make the following mandatory findings contained in Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit:
1. The proposed development is consistent with the General Plan land use designation of Very Low Density Residential. The project consists of highquality design that complements and enhances the City.
2. The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code in terms of architectural style and landscaping. The project design utilizes varying roof lines and wall depths, along with a complementary color palette.
3. The Design and Development Department has determined that this project has been previously studied under, and is consistent with, Environmental Assessment 2003-495, and no further environmental review is required.
4. The architecture and layout of the project are compatible with, and not detrimental to, the existing surrounding residential land uses and are consistent with the development standards in the Municipal Code.
5. The site design of the project is compatible with surrounding development and with the quality of design prevalent in the city.
6. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The landscape palette is consistent with the City’s drought-tolerant landscaping requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case.
SECTION 2. That the above project is consistent with Environmental Assessment 2003- 495.
SECTION 3. That the City Council hereby does approve Site Development Permit 2024- 0001 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A].
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on January 21, 2025, by the following vote:
344 CLICK HERE to Return to Agenda
Resolution No. 2025 – XXX
Site Development Permit 2024-0001
Project: Bravo Estates
Location: Northwest Corner of Avenue 52 and Madison Street Adopted: January 21, 2025
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Clerk
City of La Quinta, California
345 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX EXHIBIT A
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 1 OF 14
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (“City”), its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit or the Project. The City shall have sole discretion in selecting its defense counsel. No later than thirty (30) days after approval of this Site Development Permit, the applicant shall execute, have notarized, and deliver to the City an indemnification agreement (with a release of claims against the City) in a recordable form approved by the City Manager and City Attorney, memorializing applicant’s obligations under this condition of approval. The indemnification agreement shall be recorded against all residential (numbered) lots in the subdivision, and any successor in interest to any one, multiple, and/or all residential (numbered) lots shall assume the indemnification agreement and the obligations therein to indemnify the City (with release of claims against the City).
The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense.
2. Site Development Permit 2024-0001 shall comply with all applicable conditions and/or mitigation measures for the following related approval:
Tract Map 31852
Environmental Assessment 2003-495
3. This Site Development Permit shall expire two years after the date of approval unless the permit is established and/or a time extension is granted, per La Quinta Municipal Code Section 9.200.080.
4. In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence.
5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:
Riverside County Fire Marshal
La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) Design & Development Department – Planning and Building Divisions Riverside Co. Environmental Health Department
Coachella Valley Unified School District
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CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 2 OF 14
Coachella Valley Water District (CVWD)
Imperial Irrigation District (IID)
California Water Quality Control Board (CWQCB)
State Water Resources Control Board
SunLine Transit Agency
SCAQMD Coachella Valley
The applicant is responsible for all requirements of the permits and/or clearances from the above-listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
6. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit.
7. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012- 0006-DWQ.
A. For construction activities including clearing, grading, or excavation of land that disturbs one (1) acre or more of land or that disturbs less than one (1) acre of land but which is part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board.
The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.
B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City.
C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)):
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CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 3 OF 14
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non-Storm Water Management.
6) Waste Management and Materials Pollution Control.
D. All erosion and sediment control BMPs on an Erosion Control Plan proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project.
E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council.
F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required, and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs as required.
8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate, and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval.
9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate, amend, and/or modify Development Agreement 2024-0001, including if Developer requests implementing agreements or documents relating to the Development Agreement. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval.
10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval.
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CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 4 OF 14
PROPERTY RIGHTS
11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements.
12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development, not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development.
13. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer.
14. The applicant shall retain for private use all private street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect” refer to persons currently certified or licensed to practice their respective professions in the State of California.
15. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans).
16. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note that the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors.
A. Off-Site Street Improvements Plan 1" = 40' Horizontal, 1"= 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering 349 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 5 OF 14
sidewalk, mounding, and berming design in the combined parkway and landscape setback area.
B. On-Site Street Improvements/Signing & Striping
1" = 40' Horizontal, 1"= 4' Vertical
C. On-Site Rough Grading / Storm Drain Plans 1” = 40’ Horizontal D. PM-10 Plan 1” = 40’ Horizontal
E. Erosion Control Plan 1” = 40’ Horizontal
F. Final WQMP (Plan submitted in Report Form)
NOTE: A through F to be submitted concurrently
(Separate Storm Drain Plans if applicable)
G. On-Site Residential Precise Grading Plan 1" = 30'
Horizontal
Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.
“On-Site Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager, and the City Engineer.
All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants), and Street Name Signs per Public Works Standard Plans and/or as approved by the City Engineer.
Grading plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1 foot of cover or sufficient cover to clear any adjacent obstructions.
“On-Site Precise Grading Plan” plans shall normally include all on-site surface improvements, including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements, and accessible requirements.
17. The City maintains standard plans, detail sheets, and/or construction notes for elements of construction, which can be accessed via the Public Works Development 350 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 6 OF 14
“Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink.
18. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the EOR may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
19. Prior to grading permit issuance, the applicant shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such on-site and off-site improvements and the satisfaction of its obligations for same related to this Site Development Permit, Tract Map, and Development Agreement.
20. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta for the purpose of guaranteeing the completion of any improvements related to this Site Development Permit, Tract Map, and Development Agreement shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security).
21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements and shall provide for the setting of the final survey monumentation.
When improvements are phased through a “Phasing Plan” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping, and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer.
Improvements and obligations required of each subsequent phase shall either be completed or secured through an SIA prior to the completion of homes or the 351 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 7 OF 14
occupancy of permanent buildings within such latter phase or as otherwise approved by the City Engineer.
In the event the applicant fails to construct the improvements for the development or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt the issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements.
22. Depending on the timing of the development of this Site Development Permit and the status of the off-site improvements at the time, the applicant may be required to:
A. Construct certain off-site improvements.
B. Construct additional off-site improvements, subject to reimbursement of costs by others.
C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Off-site improvements should be completed on a first-priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit.
In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map or the issuance of any permit related thereto, reimburse the City for the costs of such improvements.
23. For the Subdivision Improvement Agreement (“SIA”), the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer.
Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates.
24. Should the applicant fail to construct the improvements for the development or fail to satisfy its obligations for the development in a timely manner, the City shall have the 352 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 8 OF 14
right to halt the issuance of building permits and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements.
GRADING
25. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements).
26. Prior to occupancy of the project site for any construction or other purposes, the applicant shall obtain a grading permit approved by the City Engineer.
27. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following:
A. A grading plan prepared by a civil engineer registered in the State of California,
B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter
6.16 (Fugitive Dust Control), and
D. An Erosion Control Plan with Best Management Practices prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls).
E. A Final WQMP prepared by an authorized professional registered in the State of California.
All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by a soil engineer or engineering geologist registered in the State of California.
The applicant shall furnish security in a form acceptable to the City and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer.
28. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping or stabilized with such other erosion control measures as were approved in the Fugitive Dust Control Plan. 353 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 9 OF 14
29. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of the sidewalk is within six feet (6’) of the curb, otherwise, the maximum slope within the right of way shall not exceed 3:1.
All unpaved parkway areas adjacent to the curb shall be depressed one and onehalf inches (1.5") in the first eighteen inches (18") behind the curb.
30. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the preliminary grading plan unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval.
31. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development.
Where compliance within the above-stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties, and neighboring owner dissatisfaction with the grade differential.
32. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit Preliminary Grading Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review.
33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot of pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over-excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation, and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number and listed cumulatively if submitted at different times.
DRAINAGE
34. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map 31852. Nuisance water shall be disposed of in an approved manner. 354 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 10 OF 14
35. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on-site during the 100- year storm shall be retained within the development unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off.
36. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements.
37. In the design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site-specific data indicating otherwise and as approved by the City Engineer.
38. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for the development of this property.
39. No fence or wall shall be constructed around any retention basin unless approved by the Design and Development Director and the City Engineer.
40. For on-site above-ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance-free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin.
41. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7).
42. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development.
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CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 11 OF 14
43. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route.
44. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route.
45. The applicant shall comply with applicable provisions for post-construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ.
A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction, and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per (CRWQCBCRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project-specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable.
C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs.
UTILITIES
46. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities).
47. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way and all above-ground utility structures, including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 356 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 12 OF 14
48. Existing overhead utility lines within or adjacent to the proposed development and all proposed utilities shall be installed underground.
All existing utility lines attached to joint-use 92 KV transmission power poles are exempt from the requirement to be placed underground.
49. Underground utilities shall be installed prior to the overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer.
CONSTRUCTION
50. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings, and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first.
LANDSCAPE AND IRRIGATION
51. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans).
52. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots.
53. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape).
54. The applicant shall submit final landscape plans for review, processing, and approval to the Design and Development Department in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an alternative processing schedule.
NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director. 357 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 13 OF 14
Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department with a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City.
If staff determines during the final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Design and Development Director shall review and approve any such revisions to the landscape plan.
MAINTENANCE
55. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance).
56. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs.
57. The applicant shall comply with Development Agreement 2024-0001 (see, e.g., Section 3.1 therein) with respect to the timing of, and preparation, review, and approval by the City and other state regulatory authorities, a declaration of covenants, conditions, and restrictions (CC&Rs) to ensure compliance of Conditions of Approval No. 54 and 55 (above) by a duly formed homeowners association; the applicant shall ensure full compliance with the requirements of the Davis-Stirling Act to ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) pursuant to the DavisStirling Act, which, among other requirements, shall require the recording by Developer of CC&Rs that, at a minimum, meets the requirements of a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval that are part of the Project Approvals.
FIRE DEPARTMENT
58. Fire Apparatus Access and Water Supply: Prior to building permit issuance for new construction, an inspection of the fire hydrant system shall be performed, and construction of the access road shall be confirmed.
59. Driveway Gate Access: All electronically operated gates shall be provided with Knox key switches and automatic sensors for access.
60. Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and be approved prior to installation. Reference CRC 313.2 358 CLICK HERE to Return to Agenda
CITY COUNCIL RESOLUTION 2025-XXX
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2024-0001
PROJECT: BRAVO ESTATES
ADOPTED: JANUARY 21, 2025
PAGE 14 OF 14
FEES AND DEPOSITS
61. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s).
62. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes an application for plan check and permits. 359 CLICK HERE to Return to Agenda
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LA QUINTA AND DESERT LUXURY
PROPERTIES, LLC RELATING TO BRAVO ESTATES AND
FIND THAT THE PROJECT IS CONSISTENT WITH
ENVIRONMENTAL ASSESSMENT 2003-495
CASE NUMBER:
DEVELOPMENT AGREEMENT 2024-0001
APPLICANT: DESERT LUXURY PROPERTIES, LLC
WHEREAS, the City Council of the City of La Quinta, California did, on January 21, 2025, hold a duly noticed Public Hearing to consider a request by Desert Luxury Properties, LLC for approval of Site Development Permit 2024-0001 and Development Agreement 2024-0001, for Bravo Estates project, a 14 unit single-family residential development on 8.4 acres area located on the northwest corner of Avenue 52 and Madison Street, more particularly described as:
Assessor Parcel Numbers (APNs):
777-470-001 through -014
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on January 10, 2025, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site, and emailed or mailed to all interested parties who have requested notification relating to the project; and
WHEREAS, the Site Development Permit is being adopted by separate Resolution in accordance with City of La Quinta policy and procedure; and WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 12, 2024, hold a duly noticed Public Hearing to consider this request and did adopt Planning Commission Resolution 2024-017 recommending approval of the Development Agreement; and
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Ordinance No. __
Development Agreement 2024-0001
Project: Bravo Estates
Adopted:
WHEREAS, the Design and Development Department determined that the project is consistent with the Mitigated Negative Declaration adopted on August 17, 2004 (Environmental Assessment 2003-495), and no further environmental review is required under the California Environmental Quality Act; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta Municipal Code to justify approval of said Development Agreement, included to this Ordinance as Exhibit A, and incorporated herewith by this reference:
1. The Development Agreement is consistent with the applicable objectives, policies, general land uses, and programs of the La Quinta General Plan as follows:
a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. The homes provide for primary and secondary residential use but also will provide an alternative form of short-term rental stay in the City which improves the economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. The homes have a high quality design that matches the quality of the surrounding neighborhood. c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. These residential units may increase the number of people visiting the City of La Quinta and provide local vendors with additional clientele. The funds generated from the collection of transient occupancy tax (TOT) revenue provide funds for public improvements to benefit the City’s residents.
d. Goal ED-2: The continued growth of the tourism and resort industries in the City.
The alternative form of stay in the City boosts the tourism and resort industry by providing additional visitors to the area which brings in additional revenue.
2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located.
The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area, given the proximity to surrounding residential and polo fields to the east of Madison Street.
3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area. 361 CLICK HERE to Return to Agenda
Ordinance No. __
Development Agreement 2024-0001
Project: Bravo Estates
Adopted:
4. The Development Agreement will not be detrimental to the health, safety, and general welfare. The project may be used as residences, which is consistent with the surrounding area.
5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that it facilitates the development of high-quality homes and extends residential development along Madison Street in the project area.
6. The Development Agreement will have a positive fiscal impact on the City in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes when units are rented on a short-term basis.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN as follows:
SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case, and that the City Council hereby approves and incorporates herein by this reference Development Agreement 2024-0001 by the adoption of this Ordinance and authorizes the City Manager to execute the same in substantially the form presented to the City Council with the adoption of this Ordinance.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.
SECTION 4. CORRECTIVE AMENDMENTS: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this Ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.
SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the 362 CLICK HERE to Return to Agenda
Ordinance No. __
Development Agreement 2024-0001
Project: Bravo Estates
Adopted:
fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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698/015610-0183
21689519.2 a01/15/25
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)
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE
CITY OF LA QUINTA
AND
DESERT LUXURY PROPERTIES LLC
ORDINANCE NO. XXX
EXHIBIT A
Adopted: _________, 2025
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DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of the day of __________, 202_ (“Reference Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (“City”), and DESERT LUXURY PROPERTIES LLC, a California limited liability company, (“Developer”), with reference to the following:
RECITALS:
A. Government Code Section 65864 et seq. (“Development Agreement Act”) authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
B. Pursuant to Government Code Section 65865, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020 or successor provisions) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”).
C. Developer is the owner of certain real property in the City of La Quinta, County of Riverside, State of California consisting of fee title to fourteen (14) vacant residential (numbered) lots with Assessor Parcel Numbers 777-470-001 through 777-470-014, and easement rights with respect to certain lettered lots within Tract No. 31852 that are appurtenant to and benefit the residential (numbered) lots, all as more particularly described in the legal description in Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Property” and each individual residential (numbered) lot may be referred to herein as “One of the Properties”), and more particularly depicted with corresponding APNs on the Site Map attached hereto as Exhibit B and incorporated herein by this reference.
D. Developer has duly submitted an application for a development agreement and environmental assessment for the development of the Property and/or improvements to previously improved portions of the Property, to use as a residential community that includes and would allow for the development, permitting, operation and use of fourteen (14) residences constructed or to be constructed on the Property as short-term vacation rentals pursuant to the Short-Term Vacation Rental Restrictions (defined below) (briefly summarized here as the “Project” and more fully defined below in this Agreement). (For reference purposes only, a copy of Chapter 3.25, as that chapter exists on the Effective Date, is attached to this Agreement as Exhibit E.) The Project is more fully described in, and subject to (i) this Agreement, (ii) the City’s General Plan, (iii) Final Tract Map No. 31852, and any conditions of approval appurtenant thereto (the “Tract Map”) (iv) any applicable Specific Plan that includes the Property, in effect as of the Effective Date, and any conditions of approval appurtenant thereto, (v) Site Development Permit No. SDP2024-0001, and any conditions of approval appurtenant thereto (the “SDP,” and, collectively the foregoing clauses (i)-(v) are referred to herein as the “Vested Approvals”), (vi) any future discretionary or ministerial approvals and/or permits, including future site development permit(s), issued for the Property or Project; and (vii) any future subdivision maps approved for the Property or Project (collectively the foregoing clauses (vi)-(vii) are referred to herein as the “Future Approvals”). The Vested Approvals and the Future Approvals are collectively referred to herein as the “Project 365 CLICK HERE to Return to Agenda
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Approvals,” and are, or when approved or issued shall be, on file with the City Clerk’s Office and available for inspection during regular business hours at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253.
