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2002 05 15 RDAT4'1t 4 4 Q" Redevelopment Agency Agendas are now Available on the City's Web Page @ www.la-quinta.org Redevelopment Agency Amended Agenda LA QUINTA CIVIC CENTER 78-495 Calle Tampico La Quinta, California 92253 SPECIAL MEETING Wednesday. May 15. 2002 - 7:00 P.M. Beginning Res. No. RDA 2002-09 • •-•_i A. Roll Call: Board Members: Adolph, Pena, Perkins, Sniff, Chairperson Henderson At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. Leff@ 114•� CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 52 (APNs 770- 200-009 THROUGH -010; 770-260-017; 772-150-001 THROUGH -005; 772-290-001 THROUGH -007, AND -009 THROUGH -013; 772-310-002 THROUGH -007, AND 009- THROUGH -013). PROPERTY OWNER/NEGOTIATOR: KSL LAND HOLDINGS, INC./CHEVIS HOSEA. PUBLIC HEARINGS 1. PUBLIC HEARING TO REVIEW AND TAKE TESTIMONY ON THE MID -YEAR SECOND FIVE-YEAR IMPLEMENTATION PLAN FOR THE LA QUINTA REDEVELOPMENT AGENCY PROJECT AREAS NOS. 1 AND 2 AND TO COMMIT ADDITIONAL PROGRAMS TO THE SECOND FIVE-YEAR PLAN. A. A. RESOLUTION ACTION (S) 2. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY REGARDING PURCHASE OF PROPERTY COMMONLY KNOWN AS "THE RANCH" TO CONSIDER THE FOLLOWING ACTIONS: 1) CERTIFICATION BY THE REDEVELOPMENT AGENCY OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-435 (STATE CLEARINGHOUSE NO. 1999081020) REGARDING AN AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS; 2) CONSIDERATION BY THE REDEVELOPMENT AGENCY TO EXERCISE THE OPTION CONTAINED IN THE OPTION AGREEMENT, REVISION TO EXHIBIT "B" TO THE OPTION AGREEMENT, AND TO ENTER INTO THE AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KSL LAND HOLDINGS, INC., REGARDING PURCHASE OF THE 525-ACRE PROPERTY KNOWN AS THE RANCH, LOCATED GENERALLY NORTH OF AVENUE 54, WEST OF JEFFERSON STREET, SOUTH OF AVENUE 52, AND EAST OF THE CORAL REEF MOUNTAINS; AND 3) CONSIDERATION BY THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY BOARD TO ADOPT RESOLUTIONS MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445, AND CONSENT/APPROPRIATION OF FUNDING. A. RESOLUTION ACTION ADJOURNMENT - Adjourn to the next regular meeting to be held on Tuesday, May 21, 2002, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. -2- DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing Amended agenda for the La Quinta Redevelopment Agency Special meeting of May 15, 2002, was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, May 14, 2002 at 6:00 p.m.. DATED: May 14, 2002 Alqf SGREEK Agency Secretary, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24 hours in advance of the meeting and accommodations will be made. -3- T,itlt °F4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 15, 2002 CONSENT CALENDAR: Public Hearing to Review and Take Testimony STUDY SESSION: on the Mid -Year Second Five Year PUBLIC HEARING: Implementation Plan for the La Quinta Redevelopment Agency Project Areas Nos. 1 and 2 and to Commit Additional Programs to the Second Five Year Plan RECOMMENDATION: Approve the Mid -Year Second Five Year Implementation Plan and approve the inclusion of the Projects and Programs listed therein in the Mid -Year Second Five Year Implementation Plan. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Per the Community Redevelopment Law, the Redevelopment Agency must adopt a five-year implementation plan that identifies: • The housing and non -housing redevelopment projects that will be implemented during a five year period; • The financial resources the redevelopment agency will pledge to implement the projects and programs; • The blight the projects and programs will alleviate; and • The affordable housing units the redevelopment agency will facilitate that feature long-term affordability covenants. The Agency adopted the Second Five -Year Implementation Plan for Redevelopment Project Area No. 1 and No. 2 in July 1998. The Redevelopment Law requires the Agency to publicly review the Implementation Plan no earlier than two years and no later than three years after the Plan was adopted. Further, if the Agency desires to G:\WPDOCS\CC Stf Rpts\5Yrmidyrrpt.doc undertake new redevelopment projects and programs that were not listed in the Implementation Plan, then these projects must be added to the Plan before they can be implemented. A public hearing must be conducted for the mid-term review before the Agency may add projects to the Implementation Plan. The public hearing notice for this meeting was published for three consecutive weeks on April 1 Oth, 17th, and 24th. Further, the notice was posted in four areas within both Project Areas for three consecutive weeks. The attached report entitled Five -Year Implementation Plan Review details the projects and their related costs that the Agency has implemented since July 1999. Further, this document also identifies the projects that staff recommends be added to the Second Five Year Implementation Plan. These projects were developed from prior consultations with the Agency Board. Following the Public Hearing,staff will incorporate the Agency Boards direction into the Second Five Year Implementation Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve the Mid -Year Second Five Year Implementation Plan and approve the inclusion of the Projects and Programs listed therein in the Mid -Year Second Five Year Implementation Plan; or 2. Do not approve the Mid -Year Second Five Year Implementation Plan and approve the inclusion of the Projects and Programs listed therein; or 3. Provide staff with alternative direction. Respectfully submitted, rierrryran munity Development Director Approved for submission by: Attachments: Thomas P. Genovese, Executive Director 1. Mid -Year and Second Five Year Implementation Plan G:\WPDOCS\CC Stf Rpts\5Yrmidyrrpt.doc 002 ATTACHMENTS) U ATTACHMENT 1 FIVE-YEAR IMPLEMENTATION PLAN REVIEW LA QUINTA REDEVELOPMENT AGENCY Project No. 1 and Project No. 2 May 3, 2002 In July of 1999 the La Quinta Redevelopment Agency ("Agency") adopted the Second Five -Year Implementation Plan ("Implementation Plan") for La Quinta Redevelopment Project No. 1 ("Project No. 1 ") and La Quinta Redevelopment Project No. 2 ("Project No. 2"). Since 1999 the Agency has been actively implementing the redevelopment, economic development and housing initiatives outlined in the Implementation Plan. The California Community Redevelopment Law provides that the Agency shall conduct a public hearing at least once during the five-year term to receive testimony regarding redevelopment and housing implementation activities. Further, the Law provides that the Agency shall conduct a public hearing if it intends to amend the Implementation Plan to add or delete projects during the five-year term. This document summarizes the Agency's progress towards implementing the initiatives summarized in the Implementation Plan, and serves as the basis for the mid -point public review and discussion. Further, it identifies new redevelopment and housing projects the Agency proposes to add to the Implementation Plan. If these projects are approved by the Agency after the May 15, 2002 public hearing, the Implementation Plan will be revised accordingly. IMPLEMENTATION PLAN CONTENTS The Law requires that the Agency prepare an implementation plan every 5 years that details the following: The anticipated redevelopment, economic development and affordable housing projects and programs that will be implemented during the five year period; The blight and the redevelopment purposes the project and program proposals will address; The anticipated revenues and expenditures for the five year period; and The housing projects and programs that will preserve and increase the supply of housing affordable to very low, low and moderate households. _4 FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 1 004 The Agency has two Redevelopment Project Areas and prepares a consolidated implementation plan for these two project areas. The first implementation plan was adopted in December 1994. This document was subsequently replaced by the current Implementation Plan. PROJECTS AND PROGRAMS IMPLEMENTED SINCE 1999 Project No. 1 and Project No. 2 were created to address physical and economic blighting conditions in La Quinta. Project No. 1 was established in 1983 to redevelop and expand deficient public infrastructure and facilities, to revitalize La Quinta's Cove and Village communities, and to address deficient community recreation facilities. Project No. 2 was created in 1989 to provide a mechanism to remove impediments to commercial and residential redevelopment by addressing acute infrastructure and public facility deficiencies. Both Projects also assist the City of La Quinta with achieving its affordable housing mandates per State planning laws. Redevelopment/Economic Development Projects Initiated or Completed The Agency's redevelopment and economic development activities have been a combination of developing/implementing new project/strategies, completing projects initiated in prior fiscal years and expanding the Project Areas' marketing program. These activities are designed to address physical and economic blight, to encourage private sector investment by removing impediments to development and redevelopment, and to provide for increased sales, and economic activities within the Project Areas. The following activities have been completed since the adoption of the Implementation Plan: Project Area No. 1 - Redevelopment/Economic Development Improvements Demonstration Streetscape Approved. • June 2000 Expenditure: $500,000 This project was competed in December 2001. The improvements entail creating a prototypical Village street theme on Calle Estado. New themed streetlights, sidewalks, curbs, and gutters were constructed, the street was reconstructed with center median on -street parking, and landscaped areas and art features were installed. Commercial Property Improvement Program Approved.- May 2000 Expenditures to Date: $130, 740 FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 2 0 0 5 The Agency instituted a commercial property rehabilitation loan program that originates property improvement loans for Village commercial properties. Assistance of up to $15,000 is offered to partially underwrite facade, building, signage, parking and site landscaping improvement costs. In 2001-02, the program was expanded to include assistance for new construction. To date, 15 properties have participated or are currently participating in this program. La Quinta Historical Museum Approved: June 2000 Expenditure: $115, 000 The Agency purchased the La Quinta Historical Museum, which is located in the Village. Operated by the La Quinta Historical Society, the Museum houses exhibits on La Quinta's cultural and historical heritage. Museum expansion is currently in the design phase, with construction anticipated to begin in fiscal year 2003-04. Marketing "The Village" Approved. July 1999 Expenditure: $50,000 The Agency continues to work with the Village property and business owners to jointly pursue marketing opportunities. This includes sponsoring various events in the Village, initiating a seasonal/special event banner program, and working with property owners to address impediments to development. Project Area No. 1 - Capital Improvements Improvements to the Washington Street and 1-10 Interchange Expenditure: $50, 000 This project included the widening of Washington Street, replacing the Washington Street Bridges over the railroad tracks and Interstate 10, widening and replacement of Varner Road, removing and replacing the westbound ramps, widening the existing eastbound ramps, and signalizing the ramp termini and the Varner Road/Washington Street Intersection. Calle Rondo Channel Storm Drain Improvements Expenditure: $ 60, 864 The improvements provide an alternative method of conveying nuisance water by the installation of a subterranean conduit system at the Calle Rondo Channel. The project included landscaping of the entire channel area. City Wide Median Project - Ave 50/Sinaloa/Calle Tampico Expenditure: $6,191.61 FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 3 006 The project included the installation of the City's "desertscape" landscape theme within the medians on Calle Sinaloa (Avenida Bermudas to Eisenhower Drive); on Avenue 50 (Washington Street to Eisenhower Drive); and on Calle Tampico (Washington Street to Eisenhower Drive). 18-Acre Park Site at Westward Ho Expenditure: $50,000 Developed a master plan for the proposed park at the northeast corner of Adams Street and Westward Ho Drive. Cove/Mini Park Expansion Expenditure: $46, 346.18 This project enlarged the mini park at Eisenhower Drive and Calle Colima. Phase VI - A Village Commercial Capital Improvements Expenditure: $Z 100,283.35 Infrastructure improvements in the Village commercial area (Avenida Montezuma, Calle Estado, Avenida La Fonda, Avenida Bermudas) included street, storm drain, and water/sewer enhancements. Cove Oasis/Lake Cahuilla Trail Capital Improvements Expenditure: $ 16, 362.28 Phase I of the Cove Oasis Trailhead improvements included the installation of an interpretive sign, an emergency phone, irrigation, drinking fountain, electricity, and landscaping. CVAG/Jefferson Phase 1 Construction Expenditure: $ 138,378.34 The project included widening Jefferson Street to its ultimate width from Avenue 54 to Highway 1 1 1. Improvements included medians, signals, and a roundabout at Avenue 52. Phase II Fritz Burns Park Improvements Expenditure: $5, 184.68 Improvements included the restoration of the lighting system for the southern four courts, installation of dasherboards for roller hockey, and conversion of one tennis court to a basketball court. Citywide Street/Sidewalk Improvements 0 _k i) F:/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 4 007 Expenditure: $35,925.13 This project combined several small projects including: Avenue 50 Low Water Crossing Interim improvements; Sagebrush Drive sidewalk improvements; Dune Palms Road street and sidewalk improvements; Washington Street sidewalk and sound wall installation; Avenida La Fonda sidewalk installation; Calle Tampico, Park Avenue, and Avenue 50 Bikeway improvements; and Calle Durango/Avenida Juarez intersection improvements. La Fonda Street Improvements Expenditure: $12, 425. 00 Demonstration streetscape improvements on Avenida La Fonda will include decorative streetlights, new sidewalk, curb and gutter, street reconstruction and re -striping. Project Area No. 2 - Redevelopment/Economic Development Improvements Miles/Washington Property Specific Plan/Marketing Approved.• February 2002 Expenditure: $120, 000 The Agency purchased this property in 1995 to reserve sites for affordable housing. Subsequent to the purchase the City of Indian Wells facilitated the development of the Tennis Gardens that spurred private sector interest in developing a portion of the Agency's property with hospitality uses. In order to accommodate the expedient processing of both hospitality and affordable housing uses, the Agency prepared a specific plan that entitles this property for hospitality, retail commercial, residential and park uses. The specific plan was adopted by the City in February 2002. The Agency is now marketing a portion of the property to hospitality developers and operators, and residential developers. Marketing Highway 1 1 1 Properties Approved.• July 1999 Expenditure: $100, 000 The Agency continues to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. One Eleven La Quinta Centre Initiated: March 2002 F:/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 5 008 Expenditure: N/A The Agency is working with the property owner and retailers to facilitate the reuse and expansion of the Centre's commercial uses. New retailers are scheduled to include Staples and Ross Dress -for -Less. Project Area No. 2 - Capital Improvements Underground Utility Improvements Expenditure: $1, 440.00 This project undergrounded the existing overhead utilities located adjacent to Washington Street. Highway 1 1 1 Traffic Signals and Street Lamps Expenditure: $ 1, 807.94 This project included the installation of a signal and street lighting on Highway 1 1 1 at Plaza La Quinta. Phase VI-C Westward Ho. Expenditure: $ 1, 699, 849.60 The project provided for surface and subsurface improvements in the residential area west of Jefferson Street, including the south side of Westward Ho from Roadrunner Lane east. Improvements included undergrounding of existing overhead utilities, and street, storm drain, water and sewer enhancements. Phase VI-D - Sagebrush, Bottlebrush, Saguaro Expenditure: $928,184.15 The project provided street, storm drain and sewer improvements to the residential area east of Washington Street at Sagebrush Avenue. Citywide Street/Sidewalk Improvements Expenditure: $ 183,276.08 This project combined several small projects including: Avenue 50 Low Water Crossing Interim improvements; Sagebrush Drive sidewalk improvements; Dune Palms Road street and sidewalk improvements; Washington Street sidewalk and sound wall installation; Avenida La Fonda sidewalk installation; Calle Tampico, Park Avenue, and Avenue 50 Bikeway improvements; and Calle Durango/Avenida Juarez intersection improvements. 