlarge the existing building at 78-100 Calle Tampico. The final vote was 3-1. No changes were made to the November 9, 1993, Planning Commission conditions. If you should have any questions, please contact the undersigned. Very truly yours, JE ; ' Y .. I.RMAN P r, NI & DEVELOPMENT DIRECTOR OUSDELL Associate Planner GT :kas cc: Mr. Gabriel Lujan Mr. Charles D. Garland, architect MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRGT.131 November 4, 1993 Mr. Greg Trousdell Associate Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92253 VIA FACSIMILE AND POST (619) 777-7101 VINL, as Pt217n.o7s,y_>...._..._e.F_l* r..,I.,.,v.s.nyzrj NOV 0 8 1993 CITY OF LA cutpfrA PLANNING j DEPARTMENT Corporate Headquarters 4500 S. 40th Street, Phoenix, AZ 85040 RE: Our store #457 - 78110 Calle Tampico, La Quinta, CA Dear Mr. Trousdell; Pursuant to our telephone conversation yesterday, we are advised that the new owner of the adjacent property is seeking permission to erect a fence or wall between the property we lease and his property. These two parcels and the patrons who shop there have enjoyed cross access for many, many years. The use has been open and continuous, and as far as we can determine, for at least 20 years. The historical use should not be changed unilaterally. Our store has been very successful and enjoys grocery sales figures in the upper 1/3 of our 2,800 stores across the nation. Our sales would suffer severely if our neighbor were allowed to erect such a structure and we will defend our rights agressively. Undoubtedly, the new owner knew when he purchased the property' of the use.' Therefore, we request that the City not allow any impedance to the cross traffic that has been occurring at this site and deny any request to do so. We are also checking our files and with our title company to determine if there are any written agreements, easements of record, etc. in existence that we are unaware of. Incidentally, we were not notified of the October 26th public hearing on this issue and appreciate you taking the time to contact us. If you have any questions or comments please call me at (602) 437-0600. For your convenience, our facsimile number is (602) 530-5037. Please keep us informed of the status of this issue. Sincerely, THE C1- K CO " PORATION OBERT (BO=) O. LINCKS Asset Mgr. - Desert and Westem Divisions ROL/bol CC Cortland Silver, Esq. Tamara Huff Raymond & Barbara Fine Trust Oper. Mgr Z5917 THE CIRCLE K CORPORATION POST OFFICE BOX 52085 • PHOENIX, AZ 85072 • (602) 437-0600 CHARLA. D. GARLAND ARCHITECT 33-163 Cathedral Canyon Drive Cathedral City, CA 92234 October 29, 1993 City of La Quinta Department Of Planning 78-495 Calle Tampico La Quinta, CA 92553 (619) 770 — 7025 Attn: Jerry Herman, Planning Director Re: La Quinta Meat Market Remodel C.U.P. 93-008 & Variance 93-023 Public Hearing of the Planning Commission 10/26/93 Dear Mr. Herman: I feel obligated to write this letter to you, as well as cause copies of the letter to be sent to Katie Barrows, Chairwoman of the Planning Commission, and to the City Attorney's Office to respond to the comments Steve Speer, of the Public Works Department made at the close of the Public Hearing of our project referenced above. I believe that at the time we, my client and I, did not have sufficient time to respond to Steve Speer's concerns nor were we ever made aware that there might be legal questions regarding our site plan solution of the subject property, prior to his comments. In an earlier informal meeting with members of the City's planning staff (yourself and Greg Trousdell) as well as with Fred Bouma of the Department of Public Works, no question of a legal nature was raised. The joint use of the parking was merely termed "historical". Some mention of providing a two-way access/egress point was made regarding the driveway at the northwest corner of our project because some patrons of the Circle-K Store had been observed actually going on the wrong side of the street on Calle Tampico in order to enter the store's parking lot. At that time we felt that this would be forcing us to solve the city's problem created with the construction of the median island. We still feel this is the case. We said so then and we categorically say so now even with the new issue being raised regarding the Circle-K Store's "prescriptive rights". Avenida Bermudas was not even extended north of Calle Tampico six (6) months ago, therefore, there wasn't even a driveway off of it to access either property. Upon review of Miller & Starr's "California Real Estate Law Commentary" I find that a "prescriptive easement" must be in use for a period of five (5) years to even be considered as a burden to Mr. Martinez's property. In light of this fact alone, we see no "prescriptive right" established. At this writing Mr. Martinez is in the process of preparing a notification to the present owners of the Circle-K Store and the present land owners (if there is a difference) in writing that he will be allowing said access across his property until such time as he commences the renovation work on this property. In this way Mr. Martinez will retain vested interest in his own property by allowing access as opposed to access being "hostile and adverse" to his rights. This