E. As of the Effective Date of this Agreement, Developer owns fee simple title to the 14 residential lots within the Property and easement rights to the lettered lots within the Property, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Property, including, without limitation, each One of the Properties.
F. Consistent with Section 9.250.020 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein.
G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City’s General Plan, including the goals and objectives thereof.
H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters.
I. On ________ 202_, the City Council adopted its Ordinance No. ____ approving this Agreement.
AGREEMENT:
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 Parties do hereby agree as follows:
1. GENERAL
1.1 Definitions. In addition to the defined words and terms set forth elsewhere in this Agreement, the following defined words and terms shall apply:
1.1.1 “Affiliated Party” shall mean (i) any person or entity that directly or indirectly owns or has voting or management rights of Developer or its members or managers, or (ii) any entity that is directly or indirectly owned, controlled or managed by 366 CLICK HERE to Return to Agenda
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Developer or its members or managers, or such members’ or managers’ shareholders. City shall have the right to review and confirm any person or entity purported to be an “Affiliated Party” for purposes of this Agreement.
1.1.2 “Agreement” means this Development Agreement and all amendments and modifications thereto.
1.1.3 “Applicable Rules” means the following rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement: the City’s General Plan, the Tract Map, the SDP, any applicable Specific Plan and City of La Quinta Zoning Code provisions in Title 9 of the La Quinta Municipal Code that includes the Property, and the Short-Term Vacation Rental Regulations subject to the provisions as set forth in this Agreement. Additionally, notwithstanding the language of this Section or any other language in this Agreement: (a) all specifications, standards, and policies regarding the design and construction of public works facilities required with respect to the Project, if any, shall be those that are in effect at the time any ofsaid Project applications and plans are being processed for approval and/or under construction; (b) payments for all development impact fees, mitigation fees, application and processing fees, and any other fees and exactions relating to the development of the Project, shall be those that are in effect at the time said Project applications and plans are being processed for approval and subject to payment pursuant to Section 2.2.1 of this Agreement; and (c) all Short-Term Vacation Rental Regulations shall be those that are in effect at the time of the submittal of an application for a short-term vacation rental permit and in effect at the time a duly-issued permit is held, including amendments to the Short-Term Vacation Rental Regulations following the Effective Date that do not otherwise prevent the use of One of the Properties for short-term vacation rentals.
1.1.4 “Assignment and Assumption Agreement” shall have the meaning set forth in Section 1.8.1 of this Agreement.
1.1.5 “CC&Rs” shall have the meaning set forth in Section 3.1 of this Agreement.
1.1.6 “CEQA” means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq. or successor provisions) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq. or successor provisions).
1.1.7 “City” means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission.
1.1.8 “City Council” means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867.
1.1.9 “Claims” shall have the meaning set forth in Section 3.6 of this Agreement.
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1.1.10 “Compliance Certificate” shall have the meaning set forth in Section 4.1 of this Agreement.
1.1.11 “Davis-Stirling Act” means the Davis-Stirling Common Interest Development Act, California Civil Code Section 4000 et seq. (or successor provisions).
1.1.12 “Development Director” means the Director of the City’s Design and Development Department, or his or her designee.
1.1.13 “Developer” means the Developer identified in the preamble of this Agreement.
1.1.14 “Development Agreement Act” means Section 65864 et seq., of the California Government Code.
1.1.15 “Development Agreement Ordinance” shall have the meaning set forth in Recital B.
1.1.16 “Discretionary Action” means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies.
1.1.17 “Effective Date” shall have the meaning set forth in Section
1.3 of this Agreement.
1.1.18 “Force Majeure” shall have the meaning set forth in Section 8.2 of this Agreement.
1.1.19 “Future Approvals” shall have the meaning set forth in Recital D.
1.1.20 “General Plan” means the General Plan of the City.
1.1.21 “Indemnitee” shall have the meaning set forth in Section
3.6 of this Agreement.
1.1.22 “Insubstantial Modification” shall have the meaning set forth in Section 1.6(a) of this Agreement.
1.1.23 “Mortgage” shall have the meaning set forth in Section 7.2 of this Agreement.
1.1.24 “Mortgagee” shall have the meaning set forth in Section
7.2 of this Agreement.
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1.1.25 “MND” and “Mitigated Negative Declaration” shall have the meaning set forth in Section 1.5 of this Agreement.
1.1.26 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date.
1.1.27 “Notice” shall have the meaning set forth in Section 8.1 of this Agreement.
1.1.28 “One of the Properties” shall have the meaning set forth in Recital C.
1.1.29 “Parties” means collectively Developer and City. Each shall be referred to in the singular as a “Party”.
1.1.30 “Performance Schedule” shall mean the performance schedule for the Project attached hereto as Exhibit D and incorporated herein by reference, and as further described in Section 3.3.
1.1.31 “Planning Commission” means the City Planning
Commission and the planning agency of the City pursuant to California Government Code Section 65867.
1.1.32 “Project” means the development, improvement, use and operation of the Property as set forth in more detail in Section 3.1.
1.1.33 “Project Approvals” shall have the meaning set forth in Recital D.
1.1.34 “Property” shall have the meaning set forth in Recital C.
1.1.35 “Recorder’s Office” shall mean the Office of Official Records for Riverside County, California
1.1.36 “Request for Notice of Default” shall have the meaning set forth in Section 7.3 of this Agreement.
1.1.37 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project and/or use the Property in accordance with the Project Approvals and this Agreement; provided, however, that 369 CLICK HERE to Return to Agenda
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with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer’s ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Property only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a material loss of funds or material loss of access to funding or other resources, with “material loss” in this clause (3) meaning Seventy Five Thousand Dollars ($75,000.00) or more, as such minimum threshold amount of $75,000 may be adjusted as of January 1 of each calendar year (the “Adjustment Date”) during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date), (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property (and each One of the Properties) in a nondiscriminatory manner that does not prevent or materially impair Developer’s ability to develop the Project and/or operate or use the Property and Project in accordance with the Project Approvals and this Agreement.
1.1.38 “SDP” shall have the meaning set forth in Recital D.
1.1.39 “Short-Term Vacation Rental Regulations” means all provisions of the La Quinta Municipal Code related to short-term vacation rentals as the same may be amended from time to time, including specifically Chapter 3.24 or successor provisions related to transient occupancy tax and Chapter 3.25 related to short-term vacation rentals, except to the extent any provision directly conflicts with the vested rights in Section 5 of this Agreement.
1.1.40 “Site Map” means the map that shows the location of the site and immediately adjacent properties, which is attached hereto as Exhibit B.
1.1.41 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein.
1.1.42 “Tract Map” shall have the meaning set forth in Recital D.
1.1.43 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, the Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to 370 CLICK HERE to Return to Agenda
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implement the published recommendations of the multi-state organization and which are applicable City-wide).
1.1.44 “Vested Approvals” shall have the meaning set forth in Recital D.
1.1.45 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code or successor title or provisions.
1.2 Term.
The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements.
1.3 Effective Date.
This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of ______________ (“Effective Date”), which is the date that Ordinance No._________ takes effect. This Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the Effective Date.
1.4 Statement of Benefits and Consideration.
The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom.
City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted the Ordinance referenced in Recital I above approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits.
In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and use of the Project at the Property for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project and the Property can be constructed and used during the Term of this Agreement in accordance with the Applicable Rules and this Agreement.
1.5 CEQA Requirements.
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The Project has been reviewed for environmental impacts in accordance with the provisions of CEQA and has adopted a Mitigated Negative Declaration per Environmental Assessment 2003-495 for Tentative Tract Map 31852 (“MND”) as its CEQA review document for the Project. City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA when approving this Agreement. Developer shall develop the Project in a manner complying with all design features, mitigation measures, and other terms and conditions required by the MND.
1.6 Modification or Amendment of this Agreement.
Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Sections 65867 through 65868 (or successor provisions, the Development Agreement Ordinance, and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the Parties. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement.
Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Property, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for Reserved Powers, Discretionary Actions, or subsequent Discretionary Actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA either as not a “project” under CEQA or as exempt from CEQA, and that does not require a public hearing prior to the Parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858. Any amendment or other agreement memorializing an approved Insubstantial Modification shall be recorded in the Recorder’s Office no later than thirty (30) days after complete execution of said amendment or other agreement. 372 CLICK HERE to Return to Agenda
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(b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such transferee/assignee hereunder. (d) Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption.
1.7 Termination; Applicable to All of the Property.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect each and every One of the Properties and the entire Property, and no owner of any One of the Properties may apply for a termination or terminate this Agreement with respect to that owner’s One of the Properties unless all of the owners of the Property and each and every One of the Properties apply for and seek to terminate this Agreement for the entire Property and every One of the Properties. In explanation of the foregoing, this Agreement shall apply to each One of the Properties for the entire duration of the Term, and no One of the Properties may be released from or excused for performance under this Agreement by way of terminating this Agreement for that One of the Properties, unless all of the Property and every One of the Properties are released from this Agreement.
1.8 Assignment of Interests, Rights and Obligations.
Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in any One of the Properties, or the Property, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following:
1.8.1 Assignment and Assumption Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Property (other than a transfer or assignment by Developer to a Mortgagee, defined below), Developer and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that 373 CLICK HERE to Return to Agenda
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portion of the Property being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.
(b) Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to a Mortgagee defined below, and other than to a bone fide purchaser for value of the fee interest or long-term ground lease of One of the Properties provided said purchaser, as transferee, has obtained and will maintain title insurance insuring the purchaser’s easement rights to use the certain lettered lots in the Tract Map as common area in compliance with Section 1.8.4, below), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within thirty (30) days to any request made by Developer for such consent shall be deemed to be City’s refusal of the Assignment and Assumption Agreement in question. City may refuse to give its consent if such transferee has failed to provide sufficient evidence of financial resources and/or if such transferee would not, in City’s reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Property or the portion thereof sold or transferred, as applicable, and (d) City has, in the exercise of its reasonable discretion, satisfied itself of the transferee’s ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Recorder’s Office, Developer shall automatically be released from those obligations assumed by the transferee therein, and said transferee shall thereafter be deemed the “Developer” under this Agreement for those transferred and assumed obligations. The Assignment and Assumption Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the complete execution thereof by Developer, City, and transferee. (d) In further explanation of Subdivision 1.8.1(c) above, Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement approved by City pursuant to this Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor.
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(e) The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.
1.8.2 Transfers for Mortgages.
Any transfers or assignments for any Mortgagee (defined below) shall be subject to the provisions in Article 7 of this Agreement.
1.8.3 Transfers to Affiliated Parties.
Developer may at any time and without City’s prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party and, in connection with the transfer of any such obligations by Developer to an Affiliated Party in accordance with this Agreement, shall be released from such obligations assumed by the Affiliated Party. Developer shall deliver to City, no later than ten (10) days after such transfer an Assignment and Assumption Agreement in recordable format memorializing the transfer of Developer’s rights and obligations under this Agreement to an Affiliated Party, along with evidence sufficient for City, in its reasonable discretion, to review and confirm the transferee is an Affiliated Party of Developer, and that Affiliated Party’s contact information for notices to be delivered pursuant to this Agreement.
The Assignment and Assumption Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the effective date of the assignment and assumption of said rights and obligations to the Affiliated Party. In the event a purported transferee is not an Affiliated Party, or Developer does not provide sufficient evidence, in City’s reasonable discretion, to review and confirm the purported transferee is an Affiliated Party, any such transfer shall be void and of no force and effect.
1.8.4 Obligation to Continuously Insure Easement Rights and Common Areas for all Properties.
Developer represents and warrants that Developer has and will maintain title insurance for the Property, including insurance for the easement rights with respect to certain lettered lots to be used as common area and identified in the Tract Map, which are appurtenant to and benefit the residential (numbered) lots. Any transfer or assignment by Developer, including a transfer of One of the Properties by sale or ground lease and/or a sale to a bone fide purchaser for value of the fee interest or ground lease interest of One of the Properties, shall require the transferee or assignee or bone fide purchaser to have obtained and maintain title insurance insuring the transferee’s or assignee’s or bone fide purchaser’s easement right to use the certain lettered lots in the Tract Map as common area, so that any transferee or assignee of Developer that owns all or any portion of the numbered lots (One of the Properties) in the Tract Map likewise shall have insured rights to the easements in the letter lots that serve as the common area for the Property. For reference purposes, a template from Developer’s title insurance policy, with terms that identify the common area parcels (lettered lots) covered under the owner’s policy for One of the Properties (residential numbered lot) in a manner that is consistent with this Section 1.8.4, is attached hereto as Exhibit F. 375 CLICK HERE to Return to Agenda
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2. AGREEMENTS AND ASSURANCES
2.1 Agreement and Assurance on the Part of Developer.
In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Property for the Term of this Agreement.
2.2 Agreement and Assurances on the Part of the City.
In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows:
2.2.1 Vested Entitlement to Develop.
Developer has the vested right to develop, improve, operate and use the Property and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property or within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement. Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement:
(i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement;
(ii) subject to Article 5 of this Agreement, the right to develop, improve, and use the Property (and each One of the Properties) for short-term vacation 376 CLICK HERE to Return to Agenda
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rentals, provided that any and all short-term vacation rentals shall be subject to the Short-Term Vacation Rental Regulations;
(iii) all New Laws applied to Developer through the City’s Reserved Powers; (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further Future Approvals, site development permits, tract maps, and building permits; (v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid.
2.2.2 Changes in Applicable Rules.
(A) Nonapplication of Changes in Applicable Rules.
Any change in, or addition to, the Applicable Rules (as defined in this Agreement and in effect as of the Effective Date), including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which change would, absent this Agreement, otherwise be applicable to the Property and/or to the Project and which change would either (i) conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or (ii) reduce the development rights or allowances set forth in the Applicable Rules, Project Approvals, or this Agreement, shall not be applied to the Property (or any One of the Properties) or Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property (and each One of the Properties) for short-term vacation rentals subject to Article 5 of this Agreement and compliance with all Short-Term Rental Regulations. The right to apply for a new or renewal permit, and the City’s ability to review and issue a new or renewal permit, for short-term vacation rentals on the Property (or any One of the Properties) or Project, shall be allowed and authorized by this Agreement.
Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property (which shall mean each One of the Properties) and/or Project of any change in the Applicable Rules.
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(B) Changes in Uniform Codes.
Notwithstanding any provision of this Agreement to the contrary, development and use of the Property and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. (C) Changes Mandated by Federal or State Law.
This Agreement shall not preclude the application to the Property and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations.
2.2.3 Subsequent Development Review.
Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City’s review and issuance of a new or renewal permit, for short-term vacation rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes.
2.2.4 Effective Development Standards.
City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property (and each One of the Properties) which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits.
3. DEVELOPER’S OBLIGATIONS
3.1 Development of the Project; Planned Development.
Developer intends to own and operate the entire Project as a short-term rental project rather than as a planned development in which Developer would sell to bone fide purchasers for value individual residential (numbered) lots to members of the public pursuant to the Davis-Stirling Act.
In the event that, prior to the date that is one (1) year prior to the expiration date of the Term of this Agreement, Developer elects to sell to bone fide purchasers for value the individual residential (numbered) lots in the Project to the public (as opposed to a bulk sale of lots in the Project to a builder or subsequent developer in accordance with this Agreement), Developer shall fully comply 378 CLICK HERE to Return to Agenda
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with the requirements of the Davis-Stirling Act and shall ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) pursuant to the Davis-Stirling Act, which, among other requirements, shall require the recording by Developer of a declaration of covenants, conditions, and restrictions that, at a minimum, meets the requirements of a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval that are part of the Project Approvals (the “CC&Rs”). If, prior to the 1-year date of expiration of the Term of this Agreement, Developer has not previously elected to sell to bone fide purchasers for value the individual residential (numbered) lots in the Project to the public, then Developer shall, prior to the expiration of the Term, fully comply with the requirements of the Davis-Stirling Act and shall ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) with a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval in the CC&Rs.
Developer shall provide to City, no less than ninety (90) days prior to the submission of the CC&Rs to the California Department of Real Estate (the “DRE”), a copy of the proposed final draft of the CC&Rs for review and approval, not to be unreasonably withheld or conditioned, by the City Manager and City Attorney. Further, following approval of the CC&Rs by the DRE, Developer shall provide to City, no less than thirty (30) days prior the anticipated date of recording, a copy of the DRE approved CC&Rs for review and approval so that the City Manager and City Attorney can insure that there have been no material adverse changes from the prior approved draft of the CC&Rs. If and when the Project is converted to a planned development under the Subdivided Lands Act and Davis-Stirling Act, it shall have an “association” as defined and described in the Davis-Stirling Act.