0.1 F:/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 6 009 Point Happy/Cliffhouse Sidewalk Improvements Expenditure: $1 Z 421. 50 Project includes the installation of a sidewalk on the north side of Highway 1 1 1 from the Point Happy Center to the La Quinta Cliffhouse restaurant. O FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 7 `' t `-' Housing Projects - Both Project Areas The Agency is pro -actively implementing a multi -faceted housing program to meet both the Agency's and the City of La Quinta's state housing mandates. Agency housing activities center around the following initiatives that afford housing opportunities to very low, low and moderate -income households: • Facilitate new housing development by working with developers tc purchase property and underwriting new construction; • Fund silent trust deed loans that afford home purchase opportunities; and • Fund residential rehabilitation loans that improve the affordable homes in the community, or facilitate the conversion of dwelling sanitary systems from aging septic tanks to the City's sewer system. Specific programs and projects include the following: La Quinta Housing Program On -Going Expenditures Since July 1999: $5, 0011530 Since the inception of the program in 1996, the Agency has funded more than $6.9 million in silent second trust deeds for home purchases (158 loans funded), and approximately $178,000 in residential rehabilitation loans (1 1 loans funded). During the past 30 months, the Agency has funded 106- second trust deed mortgages for 78 low and 28 moderate -income households. Spanos Apartments Approved.• July 1999 Expenditure: $300,000 In an effort to increase the number of affordable family rental units, the Agency provided assistance to this new 200-unit apartment complex to reserve 20 units that are affordable to moderate -income households. This transaction entailed trading property with the Spanos Corporation, and providing financial assistance. The units will remain affordable to moderate - income family households for 30 years. Building Horizons On -Going Expenditures Since July 1999: $850,000 F:/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc $ 011. The Agency annually funds a new unit construction program with Building Horizons that yields two to three single-family dwellings annually. This program is unique in that local junior and senior high school students participate in the design, construction and marketing of these units. To date, 17 new dwellings, 7 since the adoption of the Implementation Plan, have been constructed that were sold to low-income households. All of the units feature 30-year affordability covenants. La Quinta Rental Housing Program On -Going Expenditures Since July 1999: $267,131.94 In 1995 the Agency acquired 50 single-family dwellings in the Cove; the Agency purchased these units in order to secure a prior investment and preserve the community's supply of affordable rental housing. Six units were subsequently sold (5 since the adoption of the Implementation Plan) to very low and low-income households (with long-term affordability covenants), and very low-income Section 8 households occupy the remaining 44 units. In addition, one additional unit is pending a sale to the existing tenant. Property management is through a local firm. The Agency is continuing to rent the remaining units, using the resources of a local property management firm for rent collection, maintenance, and tenant relations matters. Because of the age of these units, the Agency is also substantially rehabilitating the units, funding interior, exterior and site improvements and upgrades. Assessment/Sewer Connection Subsidy Program On -Going Expenditures Since July 1999: $90, 740.40 The Agency continued to implement the assessment/sewer hook-up subsidy program. Applications for assistance were approved for 12 very low, low and moderate -income households during the current year and another 12 approved applications are pending resolution of funding issues brought about by AB 67. This program funds street improvement assessments and sewer connection costs for very low, low and moderate -income households. Since the program was established in 1989, approximately 533 households have been assisted through this program. Calle Tampico/Eisenhower Apartments Approved: June 2001 Expenditure: $350, 000 Rehabilitation assistance was provided to facilitate the development of FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 9 019 additional off-street carports, and to fund exterior facade improvements. In return, the owner is reserving 14 units that will be leased at rents affordable to moderate -income family households. The units will remain affordable for 30 years. A fire subsequently destroyed 8 units in this complex, and the Agency is currently renegotiating the rehabilitation loan agreement. Mira Flores Family/Senior Neighborhood Development Approved., September 2000 Expenditure: $14, 000, 000 Concluded an agreement that transferred Catellus Residential's interest in this development to Desert Cities Development. Catellus elected to abandon this project due to the pending sale of the residential development group. Desert Cities Development is currently building the remaining single-family dwellings and apartment units. This development will generate 46 moderate -income affordable single-family dwellings, and 116 senior apartment units that will be rented at affordable rents to very -low and low-income senior households. The Agency involvement entailed site acquisition, on -and off -site improvement funding, and serving as a conduit for 4% tax credit financing. Avenue 48/Adams Street Housing In Process Expenditure: N/A The Agency owns a 50-acre parcel located southeast of the Avenue 48 and Adams Street intersection. Discussions are underway with the Recreation Group of Companies (RGC) to develop approximately 150 moderate -income affordable single-family court homes, and 36 market rate single-family units. The agency anticipated concluding and affordable housing agreement by the summer of 2002. Avenue 47/Adams Street Senior Apartments In Process Expenditure: Anticipated to be $1,000,000 Southern California Presbyterian Housing has an option agreement to purchase this Agency owned property and construct 80 apartment units that would be affordable to very low and low-income senior households. Site planning activities are underway which will determine the final amount of Agency assistance. An affordable housing agreement should be concluded by Summer 2002. Affordability Covenants 0 1 K FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 10 013 The Agency has recorded affordability covenants for a total of 172 dwelling units since July 1999; 26 units house very low-income households, 77 house low-income households, and 69 units house moderate -income households. 0i FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 11 014 Tax Allocation Bonds Project No. 1 Tax Allocation Bond, Series 2001 Closed August 2001 The Agency issued $48,0O0,000 in tax allocation bonds to retire obligations with the County of Riverside, and to underwrite infrastructure and public facility improvements. F:/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 12 0 1 PROJECTS/PROGRAMS PROPOSED TO BE ADDED TO THE IMPLEMENTATION PLAN The Agency desires to implement the following projects and proposes to add these projects to the Implementation Plan. These projects are also the subject of the mid-term public hearing. The Ranch Land Acquisition and Development - Project Area No. 1 Anticipated Expenditure: $65,000,000 The Agency desires to acquire a 525-acre property located southwest of the intersection of Avenue 52 and Jefferson Street otherwise known as the Ranch. The Agency desires to facilitate the development of two 18-hole golf courses, a 9-hole executive golf course, a driving range, a 250-room hotel with a 10,000 square foot conference center, 300 condo -hotel units, and up to 25,000 square feet of ancillary commercial uses in a village setting. Additionally, the Agency would reserve portions of this property for passive park space, trails, and view corridors. Boys and Girls Club Addition and Improvements - Project No. 1 Anticipated Expenditure: $355,000 The Agency is considering funding a property rehabilitation loan to assist the Boys and Girls Club with improvements to their gymnasium that would include air conditioning system upgrades, additional office space, and adding a separate entrance to the weight room. Cove Dog Parks - Project Area No. 1 Anticipated Expenditure: $140,000 This project entails the design and construction of two dog parks at the top of the Cove to serve Cove residents. Complete La Quinta Park - Project No. 2 Anticipated Expenditure: $ZOOO,000 The Agency plans to use redevelopment funds to complete the La Quinta Park improvements. Improvements will include sports fields, picnic areas, and playground. Sports Complex Restroom Addition - Project No. 2 Anticipated Expenditure: $95,000 The Agency would fund the addition of three new stalls to the restrooms and expand the metal shade structure to better cover the bleachers. This park serves residents in both Project Areas. 0� FIRSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 13 016 Fritz Burns Park - Project No. 1 Anticipated Expenditure: $ 125,000 These park improvements would entail adding amenities to the skate park that include shade structures, bleachers, and storage trailer improvements. Cove Mini Park - Project No. 1 Anticipated Expenditure (without land costs): $100,000 This project would entail constructing a mini park on City property in the Cove. The mini park would be located in the northwestern section of the Cove. Cove Oasis Trailhead - Project No. 1 Anticipated Expenditure: $ 100,000 The City is developing a trailhead park. The Agency would fund additional parking lot and trailhead improvements. R/RSG/LaQuinta/Impl Plan 2002/5302imppinup.doc 14 017 Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 15, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Joint Public Hearing Between the City Council and Board of the Redevelopment Agency Regarding the PUBLIC HEARING: Purchase of Property Commonly Known as "The Ranch" to Consider the Following Actions: 1. Certification by the Redevelopment Agency of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-435 (State Clearinghouse No. 1999081020) Regarding an Agreement of Purchase and Sale and Joint Escrow Instructions; 2. Consideration by the Redevelopment Agency to Exercise the Option Contained in the Option Agreement, Revision to Exhibit "B" to the Option Agreement, and to Enter into the Agreement of Purchase and Sale and Joint Escrow Instructions by and Between the La Quinta Redevelopment Agency and KSL Land Holdings, Inc., Regarding the Purchase of the 525-Acre Property Known as The Ranch, Located Generally North of Avenue 54, West of Jefferson Street, South of Avenue 52, and East of the Coral Reef Mountains; 3. Consideration of Resolutions by the City Council and Redevelopment Agency Board Making Findings Pursuant to Health and Safety Code Section 33445, and Consent to/Appropriation of Funding RECOMMENDATION: Agency Action: 1. Adopt a Resolution of the La Quinta Redevelopment Agency Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-435 (State Clearinghouse No. 1999081020); 2. Adopt a Resolution of the La Quinta Redevelopment Agency making certain findings pursuant to Health and Safety Code Section 33445(a), authorizing execution of the option contained in the Option Agreement, revision to Exhibit "B" of the Option Agreement, and entering into the Agreement of Purchase and Sale and Joint Escrow Instructions; 09- tix SAcitymgr\Kim Fischer\RanchStfRpt.wpd 3. Appropriate $43.5 million from the Project Area No. 1 Bond fund to underwrite the obligations the Agency will incur pursuant to the Option Agreement and the Agreement of Purchase and Sale and Joint Escrow Instructions. City Council Action 1. Adopt a Resolution of the City Council of the City of La Quinta, California making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the expenditure of funds to facilitate the purchase of The Ranch property. FISCAL IMPLICATIONS: Exercising the option and entering into the Agreement of Purchase and Sale and Joint Escrow Instructions ("Agreement") would result in the expenditure of $42,500,000 to purchase The Ranch property, if escrow closes by July 2, 2002. The Agreement does provide for closing extensions until October 31, 2002. These extensions would cost the Agency $212,500 per month for every month after July 2002. If escrow did not close until October 31, 2002, then the total purchase price would be $43,500,000. If, after entering into the Agreement the Agency chooses not to close the escrow, it would forteit the deposit amount ($250,000). The funds used to underwrite this purchase will be $20,000,000 from the Project Area No. 1 Series 2001 Bond proceeds, and up to $23,500,000 derived from the Project Area No. 1 Series 2002 Bonds. BACKGROUND AND OVERVIEW: Open the City Council/Agency Board joint public hearing and receive testimony regarding the Mitigated Negative Declaration, regarding exercising the option contained in the Option Agreement, and regarding entering into the Agreement of Purchase and Sale and Joint Escrow Instructions. Since 1996 the Agency has been working to implement the City's Economic Development Plan that calls for: • enhancing City General Fund revenue by attracting retail and hospitality uses • increasing recreation opportunities for La Quinta residents by purchasing properties for golf and other recreation uses, and • preserving the natural resources and features that make La Quinta a unique environment. 0 S:\citymgr\Kim Fischer\RanchStfRpt.wpd 002 State Redevelopment Law limits the Agency to investing Project Area No. 1 tax increment revenue in projects that: eliminate blight, improve public infrastructure and facilities, generate economic development activity, and increase the supply of housing affordable to low and moderate income households. The Redevelopment Law prohibits the Agency from funding ongoing operating and maintenance costs associated with infrastructure and facility improvements. Nor can the Agency fund public safety, recreation or other ongoing municipal expenses. Accordingly, one Agency endeavor is to ensure that its expenditures spawn and sustain economic activity that generates revenue to support municipal improvements and services. As the community matures, its facilities will age and municipal service demands will increase. Without a large tax base the City cannot afford to maintain these facilities and fund increasing service costs. History has shown that if community facilities and service levels are not maintained, then private investment declines and blight emerges. The City of La Quinta is a low property tax City and receives less than 7 cents of every dollar from property taxes paid by its citizens. Today, approximately 50% of the City's revenues come from transient occupancy (generated by hotel and lodging rooms) and sales taxes. Funds generated by one-time building fees will decrease as the community is built -out. The Ranch Property By exercising the option and entering into the Agreement, the Agency would authorize the acquisition of 525 acres of flat desert property adjacent to the Coral Reef Mountains. This property is currently owned by KSL Land Holdings, Inc. The site is generally bounded by Avenue 52 to the north, Jefferson Street to the east, Avenue 54 to the south and the Coral Reef Mountains to the west. Surrounding communities are the Tradition, Citrus, Country Club of the Desert, and PGA West private golf communities. A majority of The Ranch is vacant. Developed uses include the Pelz Golf School, MDS Consulting and KSL Recreation's maintenance facilities, which occupy the former Ahmanson Ranch structures. The All American Canal also traverses this property. Agency staff has initiated discussions with KSL to obtain an additional 182 acres of contiguous mountainous land to preserve as permanent open space. As part of the due diligence activities, the Agency commissioned an MAI appraiser from Capital Realty to prepare a real property appraisal. The