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2021 03 23 DHDIRECTOR’S HEARING 1 MARCH 23, 2021 SPECIAL MEETING NOTICE AND CALL OF DIRECTOR’S HEARING SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Director’s Hearing Special Meeting is hereby called to be held on Tuesday, March 23, 2021, at 3:00 p.m., at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253. Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, and N-60-20 executed by the Governor of California, in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Additionally, pursuant to the above-referenced executive orders, members of the public temporarily are not permitted to physically attend at City Hall the meeting to which this agenda applies, but any member of the public may listen or participate in the open session of this meeting as specified below. Members of the public wanting to listen to this meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the Design and Development Director, either for public comment or for a specific agenda item, or both, are requested to send email notification to Administrative Technician Tania Flores, at TFlores@LaQuintaCA.gov, by 1:00 p.m. on the day of the meeting, and specify the following information: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written or Telephonic Verbal Comments The email “subject line” must clearly state “Written Comments” or “Telephonic Verbal Comments.” DIRECTOR’S HEARING 2 MARCH 23, 2021 SPECIAL MEETING The special meeting is called for the following purpose: PUBLIC HEARING 1. ADOPT A RESOLUTION FOR AMENDED FINAL TRACT MAP 2021-0001 (TRACT MAP 31732 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 2003-492; LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE STREET 2. 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 Dated: March 18, 2021 /s/Danny Castro_______________ DANNY CASTRO, Director Design and Development Department Attest: ____________________ TANIA FLORES, Administrative Technician DECLARATION OF POSTING I, Tania Flores, Administrative Technician of the City of La Quinta, do hereby declare that the foregoing notice for the Director’s Hearing special meeting of March 23, 2021, was posted on the outside entry to the Council Chamber at 78495 Calle Tampico and on the bulletin boards at 51321 Avenida Bermudas and 78630 Highway 111 on March 18, 2021. ____________________ TANIA FLORES, Administrative Technician DIRECTOR’S HEARING MARCH 23, 2021 SPECIAL MEETING   Director’s Hearing Agendas and staff reports are now available on the City’s web page: www.laquintaca.gov DIRECTOR’S HEARING AGENDA LA QUINTA CITY HALL 78495 Calle Tampico, La Quinta SPECIAL MEETING TUESDAY, MARCH 23, 2021 AT 3:00 P.M. ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, and N-60-20 executed by the Governor of California, in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Additionally, pursuant to the above-referenced executive orders, members of the public temporarily are not permitted to physically attend at City Hall the meeting to which this agenda applies, but any member of the public may listen or participate in the open session of this meeting as specified below. Members of the public wanting to listen to this meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the Design and Development Director, either for public comment or for a specific agenda item, or both, are requested to send email notification to Administrative Technician Tania Flores, at TFlores@LaQuintaCA.gov, and specify the following information: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written or Verbal Comments 1 DIRECTOR’S HEARING MARCH 23, 2021 SPECIAL MEETING The email “subject line” must clearly state “Written Comments” or “Verbal Comments.” Verbal public comments – requests to speak must be emailed to Administrative Technician Tania Flores at the email address provided above, no later than 1:00 p.m. on the day of the meeting; the City will facilitate the ability for a member of the public to be audible to the Director and general public for the item(s) requested by contacting him/her via phone and queuing him/her to speak during the discussion. Only one person at a time may speak by telephone and only after being recognized by the Director. Written public comments must be emailed to Administrative Technician Tania Flores at the email address provided above no later than 1:00 p.m. on the day of the meeting, and will be distributed to the Director, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Director, a brief summary of any public comment is asked to be read, to the extent City staff can accommodate such request. ****************************** CALL TO ORDER PLEDGE OF ALLEGIANCE CONFIRMATION OF AGENDA PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Please email written public comments or requests to provide verbal public comments via teleconference to Administrative Technician Tania Flores at TFlores@LaQuintaCA.gov and limit your comments to three (3) minutes (approximately 350 words). The Director values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda. PUBLIC HEARINGS For all Public Hearings on the agenda, members of the public may appear before the Director and be heard in support or opposition of the contemplated actions listed below by providing verbal comments via teleconference accommodations or may submit written comments to the Director before the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. 2 DIRECTOR’S HEARING MARCH 23, 2021 SPECIAL MEETING PUBLIC HEARINGS PAGE 1. ADOPT A RESOLUTION FOR AMENDED FINAL TRACT MAP 2021-0001 (TRACT MAP 31732 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 2003-492; LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE STREET 5 2. 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 29 ADJOURNMENT DECLARATION OF POSTING I, Administrative Technician Tania Flores of the City of La Quinta, California do hereby declare that the foregoing Agenda for the Director’s Hearing special meeting was posted on the outside entry to the Council Chamber at 78495 Calle Tampico, and the bulletin boards at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on March 18, 2021. DATED: March 18, 2021 TANIA FLORES, Administrative Technician City of La Quinta, California 3 DIRECTOR’S HEARING MARCH 23, 2021 SPECIAL MEETING PUBLIC NOTICES  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at (760) 777-7023, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the Director, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at (760)777-7023. A one (1) week notice is required.  