Developer shall construct the Project on the Property only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, with the following components:
(A) Annual permitting fees to be consistent with the City’s fee program; (B) Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for short-term vacation rentals; (C) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the Developer or Developer’s authorized management company for the short-term vacation rentals at the Property; (D) The Project shall comply with all Applicable Rules, including occupancy limits set forth in the La Quinta Municipal Code; and 379 CLICK HERE to Return to Agenda
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(E) All residences at the Property (and on each One of the Properties) shall allow for transient occupancy, which means occupancy for thirty (30) days or less subject to the Applicable Rules.
3.2 Compliance with Government Code Section 66473.7
Developer shall comply with the provisions of Government Code Section 66473.7 with respect to any tract maps prepared for the Project.
3.3 Performance Schedule
Developer shall plan, design and construct the Project in a timely manner in accordance with the Performance Schedule attached hereto as Exhibit D. The Parties acknowledge and agree that the Performance Schedule is a general sequencing of the phases of the Project, and such sequencing may be modified by Developer to effectuate construction and end-use efficiencies. If Developer, in its good faith discretion, anticipates or decides a phase of the Project may need to be removed or an additional phase of the Project should be added, or the timing for completion of phases should be revised, the Performance Schedule may be amended by mutual written agreement of the Parties. The City may approve or deny a requested amendment to the Performance Schedule in its reasonable discretion, provided that such approval shall not be unreasonably withheld or delayed. In evaluating a Developer request for an amendment to the Performance Schedule, the City shall give strong consideration and latitude to Developer in the Developer’s good faith exercise of business judgement based on market conditions and other factors Developer deems appropriate in connection with the requested amendment. If an amendment(s) to the Performance Schedule is determined to be an Insubstantial Modification pursuant to this Agreement, the City Manager is individually authorized to sign such amendments on behalf of the City.
3.4 Funding, Fees, Permits, and Approvals.
3.4.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project.
3.4.2 Fees, Permits, and Approvals Governed by Municipal Code. Subject to Article 5 of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term vacation rentals), and all permits and approvals for the Property, and Project, shall be governed by the provisions of the La Quinta Municipal Code and shall be paid and performed in accordance therewith and any and all applicable ordinances, resolutions, and policies relating thereto. All such fees and applications submitted to the City shall be processed in accordance with the then-current La Quinta Municipal Code and any and all applicable ordinances, resolutions, and policies relating thereto, including the timing provisions therein, and shall not be accorded separate treatment pursuant to this Agreement. All City-imposed fees, including the fees for short-term vacation rental permitting, shall be in the amount prescribed by the La Quinta Municipal Code or duly adopted City Council ordinances, resolutions, and policies in effect at the time the fee is imposed.
3.4.3 Imposition of Existing and Future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the 380 CLICK HERE to Return to Agenda
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Property or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property or Project, including but not limited to transient occupancy taxes (TOT).
Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq.
3.5 Dedications and Improvements; Improvement Security.
In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto) to secure the faithful performance of Developer’s obligations under this Agreement to construct the on-site and off-site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto).
3.6 Indemnification.
Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction-, development, use- and operations-related activities on the Property and Project by Developer, including, without limitation, matters related to the use or the inability to use any common area in the Project (such as, and without limitation, inability of Developer or any transferee, assignee, owner or occupant of One of the Properties to use certain lettered lots in the Tract Map as common area; and/or the failure by Developer or any transferee or assignee to procure and maintain title insurance covering the right to use the certain lettered lots in the Tract Map as common area appurtenant easements to the Property and/or any One of the Properties; and/or any failure by Developer or any transferee or assignee to procure and maintain title insurance covering the right to use the certain lettered lots in the Tract Map as common area appurtenant easements to the Property and/or any One of the Properties), and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”), excluding those claims proven by a court of competent jurisdiction to be resulting from the gross negligence or willful misconduct of City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of 381 CLICK HERE to Return to Agenda
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Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees.
In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals (including related CEQA analysis), Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title.
3.7 Recording of Agreement.
This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to develop and use the Property and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Recorder’s Office.
3.8 Management
During the term of this Agreement, Developer agrees that Developer shall not designate more than two (2) third party management companies at any one time for purposes of managing the day-to-day operations of the Property or any One of the Properties and ensuring compliance with the terms of this Agreement. For the avoidance of doubt, the immediately foregoing sentence shall not restrict Developer from self-managing (or designating an affiliated property management company to manage) the Property or any One of the Properties.
4. CITY’S OBLIGATIONS
4.1 Scope of Subsequent Review/Confirmation of Compliance Process.
Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code, and the provisions of City’s Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes..
Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate (“Compliance Certificate”), in substantially the same form as that attached hereto as Exhibit C. The Compliance Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Compliance Certificate. 382 CLICK HERE to Return to Agenda
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4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms and provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term of this Agreement, but shall remain valid for the term of such approvals and entitlements.
4.3 Review for Compliance.
City shall review Developer’s compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City’s procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City, through the Development Director, shall, at Developer’s written request, issue an estoppel certificate to Developer stating that (1) this Agreement remains in full force and effect, (2) Developer is in compliance with this Agreement and (3) any other qualifying information as may be consistent with such estoppel certificate pursuant to Section 8.12 of this Agreement.
5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES
5.1 Short Term Vacation Rentals as a Permitted Use.
This Agreement does hereby provide that short-term vacation rentals are a permitted use within all portions of the Project, the Property, and each One of the Properties that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement, and this vested right shall inure to the benefit of Developer and all owners of each portion of the Property or each One of the Properties. As such, the rights and obligations under this Section 5.1 shall survive the sale of each One of the Properties to a third-party homebuyer.
Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the City Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this Section 5.1 or that would materially interfere with the right to apply for and, upon compliance with the City’s ministerial permitting process and 383 CLICK HERE to Return to Agenda
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approval, operate short-term vacation rentals in all residential units within the Project. Such shortterm vacation rentals within the Project shall be subject to the Short-Term Vacation Rental Regulations, including but not limited to all operational requirements, noise restrictions, occupancy limits, provisions for violations and penalties, provisions for the payment of transient occupancy tax, and all other requirements.
For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit E. In the event Chapter 3.25 is repealed in its entirety and is not replaced with a successor provision that would grant Developer the vested rights granted by this Section 5.1, then the latest version of Chapter 3.25 (or successor provision) that did allow the vested rights granted by this Section 5.1 shall apply. In the event Chapter 3.24 is repealed in its entirety and is not replaced with a successor provision that would grant Developer the vested rights granted by this Section 5.1, then the latest version of Chapter 3.24 (or successor provision) that did allow the vested rights granted by this Section 5.1 shall apply.
5.2 Covenants, Conditions, and Restrictions.
All CC&Rs recorded pursuant to Section 3.1 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions (such as, and without limitation, maximum occupancy, outdoor use limitations, and other requirements or conditions for the residential (numbered) lots in the Project) applicable to short-term rentals in that tract or planning area of the Project. Until such date as the CC&Rs are recorded against the Property and the Project (see Section 3.1, above), such operational requirements and standard conditions shall be set forth in rules and regulations or a similar document (“STR Rules”) which shall be provided to all persons who rent residential (numbered) lots in the Project on a short-term rental basis.
5.3 Short-Term Vacation Rental Centralized Management.
In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the Short-Term Vacation Rental Regulations, Developer or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short-Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Sections 5.2 and this 5.3 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the “residence owner” (in this context, means the owner of a residential unit with a short-term vacation rental permit, as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement, and hereinafter defined as “residence owner”) shall remain ultimately obligated as the holder of the short-term 384 CLICK HERE to Return to Agenda
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vacation rental permit for any and all remedial actions necessary for compliance with the ShortTerm Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the residence owner shall have a process available, through an independent arbitrator or neutral decision-maker designated by the residence owner or homeowner’s association (“HOA”) of which the residence owner is a member, to petition for a change of that residence owner’s “authorized agent or representative” because the residence owner demonstrates, with a preponderance of evidence, that the “authorized agent or representative,” designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the Short-Term Vacation Rental Regulations for that residence owner’s short-term vacation rental unit. The CC&Rs as described in Section 5.2 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever a residence owner may petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 5.3; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if a residence owner were to petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 5.3.
Developer shall be responsible for ensuring that, for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the residence owners of residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to, be with an on-site rental management agent. Developer may assign this obligation in accordance with this Agreement.
6. DEFAULT; REMEDIES; DISPUTE RESOLUTION.
6.1 Notice of Default.
In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided herein, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.
6.2 Cure of Default.
Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 385 CLICK HERE to Return to Agenda
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6.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term “consequential damages” shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City’s Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City’s Development Agreement Ordinance or the Development Agreement Act. Notwithstanding anything to the contrary herein, the City agrees that it shall not institute a legal action, terminate, or modify this Agreement under this Section 6.3 to the extent any holder of a mortgage or deed of trust has an unexpired right, pursuant to Section 7.4, to cure or remedy or to commence a cure or remedy of any uncured Developer default.
6.4 Developer’s Exclusive Remedies.
The Parties acknowledge and agree that the City would not have entered into this Agreement if it were to be liable for damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals (including any CEQA analysis therefor), the Applicable Rules, any anticipated development and use of the Property (including but not limited to the ability to develop and use the Property for the Project and separate legal residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys’ fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules, any anticipated development and use of the Property for the Project (including but not limited to the ability to develop and use the Property and separate legal residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of the Property and/or any separate legal parcel or any portion thereof, the Parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer’s sole and exclusive judicial remedies.
7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE
7.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and 386 CLICK HERE to Return to Agenda
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leaseback arrangement, or any other form of conveyance in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project.
7.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof or any improvements thereon by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”) [whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement.
7.3 Mortgagee Not Obligated, Request for Notice of Default on Mortgage.
No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Property or Project, or any portion thereof without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City’s performance hereunder. Any Mortgagee that intends to take possession of or intends to acquire title to the Property, or any purchaser that intends to take possession of or intends to acquire the Property at a foreclosure sale or as a recipient of a deed-in-lieu of foreclosure resulting from a Mortgage held by a Mortgagee, shall have the right, at such party’s election, to develop and operate the Property pursuant to this Agreement, provided that such Mortgagee, purchaser or recipient shall (i) no later than ninety (90) days prior to taking possession of, or acquiring title to, the Property, deliver written notice to the City that such Mortgagee, purchaser, or recipient intends to take possession of or acquire title to the Property, and such written notice includes its contact information for notices to be delivered pursuant to this Agreement, (ii) such Mortgagee, purchaser, or recipient assumes in writing the obligations of Developer under this Agreement with respect to the Property arising from and after the date of possession or acquisition of title, as applicable, pursuant to an Assignment and Assumption Agreement, and (iii) such Mortgagee, purchaser, or recipient, as applicable, received written consent of City to develop or operate the Property or Project or any portion thereof. Furthermore, if any Mortgagee that takes possession of or acquires title to the Property does not elect in writing to assume the obligations of Developer under this Agreement, such Mortgagee shall have no rights under this Agreement.
Developer may assign its rights, obligations, and duties under this Agreement to a Mortgagee pursuant to Section 1.8 of this Agreement.
In the event any Mortgagee delivers to Developer (or authorized transferee) a notice of default under any Mortgage recorded against the Property or Project (or any portion thereof), Developer shall deliver to City, no later than five (5) business days after receipt by Developer, a copy of said notice of default from the Mortgagee. Failure by Developer to cure, pursuant to any Mortgage from which the notice of default from Mortgagee had been issued, may be deemed by 387 CLICK HERE to Return to Agenda
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City to be a default by Developer under this Agreement; provided, however, that such default by Developer for failure to perform under any Mortgage shall not defeat any rights and remedies that said Mortgagee may have under the Mortgage or as set forth in this Agreement. The preceding sentence does not apply to the mortgage of an owner who is a bone fide purchaser for value of the fee interest or long-term ground lease of One of the Properties, including, without limitation, a mortgage in connection with that owner’s loan to purchase the fee interest or long-term ground lease of the residential (numbered) lot, or to refinance same, or for a home equity loan.
Additionally, City shall have the right to execute and record a Request for Notice of Default substantially in the form and as authorized pursuant to California Civil Code Section 2924b (or successor provision) (“Request for Notice of Default”), and Developer shall have the obligation to deliver to City written notice of any Mortgagee with a Mortgage recorded against the Property or Project (or any portion thereof) within five (5) business days of recording of said Mortgage.
Developer shall have the obligation to cooperate with City to facilitate the execution, notarizing, and recording of any Request for Notice of Default pursuant to this paragraph.
7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, Developer shall at the same time deliver a copy of such notice or demand to each holder of record of any Mortgage or Mortgagee which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the Mortgage debt and the lien of its Mortgage. It is understood that a holder of the Mortgage shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property or Project (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default in accordance with this Agreement. City agrees that each holder of a mortgage or deed of trust encumbering the Property that has rights under this Section 7.4 shall be entitled to exercise such rights without the requirement of obtaining the written consent of City. Furthermore, if requested in writing by any holder of record of any Mortgage or Mortgagee, then whenever City delivers a written notice of default to Developer under this Agreement, City shall deliver a copy of such notice to each holder of record of any Mortgage or Mortgagee that has previously requested such notice in writing no later than three (3) business days after said notice is delivered to Developer.
8. MISCELLANEOUS
8.1 Notices, Demands and Communications Between the Parties.
Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight 388 CLICK HERE to Return to Agenda
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messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice.
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: City Clerk
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, California 92612
Attn: William H. Ihrke
To Developer: Desert Luxury Properties LLC
72877 Dinah Shore Dr., Ste. 103
Rancho Mirage, California 92270
Attn: Claudio Bravo
With copies to: Nethery/Mueller/Olivier LLP
41750 Rancho Las Palmas Dr.
Suite H-1
Rancho Mirage, CA 92270
Attn: Daniel Olivier
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.
8.2 Force Majeure.
In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a “Force Majeure”): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run 389 CLICK HERE to Return to Agenda
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from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section
8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Property, or because of economic or market conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property.
8.4 Independent Entity.
The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.
8.5 Agreement Not to Benefit Third Parties.
This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Property for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement.
8.7 Non-liability of City Officers and Employees.
No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City.
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8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective successors and assigns, that 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 Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.).
8.9 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof.
8.10 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.
8.11 Cooperation in Carrying Out Agreement.
Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder.
8.12 Estoppel Certificate.
Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf 391 CLICK HERE to Return to Agenda
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of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
8.13 Construction.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.
8.14 Recordation.
This Agreement shall be recorded with the Recorder’s Office at Developer’s cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.
8.15 Captions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement.
8.16 Time.
Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element.
8.17 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, with the exception of Exhibit E by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto with the exception of Exhibit E, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.
8.18 Exhibits.
Exhibits A -D to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Exhibits E and F are attached for reference purposes only and is not incorporated herein. Said exhibits are identified as follows:
A Legal Description of the Property
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B Site Map
C. Compliance Certificate
D. Performance Schedule
E. Chapter 3.25 of the La Quinta Municipal Code (for reference purposes only) F. Example Title Insurance Policy Terms Showing Common Area LetteredLots in Tract Map Covered Under Numbered-Lot Owner Policy, To Assist with Compliance with Section 1.8.4 (for reference purposes only)
8.19 Counterpart Signature Pages.
For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement.
8.20 Authority to Execute; Representations and Warranties.
Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind City to all covenants and obligations set forth in this Agreement.
8.21 City Approvals and Actions.
Whenever a reference is made in this Agreement to an action or approval to be undertaken by City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of City unless specifically provided otherwise in this Agreement or the law otherwise requires.
8.22 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement 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, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law.
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shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses.
8.23 No Brokers.
Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.