purpose was to determine the fair market value of The Ranch. Capital Realty prepared a full appraisal that employed both the comparable sales and residual land value approaches. Their opinion is that The Ranch property is valued at $42,000,000 or $80,000 per acre. The 525 acres can accommodate up to two 18-hole golf courses, a 9-hole executive course, a driving range, a 250-room hotel and up to 300 condo -hotel units, a club- ti house with community meeting space, and commercial uses. In addition, property SAcitymgr\Kim Fischer\RanchStfRpt.wpd 003 improvements could include trails and other passive recreation uses. The potential environmental impacts associated with these uses were evaluated in the Mitigated Negative Declaration. Public Golf, Resort/Commercial Development as Part of a Comprehensive Economic Development Program One Agency redevelopment initiative is to find property that can accommodate golf courses, hotel and restaurant uses to stimulate economic activity in Project Area No. 1 . Addressing economic blight was one reason for forming Project Area No. 1 in 1983. In 1996, the Agency commissioned a market study as part of developing a City-wide Economic Development Plan. The market study, updated in 1999, identified resort, golf and hospitality uses as La Quinta's primary industries and indicated future growth for recreation, resort and hospitality uses that featured golf course amenities. In order to capture a portion of this demand, the Agency has been evaluating the City's property located at the top of the Cove, properties located east of the City, and properties located south of Lake Cahuilla for golf, resort and hospitality development. The rationale was to develop golf and recreation uses to attract hotel, restaurant and related uses that stimulated economic activity in Project Area No. 1 . The Ranch property can accommodate development of these uses given its central location, and proximity to PGA West, Country Club of the Desert, the Citrus and Tradition golf communities. Using conservative assumptions, the Agency's redevelopment and economic consultant projects that two golf courses could annually generate $1.1 million in net income upon stabilization (assuming 35,000 annual rounds per course with a per round resident fee of $45.00 and an average per round non-resident fee of $80.00). Hotel and condo -hotel uses could annually generate $2.0 million in Transient Occupancy Tax revenue upon stabilization (this assumes a 250-room hotel and 300 condo -hotel units with 500 keys at a 65% occupancy rate and an average daily room rate of $115.00). These uses would help stimulate additional economic activity in Project Area No. 1 and generate new revenue to the City's General Fund that support City services. Public Golf, Resort/Commercial Development as Part of a Comprehensive Recreation Program One of the blighting conditions detailed in the 1983 Report to Council that supported the formation of Project Area No. 1 was the lack of community recreation facilities. To date, the Agency has funded community park, pocket park and trail improvements that accommodate both active and passive recreation activities to address some of these deficiencies. In addition, the Agency funded a community pool, located in Project Area No. 1 that facilitates both youth and adult recreation and water sport activities. Pursuing the development of golf courses on The Ranch would expand the City's recreation opportunities by providing affordable golf for both Project Area No.1 and City residents. Further, the Agency envisions development of up to 10,000 r1 MM S:\citymgr\Kim Fischer\RanchStfRpt.wpd square feet of community and meeting space facilities as part of future hotel and golf club house development. This space will provide additional community and service club meeting and recreation space amenities. The Property Acquisition and Development Financing Strategy As part of the annual strategic planning effort, the City Council and staff have been implementing measures that judiciously allocate resources to maintain City service levels and invest in community resources. Annually, the City reviews all revenues and expenditures, and forecasts operations and capital improvement program cash flows for a five-year period. These strategic planning efforts have paid off in that the City is in a position that it can afford to make community -building investments in both amenities for La Quinta residents, and in initiatives that generate additional General Fund resources. In order to fund the purchase and development activities the Agreement would initiate, the Agency will use the Agency's Project Area No. 1 resources. This property is located in Project Area No. 1, and when this redevelopment project area was amended in 1994 to increase its financial capacity, the Agency contemplated investing some of Project Area No. 1's redevelopment resources in public golf activities. It should be noted that in allocating the non -housing revenue from Project Area No. 1, the Agency first reserved funds to cover infrastructure and public facility improvements. At this point, all programmed infrastructure and public facility improvements are funded. Only after fully funding these improvements did the Agency reserve funds for golf and hotel initiatives. The Agency proposes to fund property acquisition and improvement activities through a combination of existing and future Project Area No. 1 tax allocation bond proceeds. To purchase the property, the Agency would use a combination of $20,000,000 of 2001 Project Area No. 1 tax allocation bond proceeds, and $22,500,000 of proceeds from a tax allocation bond issue that the Agency would sell in May 2002. To build the golf courses and other passive recreation and open space improvements, Project Area No. 1 has the future capacity to issue an additional $37,500,000 in tax allocation bonds during the next 48 months. These financings are not based upon property assessments, nor are they an obligation of the City of La Quinta. Instead, these financings are secured by the $2.5 billion of private improvements that comprise Project Area No. 1's assessed value. The Attached Summary Report and Agreement Accompanying this staff report is a Summary Report (Attachment 1), the Additional Agreement (Attachment 2), and a revision to Exhibit "B" of the Option Agreement (Attachment 3). The Summary Report presents the details regarding The Ranch purchase transaction, outlines the costs associated with this purchase, identifies the redevelopment benefits, and why the Agency and not the City is undertaking this S:\citymgr\Kim Fischer\RanchStfRpt.wpd 005 transaction. The Agreement and the Option Agreement detail the specific provisions of the purchase transaction. These documents have been available for public inspection since May 1, 2002, when the public hearing notice was first published as part of a two -week publication requirement. When the Agency approved the Option Agreement, a period to conduct further due diligence was initiated. These activities surfaced certain agreements between PGA entities and Landmark Development Company, the former owner of The Ranch. KSL has agreed to indemnify the Agency relating to the PGA agreement. The indemnity provisions have been added as Section 36 to Exhibit B to the Option Agreement, which is the form of the Purchase and Sale Agreement. The added indemnity language is attached to this report. Part of the Agency actions this evening entails approving the amendment to the Agreement. The Environmental Assessment and Mitigated Negative Declaration An Initial Study and Mitigated Negative Declaration has been prepared collectively for: (1) Acquisition of the approximately 707-acre site generally located north of Avenue 54, west of Jefferson Street, south of Avenue 52 and east of the Coral Reef Mountains by the La Quinta Redevelopment Agency; and (2) the subsequent development of the non -mountainous portion of the site with public golf courses and resort uses. The Mitigated Negative Declaration was mailed to landowners within 500 feet of the Project Site and to all public entities entitled to notice under CEQA. The State Clearinghouse submitted the Mitigated Negative Declaration to selected state agencies for review. The review period closed on May 3, 2002, and no State agencies submitted comments by the date (Attachment 4). The final Mitigated Negative Declaration package attached hereto contains the comment letters received and the written responses to those comments. A Resolution with findings has been prepared for the certification of the Mitigated Negative Declaration for the acquisition and development of the Ranch property. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board and City Council include: 1 . Agency Action: Adopt a Resolution of the La Quinta Redevelopment Agency certifying the Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-435; SAcitymgr\Kim Fischer\RanchStfRpt.wpd Adopt a Resolution of the La Quinta Redevelopment Agency making certain findings pursuant to Health and Safety Code Section 33445(a), authorizing execution of the option contained in the Option Agreement, revision to Exhibit "B" of the Option Agreement, and entering into the Agreement of Purchase and Sale and Joint Escrow Instructions; Appropriate $43.5 million from the Project Area No. 1 Bond fund to underwrite the obligations the Agency will incur pursuant to the Option Agreement and the Agreement of Purchase and Sale and Joint Escrow Instructions; and City Council Action 1. Adopt a Resolution of the City Council of the City of La Quinta, California making certain findings pursuant to Health and Safety Code Section 33445 (a) and consenting to the expenditure of funds to facilitate the purchase of The Ranch property; or 2. Do not adopt the Resolution approving the Option Agreement and the Agreement of Purchase and Sale and Joint Escrow Instructions; or 3. Provide staff with alternative direction. Respectfully submitted, -ry Herr an mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager/ Executive Director Attachments: 1. Summary Report 2. Additional Agreement 0 1) 3. Option Agreement 4. Letter from State Clearinghouse 007 SAcitymgr\Kim Fischer\RanchStfRpt.wpd RESOLUTION RA 2002- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ACQUISITION AND DEVELOPMENT RANCH PROPERTY, ENVIRONMENTAL ASSESSMENT 2002-453, SCH #1999081020 WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared collectively for: (1) Acquisition of the approximately 707-acre site generally located north of Avenue 54, west of Jefferson Street, south of Avenue 52 and east of the Coral Reef Mountains by the La Quinta Redevelopment Agency (the "Agency"); and (2) the subsequent development of the non -mountainous portion of the site with public golf courses and resort uses (collectively "the Ranch Project"); WHEREAS, the Agency prepared the Initial Study and Mitigated Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000 et. seq., ("CEQA Guidelines"); and WHEREAS, The Agency mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on April 3rd, 2002 to landowners within 500 feet of the Project Site and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the Agency Board on May 15th, 2002; and WHEREAS, the Agency published a notice of its intention to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun on April 24, 2002, which notice also included the date of the public hearing before the Agency Board on May 15th, 2002, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and WHEREAS, during the comment period, the Agency received comment letters on the Mitigated Negative Declaration from the Southern California Association of Governments, the Desert Sands Unified School District, the Riverside County Sheriff Department, the Gas Company, Pope and Associates and Judith Schenkman. Staff reviewed and considered these comments, and prepared written responses to these comments which are contained in the staff report; and WHEREAS, on the 23rd day of April, 2002, the La Quinta Planning Commission considered the Project and determined that it was consistent with the City's General Plan pursuant to Government Code Section 65402; and S:\citymgr\Kim Fischer\RanchRDA-MND.wpd O 008 [J Resolution RA 2002- The Ranch MND Adopted: May 15, 2002 WHEREAS, the La Quinta Redevelopment Agency Board (the "Board") held a duly noticed public hearing on May 15th, 2002, on the Initial Study and Mitigated Negative Declaration, during which public hearing testimony and other evidence was received. NOW THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency, as follows: SECTION 1: The above recitations are true and correct and are adopted as the findings of the Agency. SECTION 2 The Agency Board finds that the Mitigated Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The Agency Board has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Ranch Project, and that, based upon the Initial Study, the comments received thereon, and the entire administrative record for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the approval and development of the Ranch Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. SECTION 3: The Ranch Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001- 418. SECTION 4: The Ranch Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. SECTION 5: There is no evidence before the Agency that the Ranch Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. U; S:\citymgr\Kim Fischer\RanchRDA-MND.wpd 009 O9 Resolution RA 2002-_ The Ranch MND Adopted: May 15, 2002 SECTION 6: The Ranch Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. SECTION 7: The Ranch Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. SECTION 8: The Ranch Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. SECTION 9: The Agency Board has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). SECTION 10: The Agency Board has fully considered the proposed Mitigated Negative Declaration and the comments received thereon. SECTION 11: The Mitigated Negative Declaration reflects the independent judgment and analysis of the Agency. SECTION 12: The location of the documents which constitute the record of proceedings upon which the Agency Board decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records in Jerry Herman, Community Development Director. SECTION 13: A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. SECTION 14: Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. S:\citymgr\Kim Fischer\RanchRDA-MND.wpd Resolution RA 2002- The Ranch MND Adopted: May 15, 2002 SECTION 15: The Mitigated Negative Declaration is hereby certified and adopted. SECTION 16: The Community Development Director shall cause to be filed with the County Clerk a Notice of Determination pursuant to CEQA Guideline § 15075(a). PASSED, APPROVED AND ADOPTED at a special meeting of the La Quinta Redevelopment Agency held on this 15th of May 2002, by the vote to wit: AYES: NOES: ABSENT: ABSTAIN: TERRY HENDERSON, Chair La Quinta Redevelopment Agency ATTEST: June S. Greek, Agency Secretary City of La Quinta APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel City of La Quinta, California 03' S:\citymgr\Kim Fischer\RanchRDA-MND.wpd O 1.1 FINAL MITIGATED NEGATIVE DECLARATION SCH No. 1999081020 THE RANCH Prepared for: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Prepared By: Impact Sciences, Inc. 30343 Canwood Street, Suite 210 Agoura Hills, California 91301 r � May 2002 v �� 01;' TABLE OF CONTENTS Section Page 1.0 INTRODUCTION............................................................................................................ 1.0-1 2.0 RESPONSE TO WRITTEN COMMENTS........................................................................... 2.0-1 Letter 1. Southern California Association of Governments, April 24, 2002 .......................... 2.0-2 Letter 2. Riverside County Sheriff Department, April 19, 2002.......................................... 2.0-4 Letter 3. Desert Sands Unified School District, April 5, 2002............................................. 2.0-6 Letter 4. The Gas Company, April 23, 2002........................................................................ 2.0-8 Letter 5. Pope & Associates, April 30, 2002......................................................................2.0-11 Letter 6.Judith Schenkman, April 28, 2002........................................................................2.0-17 3.0 MITIGATED NEGATIVE DECLARATION..................................................I..................... 3.0-1 4.0 INITIAL STUDY.............................................................................................................. 