2021 - 31732 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. 31732 (“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 22-33 of said county;
C. The Original Tract Map for the Property was amended by the Design and
Development Director at its Director’s Hearing 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”).
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)”).
E. City is authorized to accept the security proposed by Owner, known as a lien
contract, under the provisions of Government Code Section 66499(a)(4), La Quinta Municipal
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EXHIBIT “A”
Legal Description of the Real Property
LOTS 1 THROUGH 12, INCLUSIVE, 14 THROUGH 196, INCLUSIVE, AND LETTER LOTS
"A" THROUGH "Z", INCLUSIVE AND "AA THROUGH "QQ", INCLUSIVE OF AMENDED
NO. 2 TRACT NO. 31732, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 456 PAGES 97 THROUGH 106,
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 764-810-001 THROUGH 764-810-052 AND 764-810-063 THROUGH 764-810-076
AND 764-820-001 THROUGH 764-820-077 AND 764-830-001 THROUGH 764-830-078
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
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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
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ATTACHMENT 1
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ATTACHMENT 2
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ATTACHMENT 3
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