[signatures on next page]
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”
DESERT LUXURY PROPERTIES LLC, a
California limited liability company
By:
Its:
“CITY”
CITY OF LA QUINTA, a California municipal
corporation
By: ___________________________
Name: Jon McMillen
Title: City Manager
ATTEST:
Monika Radeva
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
William H. Ihrke
City Attorney
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21689519.2 a01/15/25 EXHIBIT A
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
[attached]
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21689519.2 a01/15/25 EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA
QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 1 THROUGH 14, INCLUSIVE OF TRACT NO. 31852, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “PRIVATE STREET” OVER LOT “A” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 3:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “LANDSCAPE” OVER LOTS “C” THROUGH “F” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 4:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “DRAINAGE AND RETENTION PURPOSES” OVER LOT “G” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 777-470-001 THROUGH 777-470-014
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21689519.2 a01/15/25 EXHIBIT B
EXHIBIT “B”
SITE MAP
(Vicinity of Project)
[continued on next page]
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21689519.2 a01/15/25 EXHIBIT B
SITE MAP
(Number Lots and Common Area Street)
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EXHIBIT C
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EXHIBIT “C”
COMPLIANCE CERTIFICATE
(DESERT LUXURY PROPERTIES LLC DEVELOPMENT AGREEMENT)
The undersigned, Desert Luxury Properties LLC, a California limited liability company (“Developer”), pursuant to that certain Development Agreement dated _______________, 202_, (the “Development Agreement”), by and between Developer and the City of La Quinta, a California municipal corporation and charter city (the “City”) by its signature below hereby certifies to City, for City’s reliance that:
1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement;
2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate;
3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof.
4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE
DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT].
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the ______ day of _______________, ______, under penalty of perjury under the laws of California.
DESERT LUXURY PROPERTIES LLC, a
California limited liability company
By:
Its:
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EXHIBIT D
-1-
EXHIBIT “D”
PERFORMANCE SCHEDULE
Item of Performance Start Completion
TR 31852
Permitting
Grading and Engineering Permits Apply by
September 30,
2025
Within 90 days of
application
Building Permits Apply by
September 30,
2025
Within 90 days off
application
Construction of Project Components
Construct off-site electrical improvements required by
IID to provide electrical service to the Tract
September 1, 2026 December 31, 2026
Construct, repair or replace all on-site improvements
(finish grade, walls, street, storm drain, water, sewer, dry utilities, and landscaping)
October 31, 2025 March 30, 2026
Place monuments October 31, 2025 June 30, 2026
Begin construction of 14 residential units October 31, 2025 Completion of construction of 14 residential units April 30, 2028 Obtain Certificate of Occupancy for 14 residential units April 30, 2028 July 1, 2028 401 CLICK HERE to Return to Agenda
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21689519.2 a01/15/25 EXHIBIT E
EXHIBIT “E”
CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only)
[to be attached]
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21689519.2 a01/15/25 EXHIBIT F
EXHIBIT “F”
Example Title Insurance Policy Terms and Conditions
(for reference only)
[Example Title Insurance Policy Terms Showing Common Area Lettered-Lots in Tract Map Covered Under Numbered-Lot Owner Policy, To Assist with Compliance with Section 1.8.4] [attached]
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DRAFT VERSION
CITY COUNCIL PUBLIC HEARING DRAFT
698/015610-0183
21689519.2 a01/15/25 EXHIBIT F
______________________ Title Insurance Company
SCHEDULE A
This is a [ Pro Forma ] Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms of the Company.
Name and Address of Title Insurance Company: ________ Title Company, [ ADDRESS ] Address Reference: Lots 1 thru 14, Tract 31852, La Quinta, CA Amount of Insurance: $___________ Premium: $____________ Date of Policy: ___________
1. Name of Insured:
[ Owner of Property ]
2. The estate or interest in the Land that is insured by this policy is:
A FEE as to PARCEL 1;
EASEMENT as to PARCELS 2, 3 and 4
3. Title is vested in:
[ Same as Insured / Owner of Property ]
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
[See next page]
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DRAFT VERSION
CITY COUNCIL PUBLIC HEARING DRAFT
698/015610-0183
21689519.2 a01/15/25 EXHIBIT F
[ EXHIBIT A to SCHEDULE A ]
[ Template Legal Description ]
[ Parcel 1 Must Be Modified to Match Property Insured ]
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT(s) _______ OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “PRIVATE STREET” OVER LOT “A” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 3:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “LANDSCAPE” OVER LOTS “C” THROUGH “F” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 4:
AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “DRAINAGE AND RETENTION PURPOSES” OVER LOT “G” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN(s): __________________
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Vicinity Map
ATTACHMENT 1
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ATTACHMENT 2
FINDINGS
Site Development Permit 2024-0001
1. The proposed development is consistent with the General Plan land use designation of Very Low Density Residential. The project consists of highquality design that complements and enhances the City.
2. The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code, in terms of architectural style and landscaping. The project design utilizes varying roof lines and wall depths, along with a complementary color palette.
3. The Design and Development Department has determined that this project has been previously studied under, and is consistent with, Environmental Assessment 2003-495, and no further environmental review is required.
4. The architecture and layout of the project are compatible with, and not detrimental to, the existing surrounding residential land uses and are consistent with the development standards in the Municipal Code.
5. The site design of the project is compatible with surrounding development and with the quality of design prevalent in the city.
6. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The landscape palette is consistent with the City’s drought-tolerant landscaping requirements.
Development Agreement 2024-0001
1. The Development Agreement is consistent with the applicable objectives, policies, general land uses, and programs of the La Quinta General Plan as follows:
a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. The homes provide an alternative form of stay in the City which improves the economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. The homes have a high quality design that matches the quality of the surrounding neighborhood. c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. These residential units increase the number of people visiting the City of La Quinta and provide local vendors with additional clientele. The funds generated from the collection of transient occupancy tax (TOT) revenue provide funds for public improvements to benefit the City’s residents.
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d. Goal ED-2: The continued growth of the tourism and resort industries in the City.
The alternative form of stay in the City boosts the tourism and resort industry by providing additional visitors to the area which brings in additional revenue.
2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located.
The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area, given the proximity to surrounding residential and polo fields to the east of Madison Street.
3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area.
4. The Development Agreement will not be detrimental to the health, safety, and general welfare. The project may be used as residences, which is consistent with the surrounding area.
5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that it facilitates the development of high-quality homes and extends residential development along Madison Street in the project area.
6. The Development Agreement will have a positive fiscal impact on the City in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes when units are rented on a short-term basis. 408 CLICK HERE to Return to Agenda
Fiscal Impact Analysis
Polo Estates 14
La Quinta, CA
April 30, 2024
Prepared By:
ATTACHMENT 3
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Glossary of Defined Terms and Acronyms
Budget City of La Quinta Annual Operating Budget for Fiscal Year 2023-24.
City City of La Quinta.
Developer Desert Luxury Properties, LLC.
DPFG Development Planning & Financing Group.
FIA Fiscal Impact Analysis
General Fund City of La Quinta General Fund.
Proposed Project Polo Estates 14.
State State of California.
TRA Tax Rate Area.
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Table of Contents
Page
1. Introduction .................................................................................................................... 1
2. Purpose of Fiscal Impact Analysis................................................................................... 1
3. FIA Executive Summary................................................................................................... 1
4. FIA Limiting Conditions................................................................................................... 2
5. General Sources of Information and Methodology Used............................................... 2
6. FIA Recurring Revenues.................................................................................................. 2
6.1 Case Study Method.................................................................................................... 2
6.1.1 Property Tax ........................................................................................................ 3
6.1.2 Sales and Use Tax ................................................................................................ 3
6.1.3 Measure G Sales Tax ........................................................................................... 4
6.1.4 Property Transfer Tax.......................................................................................... 4
6.1.5 Transient Occupancy Tax .................................................................................... 4
6.1.6 Property Tax in-Lieu of VLF ................................................................................. 4
6.1.7 Intergovernmental .............................................................................................. 5
6.1.8 Licenses and Permit Fee...................................................................................... 5
6.2 Average Costing Method........................................................................................... 5
7. FIA Recurring Expenditure .............................................................................................. 6
8. Development Impact Fee Summary ............................................................................... 6
9. Conclusion....................................................................................................................... 6
10. Fiscal Impact Analysis – Exhibits................................................................................... 7 411 CLICK HERE to Return to Agenda
Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 1
1. Introduction
Polo Estates 14 (“Proposed Project”) is located approximately 105 miles from the City of Los Angeles and the Pacific coast and approximately 240 miles from Phoenix/Scottsdale metropolitan region. The Proposed Project is situated in the southeast portion of the Coachella Valley within the corporate limits of the City of La Quinta (“City”), Riverside County. The Proposed Project is accessible from Interstate 10 by way of Jefferson Street with immediate access to Avenue 52. The Proposed Project consists of 14 residential lots, proposed to be developed into luxury short-term rental, covering a total area of approximately 8.5 acres.
LAND USE ASSUMPTIONS
Plan Avg. Home Size (SF) Proposed Units
Single Family Home (5-Bedroom) 5,515 2
Single Family Home (6-Bedroom) 5,942 3
Single Family Home (7-Bedroom) 6,302 4
Single Family Home (8-Bedroom) 6,929 4
Single Family Home (9-Bedroom) 7,138 1
Total Units 14
2. Purpose of Fiscal Impact Analysis
This Fiscal Impact Analysis (“FIA”) has been prepared to determine the estimated fiscal impacts of the Proposed Project to the City’s General Fund. The purpose of the FIA is to show that the Proposed Project is economically feasible and would generate an annual surplus to the City’s General Fund. The Proposed Project will generate revenue for the General Fund primarily through increased Property Taxes, and Sales Tax, while increasing the need for City services such as police, fire, and public works. The reader should be aware that the FIA contains estimates or projections of the Proposed Project’s future revenue and cost impacts on the City, and actual fiscal results may vary from estimates because events and circumstances may occur in a manner that is different than projected in the FIA. The primary purpose of this FIA is to estimate the Proposed Project’s net fiscal impact on the City’s General Fund at build-out.
3. FIA Executive Summary
The result of the FIA at build-out for the Proposed Project are summarized as follows:
General Fund
Total Recurring Revenue $ 683,066
Total Recurring Expenditure 140,059
Net General Fund Fiscal Surplus $ 543,007
In addition to the Annual Fiscal Surplus, the Proposed Project Generates an estimated $192,430 in development Impact Fees to the City.
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Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 2
4. FIA Limiting Conditions
The FIA is subject to the following limiting conditions:
▪ The FIA contains an analysis of recurring revenues and costs to the City from the development of the Proposed Project. The FIA is based on estimates, assumptions and other information developed from DPFG’s research, and information from DPFG’s proprietary database which were collected through fiscal impact analyses previously prepared by DPFG and others. ▪ The sources of information and basis of the estimates are stated herein. While we believe the sources of information are dependable, DPFG does not express an opinion or any other form of assurance on the accuracy of such information.
▪ The analysis of recurring revenues and cost impacts to the City contained in the FIA is not considered to be a “financial forecast” or a “financial projection” as technically defined by the American Institute of Certified Public Accountants. The word “projection” used within this report relates to broad expectations of future events or market conditions. ▪ Since the analyses contained herein are based on estimates and assumptions which are inherently subject to uncertainty and variation depending on evolving events, DPFG cannot represent those results will be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, the actual results achieved may vary from the projections.
5. General Sources of Information and Methodology Used
The FIA was prepared to estimate the allocable revenue and cost impacts to the City’s General Fund related to the Proposed Project’s development. The FIA uses a combination of (i) Case Study Method and (ii) Average Costing Method to estimate Proposed Project impacts.
Case Study Method: When projecting fiscal impacts using a case study method, the FIA determines the impacts of the Proposed Project’s population on the City. Case studies rely on communication with public officials, review of the City Annual Budget to assess plans to expand or maintain local services, and then determine categories of either excess or deficient service capacity.
Average Costing Method: When projecting fiscal impacts using an average costing method, the FIA determines per capita/employee impacts by applying the appropriate per capita, per employee and per capita and employee factors (“Factors”) to the Proposed Project land use assumptions. The Factors were calculated using the City of La Quinta Annual Operating Budget for Fiscal Year 2023-24 (“Budget”). Factors are projected in 2023 dollars.
6. FIA Recurring Revenues
6.1 Case Study Method
The General Fund revenues calculated using the Case Study Method as referenced in section 5 of this report are as follows:
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Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 3
6.1.1 Property Tax
In addition to other ad valorem charges imposed by various local agencies, landowners in the State of California (“State”) are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. Each county in California is divided into tax rate areas (“TRA”). After the basic 1% property tax is collected by the County, the tax is allocated to various local agencies based on each agency’s share of the basic tax within the property’s applicable TRA.
The following table summarizes the impact of the Proposed Project to the General Fund:
Total Assessed Value $ 56,000,000
Basic Tax 1.0%
Basic Tax Paid $ 560,000
City Share of 1% 6.462%
Total Annual Property Taxes $ 36,185
6.1.2 Sales and Use Tax
Under the California Sales and Use Tax Law, the sale of tangible personal property is subject to sales or use tax unless exempt or otherwise excluded. When the sales tax applies, the use tax does not apply, and the opposite is also true. The sales tax is imposed on all retailers for the privilege of selling tangible personal property in the State and is measured by the retailer’s gross receipts.
Currently there is 7.25% statewide sales and use tax base rate that is collected by the State Board of Equalization. The State government receives 6.25% of the 7.25% and local government receives the remaining 1.00% which is transferred to the local government’s general fund.
The City will receive sales tax revenue from taxable purchases made within City limits by Proposed Project’s visitors. With the assumption that only 80% of the equivalent residents will spend $2,100 weekly and a capture rate of 50% within the City, Proposed Project will generate sales tax and use tax as follows:
Spending By Residents Factor
Equivalent Residents (including 49% Vacancy) For 14 Units 99 Non-spending Population 20% 20
Net Equivalent Residents 79
Spending per Equivalent Resident Per Week $ 2,100
Total Annual Spending 8,606,584
Estimated Annual Spending on Taxable Sales 53% 4,561,490 Taxable Spending Captured in City 50% 2,280,745
Sales Tax 1.00% $ 22,807
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Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 4
6.1.3 Measure G Sales Tax
Measure G is a one percent, transaction and use tax. The revenue generated by Measure G will go to the City’s General Fund and will be available for expenditure for any and all services, programs and projects funded by the City, including police protection; projects such as parks, streets, landscaping, and flood control; programs attracting businesses; youth/senior services, sports/recreation programs; and preserving property values and quality of life. Measure G was approved by the residents of the City on November 8, 2016, and became effective on April 1, 2017. The Proposed project generates an estimated $22,807 in Measure G sales tax at build-out.
6.1.4 Property Transfer Tax
The County may levy a transfer tax at the rate of $0.55 for each $500 of assessed value. A City within the County that levies this tax can levy a transfer tax at a rate of $0.55 per $1,000. If both the County and City levy the transfer tax, a credit shall be allowed against the amount imposed by the County in the amount of tax that is imposed by the City per California Revenue Taxation Code 11911. It is assumed that the ownership of the Proposed Project will not change hence the Proposed Project will not generate any Property Transfer Tax.
6.1.5 Transient Occupancy Tax
The transient occupancy tax (Hotel, motel, campground, or bed tax) is authorized under State Revenue and Taxation Code Section 7280, as an additional source of non-property tax revenue to local government. Per City of La Quinta, the City levies a transient occupancy tax at a rate of
10.00% to hotel or other lodging stays of less than 30 days. Based on information provided for the Proposed Project, the total transient occupancy tax is estimated to be $684,740 per year calculated as follows:
Total Residential Units 14
Average Daily Rent $ 2,000
Total Estimated Annual Rent 10,022,000
Annual Occupancy Rate 50.78%
Total Annual Rental Revenue $ 5,190,000
Transient Occupancy Tax Rate 10.00%
Total TOT Revenue $ 519,000
6.1.6 Property Tax in-Lieu of VLF
In May 2004, Governor Schwarzenegger proposed a swap of city and county VLF revenue for additional property tax share as part of a budget agreement between the State and local governments. The swap was included in the 2004 budget package. Under this legislation, property tax in-lieu of VLF is allocated to Cities and Counties pursuant to a complex formula involving each agency relative share of assessed value. The property tax in-lieu of VLF revenue that will be generated by the Proposed Project can be estimated by determining the (i) percentage growth in the total assessed value of the City attributable to the Proposed Project and multiplying by (ii) the property tax in-lieu of VLF revenue of $5.4 million expected to be 415 CLICK HERE to Return to Agenda
Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 5
received per the City. Based on these calculations, the Proposed Project is anticipated to generate $16,079 annually in property tax in lieu of VLF revenue.
