LLQC 2024-0003 Madison St 51555 Council Staff Rpt 2024-03-19PUBLIC HEARING ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING March 19, 2024
STAFF REPORT
AGENDA TITL : ADOPT RESOLUTION TO APPROVE THE PROPERTY LOCATED
AT 51555 MADISON STREET AS A QUALIFIED AND CERTIFIED LARGE LOT
PURSUANT TO SECTION 3.25.057 OF THE LA QUINTA MUNICIPAL CODE
RECOMMENDATION
Adopt a resolution to approve the property located at 51555 Madison Street as a Qualified
and Certified Large Lot pursuant to Section 3.25.057 of the La Quinta Municipal Code.
EXECUTIVE SUMMARY
• Effective May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC)
established a ban on the issuance of new short-term vacation rental (STVR) permits
for properties located within non-exempt areas in the city.
• Effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties
may apply for and be approved as a "Qualified and Certified Large Lot," as defined,
and shall be exempted from the ban on the issuance of new STVR permits in non-
exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are
met.
• The property located in mid La Quinta, at 51555 Madison Street (Property), as
depicted in the enclosed vicinity map as Attachment 1, seeks exemption from the
ban and has met all required criteria for a Qualified and Certified Large Lot.
FISCAL IMPHV i
If the Property is approved as Qualified and Certified Large Lot, it will be eligible to obtain
an STVR permit, which would generate 10% transient occupancy tax for the City on STVR
stays in accordance with Chapter 3.24 of the LQMC.
BACKGROUND/ANALYSIS
The City has the authority to regulate residential uses operating within the city. LQMC
Chapter 3.25 regulates the City's STVR Program, including but not limited to STVR
permitted uses, STVR processing and permitting procedures, and other related STVR
requirements, violations, and fines.
347
Effective May 20, 2021, Section 3.25.055 of the LQMC established a ban on the issuance
of new STVR permits for properties located within non-exempt areas in the city.
Effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties may
apply for and be approved as a "Qualified and Certified Large Lot," as defined, and shall
be exempted from the ban on the issuance of new STVR permits in non-exempt areas as
set forth in Section 3.25.055 of the LQMC, if certain criteria are met.
The Property submitted a Qualified and Certified Large Lot application (LLQC 2024-0003)
seeking exemption from the ban, and has met all required criteria as follows:
1) The Property has a "Lot Area," as defined, comprised of a single parcel of 9.25
acres, or 402,930 square feet, as shown in the enclosed Riverside County Parcel
Report included as Attachment 2, which is greater than the Lot Area requirement
of no less than 25,000 square feet pursuant to Section 3.25.057(A)(1) of the
LQMC.
2) The Property has an existing main dwelling and two (2) accessory dwelling units,
with a combined total of 5,553 square feet, between all three units, of living area
available for use.
3) The total number of approved bedrooms shall be established at the issuance of an
STVR permit, and shall be verified at least annually during the STVR permit
renewal. Riverside County Assessor records show there are two (2) bedrooms in
the main dwelling for this Property; and five (5) additional bedrooms between the
two (2) accessory dwelling units on the parcel, which are presently under review
to verify compliance with current building code regulation and permitting, and if
confirmed, would increase the total number of bedrooms to seven (7) amongst all
existing dwellings on the parcel.
4) The Property shall be subject to the allowed daytime and overnight occupancy
limits established pursuant to Section 3.25.070(B) of the LQMC based on the
approved number of bedrooms upon issuance of an STVR permit. For reference,
a 7 -bedroom property, which would be the maximum number of bedrooms that
could potentially be approved for this Property, is allowed 14 overnight occupants,
and 14 to 20 daytime occupants.
5) The Property is located in mid La Quinta, and is not within a residential project
governed by a homeowners' association (HOA), and there are no applicable HOA
conditions, covenants, and restrictions (CC&Rs) or any other applicable governing
documents that may restrict the use of the Property as an STVR unit,
6) The use of the Property as an STVR unit is not prohibited or otherwise inconsistent
with any recorded instruments governing the use of the Property.