4.0-1 0 013 The Rauch Final — May 2002 1.0 INTRODUCTION In compliance with Section 15074 of the State CEQA Gilidelines, this document has been prepared so the lead agency may consider the Mitigated Negative Declaration along with any written comments received on the Project during the public review period which began on April 3, 2002 and ended on May 3, 2002. CEQA § 15073.5 states that if any of the comments received contain substantial evidence supporting a fair argument that the Project may actually produce a significant environmental impact, the Lead Agency would be required to either: 1. Find a way to mitigate the impact(s) to a level of insignificance and then re -circulate the revised document; or 2. Prepare an EIR Based on the comments that were received on the Project, no substantial evidence supporting a fair argument that the Project may actually produce a significant environmental impact was identified. This document has been organized in a format that provides easy access for the reader to the most important information related to the key issues associated with this Proposed Project. The format of this document and the general contents of each section are provided below to assist the reader. Sections following this introduction are organized as follows: Section 2.0 Responses to Written Comments Section 3.0 Mitigated Negative Declaration Section 4.0 Initial Study 1.0-1 014 The Ranch Final — May 2002 2.0 RESPONSES TO WRITTEN COMMENTS INTRODUCTION This section presents written comments received on the Mitigated Negative Declaration received by the La Quints Redevelopment Agency. Responses for each comment are provided as discussed in Section 15074 of the CEQA Guidelines. Comments contained within each letter identified by sequential numbers located in the right hand margin of each comment letter. A written response has been prepared for each numbered comment. Provided below is a list of all written correspondence received by the La Quinta Redevelopment Agency with respect to the Mitigated Negative Declaration: Regional Agencies 1. Southern California Association of Governments, April 24, 2002 Local Agencies 2. Riverside County Sheriff Department, April 19, 2002 3. Desert Sands Unified School District, April 5, 2002 4. The Gas Company, April 23, 2002 5 Pope & Associates, April 30, 2002 6. Judith Schenkman, April 28, 2002 The comments received and responses to the comments are presented below. 2.0-1 035 015 The Ranch Final — May 2002 05-02—UZ 1t2:WU Glty of Ldwulnta t✓OMM-Wev-Lept IW_ rots r r r 441:+1:1 r-vc Letter No. 1 SOUTHERN CALIFORWA ASSOCIATION of GOVERNMENTS Main Office 8%8 West Seventh Street 12th Floor Los Angeles, California g0027-3435 t (213) 236.1800 f (213) 236•1825 wwvr.Scas,car,sov Osten Patbl Y: SuprrnMn )0a Mlteu, uvu ur n: 6aa Itmadtw - P.m Wr• Ptesfd..I: C1,a.etalember Hal ter. Lle Anjeks ieco.d Vim rie.ldtr : mayv ho T..1 4v P_m- area • Lr.1ed..0 Pea pf"idtm. wyw a.. Lv.. La Ala.n1U ln*& l Ceun.y: hank lalpu, tap. W (n ty US bRM CONW. Tvl.wp Ln,Lwl.e )1arts. 16. Aetal:a l�Mlat} , Zv YOro.ta.,1% far ",A,, Colmty • Mury d.ldwln. Saa Sawki - be-, narrows. Denims • lisle U.". Isla - Hal 0, u . tot A116.1. • Aub k 11—k. 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C—,W,laal aul a,,., m., wtl.y April 24, 2002 Mr. Jerry Herman Community Development director City of La Quinta Community Development Department 78-496 Calle Tampico La Quinta, CA 92253 RE: SLAG Clearinghouse No. 120020188 Specific Plan 8S-M "The Rambo Dear Mr. Herman; Thank you for submitting the Specific Plan Plan 85-006 "The Ranch" to SCAG for review and comment_ As areawide clearinghouse for regionally significant projects. SCAG reviews the consistency of local plans, projects and pmgrarns with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations, Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that contribute to the attainment of regional goals and policies. We have reviewed the Specific Plan Plan $5.006 "The Ranch", and have determined that the proposed Project is not regionally significant per SCAG Intergovemmental Review (IGR) Criteria and California Environmental Quality Act (CEQA) Guidelines (Section 15206). Therefore, the proposed Project does lot warrant comments at this time. Should there be a change in the scope of the proposed Project we would appreciate the opportunity to review and comment at that time - A description of the proposed Project was published in SCAG`s April 1, 2002 Intergovemmental Review Clearinghouse Report for public review and comment.. The project title and SCAG Clearinghouse number should be used ir, al correspondence with SCAG, concerning this Project. :arfespoinoe►ae sxluc oe sere to the attention of the Clearinghouse Coordinator. If you have any quesWm pllease contact meat (213) 236-1867. Thank you. Sincerely, C,4 J M. , AICP enror Plan , ntergovemmental Review 03 016 0 :nr.,rO" A-4.: rm. Stf lel:i9a n. 2.0 Responses to Written Comments 1. Letter from the Southern California Association of Governments, October 17, 2001 Response 1 This comment states that the project was not determined as regionally significant, and for this reason, SCAG, a regional planning agency, has no comments. U? 017 2.0-3 The Ranch Final — May 2002 D r \ r J T Letter No. 2 MIE J r- I DATE: April 3, 2002 TO: Distribution nisi FROM: Jerry Herman, City of La Quinta SLB.IECT: NOTICE OF AVAILABILTY OF DRAFT INITIAL STUD'YAT 1MGATED N +GATIVE DECLARATION FOR THE RANCH PROJECT The City of La Quinta Redevelopment Agency, acting as Lead Agency, has filed a 'Na*ice L f co—oa" of an Initial Stu.dYA4itigated Negative Declaration for The Ranch Project. This doc',=cnt hzis 'x�i:r prepared in accordance Aith, and pursaaait to, the Califomia Environmental Quality ACT i; EQA), as amended; Public Resources Code, Section21000 et seq.; and the "Guidelinesfor Impiementationc` the Cali[irma Environmental Quality Act (State CI-QA Guidelines), California Code of Regulation, Title 14, Chapter 15000 et sea. The 30-day panlic review period for this document opens on April 3, 2002 and closes on Liay 3, 2002. PLEASE SUBMIT ANY WRITTEN COMMENTS BY May 3, 2002. Please send your WRITTEN comments on this Initial Study/Mitigated Negative Declaration To : City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 Attn: Jerry Herman. Cormunity Development Director If you have any questions, please contact Terry Ferman at (760) 777-7125 or}cil-,er�r.�� v . Thank you foF your partieipati n in the environmental review of this project. • Depart:ment has no comments regarding this plan- I I n Indio Sheriff's Office M WIV.Tfka 018 2.0 Responses to Written Coininents 2. Letter from Riverside County Sheriff Department, April 19, 2002 Response 1 This comment states that the document has been reviewed and the Riverside County Sheriff Department does not have any comments. 019 ') 2.0-5 The Ranch Film! — May 2002 VJ if a V L a a • .-.0 v . .. J v• u...vu ..♦..0 v v....r .r .. . .r�s' •• . — • — -• • . - ---- Letter No. 3 � aEnru�o+oures � itA1+CM0 YMIAOIi O P" WMAT V ♦ lA OYIWA +, 'rQ or L7 April 5, 2002 Desert Sands Unified School District 47-950 Dune Palms Road • is Quinta. C41JfOrnia 92253 • (750) 777-4200 Mr. Jerry Herman Community Development Director City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, CA 92253 Request for Comments: Ranch Project Dear Mr. Herman This is in response to your request for input on the above referenced project and its effect on public schools. All actions toward Commercial development will potentially result in an impact on our school system. School overcrowding is a District -wide concern for Desert Sands Unified School District. The Districfs ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state and federal 1 budget cuts that have had a devastating impact on the financing of rww schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Please feel free to call me if you have further questions. Thank you. Sincerely, Peggy eyes, Director Facilities Services PR%cros 0 �i i7 020 2.0 Responses to Written Comments 3. Letter From Desert Sands Unified School District, April 5, 2002 Response 1 The conclusion that the payment of development impact fees mitigates the impact of the new students generated directly or indirectly by the proposed project is based on currently applicable State law. Government Code Section 65996 deems development fees to be "full and complete school facilities mitigation." One of the reasons for this statement in the Government Code is that development fees are only one of the sources of funding available to school districts for school facilities. The Desert Sands Unified School District was correct in their comment that the project would be subject to school development fees at the time building permits are issued. (` 4 021 2.0-7 The Ranch Final — May 2002 C/ .7 - lY L - V 1 G a J J � •� • �. � v • u ..a a u . • ... u v v ...... .r .. - .. � .. . .� •� - - - - - Letter No. 4 sc:Arrr- ca.:!a�r.a Gas C=I'Matr _,,,;cr. a ...._t The Gas Company, A j�Sempra Energy -company April 23, 2002 Gas Co. Ref. No. 02-173-OG City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 Attention: Jerry Herman Re: The Ranch Project Jefferson St. and Ave. 52, La Quinta Thank you for the opportunity to respond tc the above -referenced project. Please note that Southern California Gas Company has facilities in the area where the above name,,- project is proposed. Gas service to the project could be provided without any sign.fcant impact on the environment. The service would be in accordance with the Ccmpanys policies and extension rules on file with the California Public Utilities Commission at trio time contractual arrangements are made. You should be aware that this letter is not to be interpreted as a cone -actual commitment to serve the proposed project, but only as an inforrnational service. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, Ti^e StOu�,er California Gas Company is under the jurisdiction of the Califomia Pubic Commission. We can also be affected by actions of federal regulatcry agencies. Should these agencies take any action, which affects gas supply, or the conditions under which service is available, gas service will be provided in accordance .,-,~ revse, conditions. Typical demand use for: a. Residential (System Area Average/Use Per Meter) Yeady Single Family 799 therms/year dwelling unit Multi -Family 4 or less units 482 therms/year dwelling unit Multi -Family 5 or more units 483 therms/year dwelling unit These averages are based on total gas consumption in residentiai units served oy Southern California Gas Company, and it should not be implied that any par-j:;u;ar home, apartment or tract of homes will use these amounts of energy. 04 022 w r 95-02-e22 15:bd city Ot Lawu1T1t3 li0IOII1•LCV•LCYL 1L- IUW I I I +--- - `- b. Commercial Due to the fact that construction varies so widely (a glass building vs. a heavily insulated building) and there is such a wide variation in types of materials and , a typical demand figure is not available for this type of construction. Calculations would need to be made after the building has been designed. We have Demand Side Management programs available to commerciallind us trial customers to provide assistance in selecting the most effective applications of energy of our energy conservation programs, please contact our Commercialllnaustrial Support Center at 1-800-GAS-2000. Sincerely, 4eVDu6nivin Technical Supervisor 04. 023 2.0 Responses to Written Comsnents 4. Letter from the Gas Company, April 23, 2002 Response 1 This comment from the Gas Company states that they are in agreement with the conclusion made in the Initial Study that gas service can be provided to the proposed project without any significant impact on the environment. 04 024 2.0-10 The Ranch Final - May 2002 l'fO-Uo-W is LG-,.+ 41Ly or L.'dwU1CILG L'QMM•Lev.UCPt IV- (OW ( ( ! 1Z08.5 Letter No. 5 Y • O1 :3 POPE & ASS0C:IATES A I1ri$Lmulial A,rounrniCy t, nTffz-101, C3Tah;m FZ. Pope, C'-RA. April 30, 2002 City of La Quinta Community Development Department 78.495 Calle Tampico La Quinta, CA 92253 Attn: Jerry Herman, Community Development Director Re: Draft Initial Study/Mitigated Negative Declaration for the Ranch Project As noticed in your memo dated April 3, 2002 I wish to respond to several issues addressed in the La Quinta Redevelopment Agency (Mitigated) Negative Declaration. I am a party of interest since I have a residence at 79630 Citrus Street La Quinta, California. In general terms I am not opposed to the development and particularly am pleased with the concept of having the golf course area immediately adjacent to Avenue 52, Jefferson Streit. and I Avenue 54. As a result of this overall plan it appears that the construction and occupancy related to the project itself will be buffered from the neighborhood by the golf course. Also in ecneral terms I am concerned that the intent to make the course a public course wild exacerbate traffic congestion much more significantly than a private course development and I assess that such differential has not been identified in this declaration. There are two areas of the initial study that warrant review and further considerarion_ These areas are as follows: 1 j Air Quality tAy experience has been that the mitigation measures utilized on derelopme= of this nature are inadequate to lessen the amount of dirt subject to disbursal by winds around the adjacent areas. In particular, there should be a reporting mechanism in place to insure that the entire area is watered dov%ii three tLrnes a day. In addition the golf course should be developed and sodded, or seeded. prior to the construction phase of the building complexes encircled by such golf course. This would lessen the disbursal of dirt carried by the «winds to adjacent community areas. lia6i San viceBlvd, • Suite 700 os Angeles, - - - Tclephonc, 310.442-9100 • Faysimile 310--=2-___ .c3 04J 025 95-03-02 1 2 : 55 u l: tY or Lawu i nta t;omm • uev . uept I U_ (Oct r (i r - W_ Jerry Herman City of La Quinta Community Development Department April 30, 2002 Page 2 2) Traffic/Circulation 1 challenge the daily trips calculation for the golf course given that it is 45 holes and it is intended to be for public use. 1 note in the mitigation measures on page 15 a reference to a traffic signal installed at the project entrance and Avenue 52; however, T see no evidence of the precise location of such entrance on the Figure 3 map of Existing General Plan Use Designations. Please advise as to where it is intended that this road be -entranced, and also whether or not it is temporar�' in nature. 1 am extremely concerned with regard to the traffic impact of tis project and have the following comments and or suggestions with regard to trafthe in the general area: A) Signage on Washington should direct at Avenue 50 a left hand turn for people driving south on Washington Avenue on their way to PGA NVest., and other community areas that should be accessed off Jefferson and Avenue 511r. This would reduce the amount of traffic -dead ending on Washington Avenue at Avenue 52 thus lessening traffic congestion on Avenue 52, %vhich at the present time is only two lanes in certain areas between Washington and Jefferson. B) A light should be place at the entrance to the Citrus development at Avenue 52 between Washington and Jefferson. This would have the effect of traffic 6 calming and reducing noise from Avenue 52. Q No entrance way should be put in place on Avenue 52 since it is contemotated 7 that the golf course will complet.e?y cover the adjacent land on the Avenue 5_ side of the proposed development. D) Four laneing of Avenue 52 should cotnrttenc;, immediately so that it is entirely I 8 four laved from Washington. to Jefferson. E) There should be rethinking on the round -about at Jefferson and 51nd as with 1 9 increased traffic this intersection approach could become problematic. F) More rigorous enforcement of speed limits should be done on Jefferson and Avenue 52 in order to combat excessive speeding, particularly in the hours 10 from 5:4M to 3AM in the morning and 4PM to 7PM at night. () 4 , 026 U7-UU-OiY 14.Z)O %,, T.Y VZ a,arotu aiscn �,UUJIue•✓ev•✓era a✓- ,uv .. .�.