2021-001 DH Resolution - Bellasara TR 31732DIRECTOR HEARING
RESOLUTION NO. 2021 – 001
A RESOLUTION OF THE DIRECTOR OF THE DESIGN
AND DEVELOPMENT DEPARTMENT OF THE CITY OF
LA QUINTA AMENDING THE AMENDED FINAL MAP
FOR TRACT NO. 31732 AND THE CONDITIONS OF
APPROVAL THEREOF, AND AUTHORIZING THE CITY
MANAGER TO SIGN RELATED ASSIGNMENTS AND
AMENDMENTS TO THE SUBDIVISION IMPROVEMENT
AGREEMENTS RELATING THERETO
WHEREAS, a final subdivision map of Tract No. 31732 (“Original Tract Map”)
in the City of La Quinta, County of Riverside, State of California, 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 22-33 of said county; and
WHEREAS, the Original Tract Map was amended by that certain Amendment
No. 2 (“Amendment”) filed with the Official Records of the Riverside County
Recorder on or about August 23, 2017, in Book 456 pages 97-106 of said county
(the Original Tract Map and the Amendment are collectively referred to as the “Final
Map”); and
WHEREAS, the owner of the real property described by the Final Map (“Real
Property”) is Project LQ, LLC, a California limited liability (“Owner”), as successor-
in-interest and purchaser for value thereof; and
WHEREAS, in connection with the acquisition of the Real Property, the
Owner’s predecessor-in-interest assumed that 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 subject to the Final Map (collectively, the “Development
Obligation(s)”); and
WHEREAS, the Owner has requested certain amendments to the conditions
of approval for the Final Map (“Conditions of Approval”), a copy of which are on file
with the City Engineer, and are available for review upon request; and
WHEREAS, the Owner has requested that the Conditions Of Approval to the
Final Map be amended to allow a lien contract (“Lien Contract”) pursuant to
Government Code Section 66499(a)(4) and La Quinta Municipal Code Section
13.28.030 to replace for a period agreed upon by the City the security currently
provided by the payment and performance bonds under Government Code Section
66499(a)(1) and the Existing SIAs (the “Existing Payment/Performance Bonds”);
and
WHEREAS, the City is authorized to accept the Lien Contract, under the
provisions of Government Code Section 66499(a)(4), La Quinta Municipal Code
Section 13.28.030, and Section 1(E) of City Council Resolution No. 96-27
Director Hearing Resolution No. 2021 – 001
Tract 31732; Project: Bellasara
Second Assignment and Assumption Agreements with Lien Contracts by and among the City of La Quinta, VTL
Palizada, LLC, and Project LQ, LLC
Adopted: March 23, 2021
Page 2 of 5
(“Resolution 96-27”), provided the Conditions Of Approval for the Final Map are
appropriately amended, the findings are made in accordance with Sections 1(E) and
2(B) of Resolution 96-27, and the Existing SIAs are appropriately amended upon
approval of the amendments to the Conditions of Approval; and
WHEREAS, the Director of the Design & Development Department for the City
of La Quinta has the authority to review and approve amendments to final maps
pursuant to La Quinta Municipal Code Section 13.04.060; and
WHEREAS, the Existing SIAs are to be amended to accommodate the
requested ability to use the Lien Contract as temporary substitute security for the
Existing Payment/Performance Bonds by those certain SECOND ASSIGNMENT AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENTS (2) for the OFF-SITE
IMPROVEMENTS and ON-SITE IMPROVEMENTS, substantially in the forms attached
to this Resolution as Exhibits “A” and “B” and attachment thereto (collectively, the
“SIA Second Assignment/Amendments”); and
WHEREAS, it shall be a condition of the amendments to the Conditions Of
Approval that, in any event, the Lien Contract shall be replaced by payment and
performance bonds required under the Conditions Of Approval and Existing SIAs no
later than three (3) years after the date of recordation of the Lien Contract, as set
forth in the SIA Second Assignment/Amendments; and
WHEREAS, a Mitigated Negative Declaration was adopted by the City of La
Quinta City Council on January 20, 2004, under Environmental Assessment 2003-
492. The Design and Development Department has determined that the proposed
project is consistent with this previously approved project, as no changes to the
map itself are proposed; and
WHEREAS, it shall be a further condition of the amendments to the Conditions
Of Approval that the pending Final Tract Map No. 37959-R for reversion to acreage
of the Real Property be held in abeyance by the City but may be recorded if the
Owner fails to replace the Lien Contract with payment and performance bonds as
required by the Conditions Of Approval and Existing SIAs, as set forth in the SIA
Second Assignment/Amendments and this Resolution; and
WHEREAS, the Design and Development Director of the City of La Quinta,
California did, on the March 23, 2021, hold a duly noticed Public Hearing to consider
a request by Project LQ, LLC for an amendment to the final map; and
WHEREAS, the Design and Development Department published a public
hearing notice in The Desert Sun newspaper on March 13, 2021 as prescribed by
the Municipal Code. Public hearing notices were also mailed to all property owners
within 500 feet of the site; and
Director Hearing Resolution No. 2021 – 001
Tract 31732; Project: Bellasara
Second Assignment and Assumption Agreements with Lien Contracts by and among the City of La Quinta, VTL
Palizada, LLC, and Project LQ, LLC
Adopted: March 23, 2021
Page 3 of 5
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Design
and Development Director confirmed it has met all requirements from La Quinta
Municipal Code Chapter 13.20 Final Maps and Parcel Maps.