6.1.7 Intergovernmental
Intergovernmental revenue category comprises of Fire Service Credit, Fire Service Reserves, FEMA, CSA 152 Assessments and Contributions from other agencies. The Fire Service Credit is calculated as follows:
Total Assessed Value $ 56,000,000
Basic Tax 1.0%
Basic Tax Paid $ 560,000
City Share of 1% 5.44%
Total Fire Service Credit $ 30,478
6.1.8 Licenses and Permit Fee
The City requires the Proposed Project to obtain Short-Term Vacation Rental (STVR) permit and obtain business licenses to operate the business. Based on estimate provided by the City, the Proposed Project will generate $24,500 in License and Permit fees annually.
The total recurring annual General Fund revenue generated by the case study method is estimated to be $671,857 annually.
6.2 Average Costing Method
The General Fund revenues calculated using the Average Costing Method as referenced in section 5 of this report are as follows:
Recurring Revenue Marginal Increase Measure Proposed Project No-Low City Property Tax 0% PER $ -
RPTTF Pass Through 0% PER -
Transient Occupancy Tax 0% PER -
Franchise Taxes 100% PER 4,400
Charges for Services 100% PER 1,994
Fines, Forfeitures & Abatements 100% PER 964
Use of Money & Property 100% PER 3,851
Miscellaneous 100% PER -
Total Multiplier Method Revenue $ 11,210
“PER” = Per Equivalent Residents
The total recurring annual General Fund revenue generated by the Case Study Method as well as the Average Costing Method for the Proposed Project is estimated to be $683,066. 416 CLICK HERE to Return to Agenda
Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 6
7. FIA Recurring Expenditure
The general Fund expenditure for all general fund categories is calculated using the Average Costing Method using various marginal increase rate and applying the appropriate per capita, per employee and per capita and employee factors (“Factors”) as follows:
Recurring Expenditure Marginal Increase Measure Proposed Project City Council 50% PER $ 329
City Manager’s Department 50% PER 4,198
City Attorney 50% PER 828
City Clerk’s Department 50% PER 1,211
Community Services Varies PER 5,506
Public Safety Varies PER 61,734
Public Works Varies PER 17,458
Design and Development 100% PER 8,820
Fiscal Services 100% PER 39,947
Total Recurring Expenditure $ 140,059
“PER” = Per Equivalent Residents
The total recurring annual General Fund expenditure calculated using the Average Costing Method for the Proposed Project is estimated to be $140,059.
8. Development Impact Fee Summary
In addition to the annual recurring revenue, the Proposed Project will generate one-time fees in the amount estimated as follows:
Fee Category Total Fees
Park Improvements $ 29,484
Community/Culture 13,381
Library 5,558
Civic Center 17,220
Maintenance Facilities 4,382
Fire 5,166
Transportation 56,126
CVAG TUMF 38,360
MSHCP 22,750
Total City DIF $ 192,430
The Development Impact Fee calculation is preliminary and subject to change. It does not include fee credit, if any.
9. Conclusion
The FIA analyzes the impacts of the Proposed Project to the City’s general fund revenue and expenditure. Based on the analysis of revenues and expenditure detailed above, the Proposed Project will generate a surplus of $543,007 at build-out to the City’s General Fund on an annual basis. 417 CLICK HERE to Return to Agenda
Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 7
In addition to the Annual Fiscal Surplus, the Proposed Project Generates an estimated $192,430 in development Impact Fees to the City.
10. Fiscal Impact Analysis – Exhibits
The Fiscal Impact Analysis is organized as follows:
Exhibit Table Description
A 1 Fiscal Impact Analysis Summary
A 2 Post ERAF Share of the Basic Tax Calculation
A 3 Land Use Plan
A 4 Property Tax Calculation
A 5 Property Tax In-Lieu of VLF Revenue Calculation
A 6 Property Transfer Tax Calculation
A 7 Transient Occupancy Tax Calculation
A 8 Off-site Sales Tax Calculation
A 9 General Fund Revenue and Expenditure Summary
A 10 Development Impact Fee Summary
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 1 - Fiscal Impact Analysis Summary
April 30, 2024
Recurring Revenues:
Table
Ref.
Annual at
Buildout
Property Tax 4 $ 36,185
RPTTF Pass Through 9 -
State Sales Tax 8 22,807
Measure G Sales Tax 8 22,807
Document Transfer Tax 6 -
Transient Occupancy Tax 7 519,000
Franchise Taxes 9 4,400
Property Tax In Lieu of VLF 5 16,079
Licenses & Permits 9 24,500
Intergovernmental 9 30,478
Charges for Services 9 1,994
Fines, Forfeitures & Abatements 9 964
Use of Money & Property 9 3,851
Miscellaneous 9 -
Total Recurring Revenue $ 683,066
Recurring Expenditures:
City Council 9 $ 329
City Manager's Department 9 4,198
City Attorney 9 828
City Clerk's Department 9 1,211
Community Services 9 5,506
Public Safety 9 61,734
Public Works 9 17,458
Design & Development 9 8,820
Fiscal Services 9 39,974
Total Recurring Expenditures $ 140,059
Net Fiscal Surplus (Deficit) $ 543,007
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 2 - Post ERAF Share of 1%
April 30, 2024
Agency
TRA
020-160
General Fund 9.782089370%
County Free Library 1.331369600%
County Structure Fire Protection 5.442458120%
City of La Quinta 6.461567680%
Coachella Valley Unified School District 43.220912000%
Desert Community College 6.975693000%
Riverside County Office of Education 3.795136000%
Riverside County Regional Park and Open Space 0.322034270% Coachella Valley Public Cemetery 0.213061830%
CV Mosquito and Vector Control 0.905935380%
Coachella Valley Rec and Park 1.096809180%
CV Water District State Water Project 2.536263000%
Coachella Valley Resource Conservation 0.032516000%
CVWD Imp Dist. 1 DS 1.183503000%
CVWD Storm Water Unit 3.210705000%
ERAF Fund 13.489946570%
Total 100.000000000%
Footnotes:
Source: Fiscal Year 2023-24 Share of the Basic Tax per Riverside County Auditor-Controller's Office, Property Tax Division.
Each County in California is divided into tax rate areas ("TRA"). After the basic 1% property tax is collected by the county, the tax is allocated to various local agencies based on each agency’s share of the basic tax within the property’s applicable TRA. This exhibit shows the share of the basic tax applicable to the Project's TRA.
In addition to other ad valorem charges imposed by various local agencies, land owners in California are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13.
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 3 - Land Use Plan
No. of Home Assessed Total
Bedroom/Unit (a) Size (a) Units (a) Value (a) Assessed Value I. Land use Plan
Residential Assessed Value
Single Family Homes 5 5,515 2 $ 3,473,500 $ 6,947,000
Single Family Homes 6 5,942 3 3,742,000 11,226,000
Single Family Homes 7 6,302 4 3,968,750 15,875,000
Single Family Homes 8 6,929 4 4,364,250 17,457,000
Single Family Homes 9 7,138 1 4,495,000 4,495,000
Total Residential Assessed Value 6.93 6,351 14 $ 4,000,000 $ 56,000,000 II. Estimated Project Residents
Average Bedrooms per Units 6.93
Average persons per bedroom (b) 2
Anticipated Guests per Unit 13.86
Total Units at Build-out 14
Total Anticipated Annual Guests 194
Annual Occupancy Rate (b) 51%
Total Annual Project Residents 99
Project City (c)
III. Equivalent Resident Summary
Total Residents [1] 99 37,979
Total Employees [2] - 19,200
Total Equivalent Residents [2]x50%=[3] 99 47,579
Footnotes:
(a)
(b)
(c)
April 30, 2024
Product, mix and pricing per Client.
Average of 2 persons per bed and 50.78% occupancy rate per City of La Quinta.
City population per California Department of Finance as of 1/1/2023. Employee population per the State of California, EDD Monthly Labor Force Data for Cities and Census Designated Places as of November 17, 2023.
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 4 - Property Tax Calculation
April 30, 2024
Table
Ref.
Assessed Value
Residential
Single Family Homes 3 $ 56,000,000
Total Residential Assessed Value [1] $ 56,000,000
Basic Rate 1.00%
Basic Tax Paid [2]=[1]X1% $ 560,000
City General Fund Share of Basic Tax (a) [3] 2 6.462%
Annual Property Taxes to City [4]=[2]x[3] $ 36,185
Fire Service Credit
County Structure Fire Protection (b) [5] 2 5.442%
Annual Fire Service Credit [6]=[2]x[5] $ 30,478
Footnotes:
(a)
(b)
Property Tax
See Table 2 - Post ERAF share of 1%.
Per City of La Quinta, the City also receives the 5.44% tax allocated to County Structure Fire Protection.
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 5 - Property Tax In-Lieu of VLF Revenue Calculation April 30, 2024
I. Property Tax in Lieu of VLF
Nominal Dollars:
City Assessed Valuation (a) [1] $ 18,200,952,648
Property Tax in Lieu of VLF (b) [2] 5,445,000
VLF Increase per $1,000 increase in AV [3]=[2]/[1]*1000 $ 0.30 Property Tax in Lieu of VLF:
Total Assessed Value (c) [4] $ 56,000,000
Less: Existing Assessed Value (d) [5] 2,252,526
Net (New) Assessed Value [6]=[4]-[5] $ 53,747,474
Project Assessed Valuation / 1,000 [7]=[6]/1000 $ 53,747.47 VLF Increase per $1,000 increase in AV [3] 0.2992
Property Tax in Lieu of VLF =[3]*[7] $ 16,079
Footnotes:
(a) Per Riverside County Assessor's Office 2023-24 Local Assessment Roll. (b) Per City of La Quinta Adopted Budget for Fiscal Year 2023-24. (c) See Table 3 - Land Use Assumptions.
(d) Per Fiscal Year 2023-24 property tax bills.
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 6 - Property Transfer Tax Calculation
September 02, 2022
Build-Out
Total Assessed Value per Table 3 $ 56,000,000
Turnover Rate (a) 0.00%
Annual Taxable Assessed Value $ -
Property Transfer Tax Rate (b) 0.110000%
Total Annual Property Transfer Taxes $ -
City's Share 50%
Total Annual Property Transfer Taxes to City $ -
Footnotes:
(a)
(b)
It is assumed that the property ownership will not change.
The County may levy a transfer tax at the rate of $0.55 for each $500 of assessed value. A City within the County that levies this tax can levy a transfer tax at a rate of $0.55 per $1,000. If both the County and City levy the transfer tax, a credit shall be allowed against the amount imposed by the County in the amount of tax that is imposed by the City per California Revenue and Taxation Code 11911.
DRAFT
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Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 7 - Transient Occupancy Tax Calculation
April 30, 2024
Rental Revenue Calculation:
Plan Type No. of Units
Average
Daily Rent
Total
Daily Rent
Total
Annual Rent
(a) (a) (a) (a) (a)
5-Bedroom 2 $ 1,700 $ 3,400 $ 1,241,000
6-Bedroom 3 1,900 5,700 2,080,500
7-Bedroom 4 2,000 8,000 2,920,000
8-Bedroom 4 2,175 8,700 3,175,500
9-Bedroom 1 2,200 2,200 803,000
Total 14 $ 2,000 $ 28,000 $ 10,220,000
Estimated Occupancy Rate (b) 50.78%
Total Estimated Annual Net Rental Revenue $ 5,190,000
Transient Occupancy Tax Rate (Short Term Rental) (c) 10.00% Total Transient Occupancy Tax $ 519,000
Footnotes:
(c) Transient occupancy tax rate per City of La Quinta Adopted Budget. (b) Occupancy Rate of 67% per Client.
(a) Existing Residential Development plan type, number of units, and anticipated gross rental revenue per Client.
DRAFT
425 CLICK HERE to Return to Agenda
Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 8 - Offsite Sales Tax Calculation
April 30, 2024
Spending by Residents:
Estimated Spending per Week per Equivalent Resident (a) $ 2,100 Estimated Annual Spending per Year per Equivalent Resident 109,200 Total Equivalent Residents 99
Less: Non-spending population (b) 20% 20
Net Equivalent Residents 79
Estimated Annual Spending $ 8,606,584
Less: Estimated Annual spending on Non Taxable Sales (c) 47% (4,045,095) Total Anticipated Annual taxable spending $ 4,561,490
Total Spending anticipated outside City (d) 50% $ (2,280,745) Total Taxable Spending within City of La Quinta $ 2,280,745 Annual Sales Taxes to City 1.00% $ 22,807
Annual Measure G Sales Taxes to City 1.00% $ 22,807
Total Annual Sales Tax to City 2.00% $ 45,615
Footnotes:
(b) Represents the estimated no. of equivalent residents who are non-spenders or kids accompanying spending adults. (d) Represents anticipated taxable spending outside the City. (a) Estimate based on average anticipated spending of $300 per person per day ($2,100 per week) based on data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area. (c) Per data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area average visitor spending.
DRAFT
426 CLICK HERE to Return to Agenda
Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 9 - Licenses and Permit Fee Calculation
April 30, 2024
Short Term Vacation Rental (STVR) Permit
Estimated Permit fee per Unit (a) $ 1,250
Total Units 14
Total STVR Permit Fee $ 17,500
Business License Fee
Estimated License fee per Unit (a) $ 500
Total Units 14
Total STVR Permit Fee $ 7,000
Total STVR Permit and Business License Fee $ 24,500
Footnotes:
(a) Estimate for STVR pemrit and business license provided by City of La Quinta.
DRAFT
427 CLICK HERE to Return to Agenda
Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 10 - General Fund Revenue and Expenditure Summary April 30, 2024
[1] [2] [3]=[1]*[2] [4] [3]/[4]=[5] [6] [5]X[6]
Recurring Items: Revenues
FY 2023/2024
Adopted
Budget (a)
Marginal
Increase (b) Net General Fund
Measure
(c)
Equivalent
Units Factor
Project
Equivalent
Persons
Project
Revenues
General Funds
Tax Revenues
Property Tax Revenue $ 3,200,000 --------------------------------------------- See Table 4 --------------------------------------------- 36,185 No-Low City Property Tax 4,985,000 0% - PER 47,579 - 99 - RPTTF Pass Through 2,860,000 0% - PER 47,579 - 99 -
State Sales Tax 12,700,000 --------------------------------------------- See Table 8 --------------------------------------------- 22,807 Measure G Sales Tax 15,700,000 --------------------------------------------- See Table 8 --------------------------------------------- 22,807 Document Transfer Tax 650,000 --------------------------------------------- See Table 6 --------------------------------------------- - TOT - Hotels 8,700,000 0% - PER 47,579 - 99 -
TOT - Short Term Vac. Rentals 5,800,000 --------------------------------------------- See Table 7 --------------------------------------------- 519,000 TOT - Bed and Breakfast 90,000 0% - PER 47,579 - 99 -
TOT - Resort Fees 375,000 0% - PER 47,579 - 99 -
Franchise Taxes - Burrtec 1,050,000 100% 1,050,000 PER 47,579 22.07 99 2,174 SoCal Gas Franchise 200,000 100% 200,000 PER 47,579 4.20 99 414 Cable Television Franchise Fee 675,000 100% 675,000 PER 47,579 14.19 99 1,398 Communications Franchise Fees 200,000 100% 200,000 PER 47,579 4.20 99 414 Property Tax In Lieu of VLF 5,445,000 --------------------------------------------- See Table 5 --------------------------------------------- 16,079 Licenses & Permits 2,521,300 --------------------------------------------- See Table 9 --------------------------------------------- 24,500 Intergovernmental 9,178,000 --------------------------------------------- See Table 4 --------------------------------------------- 30,478 Charges for Services 963,200 100% 963,200 PER 47,579 20.24 99 1,994 Fines, Forfeitures & Abatements 465,500 100% 465,500 PER 47,579 9.78 99 964 Use of Money & Property 1,860,000 100% 1,860,000 PER 47,579 39.09 99 3,851 Miscellaneous 860,100 0% - PER 47,579 - 99 -
Total Revenues $ 78,478,100 $ 683,066
Expenditures
City Council $ 317,900 50% $ 158,950 PER 47,579 $ 3.34 99 $ 329 City Manager's Department
City Manager's Division 1,588,360 50% 794,180 PER 47,579 16.69 99 1,644 Human Resources 651,800 50% 325,900 PER 47,579 6.85 99 675 Marketing/Community Relations 1,814,660 50% 907,330 PER 47,579 19.07 99 1,879 Total City Manager's Department 4,054,820 4,198
City Attorney 800,000 50% 400,000 PER 47,579 8.41 99 828 City Clerk's Department 1,169,670 50% 584,835 PER 47,579 12.29 99 1,211 Community Services
Community Resources Administration 888,160 50% 444,080 PC 37,979 11.69 99 1,152 Wellness Center Operations 837,870 50% 418,935 PC 37,979 11.03 99 1,087 Recreation Programs/Special Events 1,578,150 100% 1,578,150 PER 47,579 33.17 99 3,268 Total Community Services 3,304,180 5,506
Public Safety
Police 18,583,800 100% 18,583,800 PER 47,579 390.59 99 38,480 Fire 9,889,120 100% 9,889,120 PER 47,579 207.85 99 20,477 Emergency Services 322,300 100% 322,300 PER 47,579 6.77 99 667 Code Compliance/Animal Control 1,713,340 50% 856,670 PER 47,579 18.01 99 1,774 Public Safety Administration 324,640 50% 162,320 PER 47,579 3.41 99 336 Total Public Safety 30,833,200 61,734
Public Works
Parks Maintenance 4,144,950 100% 4,144,950 PER 47,579 87.12 99 8,583 Public Buildings 1,715,750 100% 1,715,750 PER 47,579 36.06 99 3,553 Public Works Administration 821,900 50% 410,950 PER 47,579 8.64 99 851 Development Services 532,900 50% 266,450 PER 47,579 5.60 99 552 Streets- Traffic 885,750 100% 885,750 PER 47,579 18.62 99 1,834 Engineering Services 1,007,600 100% 1,007,600 PER 47,579 21.18 99 2,086 Total Public Works 9,108,850 17,458
Design & Development
Design & Development Administration 811,600 100% 811,600 PER 47,579 17.06 99 1,681 Planning 707,400 100% 707,400 PER 47,579 14.87 99 1,465 Building 1,398,700 100% 1,398,700 PER 47,579 29.40 99 2,896 The Hub 1,341,700 100% 1,341,700 PER 47,579 28.20 99 2,778 Total Design & Development 4,259,400 8,820
Fiscal Services
Finance 1,957,270 100% 1,957,270 PER 47,579 41.14 99 4,053 Central Services 17,348,100 100% 17,348,100 PER 47,579 364.62 99 35,922 Total Fiscal Services 19,305,370 39,974
Total Expenditures $ 73,153,390 $ 140,059
Recurring Balance $ 5,324,710 $ 543,007
Footnotes:
(a) Per City of La Quinta Adopted Budget for Fiscal Year 2023-24. (b) The marginal increase represents the impact to the City's revenue and expenditure due to the nature of the revenue and expenditure relative to the Project. (c) Based on (1) 37,979, City of La Quinta residents, California Department of Finance, January 1, 2023, (2) 19,200, total City of La Quinta employees and (3) City employment reduced by 50% to account for the estimated less frequent use of City public services by employees than residents.