If background material is to be presented to the Director during a Director’s Hearing, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Associate Planner for distribution. It is requested that this takes place prior to the beginning of the meeting.  Any writings or documents provided to the Director regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 4 City of La Quinta DIRECTOR’S HEARING: MARCH 23, 2021 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION FOR AMENDED FINAL TRACT MAP 2021-0001 (TRACT MAP 31732 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 2003-492; LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE STREET APPLICANT/OWNER: PROJECT LQ, LLC REQUEST: AMEND FINAL TRACT MAP 31732 TO CHANGE CONDITIONS OF APPROVAL REGARDING BOND REQUIREMENTS CEQA: A MITIGATED NEGATIVE DECLARATION WAS ADOPTED FOR THIS PROJECT UNDER ENVIRONMENTAL ASSESSMENT 2003-492 LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE ST LEGAL: APN: 764-810-001 THROUGH 079, 764-820-001 THROUGH 077, and 764-830-001 THROUGH 078 RECOMMENDATION Adopt a resolution to approve Amended Final Tract Map 31732 (AFTM 2021-0001) and find the project consistent with Environmental Assessment 2003-492. EXECUTIVE SUMMARY •Tract Map 31732 was approved in 2006 and subsequently amended in 2007 and 2015 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 31732 was approved in 2006 as the 40.4-acre northern half of the single-family residential project, located on the southeast corner of Avenue 60 and Monroe Street (Attachment 1). This map was amended in both 2007 and 2015 (Attachment 2). The southern half of the project was approved under Tract Map 31733. PUBLIC HEARING NO. 1 5 The Applicant/Owner made a request to modify the conditions of approval regarding the bond requirements that are a part of the conditions of approval 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. 37959-R, providing for reversion to acreage of project site (Attachment 3). Final Tract Map No. 37959-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 2003-492. 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. Report prepared by: Carlos Flores, Senior Planner Report reviewed by: Cheri Flores, Planning Manager Attachments: 1. Vicinity Map 2. Tract Map 31732 3. Tract Map 37959-R 6 1 RESOLUTION NO. 2021-XXXX A RESOLUTION OF THE DIRECTOR OF THE DESIGN & 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 July 5, 2007, in Book 423 pages 48-60 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 7 2 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 (“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 8 3 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: 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 9 4 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 & DEVELOPMENT DEPARTMENT OF THE CITY OF LA QUINTA. _________________________________ Danny Castro, Design and Development Director ATTEST ________________________ Monika Radeva, City Clerk 10 5 APPROVED AS TO FORM: _________________________ William H. Ihrke, City Attorney 11 ATTACHMENT 1 12 ATTACHMENT 2 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTACHMENT 3 26 27 28 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 29 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 30 1 RESOLUTION NO. 2021-XXXXX A RESOLUTION OF THE DIRECTOR OF THE DESIGN & DEVELOPMENT DEPARTMENT OF THE CITY OF LA QUINTA AMENDING THE AMENDED FINAL MAP FOR TRACT NO. 31733 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. 31733 (“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 July 5, 2007, in Book 423 pages 61-72 of said county; and WHEREAS, the Original Tract Map was amended 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”); and WHEREAS, the owner of the real property described by the Final Map (“Real Property”) is Project LQ, LLC, a California limited liability company (“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 31 2 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 (“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. 37960-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 32 3 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: 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 33 4 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. 37960-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 & DEVELOPMENT DEPARTMENT OF THE CITY OF LA QUINTA. __________________________________ Danny Castro, Design and Development Director ATTEST ________________________ Monika Radeva, City Clerk 34 5 APPROVED AS TO FORM: _________________________ William H. Ihrke, City Attorney 35 ATTACHMENT 1 36 ATTACHMENT 2 37 38 39 40 41 42 43 44 45 46 47 48 ATTACHMENT 3 49 50 51 52 POWERPOINTS DIRECTOR’S HEARING MARCH 23, 2021 Director's Hearing March 23, 2021 1 Director’s Hearing March 23, 2021 Director’s Hearing March 23, 2021 PH1 – AFTM 2021-0001 (TRACT MAP 31732 AMENDMENT) 1 2 Director's Hearing March 23, 2021 2 Background •Tract Map 31732 was approved in 2006 as ~40 acre northern half of residential project •Project has not developed Vicinity Map 3 4 Director's Hearing March 23, 2021 3 TTM 31732 Analysis •Applicant has proposed revision to COAs as follows: –Execute lien contract as substitute for payment and performance bonds –Serve as substitute for max 3 years 5 6 Director's Hearing March 23, 2021 4 Analysis •If owner fails to replace lien contract w/ bonds at end of three (3) year period, City may record reversion to acreage map (TM 37959-R) •Proposal makes no changes to map or other COAs TTM 37959-R 7 8 Director's Hearing March 23, 2021 5 Analysis •City staff, including City Engineer and City Attorney, reviewed Recommendation •Adopt resolution approving Amended Final Tract Map 2021-0001 (TM 31732 Amendment) subject to 9 10 Director's Hearing March 23, 2021 6 Director’s Hearing March 23, 2021 PH2 – AFTM 2021-0002 (TM 31733 AMENDMENT) 11 12 Director's Hearing March 23, 2021 7 Background •Tract Map 31733 was approved in 2006 as ~33 acre southern half of residential project •Project has not developed Vicinity Map 13 14 Director's Hearing March 23, 2021 8 TTM 31733 Analysis •Applicant has proposed same revision to COAs as TM 31732: –Execute lien contract as substitute for payment and performance bonds –Serve as substitute for max 3 years 15 16 Director's Hearing March 23, 2021 9 Analysis •If owner fails to replace lien contract w/ bonds at end of three (3) year period, City may record reversion to acreage map (TM 37960-R) •Proposal makes no changes to map or other COAs TTM 37960-R 17 18 Director's Hearing March 23, 2021 10 Analysis •City staff, including City Engineer and City Attorney, reviewed Recommendation •Adopt resolution approving AFTM 2021- 0002 (TM 31733 AMENDMENT) 19 20 Director's Hearing March 23, 2021 11 21