2021 - 31733 Project LQ, LLC - SIA On-Site & Off-Site 2nd Assignment & Amendment23 March
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
23 March
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fee per
Gov’t Code §6103 and §27383)
LIEN CONTRACT
AND DEED OF TRUST
(Lien Contract as Security; Gov. Code Section 66499(a)(4))
THIS LIEN CONTRACT AND DEED OF TRUST (“Lien Contract”) is entered into this
___ day of ________________, 2021, by and between the CITY OF LA QUINTA,
CALIFORNIA, a municipal corporation of the State of California (“City”) and Project LQ, LLC,
a California limited liability company (“Owner”).
RECITALS
A. Owner is the owner if fee of that certain unimproved real property located in the
State of California, County of Riverside, City of La Quinta, more particularly described in the
legal description attached hereto as EXHIBIT “A” and incorporated herein by this reference (the
“Property”).
B. A final subdivision map of Tract No. 31733 (“Original Tract Map” and “Tract,”
respectively) for the Property was approved by the City Council of the City of La Quinta (“City
Council”) on or about March 21, 2006, and subsequently filed with the Official Records of the
Riverside County Recorder on April 20, 2006, in Book 401 pages 34-45 of said County;
C. The Original Tract Map for the Property was amended by the Community
Development Director at its Director’s Hearing by that certain Amendment (“Amendment”) filed
with the Official Records of the Riverside County Recorder on or about July 5, 2007 in Book 423
pages 61-72 of said county (the Original Tract Map and the Amendment are collectively referred
to as the “Final Map”).
D. In connection with the acquisition of the Property, the Owner’s predecessor-in-
interest assumed those certain Subdivision Improvement Agreements (2), both dated July 5, 2007,
and both as amended August 1, 2017 (the “Existing SIAs”), to complete certain tasks and construct
certain on-site and off-site improvements as required by the Final Map and other entitlements
applicable to the Property (collectively, the “Development Obligation(s)”).
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EXHIBIT “A”
Legal Description of the Real Property
LOTS 1 THROUGH 125, INCLUSIVE, AND LETTER LOTS "A" THROUGH "O",
INCLUSIVE, "Q" THROUGH "CC", INCLUSIVE, OF AMENDED TRACT NO. 31733, IN THE
CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 423 PAGES 61 THROUGH 72, INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 764-750-001 THROUGH 764-750-058 AND 764-750-060 THROUGH 764-750-069 AND
764-750-071 AND 764-760-001 THROUGH 764-760-067 AND 764-760-071 THROUGH 764-
760-076 AND 764-760-078 THROUGH 764-760-082
City of La Quinta
DIRECTOR’S HEARING: MARCH 23, 2021
STAFF REPORT
AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE AMENDED FINAL TRACT
MAP 2021-0002 (TRACT MAP 31733 AMENDMENT) TO REVISE CONDITIONS OF
APPROVAL REGARDING BOND REQUIREMENTS; APPLICANT: PROJECT LQ, LLC;
PROJECT NAME: BELLASARA; CEQA: A MITIGATED NEGATIVE DECLARATION
WAS ADOPTED FOR THIS PROJECT UNDER ENVIRONMENTAL ASSESSMENT
2003-493; LOCATION: NORTHEAST CORNER OF AVENUE 61 AND MONROE
STREET
APPLICANT/OWNER: PROJECT LQ, LLC
REQUEST: AMEND FINAL TRACT MAP 31733 TO CHANGE CONDITIONS
OF APPROVAL REGARDING BOND REQUIREMENTS
CEQA: A MITIGATED NEGATIVE DECLARATION WAS ADOPTED FOR
THIS PROJECT UNDER ENVIRONMENTAL ASSESSMENT
2003-493
LOCATION: NORTHEAST CORNER OF AVENUE 61 AND MONROE ST
LEGAL: APN: 764-750-001 THROUGH 069, 764-760-011 THROUGH
077
RECOMMENDATION
Adopt a resolution to approve Amended Final Tract Map 31733 (AFTM 2021-0002) and
find the project consistent with Environmental Assessment 2003-493.
EXECUTIVE SUMMARY
• Tract Map 31733 was approved in 2006 and subsequently amended in 2007 for
development as a single-family residential development (Attachment 1).
• The owner is requesting changes to the conditions of approval for the map
regarding bond requirements. No changes to the actual map configuration are
proposed as part of this amendment.
BACKGROUND/ANALYSIS
Final Tract Map 31733 was approved in 2006 as the 33.88-acre southern half of a
single-family residential project, located on the northeast corner of Avenue 61 and
Monroe Street (Attachment 1). This map was amended in 2007 (Attachment 2). The
northern half of the project was approved under Tract Map 31732.
The Applicant/Owner made a request to modify the conditions of approval regarding
PUBLIC HEARING NO. 2
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the bond requirements for the final map. After discussion between the Applicant and
City of La Quinta City Attorney, a condition is proposed to be added which would result
in executing a lien contract as a substitute for payment and performance bonds. The
lien contract would serve as the substitute security for completion of on- and off-site
improvements required under the project’s subdivision improvement agreement for a
maximum three (3) year period.
Prior to the issuance of any permit for the improvements required under the
subdivision improvement agreement, the owner shall procure and post for the benefit
of the City the payment/performance bonds required. If the owner fails to replace the
lien contract with the payment/performance bonds at the end of the three (3) year
period, the City may record the pending Final Tract Map No. 37960-R, providing for
reversion to acreage of project site (Attachment 3). Final Tract Map No. 37960-R was
conditionally approved by the City Council on November 17, 2020 for reversion to
acreage purposes.
AGENCY AND PUBLIC REVIEW
Public Agency Review
This request was sent to all applicable City departments and outside agencies,
including the City’s Public Works Department and City Attorney. The City Engineer and
City Attorney have reviewed and approved of the proposal, subject to the Conditions of
Approval.
Public Notice
This project was advertised in The Desert Sun newspaper on March 13, 2021 and
mailed to all property owners within 500 feet of the site. To date, no comments have
been received.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration was adopted by the City of La Quinta City Council on
January 20, 2004 under Environmental Assessment 2003-493. The Design and
Development Department has determined that the proposed project with this
previously approved project, as no changes to the map itself are proposed.
Report prepared by: Carlos Flores, Senior Planner
Report reviewed by: Cheri Flores, Planning Manager
Attachments:
1. Vicinity Map
2. Tract Map 31733
3. Tract Map 37960-R
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ATTACHMENT 1
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ATTACHMENT 2
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ATTACHMENT 3
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