DRAFT
428 CLICK HERE to Return to Agenda
Exhibit A
Desert Luxury Properties, LLC
Polo Estates 14
City of La Quinta
Table 11 - Development Impact Fee Summary
April 30, 2024
Fee Category Rate Quantity Total Fees
Park Improvements (a) $ 2,106 Per Unit 14 $ 29,484
Community/Culture (a) 956 Per Unit 14 13,384
Library (a) 397 Per Unit 14 5,558
Civic Center (a) 1,230 Per Unit 14 17,220
Maintenance Facilities (a) 313 Per Unit 14 4,382
Fire (a) 369 Per Unit 14 5,166
Transportation (a) 4,009 Per Unit 14 56,126
CVAG TUMF (b) 2,740 Per Unit 14 38,360
Multi Species Plan Fees (c) 1,625 Per Unit 14 22,750
Total Estimated Development Impact Fees: $ 192,430
Footnotes:
(a)
(b)
(c)
Represents the currently collected Coachella Valley Association of Governments ("CVAG") TUMF rate per unit, effective Jan 1, 2024.
Represents the impact fees for City of La Quinta ("City") per Development Impact Fee Study dated September 23, 2019 effective for permit applications received on or after July 1, 2020.
Represents the currently collected Coachella Valley Multi Species Habitat Conservation ("MSHCP") Fees effective July 1, 2023.
DRAFT
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ATTACHMENT 4
PROJECT INFORMATION
CASE NUMBER: SITE DEVELOPMENT PERMIT 2024-0001
DEVELOPMENT AGREEMENT 2024-0001
REQUEST: CONSIDER RESOLUTIONS RECOMMENDING CITY COUNCIL
APPROVAL OF A SITE DEVELOPMENT PERMIT TO CONSTRUCT
14 SINGLE-FAMILY RESIDENTIAL UNITS AND A DEVELOPMENT
AGREEMENT TO ESTABLISH THE RESPONSIBILITIES OF THE
DEVELOPER FOR BRAVO ESTATES (TTM 31852)
LOCATION: APNs: 777-470-001 THROUGH -014
CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS
DETERMINED THAT THIS PROJECT IS CONSISTENT WITH THE
MITIGATED NEGATIVE DECLARATION PREPARED FOR
TENTATIVE TRACT MAP 31852 AND ENVIRONMENTAL
ASSESSMENT 2003-495, WHICH WAS ADOPTED BY THE LA
QUINTA CITY COUNCIL ON AUGUST 17, 2004, VIA COUNCIL
RESOLUTION NO. 2004-098.
GENERAL PLAN
DESIGNATION: LOW DENSITY RESIDENTIAL
ZONING
DESIGNATION: VERY LOW DENSITY RESIDENTIAL WITH AN EQUESTRIAN
OVERLAY
SURROUNDING
ZONING/
LAND USES: NORTH: VERY LOW DENSITY RESIDENTIAL WITH AN
EQUESTRIAN OVERLAY/ EXISTING SINGLE-FAMILY
HOME
SOUTH: LOW DENSITY RESIDENTIAL / HIDEAWAY COUNTRY
CLUB
EAST: CITY OF INDIO / EMPIRE POLO GROUNDS
WEST: VERY LOW DENSITY RESIDENTIAL WITH AN
EQUESTRIAN OVERLAY / LA QUINTA POLO ESTATES
430 CLICK HERE to Return to Agenda
Snell & Wilmer
600 ANTON BLVD, SUITE 1400
COSTA MESA, CA 92626-7689
714.427.7000 P
714.427.7799 F
ALBUQUERQUE BOISE DALLAS DENVER LAS VEGAS LOS ANGELES LOS CABOS ORANGE COUNTY PHOENIX PORTLAND RENO SALT LAKE CITY SAN DIEGO SEATTLE TUCSON WASHINGTON, D.C.
Sean M. Sherlock
(714) 427-7036
[email protected]
November 27, 2024
VIA E-MAIL
City of La Quinta
City Council
78495 Calle Tampico
La Quinta, California 92253
[email protected]
Re: Written Comments; Site Development Permit 2024-0001 and Development Agreement 2024-0001
Dear Councilpersons:
This firm represents Eagle Mountain Investors, LLC (“EMI”). We write on its behalf to object to the application and proposed approval of the above-referenced Site Development Permit and Development Agreement. We urge the City Council to deny the Site Development Permit and Development Agreement.
EMI owns six common area lots within the proposed Bravo Estates development (the “Project”). The common area lots owned by EMI are Lots A and C through G. EMI acquired these lots in a foreclosure sale pursuant to a Sheriff’s Deed Under Writ of Execution recorded in the Official Records of Riverside County on August 4, 2022, as Document No. 2022-0345662.
A copy of the Sheriff’s Deed is attached to this letter.
1. The Applicant Does Not Own All Properties Comprising the Project The applicant, Desert Luxury Properties, LLC (“Applicant”), does not own the common area lots and does not have EMI’s consent to develop or use the common area lots. Section
9.200.010(C) of the City’s Municipal Code provides: “An application for a permit or other action under Chapters 9.200 through 9.260 [including a Site Development Permit under section
9.210.010] may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency.” ATTACHMENT 5
431 CLICK HERE to Return to Agenda
Snell & Wilmer
City of La Quinta
November 27, 2024
Section 9.250.020(C)(3) of the City’s Municipal Code provides: “An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person.”
Because the Applicant does not own the common area lots within the Project and does not have EMI’s consent to develop or use the common area lots, its applications for a Site Development Permit and Development Agreement are improper under the City’s rules. It is well settled under California law that a city must follow its own codified procedures. See e.g., Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012.
2. The Applicant’s Asserted Easement Rights Do Not Support the Uses Contemplated by the Project
We understand from the Applicant’s presentation to the Planning Commission that the Applicant asserts easement rights over the common area lots. Even if the Applicant has any easement rights over the lot – which EMI denies – such rights do not extend to the common area lots for drainage and landscaping, and do not permit the Applicant to construct improvements such as gates, utilities, or other infrastructure on the lots.
We understand that the Applicant is relying on language in Tract Map 31852 which retains these common area lots “for the sole benefit of ourselves, our successors, assignees, and lot owners within this tract.” This language is inadequate to create an express easement because there is no language of conveyance. To create an easement by grant, there must be operative words conveying an interest in real estate. See Miller and Star California Real Estate, §15:13.
An easement by reservation is created only when the landowner conveys the servient tenement and retains the use of the easement across the property conveyed. Ibid. “One cannot grant an easement to oneself; one can only reserve such an interest in the land granted to another.” Mikels v. Rager (1991) 232 Cal. App. 3d 334, 359. In this case there was no grant of the land to another – only the recording of a Tract Map. Therefore, the language on the Tract Map is insufficient to create a valid express easement.
To the extent the Applicant asserts an implied easement for ingress and egress to and from its 14 residential lots, California’s recognition of implied easements extends only to access.
See e.g., Danielson v. Sykes (1910) 157 Cal. 686, 689; Tract Dev. Servs., Inc. v. Kepler (1988) 199 Cal. App. 3d 1374, 1383. Applicant has no implied easement over the landscape or drainage lots, and no right to construct and maintain a gate, utilities, infrastructure, or other improvements on Lot A. At the Planning Commission hearing the Applicant’s legal counsel stated that Applicant would provide EMI with a fob to gain access through the gate. That misses the point.
EMI’s rights are not limited to access. EMI owns the property. Even if the Applicant has any easement rights to Lot A, its rights would be limited to ingress and egress. “The rule is that 432 CLICK HERE to Return to Agenda
Snell & Wilmer
City of La Quinta
November 27, 2024
every incident of ownership not inconsistent with the easement and the enjoyment of the same, is reserved to the grantor.” Dolske v. Gormley (1962) 58 Cal. 2d 513, 519.
3. The City Failed to Provide Required Notices
Further, the City has not provided EMI required notices concerning its processing of these applications. On May 15, 2024, Mr. Ty Thomas, on behalf of EMI, spoke with and e-mailed the City’s Associate Planner Siji Fernandez, asking that EMI be notified about these applications. Mr.
Fernandez confirmed that EMI would be notified. In the following months EMI received no notifications concerning the City’s processing of the applications. Not until Mr. Thomas inquired with Mr. Fernandez on October 30, 2024, did EMI learn that the applications were proceeding to Planning Commission hearing on November 12.
EMI received no Notice of Intent to Adopt (“NOI”) a Mitigated Negative Declaration (“MND”) under the California Environmental Quality Act (“CEQA”). Under CEQA a NOI must be sent to “all organizations and individuals who have previously requested such notice in writing ...” and also by “[d]irect mailing to the owners and occupants of property contiguous to the project.” 14 Cal. Code Regs., § 15072(b)(3). Because EMI’s common area lots are within the proposed Project and contiguous to the lots owned by Applicant, and because EMI had specifically requested notice, the City was required to provide notice to EMI.
4. The 20-Year Old CEQA Document is Outdated and Inadequate The City is proposing to rely on a Mitigated Negative Declaration (“MND”) that is more than 20 years old, without having performed any evaluation of the changes in the project, changes in the circumstances under which the project is undertaken, new information, and without any substantial evidence that such changes or new information do not warrant subsequent environmental review under CEQA.
At the Planning Commission hearing the City’s staff asserted, without any explanation or supporting evidence, that there have been no changes in the project, changes in the circumstances under which the project is undertaken, or new information since the MND was prepared in 2004.
This cannot possibly be true, given the creation and explosion of the short-term vacation rental market and the growth of the neighboring Coachella and Stagecoach music festivals since 2004.
Planning staff and the Applicant stated at the Planning Commission hearing that the project will consist of 14 homes up to eight bedrooms, and only three-car garages, which will all be owned by the same entity and used exclusively for short term vacation rentals. As one Commissioner noted, the City is being asked to approve a 100-key resort. The parking, traffic, noise, energy consumption, greenhouse gas emissions, and other environmental impacts associated with this 100-key resort will be far more significant than the impacts contemplated in 2004. This is particularly the case considering the explosive growth of the Coachella and Stagecoach music festivals, as well as other area growth, since 2004.
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Snell & Wilmer
City of La Quinta
November 27, 2024
Additionally, the 2004 MND would not have considered the project’s energy use and greenhouse gas emissions.
CEQA makes no provision for reliance on a 20-year old MND. To the extent that CEQA procedures for reliance on an EIR from an earlier project apply, the City has not, to our knowledge, followed such procedures. Because the City requires review of Development Agreements every 12 months (see Muni. Code, § 9.250.020(C)(14)(a)), and places a 24-month limit on Site Development Permits (see Muni. Code, §§ 9.210.020(G), 9.200.080(B)), it is unreasonable to rely on CEQA environmental review that is more than 20 years old.
5. The Applicant is Attempting to Gain an Undue Advantage At the Planning Commission hearing, the Applicant’s legal counsel dismissed EMI’s objections as merely intended to gain “leverage.” He has it backwards. EMI is the lawful owner of the common area lots and has every right to recoup its investment. The Applicant, on the other hand, seeks to profit from development of this project without having to acquire the common area lots as is customary.
In summary, the City’s approval of these applications would not be consistent with its own Municipal Code, CEQA, or the State’s zoning law. Accordingly, on behalf of EMI we respectfully urge the City Council to deny the Site Development Permit and Development Agreement.
Please include this letter and attachment in the administrative record for this matter.
Best regards,
Snell & Wilmer
Sean M. Sherlock
4860-1643-2378
434 CLICK HERE to Return to Agenda
RECORDING REQUESTED BY AND RETURN TO:
Riverside County Sheriffs Office
46200 Oasis St., Rm. B15
Indio, CA 92201
(760) 863·8255
Fax: (760) 863·8919
California Relay Service Number
(800) 735·2929 TOO or 711
2022-0345662
08/04/2022 12:28 PM Fee: $ 23.00
Recorded in Official Records
County of Riverside
Peter Rldana
Rssessor-County Clerk-Recorder
III1~~I rl~~~!,IW.liltt\)~~t:llflllll
THIS SPACE FOR RECORDER'S USE ONLY
~Ti ~21-5.DO
l1CA 010
Sheriffs Deed County of Riverside, State of California
Under Writ of Execution
Title of Document
sse Form 6.31
07/1212008 (New)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional Recording Fee Applies)
435 CLICK HERE to Return to Agenda
DOC #2022-0345662 Page 2 of 4
ATTORNEY OR PARTY WITHOUT ATIORNEY (Name, stat. Bar Number, IJIId AdWess): LEVYING OFFICER (Name and Address):
Kelley & Kelley Riverside County Sheriff's Office
19200 Von Karman Ave., Ste 600 46200 Oasis St., Rm. 815 Irvine, CA 92612 Indio, CA 92201
TElEPHONE NO.: Primary: (949) 463-5514 FAX NO.: (760) 863-8255 E·MAILADDRESS: (760) 863-8919
ATIORNEYFOR(N"",.): Eagle Mountain Investors, LLC
SUPERIOR COURT OF CALIFORNIA. COUNTY OF Riverside California Relay Service Number STREET ADDRESS: 4050 Main Street (800) 735-2929 TOO or 711 MAILING ADORESS:
CITYANDZIPCODE: Riverside, CA 92501
BRANCHNAME: Riverside County Superior Court
PLAINTIFFIPETITIONER: Ruth B. Hardy Revocable Trust, et al. COURT CASE NUMBER:
OEFENDANTIRESPONDENT: Mark Lee Rlndlesbaeh, et al. RIC1301418 Sheriffs Deed County of Riverside, State of California LEVYING OFFICER FILE NUMBER:
Under Writ of Execution 2021301856
Date of Entry of Judgment:
Judgment Creditor(s):
01/31/2013 Subsequent Renewal Date(s):
Judgment Debtor(s):
Eagle Mountain Investors, LLC, clo Kelley & Kelley, 19200 Von Karman Ave., Ste 600, Irvine, CA 92612
Mark Lee Rindlesbach, Trustee of Rindlesbach Const. Inc. Profit Sharing Plan aka Rindlesbach Construction Inc. Profit Sharing Plan aka Mark L. Rindlesbach, Trustee of The Rindlesbach Construction, Inc. Profit Sharing Plan, 196 E. Handcart Way, Sandy, UT 84070-0359
Chad Bianco, Sheriff - Coroner, County of Riverside, State of California, hereinafter referred to as "Sheriff".