notification will also be conspicuously posted at Mr. Martinez's northwest drive way as soon as possible. I find it curious and counter productive that this whole issue of Circle-K's "prescriptive rights" of access across Mr. Martinez's property was not raised any sooner, and not raised as just that, a legal issue. In that way we could have been prepared to address it as a legal question or adjust to it if, in fact, a "prescriptive easement" had been established and was upholdable. In conclusion then, my client and I find no grounds for a "prescriptive right" of access across his property due to the short span of time involved nor do we believe a "prescriptive right" to park on Mr. Martinez's property has ever been established. Mr. Martinez, is talking with the former tenant of his building, was told the tenant had his parking spaces posted for his patron's use only and had had that parking restriction enforced regularly. We look forward to resolving this issue prior to or at the next meeting of the planning commission and the project moving ahead in an expeditious manner. As I stated at the meeting of October 26, 1993 my client stands ready to abide by the conditions of approval and altering his site parking, circulation and access scheme as developments to the north of his property start to take shape in like or similar manner to the over-all conceptual site plan that Greg Trousdell brought to the October 26, 1993 Planning Commission Meeting. rely, Charles D. Garland Architect cc: La Quinta City Attorney Katie Barrow, Planning Commission Chairwoman 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 October 28, 1993 Mr. Agustin Martinez 78-535 Via Sonata La Quinta, CA 92253 SUBJECT: CONDITIONAL USE PERMIT 93-008 &WARIANCE 93-023 (LA QUINTA MEAT MARKET) Dear Mr. Martinez: On October 26, 1993, the Planning Commission reviewed your request to remodel and enlarge the existing building at 78-100 Calle Tampico. The Planning Commission conceptually approved your architectural package, however, they continued your case(s) until November 9, 1993 to allow staff additional time to research whether or not the City would be liable if they allow your request to eliminate the shared access between your property and Circle K. Our City Attorney will review the issue, but if your attorney has any pertinent legal material regarding this issue, please let us know. Thank you for your continued cooperation and if you should have any questions, please contact the undersigned. Very truly yours, J 1.1I' Y /A NN I D TROUSDELL AS'OCIATE PLANNER GT : ccs Attachment MAN & DEVELOPMENT DIRECTOR cc: Mr. Gabriel Lujan Mr. Charles D. Garland, Architect MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRGT : Q2 TO: CITY OF LA QUINTA MEMORANDUM HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: OCTOBER 26, 1993 SUBJECT: CONDITIONAL USE PERMIT 93-008 AND VARIANCE 93-023 (LA QUINTA MEAT MARKET (AGENDA ITEM #1) Please add the following conditions to the La Quinta Meat Market project if the Planning Commission requires the shared parking arrangement with the existing Circle K site. 1. A landscape planter shall be installed between the 90-degree parking stalls and the east side of the existing building. The planter shall be a minimum inside (clear) width of two feet wide. Raised six inch concrete curbing shall be used to construct the planter and every three parking spaces an additional triangular tree well shall be installed. Concrete wheel -stops shall not be used. 2. Parking space #8 shall be eliminated and the landscape planter shifted south approximately five feet of its present location to allow proper vehicular turning movement around the building. MEMOGT.055 1 RECORDING REQUESTED BY And When Recorded Mail to: Name: Saundra Juhola, City Clerk c/o Planning Department City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Space above this line for Recorders COVENANT TO PROVIDE PARKING OR PAYMENT IN LIEU THEREOF This covenant and agreement is made this day of , 1994, between Augustin & Francisca Martinez, husband and wife as community property, hereafter referred to as PROPERTY OWNER and the City of La Quinta, a municipal corporation, hereafter referred to as CITY. RECITALS The agreement is based upon the following facts: WHEREAS, PROPERTY OWNER is the owner of real property in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 0° 06' 00" WEST 50.00 FEET; THENCE NORTH 89° 53' 20" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 53' 20" EAST 80.00 FEET; THENCE NORTH 0° 06' 00" WEST 105.00 FEET; THENCE SOUTH 89° 53' 20" WEST 80.00 FEET; THENCE SOUTH 0° 06' 00" EAST 105.00 FEET TO THE TRUE POINT OF BEGINNING. DOCJH.069 THE REAL PROPERTY IS MORE COMMONLY KNOWN AS 78-100 CALLE TAMPICO, LA QUINTA, CALIFORNIA (APN: .769-030-009) WHEREAS, PROPERTY OWNER desires to construct an approximately 930 square foot addition to an existing commercial building on said property; and, WHEREAS, PROPERTY OWNER and CITY agree that pursuant to the provisions of the zoning ordinance of the City as contained in the Municipal Code of the City of La Quinta, the number of required parking spaces for said building is ten (10) parking spaces and PROPERTY OWNER is unable to provide all of said required spaces on the