348
7) On-site inspection of the Property was conducted on March 6, 2024, (the
inspection report is enclosed as Attachment 3) by the City's Municipal Code
Compliance Office to verify:
a. The locations of outdoor gathering/living spaces and entertainment areas,
including but not limited to any pool(s), spa(s), BBQ areas, courtyard(s), and
recreational activities (such as games — putting green, corn hole, ping-pong
table, croquet, basketball hoop, etc.) are as shown in enclosed "Exhibit A —
Site and Parking Plan" to the Resolution; and the physical distance and their
proximity to neighboring properties is unlikely to cause a disturbance.
b. There is adequate on-site parking for use of the Property as an STVR unit,
in accordance with Section 3.25.050(F) of the LQMC, as shown in enclosed
"Exhibit A — Site and Parking Plan" to the Resolution — four (4) parking
spaces would be required for this Property based on the allowed number of
overnight guests, if an STVR permit were to be issued for the possible
maximum seven (7) bedrooms; and the City's Good Guest and Good
Neighbor brochures recommend six (6) parking spaces. This Property does
not have a garage and street parking is not available, however, it is located
behind a private gate, and can accommodate three (3) cars in the driveway
from the gate to the main dwelling, and has a large parking area at the
bottom of the property, which exceed both, the required and recommended
parking.
8) The single parcel is not, nor will the single parcel ever be for the duration of the
Property's approval as a Qualified and Certified Large Lot, subject to a subdivision,
lot -line adjustment, lot merger, or any other alteration of the single parcel under
the Subdivision Map Act in Division 2 (commencing with Section 64410) of Title 7
of the California Government Code or under Title 13 of the LQMC, which would
result in the single parcel no longer being in compliance with the original approval
by the City under Section 3.25.057 of the LQMC pursuant to the proposed
Resolution.
9) Council authorizes the City Manager, or designee(s), to prepare a land use
covenant (the "Notice, Agreement, and Covenant Affecting Real Property"),
enclosed as Attachment 4, in a form approved by the City Attorney and executed
by the owner of the Property, memorializing the terms and conditions applicable to
the Property, for the duration of the Property's approval as a Qualified and Certified
Large Lot for use as an STVR unit, with said land use covenant to include the
proposed Resolution granting Council approval of the Property as Qualified and
Certified Large Lot, along with all exhibits, and conditions of approval, if any,
imposed by Council at the public hearing. The executed land use covenant shall
be recorded against the Property in the Riverside County Recorder's Office no
later than sixty (60) days after the adoption of the proposed Resolution, or such
later date as may be mutually agreed upon by the owner of the Property and the
City Manager.
349
10) There are a total of six (6) active STVR permits within a 500 -foot radius from the
Property as of this writing; the parcels are highlighted and shown in the site map
included as Attachment 5.
The Property was previously permitted as an STVR (from 2019 to 2020), however, the
STVR permit was not renewed in 2020 as the Property was under remodeling, which was
followed by the stay-at-home order issued by the Governor of California due to COVID-19
pandemic, and the City's temporary moratorium on the issuance of new STVR permits via
Executive Order No. 10 on August 4, 2020, and extended by succeeding amendments; and
subsequently codifying the ban effective May 20, 2020. The Property is currently being
rented long-term and is managed by Robert Conrad of Escape Vacation Homes. There is
no record of any disturbance complaints for this Property with the City.
AGENCY AND PUBLIC REVIEW
Public Hearing Notice
This item was advertised in The Desert Sun newspaper on March 8, 2024; and public
hearing notices were mailed to all property owners within 500 feet of the Property.
ENVIRONMENTAL REVIEW
The Design and Development Department has determined this project to be exempt from
environmental review pursuant to California Environmental Quality Action Section
15061(b)(3) — Common Sense Exemption and Section 15301 — Existing Facilities.
ALTERNATIVES
Council may elect not to adopt the proposed Resolution and not to approve the Property
as a Qualified and Certified Large Lot.