Eagle Mountain Investors, LLC, a Utah Limited Liability Company, clo Kelley & Kelley, 19200 Von Karman Ave., Ste 600, Irvine, CA 92612, hereinafter referred to as Grantee(s). .._
GRANTOR:
GRANTEE(S):
Whereas, a Writ of Execution was directed and delivered to the Sheriff, together with written instructions by the Judgment Creditor and his/her attorney to levy upon and sell the referenced Judgment Debtor's right, title, and interest in the real property herein described; the real property was levied upon by the Sheriff pursuant to 700.015 CCP on 11/0312021.
After waiting the mandatory time prescribed by law, I advertised the herein described real property for sale. On 07/07/2022 10:00 AM, I sold said real property to the highest bidder, Eagle Mountain Investors, LLC, a Utah Limited Liability Company, who paid $250,000.00. This sale was conducted according to the California Code of Civil Procedure and the California Commercial Code (Rules of Auction).
I, THE SHERIFF, by virtue of said Writ, and in pursuance of the Code of Civil Procedure, do grant, sell, convey unto the purchaser(s), herein named and identified as Grantee(s), all right, title and interest of the herein named judgment debtor in the reai property described in this deed.
CPM Fonn 6.26
11/10/2013 (Revised)
Sheriff's Deed County of Riverside, State of California Under Writ of Execution
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DOC #2022-0345662 Page 3 of 4
SHORT TITLE CASE NUMBER
Ruth B. Hardy Revocable Trust, et al. vs. Mark Lee Rindlesbach, et al. RIC1301418 Description of REAL PROPERTY for which this deed is issued:
Physical Address: Vacant land located In La Quinta, CA
Legal Description: See attached Legal Description
Assessor's Parcel Number: See attached Legal Description IN WITNESS WHEREOF, I have hereunto set my hand this: 7/26/2022
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the Identity 01 the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity 01 that document.
Siale of California
County of Riverside )
On AUG - 3 2022 before me ~arltl N. Ava(~ I N'otatY Qub{,'(j personally appeared J"ta t.j Ai va r1,7.... who proved 10 me on Ihe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
(Notary Seal)
Notary Public in and for the County of Riverside,
State of California
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DOC #2022-0345662 Page 4 of 4
Legal Description:
Real property situated in the State of California, County of Riverside, City of La Quinta, described as follows:
Parcell:
Lots "A" and "C" through "Q" of Tract No. 31852, in the City of La Quinta, County of Riverside, State of California, as shown by Map on file in Book 402 Pages 38 through 41, inclusive, of Maps, Records of Riverside County, California.
Parcel 2:
Non-Exclusive easements and rights of way of uniform width of 10 feet and the right to use in common with others the present irrigation pipeline for the purpose of taking delivery of canal irrigation from the Coachella Valley County Water District Meter No. 1674 located in Northwest comer of Lot 1 of Tract 6682;
The southerly 10 feet of the northerly'Zf feet of Lot 1 of Tract 6682; the easterly 10 feet of the westerly 36 feet of Lot 3 of Tract 6682; the southerly 10 feet of the northerly 25 feet of the westerly 26 feet of Lot 3 of Tract 6682.
APNNos.:
777-470-021
777-470-015
777-470-016
777-470-017
777-470-018
777-470-019
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Construction: R3-U Occupancy: Zoning: R-E Residential District Type VB, Non-Rated A1.1 Conceptual Site Rendering A2.1 Conceptual Rendering All construction shall comply with the 2022 California Building, Mechanical, Electrical, Plumbing, and 2008 Energy Codes and the La Quinta Municipal Code. A Residential Development Structural Engineering: 2022 California Building Code Codes Used: 2022 California Energy Code 2022 California Residential Code 2022 California Plumbing Code 2022 California Mechanical Code 2022 California Electrical Code 2022 California Green Building Code 2022 California Fire Code TRACT 31852 MB 402/38-41 All "or equal" substitutions must be submitted to, and approved by the Building Official prior to installation of the item. The developer / contractor / owner is responsible for the verification of existing curb location (or edge of street paving if no curbs exist) from property line(s) with the Public Works Department. Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge, who shall review them an forward them to the building official with a notation indicating that the deferred documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred items shall NOT be installed until theirdesign and documents have been approved by the building official. for Owners : DESERT LUXURY PROPERTIES, LLC 72670 FRED WARING DRIVE PALM DESERT, CA 92260 Rodolfo Lizarde Contact: Rodolfo Lizarde 74350 Goleta Avenue Palm Desert, CA 92260 (760) 285-2027 Civil Engineer: Fomotor Engineering Contact: Phillip Fomotor 225 S. Civic Drive, Suite 1-5 Palm Springs, CA 92262 (760) 323-1842 Landscape Design: Ray Martin Design Corp. Contact: Ray Martin 78060 Calle Estado Suite #16 (760- 698-9696 A1.0 Conceptual Architectural Site Plan Truss Calculations & Fire sprinkler System 1-A3.0 Lot 1 - Elevations Design:
Conceptual Renderings Lot 1 - Floor Plan Lot 1 - Roof Plan A2.0 1-A2.0 1-A6.0 Bravo Estates at NWC OF 52ND AVENUE & MADISON STREET RODOLFO LIZARDE A1.2 Site Entry Rendering A1.3 Color & Materials - Entry A2.2 Conceptual Rendering A2.3 Conceptual Rendering A2.4 Site Pictures A2.5 Site Pictures 11-A3.0 Lot 11 - Elevations 12-A6.0 Lot 12 - Roof Plan 11-A2.0 Lot 11 - Floor Plan P-1 Preliminary Landscape Plan 14-A6.0 Lot 14 - Roof Plan Lot 12 - Elevations Lot 14 - Elevations Preliminary Landscape Site Plan 12-A3.0 14-A3.0 SPP-3 Preliminary Landscape Plan L-1 Preliminary Lighting Plan 11-A6.0 Lot 11 - Roof Plan 12-A2.0 Lot 12 - Floor Plan 13-A2.0 Lot 13 - Floor Plan 13-A3.0 Lot 13 - Elevations 13-A6.0 Lot 13 - Roof Plan 14-A2.0 Lot 14 - Floor Plan L-2 Preliminary Lighting Plan L-3 Lighitng Details 2-A3.0 Lot 2 - Elevations Lot 2 - Floor Plan Lot 2 - Roof Plan 2-A2.0 2-A6.0 3-A3.0 Lot 3 - Elevations Lot 3 - Floor Plan Lot 3 - Roof Plan 3-A2.0 3-A6.0 4-A3.0 Lot 4 - Elevations Lot 4 - Floor Plan Lot 4 - Roof Plan 4-A2.0 4-A6.0 5-A3.0 Lot 5 - Elevations Lot 5 - Floor Plan Lot 5 - Roof Plan 5-A2.0 5-A6.0 6-A3.0 Lot 6 - Elevations Lot 6 - Floor Plan Lot 6 - Roof Plan 6-A2.0 6-A6.0 7-A3.0 Lot 7 - Elevations Lot 7 - Floor Plan Lot 7 - Roof Plan 7-A2.0 7-A6.0 8-A3.0 Lot 8 - Elevations Lot 8 - Floor Plan Lot 8 - Roof Plan 8-A2.0 8-A6.0 9-A3.0 Lot 9 - Elevations Lot 9 - Floor Plan Lot 9 - Roof Plan 9-A2.0 9-A6.0 10-A3.0 Lot 10 - Elevations Lot 10 - Floor Plan Lot 10 - Roof Plan 10-A2.0 10-A6.0 A1.3 Color & Materials - Houses ATTACHMENT 6
439
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RODOLFO LIZARDE
Conceptual Architectural Site Plan
440
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RODOLFO LIZARDE
Conceptual Site Rendering
441
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RODOLFO LIZARDE
Site Entry Rendering
442
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RODOLFO LIZARDE Color & Materials Board Perimeter Walls and Exterior Walls La Habra Stucco Color Coat / Base 100 - Crystal White X-50 (79) Perimeter Columns La Habra Stucco Tuxedo 3033L (12) 443
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RODOLFO LIZARDE Color & Materials Board Perimeter Walls and Exterior Walls La Habra Stucco Color Coat / Base 100 - Crystal White X-50 (79) Window Frames Milgard Bronze Anodized Garage Doors LUX Garage Doors Contemporary Black Aluminum & White Laminate (Privacy) Glass 444
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RODOLFO LIZARDE
Conceptual Renderings
Conceptual Renderings
445
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RODOLFO LIZARDE
Conceptual Renderings
Conceptual Renderings
446
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RODOLFO LIZARDE
Conceptual Renderings
Conceptual Renderings
447
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RODOLFO LIZARDE
Conceptual Renderings
Conceptual Renderings
448
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RODOLFO LIZARDE Site Pictures Site Pictures
449
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RODOLFO LIZARDE Site Pictures
450
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RODOLFO LIZARDE
451
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RODOLFO LIZARDE
452
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RODOLFO LIZARDE
453
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RODOLFO LIZARDE
454
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RODOLFO LIZARDE
455
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RODOLFO LIZARDE
456
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RODOLFO LIZARDE
457
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RODOLFO LIZARDE
458
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RODOLFO LIZARDE
459
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RODOLFO LIZARDE
460
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RODOLFO LIZARDE
461
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RODOLFO LIZARDE
462
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RODOLFO LIZARDE
463
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RODOLFO LIZARDE
464
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RODOLFO LIZARDE
465
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RODOLFO LIZARDE
466
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RODOLFO LIZARDE
467
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RODOLFO LIZARDE
468
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RODOLFO LIZARDE
469
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RODOLFO LIZARDE
470
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RODOLFO LIZARDE
471
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RODOLFO LIZARDE
472
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RODOLFO LIZARDE
473
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RODOLFO LIZARDE
474
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RODOLFO LIZARDE
475
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RODOLFO LIZARDE
476
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RODOLFO LIZARDE
477
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RODOLFO LIZARDE
478
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RODOLFO LIZARDE
479
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RODOLFO LIZARDE
480
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RODOLFO LIZARDE
481
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RODOLFO LIZARDE
482
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RODOLFO LIZARDE
483
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RODOLFO LIZARDE
484
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RODOLFO LIZARDE
485
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RODOLFO LIZARDE
486
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RODOLFO LIZARDE
487
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RODOLFO LIZARDE
488
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RODOLFO LIZARDE
489
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RODOLFO LIZARDE
490
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RODOLFO LIZARDE
491
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RODOLFO LIZARDE
492
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1" = 40'-0"
SITE PLAN
SITE PLAN SP-1
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
CVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE
IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,
LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE 0
GRAPHIC SCALE
40 80 160
1" = 40'-0"
LOW WATER USING PLANTS- ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66 TOTAL ESTIMATED WATER USE = 101.71
MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21 MODERATE WATER USING PLANTS- ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05 SOUTH OF AVENUE 50, LA QUINTA
NON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT.
CVWD WATER CALCULATIONS - ZONE 3
PRELIMINARY ESTIMATED FRONTAGE MAX WATER USE
493 CLICK HERE to Return to Agenda
SITE KEY MAP - N.T.S.
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
CVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATEDIMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE
1" = 30'-0"
PRELIMINARY LANDSCAPE PLAN
PRELIMINARY LANDSCPE PLAN P-1
0 GRAPHIC SCALE
30 60 120
1" = 30'-0"
MATCHLINE: SEE P-2
MATCHLINE: SEE P-2
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LOW WATER USING PLANTS- ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66 TOTAL ESTIMATED WATER USE = 101.71
MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21 MODERATE WATER USING PLANTS- ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05 SOUTH OF AVENUE 50, LA QUINTA
PRELIMINARY ESTIMATED FRONTAGE MAX WATER USE
NON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT.
CVWD WATER CALCULATIONS - ZONE 3
LIMIT OF WORK
494
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SITE KEY MAP - N.T.S.
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
CVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATEDIMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE
1" = 30'-0"
PRELIMINARY LANDSCAPE PLAN
PRELIMINARY LANDSCAPE PLAN P-3
MATCHLINE: SEE P-1
MATCHLINE: SEE P-1
0 GRAPHIC SCALE
30 60 120
1" = 30'-0"
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LOW WATER USING PLANTS- ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66 TOTAL ESTIMATED WATER USE = 101.71
MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21 MODERATE WATER USING PLANTS- ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05 SOUTH OF AVENUE 50, LA QUINTA
NON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT.
CVWD WATER CALCULATIONS - ZONE 3
PRELIMINARY ESTIMATED FRONTAGE MAX WATER USE
495
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LIGHTING PLAN
L-1
PALM / SPOT LIGHT
REFER TO LIGHTING LEGEND
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE
0 GRAPHIC SCALE
30 60 120
1" = 30'-0"
MATCHLINE: SEE L-2
MATCHLINE: SEE L-2
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
PRELIMINARY LIGHTING PLAN
SITE KEY MAP - N.T.S.
1" = 30'-0"
496
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L-2
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE
SITE KEY MAP - N.T.S.
MATCHLINE: SEE L-1
MATCHLINE: SEE L-1
0 GRAPHIC SCALE
30 60 120
1" = 30'-0"
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
PALM / SPOT LIGHT
REFER TO LIGHTING LEGEND
LIGHTING PLAN
PRELIMINARY LIGHTING PLAN
1" = 30'-0"
497
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N.T.S.
LIGHTING DETAILS
L-3
LA QUINTA, CA 92253
BRAVO ESTATES
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH
RMDC
THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.
BRAVO ESTATES
BRAVO ESTATES
TENTATIVE TRACT NO. 31852
APNS: 777-470-001 THRU 777-470-014
TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE
PRELIMINARY LIGHTING DETAILS
498
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2024
4th Quarter (October - December 2024)
and 2024 Annual Review
DESIGN & DEVELOPMENT
QUARTERLY REPORT
The Design and Development Department consists of three divisions:
The Hub, Building, and Planning
Permits Planning Business License
B u s i n e s s L i c e n s e s I s s u e d
L I C E N S E S A N D P E R M I T S
The Hub serves as a one-stop permit center. It is the central location for obtaining permits for planning, building, engineering, business licenses, and special events. The Hub also issues permits for garage sales, home occupations, pool drains, re-roofs, and HVAC, window, water heater, and utility changeouts.
253
183
239
287
168
210
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
475
874 849
660 680
Q 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
Online (87.58%) In-Person (12.42%)
P e r m i t s P r o c e s s e d
O n l i n e / I n - P e r s o n
W e l c o m e N e w B u s i n e s s e s
GC Nursing, Inc.
Metcore Concrete, Inc.
Pocial, LLC
Kitchen Idea
Healing Well Therapy
Meraki & Co.
New SoCal Medical Group
ESSI Engineering
Moving Mountains Wellness and Therapy
Indemp Radiance, Inc.
PGA TOUR Superstore
Sanjay Verma, MD
La Quinta Cleaners, Inc. (New Owner)
13 New Local Businesses
O t h e r P e r m i t s I s s u e d
130
180
123
180
101 135
OCTOBER NOVEMBER DECEMBER
2023 2023 2024 2023 2024
332 312 388 381 495
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
DEPARTMENTAL REPORT ITEM NO. 5
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$127k $184k
$439k
$205k $159k
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
84 64 78 66 83
55 239
292
206 180 213 170
2023
OCTOBER NOVEMBER DECEMBER
2024 2023 2024 2023 2024
280
220 168 197 221 165
OCTOBER NOVEMBER
2023 2024
DECEMBER
2023 2024 2023 2024
Building Division
Plan Check Submittals
614 715 954
658 642
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
Building Permits Issued
486 492 678 689 582
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
P L A N C H E C K A N D B U I L D I N G P E R M I T S
The Building Division administers and issues all residential and commercial building permit applications, reviews plans (plan checks), and conducts on-site building inspections for compliance with the La Quinta Municipal Code and California Building Standards Code.