above mentioned real property: and, WHEREAS, City agrees to allow six (6) on -site parking spaces and four (4) off - site parking spaces by the approval of Conditional Use Permit 93-008 and Variance 93-023. WHEREAS, Section 9.160.025 of the Municipal Code of the City of La Quinta provides that a parking agreement may be entered into by the PROPERTY OWNER and the CITY to provide a cash mitigation payment for deficiency parking; and, WHEREAS, PROPERTY OWNER may desire to utilize the provisions of said parking provisions found in Section 9.160.025 of the Municipal Code of the City of La Quinta; and, WHEREAS, the CITY has determined that the value of one parking space constructed to City standards to be $4,419.00; and, WHEREAS, the Planning Commission by approving Resolutions 93-042 and 93- 043, has granted the PROPERTY OWNER permission to enter into a parking agreement. NOW, THEREFORE, it is agreed upon between the parties as follows: 1. The primary purpose of this agreement is to assure that PROPERTY OWNER either (a) continuously provides ten (10) parking spaces, either on -site or by a combination of on -site and off -site on a commercial parcel located not more than 300 feet from the subject property for the entire period of life of use of the said proposed commercial building, or (b) makes "in lieu" payment(s) to the CITY in the event and to the extent PROPERTY OWNER is unable to provide said required number of parking spaces. 2. PROPERTY OWNER covenants and agrees to continuously provide and maintain a total of four (4) off -site parking spaces within 300 feet of the real property herein described which parking spaces shall be utilized for the exclusive use of patrons, customers, and employees of the commercial occupants of said real property; said requirement to provide off - site parking shall continue for the useful life of the building to be erected upon said real property or for so long as said building is utilized for commercial purposes, whichever period is longer, except as provided in paragraph 3 below. DOCJH.069 3. In the event PROPERTY OWNER is unable to continuously provide and maintain a total of four (4) off -site parking spaces within 300 feet of the real property herein described, then and in that event, PROPERTY OWNER shall make in lieu payment(s) to CITY in accordance with the above noted provisions to the extent PROPERTY OWNER is unable to provide said required off -site parking spaces. 4. It is further understood that in the event of a failure to pay the parking "in lieu" fee as identified, the CITY at its option will; a. establish a lien against said property which may be foreclosed by the CITY in the same manner as a trust deed foreclosure, or b. the CITY will add to the real property tax bill for said real property the "in lieu" fee outstanding to be collected for the next fiscal year. 5. PROPERTY OWNER agrees that this covenant and agreement pertains to and runs with the real property described in the above recitals and that the provisions herein shall bind the successors in interest of PROPERTY OWNER including, all future owners, encumbrances, successors, heirs and assigns and shall remain in effect until released by a written document authorized by the City Council of CITY. 6. (a) If any provision of this covenant and agreement is adjudged invalid, the remaining provisions of it are not affected. (b) This writing contains a full, final and exclusive statement of the covenant and agreement of the parties. (c) If there is more than one signer of this covenant and agreement as PROPERTY OWNER, their obligations are joint and several. (d) PROPERTY OWNER agrees that if legal action by the CITY is necessary to enforce any provision of this covenant and agreement, PROPERTY OWNER will pay the CITY a reasonable sum as attorney's fees and court costs for the prosecution of said legal action. CITY OF LA QUINTA PROPERTY OWNER CITY MANAGER DOCJH.069 ATTEST: APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ) On before me, the undersigned, a Notary Public in and for said County and State, personally appeared AUGUSTIN & FRANCISCA MARTINEZ, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. Notary Public in and for said County and State On , 1994, before me the undersigned, a Notary Public in and for said County and State, personally appeared ROBERT L. HUNT, personally known to me or proved to me on the basis of satisfactory evidence to be the City Manager of the City of La Quinta that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrument was executed pursuant to its By -Laws, a Resolution, or an Ordinance of its City Council. Notary Public in and for said County and State DOCJH.069 LIEN AGREEMENT THIS LIEN AGREEMENT, made and entered into this day of , 1994, by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as "CITY" and Augustin and Francisca Martinez, husband and wife as community property, hereinafter referred to as "OWNER", at La Quinta, California. RECITALS The OWNER is the owner in fee of real property in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 0° 06' 00" WEST 50.00 FEET; THENCE NORTH 89° 53' 20" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 53' 20" EAST 80.00 FEET; THENCE NORTH 0° 06' 00" WEST 105.00 FEET; THENCE SOUTH 