�.., Jcrry Herman City of .La Quinta Community Development Departmleiit April 30, 2002 Page 3 1 would request that additional documents be provided to me as they become available so that i 11 might further track the issues associated with this development. Thank you very much for allowing ine to give my comment with respect to the plan as documented at this time. Very truly yours, )v'raham CrR. Pope 0 4 -4�` 027 2.0 Responses to Written Comments 5. Letter from Pope & Associates, April 30, 2002 Response 1 This comment is in agreement with the buffering effects of the golf courses between the planned structures and the surrounding uses described in the Initial Study. The comment has been incorporated into the record so the lead agency may consider it. Response 2 The trip generation calculations of the March 29, 2002 Supplemental Traffic Impact Evaluation prepared by RKJK & Associates are based upon golf course facilities intended for public use. The project entrance and Avenue 52 intersection has been evaluated at a location opposite the entrance to the Citrus development. The project entrance and Avenue 52 intersection location is indicated on the traffic study exhibits contained in the August 7, 2000 Traffic Impact Analysis prepared by RKJK & Associates for a previous, more intense land use proposal for The Ranch property (as referenced in the March 29, 2002 evaluation prepared by Urban Crossroads, Inc.). However, the exact location of this intersection could change as detailed site plans are prepared for the project. Response 3 As required by CEQA Guidelines § 15074, the lead agency is required to adopt, "a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects." Mitigation measures that specifically address dust and particulate matter air quality emissions. generated from the project site have been included in the Initial Study and have been incorporated into the Project. Furthermore, these measures are included in the Mitigation Monitoring Plan that the Agency would be required to adopt. These measures have been provided below for your convenience. Please refer to Section VI of the Initial Study for a more detailed air quality discussion. 2.0-14 041 028 The Rauh Final - May 2002 2.0 Responses to Written Comments 1. Air quality control measures identified in the Coachella Valley PM10 State Implementation Plan shall be implemented. 2. A PM10 Management Plan for construction operations shall be submitted prior to the issuance of grading permits. The plan shall include dust management controls such as: • Water site and equipment morning and evening • Spread soil binders on site, unpaved roads, and parking areas • Re-establish ground cover on construction site through seeding and watering • Pave construction roads, where appropriate • Operate street -sweepers on paved roads adjacent to site Response 4 Please refer to response #2 for a discussion of the traffic study assumptions regarding trip generation rates of the proposed golf courses. Response 5 The suggested signage is not required, but the comment is part of the record and will be made available to the decision -makers so that they may make an independent judgement and consider the whole of the record. Response 6 For evaluation purposes, the project entrance and Avenue 52 intersection has been assumed to be located opposite the entrance to the Citrus development. The installation of a traffic signal will therefore occur if the project entrance from Avenue 52 remains at the location opposite the Citrus development. However, the exact location of this intersection could change as detailed site plans are prepared for the project. Response 7 Refer to responses #2 and #6 for a description of the traffic study assumptions regarding access to Avenue 52. Detailed site plans have not yet been prepared for the project land uses. 043 020 2.0-15 The Ranch Finial — May 2002 2.0 Responses to Written Continents Response 8 Avenues 52 and Jefferson Street adjacent to the project site are to be improved as needed to complete General Plan half -section width requirements in conjunction with development. Response 9 The roundabout has been designed to accommodate future traffic volumes. However, the City will monitor traffic conditions as part of their routine maintenance and operational responsibilities. Response 10 The Riverside County Sheriff currently patrols and monitors the circulation system throughout the City of La Quinta. This comment will become part of the record. No further response is required given that the comment does not question the content of the Mitigated Negative Declaration. Response 11 This comment will become part of the record No further response is required given that the comment does not question the content of the Mitigated Negative Declaration. 0 5 030 2.0-16 The Ranch Final — May 2002 UZ) -UI -W:e 1 1 ; J7 l• 1 Ly Qr ) 1Qwu l nza 1. 0[I]ill LC V • LCF'+ Judath Schenktman IV- f 001 f f f 1 LJJ Letter No. 6 r • W.� 53540 Avenids Vila ,---- la Quints, caloomia =53 Home phone 77"233 ,' } Email judittuxo@dc.tr.c= AprU Z8, 2002 Honorable 'Mayor and Council Members 78-495 Calle Tampico La Quinta, California 92253 CITY '?TA C, � r ..rr�iCt- "RANCH PROJECT" IAIITIAL STUDy/MlT1GATED NEGATIVE DECLARATION i have read the information provided thus far and have several comments. Having not seen an economic report I cannot comment or the costs involved regarding an acceptable rate of return for investment for the city. I feel that this is Significant information which should be clearly stated for public review. i 's t5 including Public Of our c I would hope that this is made available in a timely fashion. So many t5 �n works at cuaantly strained. I would hope that any Wither needs, affecting them for exarnple, will be covered should the project impinge upon their budgets- 1 suggest that the public golf courses which will be available to resort, hotel, and timeshwt users be made available to La Quints residents in a fashion similar to at of the city of Indian Wells and the Esmeralda Rowl a Resort. th What ate the current facts in regards to "tuneshares"? Are they a viable sale and resale eotity in the &'� $o mw' problems have emerged from them in the past? Are the units and the project being const ucred in such a as tlsat total condominium conversion can be done? What information is available in regards to manages both mini and long term ? What are the costs for the project maintenance? I appreciate your attention to thecae questions, as tboy affect both current and future, residents of La Quints Judith Schenl®an copy to: Jerry Herman, Community Development Director E 0 2 3 031 2.0 Responses to Written Contments 6. Letter from Judith Schenkman, April 28, 2002 Response 1 No further response is required given that the comment pertains to economic issues and does not question the content of the Mitigated Negative Declaration. Response 2 The public nature of the planned golf courses indicates that they would be made available to the public. No further response is required. Response 3 No further response is required given that the comment pertains to economic issues and does not question the content of the Mitigated Negative Declaration. 032 2.0-18 The Ranch Final - May 2002 3.0 MITIGATED NEGATIVE DECLARATION r-� 0 033 3.0-1 The Ranch Final — May 2002 LA QUINTA REDEVELOPMENT AGENCY (MITIGATED) NEGATIVE DECLARATION CASE NUMBER: Specific Plan 85-006 "The Ranch" APPLICANT: La Quinta Redevelopment Agency ADDRESS: La Quinta Redevelopment Agency Community Development Department 78-495 Calle Tampico La Quinta, California 92253 PROJECT DESCRIPTION: The La Quinta Redevelopment Agency (Agency) is proposing to acquire the 707-acre site, including 182-acres of mountainous land to be preserved as permanent open space, located at the southwest comer of Jefferson Street and Avenue 52. The acquisition of the 525-acres of non - mountainous property would be by purchase agreement while the acquisition of the 182-acres of mountainous land would be by dedication or donation. The non -mountainous portion of the site would be developed with public golf courses and resort uses consistent with the La Quinta General Plan Land Use Map Designations for the site. The Project Site is designated under the 2002 General Plan Update for golf course uses with tourist commercial uses in the center of the site. The golf course designation allows both public and private golf courses with their associated ancillary uses, while the tourist commercial designation allows resort hotels, recreational uses, conference centers and ancillary retail shops. The tourist commercial designation also allows Timeshare units with the approval of a Conditional Use Permit. The Proposed Project includes two 18-hole public golf courses with a 25,000 square foot clubhouse as well as a 9-hole public golf course which would accommodate a junior golf program. The proposed resort uses would include a 250-room hotel with a 10,000 square foot conference center, 300 Timeshare fractional or condo hotel traits (Timeshare) and 25,000 square feet of ancillary commercial uses. The Agency is proposing to acquire the Project Site at this time. Subsequent discretionary actions required to develop the site include adoption of a Specific Plan, a zone change to make the zoning designations consistent with the General Plan land use designations, a Conditional Use Permit for the 300 Timeshare units, a Site Development Permit and a Tentative Tract Map to subdivide the site to accommodate the proposed uses. Additional design features to be incorporated into the project include passive park space, trails, and view corridors. The existing Pelz short game golf school may remain. No development is planned on the 182 acres of the Coral Reef Mountains located on the western portion of the Project Site. PROJECT LOCATION: The City of La Quinta encompasses approximately 31 square miles of both mountainous and desert terrain land area in the southwestern portion of the Coachella Valley. La Quinta is a community of which nearly 13 square miles consist of protected mountain open space, parkland or golf course open space designations. La Quinta is located within the Coachella Valley 0 portion of central Riverside County, in southern California. This area forms the northwest 1 034 extension of the Colorado Desert in southeastern California. It is characterized by arid, sparsely vegetated desert land. The valley floor is composed generally of sandy soils that were deposited through the effects of water and wind erosion. Westerly winds are persistent, and contribute to extensive erosion and the formation of blowsand activity and sand dimes. Vehicular access to the Coachella Valley is provided by the Interstate 10 Freeway, providing an east -west linkage between the Los Angeles metropolitan area to the west, and the desert areas to the east. The proposed project is located in the southeastern area of the City. The site boundaries include Jefferson Street to the east, Avenue 54 to the south, Avenue 52 to the north, and the Coral Reef Mountains to the west. Land uses in the project vicinity include a custom home residential subdivision to the north, undeveloped properties to the east approved for the development of golf course and residential uses, the 1,650-acre PGA West golf and residential community to the south and mountains to the west. On the basis of the Initial Study prepared for the project, it has been determined that the project would not have a potential for a significant effect on the environment; or the project has been modified to incorporate the mitigation measures listed below so that it would not have a potentially significant effect cal the environment. A copy of said Initial Study is attached. Other materials which constitute the basis upon which the decision to adopt this (Mitigated) Negative Declaration is to be based is available for review at the: La Quinta Redevelopment Agency Community Development Department 78-495 Calle Tampico La Quinta, California 92253 760.777.7125 This document constitutes a (Mitigated) Negative Declaration. 1. SEE MITIGATION MEASURES SHEET ON PAGE 4 RESPONSIBLE AGENCIES: (any public agency which has discretionary approval power over the project). City of La Quinta TRUSTEE AGENCIES: (could include California Department of Fish and Game, State Lands Commission, State Department of Parks and Recreation, and University of California). California Department of Fish and Game United States Fish and Wildlife Service Vv•.i 2 035 Notice Pursuant to Section 21092.5 of the Public Resources Code: A Public Hearing will be held in the City of La Quinta Council Chambers, 78-495 C'alle Tampico, La Quinta California, on (DATE) at May 15. 2002 p.m. to consider this project. At that time, any interested person is welcome to attend and be heard on this matter. Prior to the Public Hearing, the public is invited to submit written comments on this (Mitigated) Negative Declaration to: La Quinta Redevelopment Agency Community Development Department 78-495 Calle Tampico La Quinta, California 92253 760.777.7125 Please refer to the Case Number listed above. p{pffr�Ar,�orntnunity Development Date: April 2, 2002 0 v f_) 036 3 Mitigation Measures Prior to the design and construction of any structural improvements, a comprehensive design level geotechnical evaluations shall be prepared that includes subsurface exploration and laboratory testing. Recommendations for grading/earthwork, surface and subsurface drainage, foundations, pavement structural sections, and other pertinent geotechnical design considerations shall be formulated and implemented based on the findings of this evaluation. Al buildinKs lanned as a result of the Proposed Project shall be constructed in conformance with the Uniform Building Code, as adopted by the City of La Quinta. At such time that non -potable water sources become available to the project site, the project shall be connected to this resource and utilize the non -potable water for irrigation purposes. During construction activities, water trucks are to acquire water from non -potable water sources, such as reclaimed water and/or canal water. A hydrology master plan shall be prepared for the Project Specific Plan. Further, a hydrology study shall be prepared for the hydrology master plan and submitted to the City of La Quinta for approval prior to the issuance of grading permits. This study shall demonstrate that the project would construct storm drainage and hydrologic improvements, such as on -site stormwater retention basins, that conform to the City`s master hydrology and storm drain improvement program as well as implement regional and local requirements, policies and programs. Drought tolerant landscaping shall be utilized as a means of reducing water consumption. Prior to the initiation of any construction activity on the project site, a NPDES permit from the RWQCB shall be filed for. A Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and Monitoring Plan are requirements of the NPDES permit. The SWPPP shall include Best Management Practices (BMPs) in compliance with the NPDES program requirements. Any existing groundwater wells located on the site that are no longer in use shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. Prior to operation of the golf course, the golf course operator shall prepare a Golf Course Management Plan that includes an irrigation plan, water usage plan, and chemical management plan in order to reduce, to the extent feasible, golf course irrigation runoff and percolation into the groundwater basin. Design of new roads, golf courses, man-made ponds, common landscape areas, storm water basins, and other facilities shall incorporate proper engineering controls to channel storm and irrigation runoff into detention/retention facilities that are sized to accommodate design year storms and that incorporate filtration systems or other devices to reduce the potential for herbicides, pesticides, fertilizers, and other contaminants to percolate to groundwater or surface water runoff. Construction equipment shall be phased and operated in a manner to ensure the lowest construction -related pollutant emission levels practical, and shall require the use of water trucks, temporary irrigation systems and other measures which will limit fugitive dust emissions during site disturbance and construction. Air quality control measures identified in the Coachella Valley PM10 State Implementation Plan shall be implemented. A PM10 Management Plan for construction operations shall be submitted prior to the issuance of grading permits. The plan shall include dust management controls such as: Water site and equipment morning and evening • Spread soil binders on site, unpaved roads, and parking areas • Re-establish ground cover on construction site through seeding and watering • Pave construction roads, where appropriate • Operate street -sweepers on paved roads adjacent to site The following measures shall be implemented to reduce construction related traffic congestion: • Configure construction parking to minimize traffic disturbance Minimize obstruction of through -traffic lanes • Provide flag person to ensure safety at construction sites, as necessary • Schedule operations affecting roadways for off-peak traffic hours • Provide rideshare incentives to construction personnel U r V W Timeshare and golf facility construction shall utilize solar or low emission water heaters to reduce natural gas consumption and emissions. 