Prepared by:
Approved by:
Lori Lorett, Senior Permit Technician
Monika Radeva, City Clerk
Attachments: 1. Vicinity Map, including 500 -foot radius
2. Riverside County Parcel Report
3. Property Inspection Report, dated March 6, 2024
4. Notice, Agreement, and Covenant Affecting Real Property
5. Site map of active STVR permits within 500 ft from the Property
350
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING THE
PROPERTY LOCATED AT 51555 MADISON STREET, LA
QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR
PARCEL NUMBER 777-030-006, AS A "QUALIFIED AND
CERTIFIED LARGE LOT" PURSUANT TO SECTION
3.25.057 OF THE LA QUINTA MUNICIPAL CODE
CASE NUMBER:
LARGE LOT QUALIFIED AND CERTIFIED 2024-0003
APPLICANT: ROBERT CONRAD
OWNER: ALAM KHAN / DALIA K PROPERTIES & HOLDINGS, LLC
WHEREAS, the City has the authority to regulate residential uses, including
STVR uses, operating within the City; and
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates
short-term vacation rentals (STVRs) in the City, including but not limited to STVR
permitted uses, STVR processing and permitting procedures, and other related STVR
requirements, violations, and fines; and
WHEREAS, effective May 20, 2021, Section 3.25.055 of the LQMC established a
ban on the issuance of new STVR permits for properties located within non-exempt
areas in La Quinta; and
WHEREAS, effective January 4, 2024, Section 3.25.057 of the LQMC provides
that properties may apply for and be approved as a "Qualified and Certified Large Lot,"
as defined, and shall be exempted from the ban on the issuance of new STVR permits
in non-exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are
met; and
WHEREAS, the City Council of the City of La Quinta, California, did, on March
19, 2024, hold a duly noticed Public Hearing to consider a request for approval of the
property located in mid La Quinta at 51555 Madison Street, La Quinta, California (the
"Property"), as a "Qualified and Certified Large Lot," as defined, in accordance with
LQMC Section 3.25.057; and
WHEREAS, the City published a public hearing notice in The Desert Sun
newspaper on March 8, 2024, as prescribed by the LQMC and State Planning and
Zoning Law (Gov. Code Section 65000 et seq.); public hearing notices were also mailed
to all property owners within 500 feet of the Property; and
351
Resolution No. 2024 — XXX
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 2 of 4
WHEREAS, upon hearing and considering all testimony and arguments, the City
Council approves the Property as a Qualified and Certified Large Lot for the following
reasons:
1) The Property has a "Lot Area," as defined, comprised of a single parcel of 9.25
acres, or 402,930 square feet, which is greater than the Lot Area requirement of
no less than 25,000 square feet pursuant to Section 3.25.057(A)(1) of the LQMC;
and
2) The Property has an existing main dwelling and two (2) accessory dwelling units,
with a combined total of 5,553 square feet, between all three units, of living area
available for use; and
3) The total number of approved bedrooms shall be established at the issuance of
an STVR permit, and shall be verified at least annually during the STVR permit
renewal. Riverside County Assessor records show there are two (2) bedrooms in
the main dwelling for this Property; and five (5) additional bedrooms between the
two (2) accessory dwelling units on the parcel, which are presently under review
to verify compliance with current building code regulation and permitting, and if
confirmed, would increase the total number of bedrooms to seven (7) amongst all
existing dwellings on the parcel; and
4) The Property shall be subject to the allowed daytime and overnight occupancy
limits established pursuant to Section 3.25.070(B) of the LQMC based on the
approved number of bedrooms; and
5) The Property is located in mid La Quinta, and is not within a residential project
governed by a homeowners' association (HOA), and there are no applicable
HOA conditions, covenants, and restrictions (CC&Rs) or any other applicable
governing documents that may restrict the use of the Property as an STVR unit;
and
6) The use of the Property as an STVR unit is not prohibited or otherwise
inconsistent with any recorded instruments governing the use of the Property;
and
7) On-site inspection of the Property was conducted on March 6, 2024, by the City's
Municipal Code Compliance Office to verify:
a. The locations of outdoor gathering/living spaces and entertainment areas,
including but not limited to any pool(s), spa(s), BBQ areas, courtyard(s),
and recreational activities (such as games — putting green, corn hole,
ping-pong table, croquet, basketball hoop, etc.) are as shown in enclosed
"Exhibit A — Site and Parking Plan," incorporated herewith by this
352
Resolution No. 2024 — XXX
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 3 of 4
reference; and the physical distance and their proximity to neighboring
properties is unlikely to cause a disturbance; and
b. There is adequate on-site parking for use of the Property as an STVR unit,
in accordance with Section 3.25.050(F) of the LQMC, as shown in
enclosed "Exhibit A — Site and Parking Plan," incorporated herein by this
reference. The Property does not have a garage and street parking is not
available, however, it is located behind a private gate, and can
accommodate three (3) cars in the driveway from the gate to the main
dwelling, and has a large parking area at the bottom of the property; and
8) The single parcel is not, nor will the single parcel ever be for the duration of the
Property's approval as a Qualified and Certified Large Lot, subject to a
subdivision, lot -line adjustment, lot merger, or any other alteration of the single
parcel under the Subdivision Map Act in Division 2 (commencing with Section
64410) of Title 7 of the California Government Code or under Title 13 of the
LQMC, which would result in the single parcel no longer being in compliance with
the original approval by the City under Section 3.25.057 of the LQMC pursuant to
this Resolution; and
9) The City Council does hereby authorize the City Manager, or designee(s), to
execute a land use covenant (the "Notice, Agreement, and Covenant Affecting
Real Property"), in a form approved by the City Attorney and executed by the
owner of the Property, memorializing the terms and conditions applicable to the
Property, for the duration of the Property's approval as a Qualified and Certified
Large Lot for use as an STVR unit, with said land use covenant to include this
Resolution, along with all Exhibits, and Conditions of Approval, if any, imposed
by the City Council at the public hearing. The executed land use covenant shall
be recorded against the Property in the Riverside County Recorder's Office no
later than sixty (60) days after the adoption of this Resolution, or such later date
as may be mutually agreed upon by the owner of the Property and the City
Manager.