89° 53' 20" WEST 80.00 FEET; THENCE SOUTH 0° 06' 00" EAST 105.00 FEET TO THE TRUE POINT OF BEGINNING. REAL PROPERTY IS COMMONLY KNOWN AS 78-100 CALLE TAMPICO, LA QUINTA, CALIFORNIA (APN: 769-030-009). The OWNER desires to construct an addition to an existing commercial building on said property. OWNER and CITY agree that pursuant to the provisions of the Zoning Ordinance of the CITY as contained in the Municipal Code of the City of La Quinta, the number of required parking spaces for said building is ten (10) parking spaces and OWNER is unable to provide all of said required spaces on the above -mentioned real property. Section 9.160.025(D)(4) of the Municipal Code of the City of La Quinta provides that the CITY may permit required parking spaces, for uses located on property in one of the C-V (Commercial Village) zoning District Subzones, to be reduced through execution of a parking agreement subject to the following regiments: DOCJH.070 1 a. Record a binding agreement, recorded against the property, between this City and property owner. The agreement shall contain at a minimum the following: 1. A Payment Schedule: The payment period shall not exceed four (4) years. If an assessment/benefit or parking improvement district is established the obligation of the property owner shall become due and payable under the terms of said district. 2. The Agreement: The agreement shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land. 3. Cash Mitigation Payment: The amount per space shall be established as determined by the Planning and Development and Public Works Departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. OWNERS are unable to provide the required on -site parking and wish to use the provisions of the La Quinta Municipal Code and enter into a parking agreement for said commercial building addition to be constructed by the OWNER. The CITY has determined that the value of one parking space constructed to CITY standards to be $4,419.00. The Planning Commission, by approving Conditional Use Permit 93-008 and Variance 93-023 (La Quinta Meat Market) has granted the OWNER the option to enter a parking agreement. The CITY proposes to allow the parking deficiency provided the OWNER file a lien agreement with the CITY to the effect that the OWNER will either provide such additional four (4) spaces accessible to the CITY and which will serve the property, or pay the reasonable cost of such spaces to the CITY at such time as the CITY requests the money for the purposes of providing such spaces. Monies so collected will be used by the CITY to provide an additional four (4) parking spaces which will serve the property hereinbefore described. NOW, THEREFORE, the parties agree as follows: 1. In consideration of the deferment of the requirement of installing and causing to be installed, said four (4) parking spaces which were deficient, the OWNER does hereby grant, transfer and assign unto the CITY, a lien with a power of sale upon said real property situated in the City of La Quinta, County of Riverside, State of California, described as follows: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: DOCJH.070 2 COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 0° 06' 00" WEST 50.00 FEET; THENCE NORTH 89° 53' 20" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 53' 20" EAST 80.00 FEET; THENCE NORTH 0° 06' 00" WEST 105.00 FEET; THENCE SOUTH 89° 53' 20" WEST 80.00 FEET; THENCE SOUTH 0° 06' 00" EAST 105.00 FEET TO THE TRUE POINT OF BEGINNING. THE REAL PROPERTY IS MORE COMMONLY KNOWN AS 78-100 CALLE TAMPICO, LA QUINTA, CALIFORNIA (APN: 769-030-009) including all buildings and improvements thereon, or that may be erected on said premises, together with all hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues and profits thereof. 2. The lien of the CITY and the Trust Deed attached hereto as Exhibit "A" is given to the CITY as security for the faithful performance of all terms, conditions, and covenants of the agreement hereinafter set forth; any and all advances or expenditures required by the CITY to be made in causing the installation of said improvements in the event the same shall not be done by the OWNER as hereinafter provided in this agreement and the City Conditional Use Permit 93-008 and Variance 93-023, together with all advances required to be made by the CITY in paying liens prior to this agreement, taxes and assessments, if any, services performed in the care of said premises, premium for fire insurance on buildings, and in case of default and foreclosure, searching the title therefor, fees for legal services, assessments and costs of suits, and all liabilities incurred for the protection of the indebtedness secured until the same is fully paid. 3. The OWNER agrees to acquire and construct the four (4) spaces of parking at a location in reference to the said property which will fulfill the requirements of the La Quinta Municipal Code on land owned by the OWNER or in which the OWNER has a right in perpetuity to require parking for the property. 