037 Timeshare and golf facility construction shall utilize built-in energy -efficient appliances to reduce energy consumption and emissions. Shade trees shall be provided in close proximity to Timeshare, hotel and golf facility structures to reduce building heating/cooling needs. Timeshare and golf facility construction shall utilize energy -efficient and automated controls for air conditioners to reduce energy consumption and emissions. Timeshare and golf facility construction shall be constructed using special sunlight -filtering window coatings or double -paned windows to reduce thermal gain or loss. Timeshare and golf facility construction shall utilize automatic lighting on/off controls and energy -efficient lighting (including parking areas) to reduce electricity consumption and associated emissions. Timeshare and golf facility construction shall use light-colored roofing materials in residential construction as opposed to dark roofing materials. Bus stops shall be positioned at locations on and adjacent to the site to be determined in coordination with the bus transit service from that will serve the project area. Bus stops should be generally located 1 / 4 mile walking distance from Timeshare units. The golf course shall design on -site circulation plans for clubhouse parking to reduce vehicle queuing. A traffic signal shall be installed at the Project entrance and Avenue 52, the Project entrance and Jefferson Street and at the intersection of Avenue 54 and Jefferson Street when and if they are warranted. The developer of the site shall be responsible for payment of a fair share of the cost of installing these signals. A mountain toe -of -slope buffer/mitigation concept plan has been prepared to protect peninsular big horn sheep, and other wildlife, from entering the non -mountainous portion of the site proposed for develo ment. This concept plan illustrates a continuos buffer to the toe -of -slope in areas where development couldpoccur adjacent to the mountain edge. The concept plan delineates the location, acreage and native plant species envisioned for the mitigation area. This plan shall be incorporated into the project design and shall be subject to review by the City prior to the issuance of grading permits. A copy of this mountain toe -of -slope buffer/mitigation concept plan is available for review at the City of La Quinta Community Development Department. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the City shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which Bihorn Sheep can be entangled. If the Agency transfer or disposes of any of the property adjacent to the illside, the Agency sha reserve an easement sufficient for the construction of fencing if needed in the future. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. A construction plan shall be prepared and provide, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 30th. The final design of the project shall insure that road and driveways are designed to minirnize headlight shine from vehicles onto the hillside. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. Prior to any construction or site preparation activities that would impact the 3.4 acres of mesquite hummock, the agency or project developer shall enter into a Memorandum Of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 3.4 acres of mesquite hummock in the Willow Hole area or in another area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with CDFG and the selected �1 C organization. i The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plans such as tamarisk and fountain grass are prohibited. Existing trees may remain. All swimming pools located on the Project Site shall be fenced pursuant to City regulations. Prior to the commencement of on -site grading, a 404 permit shall be obtained, if legally required, for alteration of areas under the ACOE jurisdiction. In addition, if development activities are to take place within streambeds or drainages under the jurisdiction of the CDFG, a streambed alteration agreement shall first be obtained, if legally required. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. Prior to the demolition or renovation of the on -site single family residence, asbestos containing materials (ACM) shall be removed in accordance with current regulatory guidelines. Between May 1 and September 30, all construction activities on the proJJ.ect site shall only occur between the hours of 6:0 AM and 7:00 PM Monday through Friday, and from 8:00 AM to 5:00 PM on Saturday, and shall be prohibited on Sundays and public holidays. Between October 1 and April 30, all construction activity on the project site shall only occur between the hours of 7:00 AM and 5:30 PM Monday through Friday, and from 8:00 AM to 5:00 PM on Saturday, and shall be prohibited on Sundays and public holidays. All operational activities of the Project shall also be subject to the Noise Ordinance of the City as well. All construction equipment operating in the planning area shall be fitted with well -maintained functional mufflers to limit noise emissions. To the greatest extent feasible, earth moving and hauling routes shall be located away from existing residences. The design, selection and placement of the mechanical equipment for various buildings shall include consideration of the potential noise impact they may have on uses within the development site. Silencers and/or barriers shall be provided where necessary at outdoor equipment, such as cooling towers, air cooled condensers and refrigeration compressors/condenser units, and at the air intake and discharge openings for building ventilation systems. The Riverside County Fire Department, in its review of new development proposals, shall evaluate project plans and the Department's ability to provide proper fire protection. This review shall include, but shall not be limited to, internal circulation, project directories, street names, and numbering systems. New developments shall comply with all City and Fire Department standards. The Riverside County Sheriff's Department shall review new development proposals in order to evaluate project plans and the Department's ability to provide adequate police protection. This review should include, but not be limited to internal circulation, protect directories, street names, and numbering systems. New developments shall comply with all established City and Sheriff standards. The most efficient furnaces, water heaters, pool heaters and other equipment that use natural gas shall be used in project construction. The use of kitchen appliances that use natural gas and alternative, renewable energy sources, including solar and wind turbine technologies shall also be used to the greatest extent feasible. Title 24 of the California Administrative Code, which addresses energy conservation in all proposed uses shall be strictly enforced in project design and construction. All planned uses shall be connected to the city-wide sewer system. A recycling program shall be developed for all proposed uses. Recycling provisions for commercial and business establishments should include separate recycling bins. Items to be recycled at commercial establishments may include white paper, computer legal paper, cardboard, glass and aluminum cans. Professional landscaping services from companies which compost green waste shall be utilized. The Projects fair share of public utilities, infrastructure and improvements required to propperly service the proposed uses shall be determined through consultation with the City Department of Public Works and paid prior to the issuance of grading permits. Any existing or historic septic systems located on the site shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. Landscape designs and materials that complement the native desert environment shall be utilized in project design and construction. 0 .� 039 Overhead utility lines shall be undergrounded to the greatest extent possible through the establishment of an undergrounding program and guidelines subject to the review of the City Engineer and Public Works Department. Outdoor lighting shall be limited to the minunum height, niunber of fixtures, and intensity needed to provide sufficient security and identification in each development, making every reasonable effort to protect the community's night skies. Signage shall be limited to the locations, sizes, and maintenance requirements necessary to provide functional identification. Safe, convenient vehicular and pedestrian circulation, screened outdoor storage/loading and other unsightly areas, protected and enhanced outdoor seating areas, appropriate lighting levels, limited signage, and landscaping designs that preserve and enhance visual resources shall be included in the design of any commercial area on the Project Site. Development proposed along designated scenic highways, roadways and corridors shall be reviewed for compatibility with the natural and built environments to assure maximum viewshed protection and pedestrian and vehicular activity. All grading and development proposed within scenic viewsheds, shall be regulated to minimize adverse impacts to these viewsheds. All grading, development and landscaping plans shall be submitted to the City for review and approval prior to the issuance of grading permits. During any ground altering activities associated with project grading or construction, including demolition of existing modern structures and facilities, the project area shall be monitored by a qualified archaeological monitor. The monitor shall have the authority to halt any activities impacting potentially significant cultural resources until the resources can be evaluated for significance and cleared or mitigated. The monitoring program shall also include consultation with the local Native American representatives (e.g., Torres- p artinez and/or Morongo Reservations). r am 4.0 INITIAL STUDY 06 t. 041 4.0-1 The Ranch Final — May 2002 LA QUINTA REDEVELOPMENT AGENCY INITIAL STUDY 1. INTRODUCTION The Initial Study has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 as amended, the Guidelines for Im m leentation of the California Environmental Quality Act (CEQA Guidelines), and the City of La Quinta Environmental Guidelines. Section 15063(c) of the CEQA Guidelines indicates that the purposes of an Initial Study are to: 1. Provide the lead agency, in this case the La Quinta Redevelopment Agency, with information to use as the basis for deciding whether to prepare an environmental impact report (EIR) or negative declaration; 2. Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a negative declaration; 3. Assist the preparation of an EIR, if one is required, by: a. Focusing the EIR on the effects determined to be significant, b. Identifying the effects determined not to be significant, c. Explaining the reasons why potentially significant effects would not be significant, and d. Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of a project's environmental effects. 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; 6. Eliminate unnecessary EIRs; 7. Determine whether a previously prepared EIR could be used with the project. According to Section 15063(b)(1) of the CEQA Guidelines, if the lead agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the lead agency shall do one of the following: 1. Prepare an EIR, 2. Use a previously prepared EIR which the lead agency determines would adequately analyze the project at hand, or 3. Determine, pursuant to a program EIR, tiering, or another appropriate process, which of a project's effects were adequately examined by an earlier EIR or negative declaration. The lead agency shall then ascertain which effects, if any, should be analyzed in a later EIR or negative declaration. V6 042 The Ranch April 2, 2002 Initial Study 2. PROJECT INFORMATION Case No(s)./Project Title: The Ranch General Plan Designation: Tourist Commercial (TC), Golf Course (G), Open Space (OS) Existing Zoning: Low Density Residential (RL), Commercial Office (CO), Open Space (OS) County Assessor's Information: Map Book No. 770 770-200-009 thru 010 770-260-017 772-150-001 thru 005 772-290-001 thru 007, and -009 thru 013 772-310-002 thru 007, and -009 thru 013 List of other agencies whose approval is required: City of La Quinta (e.g., permits, financial approval, participating agreement) Site Description: (Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, historical or scenic aspects.) The Project Site consists of 707 acres of land, of which 182 acres is a portion of the Coral Reef Mountains with steep terrain. The non -mountainous portion of the project site, located west of Jefferson Street and south of Avenue 52, has historically been used for agricultural purposes, including citrus orchards. The majority of the site is now fallow agricultural land. All agricultural plants have been removed from the site. Vegetation communities on the site include a small amount of native vegetation, fallow agricultural land, and disturbed vegetation. The areas of native veggetation on the site have been disturbed by a number of human activities including off -road vehicle (ORV) usage, trash dum ing, and equestrian activity. Existing structures on site include 3 small office/maintenance buildings, 1 of which is abandoned, an abandoned single-family home and two vacant trailers. A small area in the western part of the site along the base of the Coral Reef Mountains is the home to the Dave Pelz Short Game School for Golf with its associated administrative building. The Coachella Canal divides the Project Site into two separate areas. The canal enters the site from the east and then turns south halfway through the site. As it reaches the Coral Reef Mountains, it wraps around the toe of the slope and exits the Project Site when it crosses 54`h Street at the southern boundary. Surrounding Properties: (Describe the surrounding properties and the effect the proposed project will have on the area.) The regional location of the City of La Quinta is illustrated in Figure 1. The City encompasses approximately 31 square miles of both mountainous and desert terrain land area in the southwestern portion of the Coachella Valley. La Quinta is a community of which nearly 13 scjuare miles consist of protected mountain open space, parkland or golf course open space designations. La Quinta is located within the Coachella Valley portion of central Riverside County, in southern California. This area forms the northwest extension of the Colorado Desert in southeastern California. It is characterized by arid, sparsely vegetated desert land. The valley floor is composed generally of sandy soils that were deposited through the effects of water and wind erosion. Westerly winds are persistent, and contribute to extensive erosion and the formation of blowsand activity and sand dunes. Vehicular access to the Coachella Valley is provided by the Interstate 10 Freeway, providing an east -west linkage between the Los Angeles metropolitan area to the west, and the desert areas to the east. Figure 2 illustrates the local vicinity of the Project Site. The proposed project is located in the southeastern area of the City. The site boundaries include Jefferson Street to the east, Avenue 54 to the south, Avenue 52 to the north, and the Coral Reef Mountains to the west. Land uses in the project vicinity include a custom home residential subdivision to the north, undeveloped properties to the east approved for the development of golf course and residential uses, the 1,650-acre PGA West golf and residential community to the south and mountains to the west. Project Sponsor's Name and Address: La Quinta Redevelopment Agency Community Development Department 78-495 Calle Tampico La Quinta, California 92253 Project Description: (Describe the whole action involved, inchtding but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. The La Quinta Redevelopment Agency (Agency) is proposing to acquire the 707-acre site, including 182-acres of mountainous land to be preserved as permanent open space, located at the southwest corner of Jefferson Street and Avenue 52. The acquisition of the 525-acres of non -mountainous property would be by purchase agreement while the acquisition of the 182-acres of mountainous land would be b dedication or donation. The non -mountainous portion of the site would be developed with public golf courses andyresort uses consistent with the La Quinta General Plan Land Use Map Designations for the site. As shown in Figure 3, the Project Site is designated under the 2002 General 06 Plan Update for golf course uses with tourist commercial uses in the center of the site. The golf course designation 2 The Ranch April 2, 2002 0 43 Bernardino National s 5 mi. 2.5 mi. 0 mi. 5 mi. FIGUREI Regional Locat 223-09.Oa/02 044 Country Club Dr. iB, uda Dunes >z, Airport 0 ' `ornt Bermuda Dunes It? 5.