10) There are a total of 6 active STVR permits within a 500 -foot radius from the
Property as of this writing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The foregoing recitals are true and correct, and constitute the
findings of the City Council in this case, and are incorporated herein by this reference.
SECTION 2. The City Council does hereby approve the Property as a Qualified
and Certified Large Lot pursuant to Section 3.25.057 of the LQMC.
353
Resolution No. 2024 — XXX
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 4 of 4
SECTION 3. This Resolution shall go into effect upon adoption and the City
Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 19th day of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
354
N
0 250 500
Feet
Large Lot Inventory
Parcel Information
Address: 51555 Madison Street
APN: 777-030-006
Size: Approx. 402,355 square feet
addei
CALIFORNIA
356
ATTACHMENT 2
Riverside County Parcel Report
Summary Report
777030006, 777030006, 777030006
DISCLAIMER
Maps, permit information and data are to be used for reference purposes only. Map features are approximate, and are
not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee
as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and
assumes no legal responsibility for the information contained on this map. Any use of this product with respect to
accuracy and precision shall be the sole responsibility of the user.
ASSESSOR DATA
APN
Previous APN
Address
Lot Size
Legal Description
Recorded Book/Page: MB 88/42
Subdivision: TR 6682
Property Characteristics
777-030-006-6
769120004,769120005,769120026,769
120028,76, more
51555 MADISON ST, LA QUINTA CA
92253
9.25
Owner Name(s)
Mailing Address
NOT AVAILABLE ONLINE
51555 MADISON ST, LA QUINTA CA
92253
Lot/Parcel: 3
Block:
Year Constructed: 1950 Property Area (sq ft): 3185 sq ft.
Stories: 1 Construction Type: Wood or Light Steel (D)
Baths: 2 Roof Type: Tile/Slate
Bedrooms: 2 Garage Type:
Tract Number:
Pool: YES
Central Cool: YES
Central Heat: YES
APN 777-030-006-6 Owner Name(s) NOT AVAILABLE ONLINE
Previous APN 769120004,769120005,769120026,769 Mailing Address 51555 MADISON ST, LA QUINTA CA
120028,76, more 92253
Address 51555 MADISON ST, LA QUINTA CA
92253
Lot Size 9.25
Legal Description
Recorded Book/Page: MB 88/42 Lot/Parcel: 3 Tract Number:
Subdivision: TR 6682 Block:
Property Characteristics
Year Constructed: 1970 Property Area (sq ft): 1408 sq ft. Pool: YES
Stories: 1 Construction Type: Wood or Light Steel (D) Central Cool: NO
Baths: 1 Roof Type: Central Heat: NO
Bedrooms: 2 Garage Type:
APN 777-030-006-6 Owner Name(s) NOT AVAILABLE ONLINE
Previous APN 769120004,769120005,769120026,769 Mailing Address 51555 MADISON ST, LA QUINTA CA
120028,76, more 92253
Address 51555 MADISON ST, LA QUINTA CA
92253
Lot Size 9.25
Report printed on Monday, January 8, 2024 09:50 AM Version 1 20230207 Page 1/3
357
Legal Description
Recorded Book/Page: MB 88/42
Subdivision: TR 6682
Property Characteristics
Year Constructed: 1970
Stories: 1
Baths: 1
Bedrooms: 3
Lot/Parcel: 3
Block:
Property Area (sq ft): 960 sq ft.