4. The OWNER shall make, "in lieu of payments" to the CITY, in accordance with the above noted provisions to the extent that the OWNER is unable to provide said required off -site parking spaces. The OWNER shall make the "in lieu of payments" in one lump sum, or at the OWNERS' option, make annual payments equal to one-fourth of the total amount of the "in lieu of payment" due. The first $4,419 (dollar) payment shall be made prior to the issuance of a building permit. Thereafter, the "in lieu of payment" shall be made in pursuance to the following schedule: 1/4 April 1, 1995 $4,419.00 1/4 April 1, 1996 $4,419.00 1/4 April 1, 1997 $4,419.00 DOCJH.070 3 The amount of the "in lieu of payment" shall be increased by an amount computed by adding the ENR last published construction index at the time of the default, using March 1, 1994, as the base month. In the event that the ENR construction index is no longer published at that time, then the parties shall use an equivalent index. The City Engineer shall determine said sum and make demand on the OWNERS for the sum to be paid. In the event that the said sum is not paid within ninety (90) days after written demand, then the CITY shall have the option to consider this agreement breached and shall take whatever action is indicated in this agreement to foreclose the lien and collect the sums which are due. 5. The sums so collected shall be used to construct four (4) additional parking spaces required by the La Quinta Municipal Code and said parking may be acquired and constructed by the CITY or the CITY may contribute said sum to an assessment district or other district formed for the purpose of providing said spaces together with other spaces. 6. The CITY notwithstanding the above may demand the said sum above mentioned at any time that the CITY in its discretion deems it expedient or convenient to acquire and construct said parking spaces or contribute to some district or other appropriate vehicle for the acquisition and construction of the spaces for the purpose of serving the property. This demand may be made at any time that the City in its discretion and the CITY's determination in this matter shall be conclusive and not subject to rebuttal by the OWNER. If the entire amount due is not paid upon the demand of the CITY, or in the event that the OWNER does not contribute said sum within ninety (90) days after written demand by the CITY for the said sum, OWNER shall be deemed in default. 7. The said parking spaces in the event that they are constructed by the OWNERS shall be constructed and installed in accordance with the specifications approved by the Office of the City Engineer of the City of La Quinta. 8. The OWNER herewith agrees to hold the CITY harmless and indemnify the CITY from any loss which may occur by reason of the construction of said four (4) parking spaces by the OWNER and it is clearly understood that said construction will be made by the OWNER as an independent contractor and not as an agent or employee of the CITY. 9. In the event that the OWNER shall fail, refuse or neglect to comply with any terms, covenant or provision herein contained, the CITY is authorized and may elect, subject only to the provisions of law in connection herewith, to forward the amount which is in default to the trustee and declare all sums secured by this lien agreement and the trust deed executed concurrently with this lien agreement bearing the same date to the trustee with a declaration of default and demand for sale in pursuance to the terms of said trust deed and the law made and provided and as a cumulative remedy to do the following act or acts which the CITY is by the execution hereof empowered to do: (a) To procure insurance on the buildings for the benefit of the CITY: (b) To enter upon the premises, if neglected or abandoned, to care for and cultivate the same; DOCJH.070 4 (c) To pay all liens or encumbrances that are prior to this agreement, including all taxes and assessments upon said premises; (d) To advance money for any purpose necessary to protect said premises; (e) To commence an action to foreclose this agreement and lien when any obligation or money secured hereby is due, owing and payable under the terms hereof; (f) That as additional security, the OWNER and undersigned hereby confer upon the holder of this agreement, during the continuance thereof, and in the event of default thereunder, to collect the rents, issues and profits of said property, and to retain the same to the extent required to satisfy said agreement; (g) Upon default by OWNER in payment of any indebtedness secured hereby or in performance of any agreement hereunder, CITY may declare all sums secured hereby immediately due and payable by recordation of a written Notice of Default and Demand for Sale and of written Notice of Default and of Election to Cause said Property to be Sold, which notice CITY shall cause to be filed for record. The City of La Quinta shall give notice of sale as then required by law, without demand on OWNER, at least three (3) months having elapsed after recordation of such Notice of Default, and shall sell said property at the time and place of sale fixed by it in said Notice of Sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. CITY may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. CITY shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including OWNER or CITY, may purchase at such sale. After deducting all costs, fees and