NOW THEREFORE, THE DIRECTOR OF THE DESIGN & DEVELOPMENT
DEPARTMENT OF THE CITY OF LA QUINTA HEREBY RESOLVES AS FOLLOWS:
SECTION 1.The Recitals and findings therein are true and correct and
incorporated by reference into this Resolution.
SECTION 2.The Final Map Conditions of Approval are hereby amended to read
as follows:
A new Condition 36.A is added to read as follows:
36.A.1. Upon the approval of the resolution adopting this condition, a lien contract
(“Lien Contract”), executed by the property owner (“Owner”) and recorded in the
Official Records of Riverside County, California, in accordance with Government
Code Section 66499(a)(4), La Quinta Municipal Code Section 13.28.030, and
Section 1(E) of City Council Resolution No. 96-27 (“Resolution 96-27”), may be
used as temporary substitute security for payment and performance bonds
(“Payment/Performance Bonds”) required pursuant to these conditions of approval
and those certain Subdivision Improvement Agreements (2), both dated July 5,
2007, and both as amended on or about August 1, 2017, and both as amended on
or about even date of the resolution adopting this condition by those certain
SECOND ASSIGNMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENTS (2) for the OFF-SITE IMPROVEMENTS and ON-SITE IMPROVEMENTS
(respectively) and attachment thereto (collectively, the “SIAs”). Such a Lien
Contract may serve as temporary substitute security for a period of not more than
three (3) years from the date of the Lien Contract’s recordation; provided, however,
that if a Lien Contract is executed and recorded, then prior to the issuance of any
permit, including a grading or building permit, or the commencement of installation
or construction of any portion of the improvements required by the SIAs, whichever
occurs first, the Owner shall procure and post for the benefit of the City the
Payment/Performance Bonds required pursuant to these conditions of approval and
the SIAs in amounts satisfactory to the City; and provided further that, in any event,
the Lien Contract shall be replaced by the Payment/Performance Bonds required
pursuant to these conditions of approval and the SIAs in amounts satisfactory to
the City no later than three (3) years after the date of the Lien Contract’s
recordation.
36.A.2. Pursuant to Government Code Section 66499(a)(4), La Quinta Municipal
Code Section 13.28.030, and Section 1(E) of Resolution 96-27, the City finds and
determines the following:
Director Hearing Resolution No. 2021 – 001
Tract 31732; Project: Bellasara
Second Assignment and Assumption Agreements with Lien Contracts by and among the City of La Quinta, VTL
Palizada, LLC, and Project LQ, LLC
Adopted: March 23, 2021
Page 4 of 5
a.It would not be in the public interest to require the installation of the
required improvement[s] subject to the security provided by the Lien
Contract sooner than two years after the recordation of the Amended Final
Map;
b.The lien provides at least three (3) times the value of the estimated costs
of the improvements secured by the Lien Contract and includes the power
of sale of the real property, and all buildings and improvements thereon or
that may be erected upon or made thereto, together with all hereditaments
and appurtenances thereunto belonging, or in any wise appertaining, and
the reservations, remainders, rents, issues, and profits thereof.
c.The collateral value of the real property has been established to the
satisfaction of the City based on an appraisal approved by the City.
36.A.3. For as long as the Lien Contract is and remains recorded against the real
property, the Owner shall have the obligation to pay the City the administration fee
established pursuant to Section 2(B) of Resolution 96-27, as such fee may be
calculated and invoiced by the City to the Owner.
A new Condition 36.B is added to read as follows:
36.B. In the event the Owner fails to replace the Lien Contract with the
Payment/Performance Bonds by the third anniversary of the date of recording the
Lien Contract (as those terms are defined in Condition 36.A above), the City may
record the pending Final Tract Map No. 37959-R, providing for reversion to acreage
of the real property subject to the Amended Final Map.
SECTION 3.The Existing SIAs are hereby amended by the SIA Second
Assignment/Amendments, and are hereby incorporated into this Resolution by this
reference.
SECTION 4.The City Manager, or authorized designee, is hereby authorized, on
behalf of the City to execute the SIA Second Assignment/Amendments, and to take
any required actions to carry out the terms of this Resolution.
ADOPTED THIS 23RD DAY OF MARCH 2021, BY THE DIRECTOR OF THE DESIGN
AND DEVELOPMENT DEPARTMENT OF THE CITY OF LA QUINTA.
_________________________
DANNY CASTRO
Design and Development Director
City of La Quinta, California
Director Hearing Resolution No. 2021 – 001
Tract 31732; Project: Bellasara
Second Assignment and Assumption Agreements with Lien Contracts by and among the City of La Quinta, VTL
Palizada, LLC, and Project LQ, LLC
Adopted: March 23, 2021
Page 5 of 5
ATTEST
________________________
Monika Radeva, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
_________________________
William H. Ihrke, City Attorney
City of La Quinta, California
________________________
Willi m HIhkeCit Atto ne
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