Construction Type: Wood or Light Steel (D)
Roof Type: Rock/Composite
Garage Type:
Tract Number:
Pool: YES
Central Cool: YES
Central Heat: YES
PARCEL DATA
City Boundary
Supervisorial District
General Plan Policy Areas
General Plan Policy Overlays
Land Use Designations
Specific Plans
Zoning Classifications (ORD. 348)
LA QUINTA
V MANUEL PEREZ, DISTRICT 4
NOT IN A GENERAL PLAN POLICY AREA
NOT IN A GENERAL PLAN POLICY OVERLAY
CITY
NOT IN A SPECIFIC PLAN
Contact the Planning Dept at
https://planning.rctlma.org/Contact-Us for more information
CHECK WITH THE CITY FOR MORE INFORMATION
DEPARTMENT OF ENVIRONMENTAL HEALTH PERMITS
Septic Systems
Record Id Application Date
N/A N/A
Well Water
Record Id
WP0023834
PE
Well Permit -
Individual
Plan Check Approved Date Final Inspection Date
N/A
Permit Paid Date
20 Nov 2013
N/A
Permit Approved Date
19 Nov 2013
Approved Date
N/A
Well Finaled Date
05 Jan 2015
PLUS PERMITS & CASES
Administration Cases
Case
N/A
N/A
Case Description
Building and Safety Cases
Case
BZ189937
BZ189938
Code Cases
Case
N/A
Fire Cases
Case
N/A
Planning Cases
Case
N/A
Case Description
AGRICULTURAL REGISTRATION --8X10 TOOL STORAGE UNIT
ELECTRICAL SERVICE TO AGRICULTURAL BUILDING
N/A
N/A
N/A
Case Description
Case Description Status
N/A
Case Description
Status
N/A
Status
FINAL
FINAL
Status
N/A
Status
N/A
Report printed on Monday, January 8, 2024 09:50 AM Version 1 20230207 Page 2/3 358
Survey Cases
Case
N/A
N/A
Case Description
Status
N/A
Transportation Cases
Case
N/A
N/A
Case Description
Status
N/A
359
Report printed on Monday, January 8, 2024 09:50 AM Version 1 20230207 Page 3/3
ATTACHMENT 3
Short -Term Vacation Rental (STVR) Checklist —
Large Lot Qualified & Certified (LLQC)
Inspection Date: 3/672-11
Inspection Time: ' a
Owner/Authorized Agent Name: Robert Conrad (Property Manager)
Property Address: 51555 Madison Street
No. of Bedrooms:
7
No. of Dwellings at Property:
No. of Parking Spaces Required: 4 (recommended 6)
General Property Information:
3
xf Verify parking plan is accurate and property can accommodate all guest parking
requirements (see attached parking plan)
Parking spaces available:
Garage: N4
Driveway: 3
Street: "//A.
Other: (please specify location) 1'��` S- ��►�- ; �-g C ere* 1:1cM41*, 6 t ee' ter'{`
1 . Verify history of disturbance complaints ed a .1; s-'ur b f_04.-4.3
Verify site plan includes all outdoor areas utilized by guests (see attached site plan)
Af Verify all outdoor gathering areas (including pool/spa), entertainment areas, and
any recreational activities (such as games — corn hole, ping-pong table, croquet,
basketball hoop, etc.) are located in a manner and proximity that is unlikely to
disturb the surrounding properties and neighbors.
Bedrooms & Safety: Fo r p -t 4 r 4 �'/_ 6 n
Cg Bedroom egress — a minimum of 1 opening with the following requirements:
O 44" maximum sill height
• Minimum net clear opening: 5.7 square feet
• Minimum opening height 24"
O Minimum opening width: 20"
360
Bedroom lighting - one wall switch -controlled lighting outlet
(Lighting must be recessed lighting or a switch -controlled fighting receptacle)
Bedroom size - minimum area of 70 square feet, with a minimum of 7 -feet in any
direction
0' Bedroom ceiling - at least 50% of ceiling must be a minimum of 7 -feet in height if
ceiling is different levels
er Smoke alarms within sleeping room(s) and in area(s) outside and adjacent to the
sleeping area(s)
(Alarms must be 120V hard -wired and be interconnected with ail existing smoke alarms
within the dwelling. Remodels can have battery operated alarms)
w Carbon monoxide detection device
(Device must be approved and listed by the State Fire Marshal pursuant to Section 13263,
in each dwelling having a fossil fuel burning heater or appliance, fireplace, or an attached
garage)
Property Inspection Notes:
Berti.t.4 Z dty&IIhe15 t.f 449 ihige' J jIt 104.;i- S, pc, 44., •
▪ V�/Inelat.i de[i�7 Iie+►v1.
pr. el,eg calf Arta rap ;r .. Ce Glc r•M ; �.