expenses of CITY, including cost of evidence of title in connection with sale, CITY shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at ten percent (10%) per annum; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 10. The OWNER and undersigned covenant and agree that they have a fee title in and to the property free and clear of all encumbrances, except those stated in writing to the CITY; after one year from the date of this agreement, the lien of the CITY shall not be junior to any encumbrances on said real property except a first trust deed of not more than $500,000.00; and DOCJH.070 5 11. Notwithstanding anything in this agreement to the contrary, in the event that the OWNER satisfies his parking requirement by the installation of any spaces less than four (4) the OWNER shall be to that extent released from the lien of this agreement based upon a proration of the number of spaces completed against those required under the terms of this agreement. 12. The covenants and agreements contained herein shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land herein described. The Deed of Trust, attached hereto as Exhibit "A", shall be recorded prior to OWNER making the first "in -lieu" payment referred to in Section 4. IN WITNESS WHEREOF, the OWNER has affixed his signature on the day and year first above written. The City of La Quinta has caused this contract to be signed by its Mayor by virtue of authority granted by No. CITY OF LA QUINTA, a Municipal Corporation OWNER: BY: BY: MAYOR ATTEST: City Clerk of the City of La Quinta STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss On , 1994 before me the undersigned, a Notary Public in and for said County and State, personally appeared JOHN J. PENA personally known to me or proved to me on the basis of satisfactory evidence to be the Mayor of the City of La Quinta, and SAUNDRA L. JUHOLA, personally known to me or proved to me on the basis of satisfactory evidence to be the City Clerk of the City of La Quinta, that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrument was executed pursuant to its By -Laws, a Resolution, or an Ordinance of its City Council. DOCJH.070 6 Notary Public in and for said County and State STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE On , 1994, before me the undersigned, a Notary Public in and for said County and State, personally appeared AUGUSTIN & FRANCISCA MARTINEZ, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. Notary Public in and for said County and State On , 1994, before me the undersigned, a Notary Public in and for said County and State, personally appeared ROBERT L. HUNT, personally known to me or proved to me on the basis of satisfactory evidence to be the City Manager of the City of La Quinta that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrument was executed pursuant to its By -Laws, a Resolution, or an Ordinance of its City Council. Notary Public in and for said County and State DOCJH.070 7 „ said required off. --tki:Ce'. parkin .7.is waLkal' • riOr 0-_,J,,77, • • •_If , 2. • QC 1, r :ter P 1/5th _ ;'• 4... • -__ • Ai; 't • . . • .• • • . - . • , • increasedby. 4 ^ •• 4.; d construct ton asa the base month J-.1-.1. 40-.0:d4ongetr._ an equivalenti: *A and make deman event that the Oa written deman this agreem indicated in • - Buts WhiCh are :dir • • •-•••, ; L • • a.•••_, • .• ••Itz,• : , -•••• ;••• r.N.4 • • - . • - •;;.", • -i...'•014•4;- .., • -q' .,- , •,11..X3.., •." kj-,1* !i-.7.) 'A . , 't . •••% 541,'T*61..l • 4,1,0.,.:2,:vt._. ,, % ,:-.....• . ' . ' ' .' ' • '4i)445!i' d Ici2744;;:4 •"' : • r *V • r. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Saundra Juhola, City Clerk c/o Planning Department City of La Quinta P.O. Box 1504 La Quinta, CA 92253 SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made Day of , 1994 AUGUSTIN MARTINEZ and FRANCISCA'.MARTINEZ , between herein called TRUSTOR, whose addresses 78-535 Via Sonata, La Quinta, CA 92253 (Number and Street) (City) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and City of La Quinta, a Municipal Corporation (State) , herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of La Quinta County of Riverside , State of California, described as: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 0° 06' 00" WEST 50.00 FEET; THENCE NORTH 89° 53' 20" EAST 33.00 FEET TO THE TRUE POINT OF BEGIN- NING; THENCE CONTINUEING NORTH 89° 53' 20" EAST 80.00 FEET; THENCE NORTH 0° 06' 00" WEST 105.00 FEET; THENCE SOUTH 89° 53' 20" WEST 80.00 FEET; THENCE SOUTH 0° 06' 00" EAST 105.00 FEET T1fibthaEh IRAs&, igiilliTid aFts BnErco1,141140,Glowever, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ 17,676.00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on the reverse side hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. } STATE OF CALIFORNIA }ss. COUNTY OF } On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Trustor Mr. Augustin Martinez Mrs. Francisca Martinez WITNESS my hand and official seal. Signature The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoirg Deed of Trust an reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to c:ommit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may he reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE: The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of 7f•ust OR THE NOTE which it secures. Both must be delivered to the Thustee for cancellation before reconveyance will be made. 4, -- ';i 7/ V°,; (ttC '• --e.IYLL- ..2xI4T'G, . RUC i :. (- I1:•;w F, n0, . 