Building Inspections
1,840
1,482 1,569
1,182
1,579
1,041
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
Average Building Inspections Per Day
$55k $54K $40k
$58K
$110k
$51k $47K $64K $57k $71K $61k $73K
Plan Check Fees Collected: $215,201 Building Permit Fees Collected: $159,319 $168k
$424k
$193k $205k $215K
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
2,482
3,801
6,943
4,988
3,705
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q3 2024
41 62
116
82 62
Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
FINANCIAL DATA
INSPECTION DATA
500
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33 20 23 18
42 Q4 2020 Q4 2021 Q4 2022 Q4 2023 Q4 2024
PLANNING
The Planning Division administers the zoning and development standards and works with residential and commercial developers, architects, builders, and businesses to ensure that development is consistent with the City's Zoning Code and General Plan. Planning staff coordinates with the Planning Commission, whose primary function is to develop and maintain the City’s General Plan, consider development applications, as well as to serve as an advisory body to the City Council.
Planning Staff Approvals
Increase maximum wall height located at 53885 Humboldt Boulevard.
Temporary Use Permit to operate two food trucks on vacant lots located on Avenida Bermudas near Main Street.
Special Event Permit for the La Quinta Art Celebrations in November 2024 and February 2025.
Special Event Permit for the Annual La Quinta Historical Society (October 25, 2024) and Loving All Animals October 26, 2024) fundraisers located at 58300 Almonte Drive.
Temporary Use Permit for the Lowe's Christmas Tree Lot.
Temporary Use Permit for Rancho La Quinta Golf Shop temporary operations at 79301 Cascadas Circle.
Final Landscaping Plan for Chick-fil-A.
Site Development Permit for Rancho La Quinta Fitness Center including men's and women's locker room buildings, lap pool, spa, deck and trellis, golfcart parking lot, and designated disabled parking spaces.
Sign Program for Trilogy La Quinta Golf Course Clubhouse.
Special Event Permit for Ironman 70.3 Triathlon, December 7-8, 2024.
Decrease a rear/front yard setback for a single-family residence at 51015 Avenida Velasco.
Temporary Use Permit for an outdoor furniture sale at 46650 Adams Street.
Temporary Use Permit for the Home Depot Christmas Tree Lot.
Minor Adjustment for front/rear yard setbacks and minimum garage width at a residence at 52550 Avenida Diaz.
Sign Program for Chick-fil-A.
Minor Adjustment for front/rear yard setbacks and minimum garage width at a residence at 52530 Avenida Diaz.
Special Event Permit for the American Express Golf Tournament at PGA West and La Quinta Country Club.
PLANNING APPLICATIONS RECEIVED
11 11 14
10 11
21 Planning Commission Actions
Approved Sign Program Amendment for One Eleven La Quinta Center located along Highway 111.
Recommended Approval of:
Jefferson Square (Flora) a 95 unit multi-family residential development.
Zoning Ordinance Amendment for zoning and subdivision code regarding residential special events, tentative map public hearing noticing, village parking allowances, use of vinyl fencing, bed and breakfast inn permitting, residential garage setbacks, temporary use permit timing and expirations, ad accessory dwelling unit (ADU)regulations.
Landmark Designation for a residential property located in the La Quinta Cove at 51407 Avenida Velasco.
Site Development Permit for 14 single-family residences (Bravo Estates) located at the northwest corner of Avenue 52 and Madison Street and a development agreement to allow for short-term vacation rentals.
OCTOBER NOVEMBER DECEMBER
2023 2024 2023 2024 2023 2024
501
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2024 Annual Review
B u s i n e s s L i c e n s e s I s s u e d
2,506
2,988 2,901 2,996 2,763
2020 2021 2022 2023 2024
1,259 1,453
1,947 1,958 1,744
2020 2021 2022 2023 2024
O t h e r P e r m i t s I s s u e d
2,132
3,104
4,143
3,033 3,005
2020 2021 2022 2023 2024
P l a n C h e c k S u b m i t t a l s
1,932
2,391
3,225 3,235
2,730
2020 2021 2022 2023 2024
B u i l d i n g P e r m i t s I s s u e d
$549k
$971k $867k $854k $965k
2020 2021 2022 2023 2024
P l a n C h e c k F e e s C o l l e c t e d
$731k
$1,.2M
$2,.1M
$1,.4M
$763k 3
2020 2021 2022 2023 2024
P e r m i t F e e s C o l l e c t e d
Online (88.98%) In-Person (11.02%)
P e r m i t s P r o c e s s e d
O n l i n e / I n - P e r s o n
123 128
148
89 112
2020 2021 2022 2023 2024
P l a n n i n g A p p l i c a t i o n s
502
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Palm Springs Airport Commission Report – November 20, 2024, Meeting Discussion and Action Items:
Master Plan Update – Fire Chief Alvarado, spoke on Fire Station #2 and Aircraft Rescue and Fire Fighting (AARF) readiness requirements. Mark Weier from Mead & Hunt presented a hybrid option for the car rental facilities that is now recommended by the staff and consultants. Phase 1 est = $322 M, Phase 2 est $179; North building would mostly for the Ready Lot and would be 2 stories underground, 1 story above ground, plus and open parking area on the roof; South building for non-customer activities would be 2 stories above ground. California Environmental Quality Act (CEQA) and National Environmental Quality Act (NEPA) would need to occur before proceeding. The historic preservationists would like to see an artist rendering showing the view from City Hall towards the airport. They also want to see specific height information. Height will be about 15’ per level. The hybrid alternative was unanimously approved by the Commission for recommendation to the City Council.
Marketing and Business Development Committee Update – Crisis Communication Plan needs updating.
Fly My Airport (powered by Kayak) is a new feature on the Airport website which facilitates booking travel and accommodations. Customer Experience Program RFP has been issued.
Next Commission Meeting: December 18, 2024, at 5:30 PM.
REPORTS AND INFORMATIONAL ITEM NO. 31-A 503 CLICK HERE to Return to Agenda 9 AIRPORT COMMISSION MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, November 20, 2024 – 5:30 P.M.
To view/listen/participate virtually in the meeting live, please contact Andrew LeCompte at [email protected] or the following telephone number (760) 318-3832 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, to access the meeting and offer public comment. Registration is not required to attend the meeting in person.
Any person who wishes to provide public testimony in public comments is requested to register for the Public Comments portion of the meeting. You may submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.
To view Airport Commission meeting videos, click on YouTube.
City of Palm Springs: Riverside County:
Margaret Park
City of Cathedral City:
Christian Samlaska
City of Palm Desert:
Kevin Wiseman Kevn J. Corcoran
– Chairman David Feltman
Dave Banks J Craig Fong City of Indian Wells:
Robert Berriman
City of Coachella:
Denise Delgado
City of Rancho Mirage:
Keith Young Todd Burke – Vice
Chairman Ken Hedrick
Daniel Caldwell Tracy Martin City of La Quinta:
Geoffrey Kiehl
City of Desert Hot
Springs:
Jan Pye
City of Indio:
Rick Wise
Bryan Ebensteiner Samantha McDermott
Palm Springs City Staff
Scott C. Stiles Harry Barrett Jr., A.A.E. Jeremy Keating City Manager Executive Director or Aviation Assistant Airport Director
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS:
Limited to three minutes on any subject within the purview of the Commission
6. APPROVAL OF MINUTES:
Minutes of the Airport Commission Regular Meeting of July 10, 2024, Special Meeting of September 12, 2024 and the Regular Meeting of September 18, 2024. 504 CLICK HERE to Return to Agenda
Airport Commission Meeting Agenda
November 20, 2024 – Page 2
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7. INTRODUCTIONS
7.A Harman Singh – Project Manager
8. DISCUSSION AND ACTION ITEMS:
8.A Master Plan Update
8.B Federal Inspection Station Feasibility
8.C Measure J Projects Update
8.D Holiday Season Preparations
8.E Operations, Properties & Facilities Committee Update
8.F Marketing and Business Development Committee Update
8.G Financial Update
8.H Concessions Update
8.I Employment Update
8.J Projects and Airport Capital Improvement Program Update
9. EXECUTIVE DIRECTOR REPORT
10. COMMISSIONERS REQUESTS AND REPORTS
11. REPORT OF COUNCIL ACTIONS:
11.A Past City Council Actions
11.B Future City Council Actions
12. RECEIVE AND FILE:
12.A Airline Activity Report September 2024
12.B Airline Activity Report Fiscal Year Comparison
12.C Feasibility Report October 2024
13. COMMITTEES:
13.A Future Committee Meetings
13.B Committees Roster
ADJOURNMENT:
The Airport Commission will adjourn to a Regular Meeting on December 18, 2024, at 5:30 P.M.
505 CLICK HERE to Return to Agenda
Airport Commission Meeting Agenda
November 20, 2024 – Page 3
_______________________________________________________________________________________
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on November 14, 2024, in accordance with established policies and procedures.
PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
506 CLICK HERE to Return to Agenda
Palm Springs Airport Commission Report – December 5, 2024, Master Plan Public Forum Presentation:
Master Plan Update – No building designs to look at this meeƟng. Goals are to maintain the uniqueness of the airport while providing for the needs of the airport. Master Plan process is required to be done at least every 20 years. Now in the phase of developing the project plan – scale, design and financing comes later. Expanding anƟcipated growth in passenger acƟvity and increasing the level of internaƟonal flight service are a key goals. The projecƟon is for an increase in overall passenger acƟvity by over double of the current level over the next 20 years.
Previously at public forums, for the locaƟon of a new Rental Car Facility, a North opƟon and a South opƟon were presented and both drew serious concern. Therefore, a new hybrid design was created and is being presented tonight. Under this design, there would be two new car faciliƟes. The first facility would be main one for servicing the rental customer needs. The second facility would be primarily for storage.
Terminal expansion is criƟcal to support the passenger growth.
Phase 1 would be focused on the North side of the airport - - addiƟonal terminal / gate area, and the rental car facility. Timeline: 2025 start thru 2029. EsƟmated cost: $754 million. Phase 2 would be focused on construcƟng a car rental storage facility on the South. This opƟon would eliminate the need for customer shuƩles from the parking areas to the terminal area. [It is fair to note that the esƟmated costs of the original proposals are: OpƟon 1 @ $501 million and OpƟon 2 @ $525 million. On two different occasions, the consultants and airport staff conceded there was not enough bonding capacity to fund either of those opƟons. Therefore, the $754 million esƟmated cost of the new hybrid opƟon presents addiƟonal challenges on funding.] Community representaƟves who spoke expressed concerns about the impact of airline fees, and traffic flows in and around the airport. A representaƟve for the modernism / architectural / historic preservaƟon group expressed relaƟve relief and approval of the new hybrid design. Probably the most negaƟve comments related to the overall premise of trying to accommodate the projected doubling of passenger growth - - instead, target no growth, no addiƟonal traffic etc., since it is only for the purpose of accommodaƟng addiƟonal visitors.
REPORTS AND INFORMATIONAL ITEM NO. 31-B 507 CLICK HERE to Return to Agenda 508 CLICK HERE to Return to Agenda
Palm Springs Airport Commission Report – December 18, 2024, Meeting Discussion and Action Items:
Public-Private Partnerships – RepresentaƟves from Kaplan Kirsch and from Frasca & Associates presented. The benefits and payment structures of Public-Private Partnership (P3) were discussed.
Maximum iniƟal contract length of 35 years. Rental Car FaciliƟes and Parking FaciliƟes are likely projects for consideraƟon. P3s can be a tool for acceleraƟng a project and transferring the risk, but you may lose a significant level of control, and costs and the costs of tangenƟal impacts may be much higher. One theme that was concerning was a conƟnual reference to the use of P3s in very large airports, and no examples given for medium-sized airports. This approach does not seem appropriate for the overall master plan projects, but maybe for more limited-scope projects, and at this point in Ɵme the whole discussion about the possibility of uƟlizing P3s seemed to be puƫng the cart before the horse.
Five-Year Strategic Plan – Discussed the revised draŌ language for the airport’s mission statement and the summary of goals and prioriƟes and the Commission recommended the new version for approval.
Measure J Projects – The Commission voted to proposed direcƟng $2.6 million towards a Federal InspecƟon Services (FIS) facility and operaƟons. This will help jumpstart the push for expanding internaƟonal flight services to and from western Europe and Mexico. 2025 Airport Commission Calendar – Planned meeƟngs on 1/15, 2/19, 3/19, 4/16, 5/21, 6/18, 7/16, 9/17, 10/15, 11/19, 12/10.
Next Commission Meeting: January 15, 2025, at 5:30 PM.
REPORTS AND INFORMATIONAL ITEM NO. 31-C 509 CLICK HERE to Return to Agenda 9 AIRPORT COMMISSION MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, December 18, 2024 – 5:30 P.M.
To view/listen/participate virtually in the meeting live, please contact Andrew LeCompte at [email protected] or the following telephone number (760) 318-3832 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, to access the meeting and offer public comment. Registration is not required to attend the meeting in person.
In addition, the meeting will also be teleconferenced pursuant to Government Code Section 54953 from the following location(s):
TELECONFERENCE LOCATION(S):
Vice Chairman Todd Burke – Palm Springs
The Salamander Middleburg Library Room
500 North Pendelton Street
Middleburg, VA 20117
Each location is accessible to the public, and members of the public may address the Airport Commission from any of the locations listed above. Any person who wishes to provide public testimony in public comments is requested to register for the Public Comments portion of the meeting. You may submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required.
Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.
To view Airport Commission meeting videos, click on YouTube.
City of Palm Springs: Riverside County:
Margaret Park
City of Cathedral City:
Christian Samlaska
City of Palm Desert:
Kevin Wiseman Kevin J. Corcoran
– Chairman
Todd Burke
– Vice Chairman
Dave Banks J Craig Fong City of Indian Wells:
Robert Berriman
City of Coachella:
Denise Delgado
City of Rancho Mirage:
Keith Young Daniel Caldwell Ken Hedrick
Bryan Ebensteiner Tracy Martin City of La Quinta:
Geoffrey Kiehl
City of Desert Hot
Springs:
Jan Pye
City of Indio:
Rick Wise
David Feltman Samantha McDermott
Palm Springs City Staff
Scott C. Stiles Harry Barrett Jr., A.A.E. Jeremy Keating City Manager Executive Director or Aviation Assistant Airport Director 510 CLICK HERE to Return to Agenda
Airport Commission Meeting Agenda
December 18, 2024 – Page 2
_______________________________________________________________________________________
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS:
Limited to three minutes on any subject within the purview of the Commission
6. APPROVAL OF MINUTES:
Minutes of the Airport Commission Regular Meeting of September 18, 2024, and October 16, 2024.
7. INTRODUCTIONS:
7.A Lowell Valencia-Miller – Executive Program Administrator
8. DISCUSSION AND ACTION ITEMS:
8.A Public-Private Partnerships
8.B Five Year Strategic Plan
8.C Art Policy and Curator
8.D. Leasing Policy
8.E Revenue Advertising Policy
8.F Measure J Projects
8.G Winglet Art
8.H Marketing Update
8.I Financial Update
8.J Employment Update
8.K 2025 Airport Commission Calendar
8.L Projects and Airport Capital Improvement Program Update
9. EXECUTIVE DIRECTOR REPORT
10. COMMISSIONERS REQUESTS AND REPORTS
11. REPORT OF COUNCIL ACTIONS:
11.A Past City Council Actions
11.B Future City Council Actions
12.RECEIVE AND FILE:
12.A Airline Activity Report October 2024 and November 2024
12.B Airline Activity Report Fiscal Year Comparison
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Airport Commission Meeting Agenda
December 18, 2024 – Page 3
_______________________________________________________________________________________
13. COMMITTEES:
13.A Future Committee Meetings
13.B Committees Roster
ADJOURNMENT:
The Airport Commission will adjourn to a Regular Meeting on January 15, 2024, at 5:30 P.M.
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on December 12, 2024, in accordance with established policies and procedures.
PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
512 CLICK HERE to Return to Agenda