-(ArtQer,.ti.11#•-61 Co ek54vM.. 111 - i� 4roteCer rg dwvhll .
• Wer crrAi c pp row. 4 i d S rviz
Owner/Authorized Agent Signature:
Code Compliance Officer Signature:
361
dpi
ATTACHMENT 4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov. Code
§6103 and §27383)
NOTICE, AGREEMENT, AND COVENANT AFFECTING REAL PROPERTY
(City of La Quinta — Qualified and Certified Large Lot)
This AGREEMENT, NOTICE, AND COVENANT AFFECTING REAL
PROPERTY (this "Covenant") is entered into as of the day of , 2024
(the "Effective Date"), by and between the CITY OF LA QUINTA, a California
municipal corporation and charter city ("City"), and Alam Khan, ("Property Owner"),
with reference to the following:
RECITALS
A. Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates
short-term vacation rentals (STVRs) in the City, including but is not limited to
permitted and prohibited uses, STVR processing and permitting procedures, and
other related STVR requirements, violations, and fines.
B. Effective May 20, 2021, Section 3.25.055 of the LQMC established
a ban on the issuance of new STVR permits for properties located within non-
exempt areas of City.
C. Effective January 4, 2024, Section 3.25.057 of the LQMC provides
that a "Qualified and Certified Large Lot," as defined, may be exempted from the
ban on the issuance of new STVR permits if certain criteria are met.
D. Property Owner owns fee title to that certain real property located in
the City of La Quinta, California and more specifically described on Exhibit "A"
which is attached hereto and incorporated herein by this reference (the "Property").
E. Property Owner submitted an application for the City to review,
consider, and approve the Property as a Qualified and Certified Large Lot.
1
362
F. On ,2024, the City Council of the City of La Quinta
adopted Resolution Number 2024 -XXX (the "Resolution") approving the Property
as a Qualified and Certified Large Lot, subject in part to a requirement that the
Property Owner execute this Covenant, which shall be recorded in the Official
Records of Riverside County. The Resolution, including any Conditions of
Approval associated therewith is attached hereto as Exhibit "B" and incorporated
herein by this reference.
G. City and Property Owner now desire to execute this Covenant as a
condition of City's approval in the Resolution that the Property is a Qualified and
Certified Large Lot.
AGREEMENT, NOTICE, AND COVENANT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, the mutual covenants and agreements
contained herein, and other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, the City and Property Owner hereby
agree as follows:
1. EFFECTIVE DATE. This Covenant shall be effective and of full force and
effect upon complete execution by City and Property Owner, which shall be
inserted in the preamble, and shall be perfected as binding against any and all
owners of the Property upon recording in the Official Records of Riverside County.
2. QUALIFIED AND CERTIFIED LARGE LOT.
2.1 Approval Conditional. City's approval in the Resolution that the
Property is a Qualified and Certified Large Lot is contingent on the Property's
compliance with this Covenant, LQMC Section 3.25.057 or successor provisions
as the same may be amended, and the Resolution, including the Conditions of
Approval, if any, set forth in the Resolution (collectively the "Resolution
Conditions"). Property Owner acknowledges that the Property only qualifies as a
Qualified and Certified Large Lot when it meets the Resolution Conditions, and
covenants to keep the Property in compliance with such Resolution Conditions at
all times when the Property is operating as a Qualified and Certified Large Lot. If,
at any point, the Property is out of compliance with the Resolution Conditions, it
shall immediately cease to qualify as a Qualified and Certified Large Lot without
any further action of City.
2.2 Single Lot. Property Owner acknowledges, covenants, and agrees
that the Property is a single parcel and shall remain a single parcel at all times
when the Property is used as a Qualified and Certified Large Lot. In no event shall
the Property be subdivided, merged, subject to a lot -line adjustment, or otherwise
altered in a manner that would result in the Property no longer being a single lot
which complies with the Resolution Conditions. Any subdivision, merger, lot -line
adjustment, or other alteration in violation of this Section 2.2 shall be a violation of
2 363
this Covenant and shall result in immediate disqualification of the Property as a
Qualified and Certified Large Lot.