44'5' S7P.1_Le. - _ • VA,..:-1ra. -UtJ 1,...011 —NEut cFT 4' HIGH PLP,N7712-. kVF ,,rDuINr COY: r -PPoSEn t.t Tze,F,PiL FL --cololz awLY coNc. (RA, W gI S IOe WAAK :StnET "ixE BERMUDAS z w Q GENERAL INFORMATION diamms-6.m.'7_46._.mistsintatel lJ Oki T—NiY4- _7 7 s • 0$1uiV Ji 11 31- 0 1,10 /-02Iilov.1 1 — Got�G• WHEC� S1 2I`' (r ) m G 414 rii- iiAk1 .,'E,- 2 4- OWNER: LEGAL DESCRIPTION: P#OJECT ADDRESS: ZONE: OCCUPANCY: Agustin Martinez 78-535 Via Sonata La Quinta, Ca. A.P.N.: 769-030-009 Parcel No.: 9 78-100 Calle.Tampico La Quinta, Ca. C-V-N B-2 Type V Non -Rated AREA TABULATIONS: EXISTING BLDG. 1,581 sq ft 20% PROPOSED ADDITION 1st floor 465 sq ft 6% 2nd floor 465 sq ft TOTAL 930 sq ft LANDSACAPED AREA 462 sq ft 6% HARDSCAPED,AREA 5,492 sq ft 68% TOTAL SITE 8,000 sq ft 100% PARKING REQUIRED: 10 PARKING PROVIDED: 9 SID -Q 2 Ia.I.oil • 0 0 k a, LJ Yy• CALLE TAMPICO -)(1-.-3T11\1c= `=Iw.n,_K- I I TiE- RJ t � C - ) eXI )40 OM IN • - XI "'c.• IrvM "-� OP at 1111111111111. • SITE PLAN S DRA GA.�� N E L CHECKED ;.. D A1j E Juba cl SCALEL' �� JOB . L.�a.M NDM r, SHEET OF SHEETS t AMDRAFT / CTI 800.262-1300 STATE ROUTE III GRADING NOTES: REVISIONS BY b A 0 0 (I) wi (f) Ead.t. Molders x VACANT 6 Chalhir Fwro. at EP EXIST. BLDG (F.F.E - 41.5D CONST. I6' DRIVEWAY PER CITY OF LA QUNTA STANDARDS S 89'5320' W BASIS OF BEARINGS JA1F- x TA MPICO TRASH ENCLOSURE PER CITY OF LA QUINTA STANDARDS CONST. 24' DRIVEWAY PER CITY OF LA (QUINTA 0 STANDARDS i S CALLE TAMPICO VICI\ITY "AP WASHINGTON STREET NO SCALE QUANTITY ESTIMATES: 10 CONSTRUCT 6' WIDE P.C.C. SIDEWALK PER RIV. STDS. �2 INSTALL 3- AC PAVING ON 4.5"CL 2 BASE CONST. 3' WIDE P.C.C. ALLEY GUTTER CONST. 6" P.C.C. CURB PER RIV. STDS. CONST. 6' P.C.C. CURB & GUTTER PER RIV. STDS. REMOVE EXIST. CONC. DRIVEWAY CONST. P.C.C. DRIVEWAY PER RIV. STDS. 990 S.F. 3670 S.F. 486 S.F. 333 L.F. 20 L.F. 150 S.F. 264 S.F. QUANTITIES SHOWN ARE ESTIMATES FOR PERMIT PURPOSES ONLY. THE OWNER AND HIS CONTRACTOR IS RESPONSIBLE FOR OBTAINING HIS OWN ESTIMATES. ENGINEER'S NOTE TO OWNER/ CONTRACTOR: DIG ALERT NOTICE THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY PIPES. CONDUITS OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. THE OWNER/CONTRACTOR IS REQUIRED TO TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES AND STRUCTURES SHOWN ON THESE DRAWINGS. THE OWNER/CONTRACTOR FURTHER ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UTILITY LINES. PIPES. CONDUITS OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS. OWNER/CONTRACTOR MUST IMMEDIATELY NOTIFY THE ENGINEER OF ANY PROPOSED DEVIATIONS OR MODIFICATIONS TO THIS PLAN. HE WILL NOT TIONS UNTIL SUCH TIME AS THEDY ARE REVIEWED WITH ANY AAND APPROVED TIONS OR FBYATHE ENGINEER. SECTION 4216/4217 OF THE GOVERNMENT CODE REQUIRES A DIG/ALERT IDENTFICAT10N NUMBER BE ISSUED BEFORE A 'PERMIT TO EXCAVATE WILL BE VALID. FOR YOUR DIG/ALERT I.D. NUMBER CALL UNDERGROUND SERVICE ALERT TOLL FREE: 1-800-422-4133 TWO WORKING DAYS BEFORE YOU DIG. OWNER: MR. AUGUSTIN MARTINEZ LEGAL DESCRIPTION: POR S 1/2 NW I//4 SEC 6. T 6 S. R 7 E. SBM ASSESSOR'S PARCEL NUMBER: 769-0230-009 JOB SITE ADDRESS: 78100 CALLE TAMPICO BENCHMARK: TOP OF CURB AT THE N(E BCR OF CALLE, TAMPICO AS SHOWN ON CITY OF LA QUINTA RD)A STREET IMPROVEMENT PLAN FOR CALLE TAMPICO SHEET 3 (OF II SHEETS. ELEVATION - 39.93 LEGEND PROPERTY LINE (it ) EXISTING CONTOUR FINISH CONTOUR DAYLIGHT LINE DRAINAGE SWALE CENTERLINE SLOPE: CUT/FILL GARDEN WALL WOOD FENCE CHAINLINK FENCE RETAINING WALL -(100)- - 100 - O O -mil -> TOP TOE It / I 1 /I EDGE OF PAVEMENT (E . P . ) EXISTING ELEVATION (100.00) FINISH ELEVATION • 100.00 OMIT BLOCK AT BASE OF WALL 0>- FINISH GRADE F.G. TOP OF GRATE T.G. FINISH SURFACE F.S. INVERT ELEVATION INV. FLOWLINE F.L. HIGHPOINT H.P. TOP OF CURB T.C. RIGHT-OF-WAY R/W PLANTER P. TOP OF PAVEMENT FINISH FLOOR ELEVATION TOP OF WALL BOTTOM OF WALL EXISTING GRADE SHEET FLOW CONCRETE T.P. F.F.E. T.W. B.W. E.G. UNAUTHORIZED CHANGES & USES: The engineer preparing these plans w�l not be responsble for. or 6abre for unauthorized chcxges to or uses of these plans. Al chtges to the plans must be in writing and must be approved by the preparer of these plans. • 1. ALL WORE SHALL BE DONE IN ACCORDANCE WITH THE STANDARD PLANS OF THE CITY OF LA QUINTA AND THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION, AND RIVERSIDE COUNTY STANDARDS AND SPECIFICATIONS ORDINANCE NO. 461, LATEST EDITION. 2. TIIE CONTRACTOR SHALL OIITAIN ALL PERMITS AS REQUIRED BY. THE CITY OP LA QUINTA,OR OTHER GOVERNING AGENCIES. 3. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH HIGHIT BE OCCASIONED BY IIIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 4. TIIE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL, REPLACEMENT OR RELOCATION OF ALL REGULATORY, WARNING AND GUIDE SIGNS. 5. STREET NAME SIGNS AND TRAFFIC CONTROL SIGNS. TYPE AND LOCATION SIIALL BE APPROVED BY THE CITY ENGINEER. TRAFFIC STRIPING, LEGENDS AND PAVEMENT MARKERS. TYPE AND LOCATIONS SHALL BE APPROVED BY THE CITY ENGINEER. 