2.3 STVR Permits Contingent. Property Owner acknowledges and
agrees that any STVR permits granted due to the Property's designation as a
Qualified and Certified Large Lot shall immediately lapse and be void if at any time
the Property ceases to qualify as a Qualified and Certified Large Lot. Operation of
an STVR subject to such a permit shall be a violation of the STVR permit and this
Covenant if the Property does not meet the Resolution Conditions.
3. REMEDIES FOR DEFAULT.
3.1 City's Rights. In the event of failure by Property Owner or any
successor to the Property (or any portion thereof) to perform any material term or
provision of this Covenant, City shall have those rights and remedies provided in
this Covenant and any and all rights and remedies available at law or in equity,
including but not limited to immediate and permanent injunctive relief.
3.2 City's Rights in the Event of Unlawful STVR Operation. Without
limitation to Section 3.1, in the event that Property Owner operates an STVR on
the Property in violation of this Covenant, City's remedies shall include (i)
revocation of the Property's eligibility to operate as a Qualified and Certified Large
Lot, (ii) revocation or termination of any STVR permit granted on the condition that
the Property qualify as a Qualified and Certified Large Lot, and/or (iii) any other
remedy available at law or in equity including under LQMC Chapter 3.25.
4. GENERAL PROVISIONS.
4.1 Notice of Covenant. By executing this Covenant, Property Owner
covenants that it has taken notice of all matters contained herein.
4.2 Amendment and Cancellation. Except as expressly allowed herein,
this Covenant shall not be amended or canceled in whole or in part without the
prior written consent of City.
4.3 Covenant Runs with the Land. This Covenant shall be construed as
a covenant running with the land to the burden of the Property and in favor of City
and its successors in interest. This Covenant shall be binding on Property Owner
and its successors in interest, and any grant, transfer, or conveyance of interest in
the Property shall be and hereby is conditioned on the assumption of this Covenant
in its entirety by the successor in interest.
4.4 Recording. Upon complete execution and notarizing of this
Covenant, City shall cause the Covenant to be recorded in the Official Records of
Riverside County. This Covenant shall have priority over and shall not be made
subordinate to any mortgage, deed of trust, or other encumbrance recorded
against the Property without the expressed written consent of the City. If this
Covenant becomes subordinate to any mortgage, deed of trust, or other
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encumbrance recorded against the Property without the written approval of the
City, and the Property is sold, transferred, or otherwise conveyed by foreclosure
or deed in lieu of foreclosure, the City reserves the right to require the subsequent
owner to re -apply to the City pursuant to Section 3.25.057 (or successor
provisions) for the review and consideration of the Property as a Qualified and
Certified Large Lot.
4.5 Notices. Any approval, disapproval, demand, document or other
notice ("Notice") which either party may desire to give to the other party under this
Covenant must be in writing and shall be sufficiently given if (i) delivered by hand,
(ii) delivered by reputable same-day or overnight messenger service that provides
a receipt showing date and time of delivery, or (iii) dispatched by registered or
certified mail, postage prepaid, return receipt requested, to the principal offices of
City and Property Owner at the addresses specified below, or at any other address
as that party may later designate by Notice:
To City:
City of La Quinta
City Clerk's Office
78495 Calle Tampico
La Quinta, California 92253
Attn: City Manager
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Rd, 9t" Floor
Irvine, California 92612
Attn: William H. Ihrke
To Property Owner: Alam Khan
43910 El Lucero Place
Temecula, CA 92592
With a copy to: Robert Conrad
PO Box 841
Palm Desert, CA 92261
Any written notice, demand or communication shall be deemed received
immediately if personally delivered or delivered by delivery service, and shall be
deemed received on the third day from the date it is postmarked if delivered by
registered or certified mail.
4.6 Non -liability of City Officers and Employees. No official, officer,
employee, agent or representative of City, acting in his/her official capacity, shall
4 365
be personally liable for any loss, costs, damage, claim, liability, or judgment, arising
out of or connection to this Covenant, or for any act or omission on the part of City.
4.7 Covenant Against Discrimination. There shall be no discrimination
against, or segregation of, any person or group or persons on account of race,
color, creed, religion, sex, marital status, national origin or ancestry, or any other
impermissible classification, in the performance of this Covenant. Property Owner
shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, et seq.).
4.8 Attorney's Fees and Costs for Prevailing Party. If there is an action
against one party by reason of the default of any term or condition in this Covenant,
or otherwise arising out of this Covenant, the unsuccessful party shall pay to the
prevailing party its attorney's fees and costs, which shall be payable whether or
not such action is prosecuted to judgment, and shall include fees and costs of
appeal, if any. The term "prevailing party" shall include, without limitation, a party
who obtains substantially the relief sought whether by compromise, settlement or
judgment.
4.9 Severability. If any term or condition of this Covenant is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Covenant shall continue in full force and effect.
4.10 Time. Time is of the essence in the performance of this Covenant
and of each term and condition hereof as to which time is an element.
4.11 Recitals & Exhibits Incorporated. The Recitals to this Covenant and
all of the Exhibits to this Covenant are, by this reference, incorporated into this
Covenant and made a part hereof.
4.12 Authority to Execute; Representations and Warranties. The Property
Owner warrants and represents that (i) Property Owner is duly authorized to
execute and deliver this Covenant, (ii) by executing this Covenant, Property Owner
is formally bound to the provisions of this Covenant, (iii) Property Owner's entering
into and performance of the obligations set forth in this Covenant do not violate
any provision of any other agreement to which Property Owner is bound, and (iv)
there is no existing or threatened litigation or legal proceeding of which the
Property Owner is aware which could prevent Property Owner from entering into
or performing its obligations set forth in this Covenant.
4.13 City Approvals and Actions. The City Manager or authorized
designee shall have the authority to implement this Covenant, including the
authority to negotiate and sign on behalf of the City implementing agreements and
other documents, so long as the substantive provisions of this Covenant are
maintained. All other City approvals and actions shall require at least a majority
vote of the City Council of the City of La Quinta. Nothing in this paragraph prevents
or shall be construed as preventing the City Manager from taking any review,
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approval request, or other action relating to this Covenant to the City Council of
City for its review and action.
4.14 Governing Law. The internal laws of the State of California shall
govern the interpretation and enforcement of this Covenant without regard to
conflicts of law principles. Any action at law or in equity brought by City or Property
Owner for the purpose of enforcing, construing, or interpreting the validity of this
Covenant or any provision hereof shall be brought in the Superior Court of the
State of California in and for the County of Riverside, or such other appropriate
court in said county.
4.15 Counterpart. For convenience, City and Property Owner may
execute and acknowledge this Covenant in counterparts which shall constitute one
and the same complete Covenant.
[end — signature page follows]
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IN WITNESS WHEREOF, City and Property Owner have executed this
Covenant as of the date first indicated in the preamble.
CITY PROPERTY OWNER
CITY OF LA QUINTA, a California
municipal corporation and charter city
City Manager Date: 2 -2_ / - 2 d 2___y -
ATTEST y
ATTEST
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
City Attorney
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368
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Riverside )
On February 21, 2024, before me, LORI FRANCIS LORETT, Notary Public, personally
appeared ALAM KHAN who proved to me on the basis of satisfactory evidence to be the
person) whose namo(s) islaro subscribed to the within instrument, and acknowledged
to me that hcisholthey executed the same in hiss" ;oir authorized capacityiies), and
that by his/her/their signature f&) on the instrument the personfe), or the entity upon behalf
of which the personfs3 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
DOCUMENT:
LORI FRANC1S LORETT
Notary Public • Caiifornia
Riverside County
Commission k 2396191
my Comm. Expires Om 8, 2026
(notary seal)
Notice, Agreement, and Covenant Affecting Real Property (City of La Quinta — Qualified
and Certified Large Lot) — 51555 Madison Street
369
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 3 OF TRACT NO. 6682, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 88,
PAGES 42, AND 43 OF MAPS, IN THE IN THE OFFICE OF THE COUNTY OF
RIVERSIDE RECORDER OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 777-030-006
EXHIBIT "A" 370
EXHIBIT "B"
COUNCIL RESOLUTION AND CONDITIONS OF APPROVAL
[Attach signed Resolution and Conditions of Approval, if any.]
EXHIBIT "B" 371
VIA GLORIETA
VIA IRAN I UILA
50(Y Radius Map
51555 Madison 5t
La Quinta CA
APN(s) 777030006
Prepared 2/13/2024
by Express Mapping
1 inch = 300 feet
N
(7/
ATTACHMENT 5
ACTIVE STVR PERMITS
779v5m
LIMBUS WAY
372