6. THE CONTRACTOR SHALL NOT DISTURB EXISTING SURVEY MONUMENTS OR BENCH HARKS NOTED ON THE PLANS, OR FOUND DURING CONSTRUCTION. REMOVAL AND PLACEMENT SHALL BE DONE BY A REGISTERED CIVIL ENGINEER WITH AN R.C.E. NUMBER BELOW 33,966, OR A LICENSED LAND SURVEYOR ONLY. 7. GRADING SHALL BE IN ACCORDANCE WITH TIIE ENGINEERED GRADING REQUIREMENTS OP THE UNIFORM BUILDING CODE, LATEST EDITION, AND SOILS REPORT NO , DATED PREPARED BY TELEPHONE 8. TIIE CONTRACTOR SHALL NOTIFY THE CITY BUILDING INSPECTOR 48 HOURS PRIOR TO ANY GRADING. BRUSHING OR CLEARING AND EACH PHASE OF CONGTRUCTION AT (619) 564-2246, AND 48 HOURS PRIOR TO REQUIRING INSPECTIONS. 9. DURING ROUGH GRADING OPERATIONS AND PRIOR TO CONSTRUCTION OF PER:.1ANENT DRAINAGE STRUCTURES, TEMPORARY DRAINAGE CONTROL SHALL BE PROVIDED TO PREVENT PONDING WATER AND DAMAGE TO ADJACENT PROPERTY. 10. TIIE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AN EFFECTIVE MEANS OF DUST CONTROL WHICH SHALL INCLUDE PROVISIONS FOR ADEQUATE WATERING DURING THE GRADING PROCESS AND PROVISIONS FOR CONTINUANCE OF DUST CONTROL AFTER THE GRADING UNTIL SUCH TIME THAT TIIE GRADED SURFACE PRESENTS EFFICIENT PROTECTIVE COVER AGAINST WIND OR WATER EROSION THAT SPECIAL DUST CONTROL MEASURES ARE NO LONGER NECESSARY. 11. AREAS OF FUTURE CONSTRUCTION SIIALL BE PLANTED WITH A SEED HIX APPROVED BY THE CITY OF LA QUINTA. 12. CONSTRUCTION OPERATIONS AND MAINTENANCE OF EQUIPMENT HALF MILE OF HUMAN OCCUPANCY SIIALL BE PERFORMED ONLY TIRE PERIOD AS FOLLOWS: OCTOBER 1ST. TO APRIL 30TH: HON-FRI 7:00 AM TO 5: SATURDAY 8:00 AM TO 5: MAY 1ST, TO SEPTEMBER 30TH: HON-FRI 6:00 AM TO 7: SATURDAY 8:00 AM TO 5: WORK SHALL BE PROHIBITED ANY TIME ON SUNDAY OR FEDERAL WITHIN ONE DURING THE 30 PH 00 PH 00 PH 00 PM HOLI DAY • 13. AFTER CLEARING EXISTING GROUND SHALL BE SCARIFIED TO A HINIHUH OF 6" CN THE ENTIRE SITE OR AS RECOMMENDED BY SOILS REPORT. 14. HAXIHUH CUT AND PILL SLOPES = 2:1. 15. PADS SHALL BE COMPACTED TO A MINIMUM OF 90% RELATIVE DENSITY PER 'A.S.T.H. SPECIFICATIONS AND ABOVE MENTIONED SOILS REPORT. 16. HIN?HUH BUILDING PAD DRAINAGE SHALL BE 2%. DRAINAGE SWALES SHALL BE A HINIHUH OF 0.3' DEEP AND BE CONSTRUCTED A MINIMUM OF 2' FROM THE TOP OF CUT OR FILL SLOPES. MINIMUM SLOPE OF SWALES SHALL BE 0.5%. 17. ALL FILLS SIIALL, BE COMPACTED TO A HINIHUH OF NINETY (90) PERCENT OF MAXIMUM DENSITY AS DETERMINED BY UNIFORM BUILDING CODE STANDARD N0. 70-1 OR EQUIVALENT AS APPROVED BY THE CITY ENGINEER. FIELD DENSITY SIIALL BE DETERMINED IN ACCORDANCE WITH THE UNIFORM BUILDING CODE STANDARD NO. 70-2, OR EQUIVALENT, AS DETERMINED BY CITY ENGINEER. 18. ALL STREET SECTIONS ARE TENTATIVE. TIIE MINIMUM SECTION IS 3" A.C/4" A/B/ CLASS II. ADDITIONAL SOIL TEST SIIALL BE REQUIRED AFTER ROUGH GRADING TO DETERMINE EXACT SECTION REQUIREMENTS. CIT.:' ENGINEER TO APPROVE FINAL STREET SECTION. 19. LOCATIONS OF FIELD DENSITY TEST SIIALL BE DETERMINED BY THE SOIL ENGINEER OR APPROVED TESTING AGENCY AND SHALL BE SUFFICIENT IN BOTH HORIZONTAL AND VERTICAL PLACEMENT TO PROVIDE REPRESENTATIVE TESTING OF ALL PILL PLACED. TESTING IN AREAS OF A CRITICAL NATURE OF SPECIAL EMPHASIS SHALL BE IN ADDITION TO THE NORMAL REPRESENTATIVE SAMPLINGS. 20. ALL UNDERGROUND FACILITIES, WITH LATERALS, SHALL BE IN PLACE AND INSPECTED PRIOR TO PAVING. INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: SEWER, WATER, ELECTRIC, CAS AND DRAINAGE. 21. THE FINAL UTILITY LINE BACKFILL REPORT FROH THE PROJECT SOIL ENGINEER SHALL INCLUDE AN APPROVAL STATEMENT THAT THE BACKFILL IS SUITABLE FOR THE INTENDED USE. 22. THE FINAL COMPACTION REPORT AND APPROVAL FROM THE SOILS ENGINEER SHALL CONTAIN THE TYPE OF FIELD TESTING PERFORMED. EACH TEST SHALL BE IDENTIFIED WITH THE METHOD OF OBTAINING THE IN -PLACE DENSITY, WHETHER SAND CONE OR DRIVE RING AND SHALL BE 50 NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY DETERMINATION SHALL BE PERFORMED TO VERIFY THE ACCURACY OF THE MAXIMUM DENSITY CURVES USED BY THE FIELD TECHNICIAN. 23. ALL TRAVELED WAYS MIST BE CLEANED DAILY OF ALL DIRT, HUD AND DEBRIS DEPOSITED ON THEM AS A RESULT OF TIIE GRADING OPERATION. CLEANING IS TO BE DONE TO THE SATISFACTION OF THE CITY ENGINEER. 24. BLOCK WALLS ARE NOT PART OF TIIE GRADING PERMIT. SUBMIT FOR SEPARATE BUILDING PERMIT. 25. ALL CONSTRUCTION AREAS SHALL BE PROPERLY POSTED AND LIGHTED IN CONFORMANCE WITH TIIE STATE MANUAL OF WARNING SIGNS, LIGHTS, AND DEVICES FOR USE IN THE PERFORMANCE OF WORK UPON HIGHWAYS, IN ORDER TO ELIMINATE ANY HAZARDS. 26. THE SOILS ENGINEER AND ENGINEERING GEOLOGIST SUFFICIENT ENGINEERING CONTROL DURING GRADING AND INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, THEIR PURVIEW.' 27. A DESIGN CIVIL ENGINEER SHALL EXERCISE SUFFICIENT GRADING AND CONSTRUCTION TO INSURE COMPLIANCE W SPECIFICATIONS, AND CODE WITHIN IIIS/TIER PURVIEW. SHALL EXERCISE CONSTRUCTION TO AND CODE WITHIN CONTROL DURING ITN THE PLANS, JUN 3 0 1994 PREPARED UNDEFR THE DIRECT SUPERVISION OF: DENISE R. POEL_TLER R.C.E. 33446 EXP. 6-30-98 DATE APPROVED BY THE CITY OF LA QUINTA: LA QUINTA CITY ENGINEER R.C.E. EXP. DATE "1 cf) CIVIL ENGINEERING STRUCTURAL DENISE R. POELTLER. INC. FAX (619) 772-3986 (619) 772-3966 00 -1 u L_ F- z LL 0 0 z ■ a) PLOT PLAN NO. m 0 DRAWN BY VLV CHECKED BY DRP DATE JUNE 1994 SCALE 10' JOB NUMBER 94-173 OF SHEET I I SHEETS