� - Country Club a t �a Y " ' Fred Waring Dr/M.NO t Indian Springs tee/ Country Club i � �� zap t� �_.�/ ?� g• =r .' Indian Wells Country Club x � &Tersnlige.t�# w.� fs �.�- SOth Ave. 52nd Ave. r ��.� � �,� �f' rr��` �� �: �•� � � � � � Res�d�tt�cal�(�`�1� r LEGEND Project Site10 ,:..- 6000' 3000' 0' 6000' _� tn� FIGUREZ _ Projec �te Vicinity 223-09.03/02 045 SOURCE: l {,-- (:r -- E—I 2.1 Dly of Le OuNM G-1.1 P- IRecomm -U. Ml- 20. 2002. �� a -_- ` NOT TO SCALE 3 FIpURE a _ Existing General Plan Land Use Designations Initial Study allows both public and private golf courses with their associated ancillary uses, while the tourist commercial designation allows resort hotels, recreational uses, conference centers and ancillary retail shops. The tourist commercial designation also allows Timeshare units with the approval of a Conditional Use Permit. The Proposed Project includes two 18-hole public golf courses with a 25,000 square foot clubhouse as well as a 9-hole public golf course which would accommodate a junior golf program. The proposed resort uses would include a 250- room hotel with a 10,000 square foot conference center, 300 Timeshare fractional or condo hotel units (Timeshare) and 25,000 square feet of ancillary commercial uses. The Agency is proposing to acquire the Project Site at this time. Subsequent discretionary actions required to develop the site include adoption of a Specific Plan, a zone change to make the zoning designations consistent with the General Plan land use designations, a Conditional Use Permit for the 300 Timeshare units, a Site Development Permit and a Tentative Tract Map to subdivide the site to accommodate the proposed uses. Additional design features to be incorporated into the pproject include passive park space, trails, and view corridors. The existing Pe�z short game golf school may remain. No development is planned on the 182 acres of the Coral Reef Mountains located on the western portion of the Project Site. Site History: The Original Specific Plan was adopted in March 1985 with a Mitigated Negative Declaration (SCH#: 85050112) and was called the Oak Tree West Specific Plan (Specific Plan 85-006). This plan called for a 200 unit Hotel (18 Hole Public Golf Course), 45 Holes of Golf (Including 18 Hole Public Course), 2,245 Dwelling Units on 1,020 acres, a 25,000 square -foot golf club house, a 200,000 square -foot office/commercial center on 3.5 acres, and 115 acres of open space. Since the adoption of the on final specific plan, three amendments to the specific plan have occurred. The first amendment (resolution 98-11 , a negative declaration was approved in October 1989, the second amendment (resolution 98-13) was categorical exempt from CEQA and adopted in February 1998, while the third and most recent amendment (resolution 98-85), a Mitigated Negative Declaration, was adopted in July 1998. This amendment added two new development sites to the Specific Plan area. One 2-acre site (formerly CVWD reservoir site) in the northwest corner of the plan area, with one 3-acre site on Avenue 54, 1,500 feet from Jefferson Street. As a result of this amendment, the Specific Plan allowed for the development of 588 acres of Low Density Residential uses, 400 acres of golf courses, 3.5 acres as office commercial uses and 175.5 acres of open space for a total developable area of 1,167 acres. This acreage total included land that was named 'The Citrus.' It should be noted that The Citrus was originally a part of the Oak Tree West Specific Plan. All land within The Citrus has been developed consistent with the approvals for Specific Plan 85-006 - Oak Tree West and is no longer included as part of the Project Site. 047 The Raech April 2, 2002 Initial Shady 3. DETERMINATION Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the analysis on the following pages. 1-1 Land Use and Planning ® Transportation/Circulation ® Public Services ❑ Population and Housing ® Biological Resources ® Utilities and Service Systems ® Geophysical Energy and Mineral Resources ® Aesthetics ® Water ® Hazards ® Cultural Resources Air Quality ® Noise ❑ Recreation ❑ Mandatory Findings of Significance Environmental Determination. The basis of this initial evaluation: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. The project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT ❑ REPORT is required. The proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on the following pages, if the effect is a "potentially significant impact" or potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, there WILL NOT be a ❑ significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated ursuat to that earlier EIR, including revisions or mitigation measures that are imposed upon the propose dpproject. COMMENTS: Director Date: April 2, 2002 The Ranch April 2, 2002 Initial Study 4. ENVIRONMENTAL IMPACTS Explanation of Evaluations: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A 'No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole of the action involved, including off -site as well as on -site, ctunulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. Evaluation of Environmental Impacts: Potentially Potentially Significant Less than I. LAND USE AND PLANNING. Would the proposal: Significant Unless Significant Impact Mitigated Impact No Impact a. Conflict with general plan designation or zoning? ❑ b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land use in the Elvicinity? d. Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e. Disrupt or divide the physical arrangement of an El established community (including a loco income or u El X minority community)? Documentation: a-c) As shown on Figure 3, the Project Site is designated on the 2002 General Plan Update as Golf Course (G), Tourist Commercial (TC) and Open Space (OS) with a Hillside Overlay that exists over the portion of the site containing the Coral Reef Mountains. Although the non -mountainous portions of the site are currently zoned as Low Density Residential (RL) and Commercial Office (CO), the Project includes a zone Change that would change the zoning classifications to Tourist Commercial (TC) and Golf Course (G). This would result in the zoning of the site being consistent with the General Plan land use designations. The Golf Course area exists on the northern, northeastern and eastern portions of the site, while the Tourist Commercial area is situated in the interior of the site. A small portion of the site is also designated as Tourist Commercial along Jefferson Street, just north of where the Coachella Canal enters the site from the east. All uses would be planned in a manner that is consistent with the land use designations established in the General Plan. The planned golf courses, clubhouse, hotel with conference center, and ancillary commercial uses are all consistent with the two land use designations. It should be noted that Timeshare units are permitted in the Tourist Commercial land use category with the approval of a Conditional Use Pemut. The nearest surrounding uses are a residential subdivision to the north and -PGA West located to the south. The Proposed Project would develop land uses that are similar to those in PGA West to the south and recently approved for the property to the east of the site. The proposed golf courses would be developed along the site boundaries and would act as a buffer to all surrounding uses. No significant impacts associated with land use conflicts would occur. d) As documented in the 2002 General Plan, the Project Site is designated as Golf Course and Tourist Commercial. No portion of the site is designated with an agricultural overlay. Additionally, no portion of the site has been identified as Prime Farmland, Unique Farmland or Farmland of Statewide Importance on the State Department of Conservation Important Farmland Maps.' Therefore, although small portions of the site are used for growing sod for golf courses, development of the Proposed Project would not result in a significant impact to agricultural resources. 1 Taken from the Department of Conservation Website, http://loww.consrv.ca.gov/. 061 040 8 The Ranch April 2, 2002 Initial Study e) The Project Site is primarily undeveloped aside from a few scattered structures. There is no existing established commLuuty within the project boundaries. Furthermore, the Project Site is presently in an undeveloped state, bordered to the north, east and south by residential and golf course uses with limited commercial land use designations. Development of the Proposed Project would not disrupt or divide an existing community or low income housing. Development of the Project Site, as proposed, would implement the City of La Quinta General Plan. No significant impacts would occur. Further Study Required: No further analysis is required regarding this topic. II. POPULATION AND HOUSING. Would the proposal: a. Cumulatively exceed official or local population projections? b. Induce substantial growth in an area either directly or indirectly (e.g., through proJ'ects in an undeveloped area or extension of major infrastructure)? C. Displace existing housing, especially affordable housing? Documentation: Potentially Potentially Significant Less than Significant Unless Significant Impact Mitigated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a-c) The Proposed Project would introduce land uses consistent with the General Plan Land Use designations for the site adopted in March 2002. No portion of the site is designated for residential use under the Project. Timeshare units, planned as part of the Project, would not be permanent residences. The Timeshare units would attract visitors to the city as opposed to adding permanent residents to the City. As the planned uses would be consistent with the land use designations for the site, growth attributable to the proposed project has already been accounted for in the most recent General Plan and Certified EIR. Public infrastructure required to serve the project exists in the local vicinity. No infrastructure extensions would be required as a result of Project implementation. Given that the Timeshare units would not increase the permanent population of the City and that there are no existing residences on the Project Site, the project would not induce substantial growth in the area or displace existing housing. No impacts to population and housing would occur. Further Study Required: No further analysis is required regarding this topic. 05� The Ranch April 2, 2002 Initial Study III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a. Fault rupture? b. Seismic ground shaking? C. Seismic ground failure, including liquefaction? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g Subsidence of the land? h. Expansive soils? i. Unique geologic or physical features? Documentation: Potentially Significant Potentially Significant Unless Less than Significant Impact ❑ Mitigated ❑ Impact ❑ No Impact ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ VIX, ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ a-i) A City-wide geotechnical analysis was recently conducted for the 2002 General Plan and Certified EIR. As documented in the General Plan, the site is underlain by Quaternary Terrace Deposits. This soil type is predominately found along the basin floor and does not provide any major engineering concerns. As with any area in the southern California region, the Project Site would be subject to ground shaking during a seismic event. No evidence of an Alquist-Priolo zone, or active or potential active faulting was encountered anywhere within the General Plan boundaries. The Maximum Probable Earthquake (MPE) for the City of La Quinta is a 7.2 while the Maximum Credible Earthquake (MCE) is an 8.0 when measured on the Richter Scale. Given the probability of ground shaking, there is also a potential for liquefaction and associated dynamic settlement, as the soils at the site have the potential for hydroconsolidation with the addition of water. Furthermore, as the Coachella Canal bisects the property, the General Plan indicates that the canal is a levee with a potential liquefaction and lateral spreading hazard. As determined through a geotechnical investigation conducted on the Project Site, groundwater is expected to be deeper than 60 feet as soil borings to depths of 50 feet did not encounter any trace of groundwater? The absence of shallow groundwater indicates that the potential for liquefaction and seismically -induced settlement at the Project Site is low. As there are no bodies of water or active volcanoes in the vicinity, the potential for seiches, tsunamis and volcanoes is minimal. Loose soils observed on the site have a potential for settlement if subjected to structural loads if left in their present condition. These loose surficial soils are also subject to wind erosion and transport. Ground subsidence due to the lowering of the existing groundwater table is considered unlikely as no such subsidence has occurred anywhere near the City of La Quinta. The presence of expansive soils in the City of La Quinta is common As the project would comply with site specific engineering recommendations and modem construction techniques, geotechnical impacts would be less than significant with the implementation of the following mitigation measures. Mitigation Measures Prior to the design and construction of any structural improvements, a comprehensive design level geotechnical evaluations shall be prepared that includes subsurface exploration and laboratory testing. Recommendations for grading/earthwork, surface and subsurface drainage, foundations, pavement structural sections, and other pertinent geotechnical design considerations shall be formulated and implemented based on the findings of this evaluation. Al buildings planned as a result of the Proposed Project shall be constructed in conformance with the Uniform Building Code, as adopted by the City of La Quinta. Further Study Required: No further analysis is required regarding this topic. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Limited Geotechnical Investigation, r, ,., ,- November 1999. 0 i 051 10 The Ranch April 2, 2002 Initial Study Potentially Potentially Significant Less than IV. WATER. Would the proposal result in: Significant Unless Significant Impact Mitigated Impact No Impact a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b. Exposure of people or property to water -related El 1:1 hazards such as flooding? C. Discharge into surface waters or other alteration of water quality (e.g., temperature, dissolved ❑ ® ❑ El oxygen, or turbidity)? d. �Chaan es in the amount of surface water in any water ❑ ❑ ❑ e. Changes in currents, or the course or direction of movements? ❑ ❑ Elwater f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through ❑ ❑ Xi interception of an aquifer by cuts or excavations? g Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? ® ❑ i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? ❑ ❑ ❑ Documentation: a-d) The proposed proJ'ect would convert primarily vacant land into a developed urbanized setting. A site specific water cjuality evaluation was prepared to analyze potential water quality issues associated with development of the site. As pervious soils would be developed as a result of project implementation, there would be a slight change in the absorption rate, and drainage pattern of the site. Additionally, there would be an increase in the amount of storm runoff from the site. Through site -specific mitigation measures, the increase in the amount of water runoff from the site would be less than significant. The report further determined that as the Project Site is outside the 500-year flood area and would develop on -site water detention basins, there would not be any significant flood -related impacts.' As no surface water bodies existing within the Project Site, no impacts to surface water bodies would occur. However, the project would introduce small man-made water ponds and lakes that introduces a potential for landscaping products to impact the water quality. Mitigation measures would reduce this potential impact to less than sigruhcant. Finally, as no surface waters exist on the site, no rivers, streams or dry washes would be significantly impacted as a result of project development. e-i) Domestic and irrigation water is provided throughout La Quinta and the eastern Coachella Valley by the Coachella Valley Water District (CVWD). The CVWD serves an area of approximately 1,000 square miles within the Counties of Riverside, Imperial and San Diego. The main source of potable water provided to La Quinta is from an underground aquifer beneath the valley. Irrigation water is supplied from this same aquifer and from the Colorado River via the Coachella Canal, and is consumed generallyy in the area from Indio and La Quinta south to the Salton Sea. The CVWD was contacted in March 2002' in order to determine the availability of water service for the Project Site and whether or not it could supply the proposed uses. According to the CVWD, there is ample water supply to serve the proposed project without substantially or adversely changing the quantity, quality or flow of groundwater resources. This is consistent with the findings of the water quality evaluation completed for the Project Site.' Potable water would be provided to the project byy the CVWD through the existing 12-inch water main located in Jefferson Street and 18-inch lines in Avenue 52. When possible, non -potable water supplies would be utilized for construction purposes. This reduces the overall demand for potable water. During the construction phases of development, non -potable water would be used to suppress dust generated by eart-hmoving activities, the operation of vehicles on dirt surfaces, and exposed dirt surfaces. This water would be obtained from the Coachella Canal. Water for irrigation of the golf course and landscape setbacks would be obtained from the Coachella Canal. In a continued effort to reduce the total amount of water either used or wasted, specific water conservation measures for both landscaping and Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Water Quality Evaluation, June 2000. Jan Zimmerman, Development Service Supervisor, Coaclella Valley Water District, Marcli 2002. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Water Quality Evaluation, June 2000. 0 1 ;y 052 i l Tlie Rn,tdi April 2, 2002 Initial Study irrigation, and plumbing controls may be identified and placed as conditions on the connection of the project to the CVWD's facilities. In addition to these CVWD conditions, with the implementation of the following mitigation measures, no significant water related impacts would occur. Mitigation Measures At such time that non -potable water sources become available to the project site, the project shall be connected to this resource and utilize the non -potable water for irrigation purposes. During construction activities, water trucks are to acquire water from non -potable water sources, such as reclaimed water and/or canal water. A h drolog master plan shall be prepared for the Project Specific Plan. Further, a hydrology study shall be prepared for the hydrology, master plan and submitted to the City of La Quinta for approval prior to the issuance of grading permits. This study shall demonstrate that the project would construct storm drainage and hydrologic improvements, such as on -site stormwater retention basins, that conform to the City's master hydrology and storm drain improvement program as well as implement regional and local requirements, policies and programs. Drought tolerant landscaping shall be utilized as a means of reducing water consumption. Prior to the initiation of any construction activity on the project site, a NPDES permit from the RWQCB shall be filed for. A Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWI'PP), and Monitoring Plan are requirements of the NPDES permit. The SWPPP shall include Best Management Practices (BMPs) in compliance with the NPDES program requirements. Any existing groundwater wells located on the site that are no longer in use shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. Prior to operation of the golf course, the golf course operator shall prepare a Golf Course Management Plan that includes an irrigation plan, water usage plan, and chemical management plan in order to reduce, to the extent feasible, golf course irrigation runoff and percolation into the groundwater basin. Design of new roads, golf courses, man-made ponds, common landscape areas, storm water basins, and other facilities shall incorporate proper engineering controls to channel storm and irrigation runoff into detention/retention facilities that are sized to accommodate design year storms and that incorporate filtration systems or other devices to reduce the potential for herbicides, pesticides, fertilizers, and other contaminants to percolate to groundwater or surface water runoff. Further Study Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than V. AIR QUALITY. Would the proposal: Significant Impact Unless Mitigated Significant Impact No Impact a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture, or temperature, or VN cause any change in climate? d. Create objectionable odors? El El El X Documentation: a-d) Construction and operational air quality modeling was conducted based on the size of the Project Site, types of uses planned for development and their corresponding trip rates. Based on these, as well as other variables, air quality emissions forecasted for the Proposed Project would not exceed any air quality emission thresholds after mitigation." Additionally, the project would not introduce any permanent residents within the Project Site. There is no potential to expose sensitive receptors to harmful pollutants. All the planned uses for the Proposed Project are fairly typical land uses found throughout the City. None of the uses pose any special concern with Air quality model results are provided in Appendix A. A J, A 12 The Ranch April 2, 2002 Initial Study regards to harmful or odorous pollutants that could negatively affect sensitive receptors located outside the Project Site boundaries. Given the size and scale of the Project, which consists largely of open space golf course uses, the project will not have any noticeable effect on local climate and atmospheric conditions. With the implementation of the following mitigation measures, no significant impacts would occur. Mitigation Measures Construction equipment shall be phased and operated in a manner to ensure the lowest construction -related pollutant emission levels practical, and shall require the use of water trucks, temporary irrigation systems and other measures which will limit fugitive dust emissions during site disturbance and construction. Air quality control measures identified in the Coachella Valley PM10 State Implementation Plan shall be implemented. A PM10 Management Plan for construction operations shall be submitted prior to the issuance of grading permits. The plan shall include dust management controls such as: Water site and equipment morning and evening • Spread soil binders on site, unpaved roads, and parking areas • Re-establish ground cover on construction site through seeding and watering • Pave construction roads, where appropriate • Operate street -sweepers on paved roads adjacent to site The following measures shall be implemented to reduce construction related traffic congestion: • Configure construction parking to minimize traffic disturbance • Minimize obstruction of through -traffic lanes • Provide flag person to ensure safety at construction sites, as necessary • Schedule operations affecting roadways for off-peak traffic hours Provide rideshare incentives to construction personnel Timeshare and golf facility construction shall utilize solar or low emission water heaters to reduce natural gas consumption and emissions. Timeshare and golf facility construction shall utilize built-in energy -efficient appliances to reduce energy consumption and emissions. Shade trees shall be provided in close proximity to Timeshare, hotel and golf facility structures to reduce building heating/cooling needs. Timeshare and golf facility construction shall utilize energy -efficient and automated controls for air conditioners to reduce energy consumption and emissions. Timeshare and golf facility construction shall be constructed using special sunlight -filtering window coatings or double -paned windows to reduce thermal gain or loss. Timeshare and golf facility construction shall utilize automatic lighting on/off controls and energy -efficient lighting (including parking areas) to reduce electricity consumption and associated emissions. Timeshare and golf facility construction shall use light-colored roofing materials in residential construction as opposed to dark roofing materials. Bus stops shall be positioned at locations on and adjacent to the site to be determined in coordination with the bus transit service provider that will serve the project area. Bus stops should be generally located 1 /4 mile walking distance from Timeshare units. The golf course shall design on -site circulation plans for clubhouse parking to reduce vehicle queuing. Further Study Required: No further analysis is required regarding this topic. w+ �a `t 054 13 The Ranch April 2, 2002 Initial Study Potentially VI. TRANSPORTATION/CIRCULATION. Potentially Significant Less than Would the proposal result in: Significant Unless Significant Impact Mitigated Impact No Impact a. Increased vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g., sharp ❑ curves or dangerous intersections) or incompatible VN uses (e.g., farm equipment)? c. Inadequate emergency access or access to nearby ❑ ❑17 uses? VN d. Insufficient parking capacity on -site or off -site? e. Hazards or barriers for pedestrians or bicyclists? 17 f. Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g, Rail, waterborne, or air traffic impacts? Documentation: a) The Proposed Project is consistent with the General Plan. All planned land uses have been selected, planned and configured according to the land use designations illustrated on the City's Land Use map.' Additionally, the type and amount of land uses included in the project is consistent with the land uses assumed on the site in the General Plan EIR traffic model. As concluded in the 2002 General Plan EIR, no significant impacts would result. A traffic analysis was prepared for a similar project planned on the proposed site. In order to further analyze project -specific transportation related issues of the project, an update traffic analysis was prepared that compared the Proposed Project to that which was formerly proposed. The daily trip generation for the formerly proposed project was 25,596 trips. Based on trip rates for the planned uses, the Proposed Project would generate a total of 6,383 trip, as shown in Table 1, a reduction of over 19,000 daily trips when compared to the former project. When compared to the former project, his represents approximately a 75 percent reduction in the total number of trips. As concluded in the updated traffic analysis, all of the study roadway intersections would operate at LOS D or better during peak hours. Implementation of the following mitigation measures would ensure that no significant impacts would occur. Table 1. Proposed Land Uses Daily Land Use Quantity Trips Golf Course 45 holes 1,608 Resort Hotel 250 rooms 2,000 Timeshare Units 300 units 1,758 cialt Re ail 25,000 s,.q, ft. 1 017 Total 6,383 Source: RKIK & Associates, Inc., The Ranch Project Change, Supplemental Traffic Evaluation, March 2002. b-g) No project specific design plans have been prepared for the Proposed Project which layout and define access points, internal circulation, parking provisions or alternative transportation routes and programs. The Project would be designed and developed in a manner consistent with the General Plan and City's Municipal Code. These regulatory documents dictate and govern guidelines and standards for the design of proposed developments. Specifically, requirements for site access, parking and circulation as well as alternative modes of transportation are contained in these resources. Project level site plans would be developed in accordance with these regulatory documents and would be subject to approval by the City and the City's Traffic Engineer to ensure compliance and implementation of all requirements. The Project would not impact rail, water or air traffic as it is not located in an area that is adjacent to any of these travel facilities. No significant impacts would occur. La Quinta General Plan, Exhibit 2.1, p. 16. 055 14 The Ranch April 2, 2002 Initial Study Mitigation Measures: A traffic signal shall be installed at the Project entrance and Avenue 52, the Project entrance and Jefferson Street and at the intersection of Avenue 54 and Jefferson Street when and if they are warranted. The developer of the site shall be responsible for payment of a fair share of the cost of installing these signals. Further Study Required: No further analysis is required regarding this topic. Potentially VII. BIOLOGICAL RESOURCES. Potentially Significant Less than Would the proposal result in impacts to: Significant Unless Significant Impact Mitigated Impact No Impact a. Endangered, threatened, or rare species or their ❑ ® El El (including but not limited to plants, fish, insects, animals, and birds)? b. Locally designated species (e.g., heritage trees)? 171 c. Locally -designated natural communities (e.g., oak ❑ El ® Elforest, coastal habitat, etc.)? d Wetland habitat (e.g., marsh, riparian, and vernal pool)? e. Wildlife dispersal or migration corridors? ❑ ❑ Documentation: a-c) The 707 acre Project Site has historically been used for agricultural purposes and the majority of the non - mountainous portion of site consists of disturbed non-native vegetation. Five vegetation communities occur on the 525 acre non -mountainous portion of the Project Site. These five vegetation communities consist of disturbed vegetation, agricultural lands, tamarisk groves, desert saltbush scrub and mesquite hummocks. The majority of the site, approximately, 440 acres, are disturbed areas consisting of abandoned citrus groves, sod fields, and areas containing the few existing buildings on the site. Approximately 40 acres of the site is presently used to grow turf for golf course use. Tamarisk groves occupy approximately 8 acres of the site. Native plant communities on the site are limited to approximately 8 acres of desert saltbush scrub and 3.4 acres of mesquite hummocks. The Coachella Valley Canal occupies approximately 26 acres of the site. A series of biological surveys have been conducted on the site since 1999. General biological surveys were conducted in March and April of 1999. Thirty-one special -status wildlife species are known to occur in the general project vicinity. Focused surveys for five of these wildlife species and wetlands were conducted in July and August of 2000. Focused surveys for Coachella Valley fringe -toed lizard, flat -tailed homed lizard, Coachella Valley round -tailed ground squirrel, Palm Springs pocket mouse, Coachella Valley grasshopper and peninsular bighorn sheep were conducted based on the recommendation of the USFWS and CDFG at a meeting on the site in 1999. All other sensitive species were surveyed for in conjunction with these surve s or the previous surveys. None of these five species were observed during focused surveys. One species or special - concern, a Loggerhead shrike, was observed on the site during the 1999 surveys. A second special -status species, the black -tailed gnatcatchers, was observed on an ad' cent site during surveys 1999 and, for this reason, is considered to have a high potential to be present on the site. Suitable habitat for these two species comprises very few acres and as the site is not likely to sustain a large population of either species, the removal of suitable habitat within the project boundaries is not a significant impact. The Santa Rosa Mountains have historically provided habitat for peninsular bighorn sheep, a state and federally listed endangered species. Additional focused surveys performed in 1999 found no evidence of bighorn sheep in the vicinity of the Proposed Project. The USFWS has defined the "essential habitat" of the peninsular bighorn sheep. Essential habitat covers the entire portion of the Coral Reef Mountains within the Project boundaries down to the toe -of -slope. As no development would infringe above the toe -of -slope, no portion of the project would be developed in the essential peninsular bighorn sheep habitat. Nonetheless, standard measures are included for the project should peninsular bighorn sheep come on site. Through the implementation of the recommended mitigation measures, no significant impacts would occur. Seven special -status plant species are known to occur in the general project vicinity. A special -status plant survey was completed on the site in April 2000. No individuals or populations of Coachella Valley milk -vetch were found dunngg these focused surveys. In addition, no other special -status plant species were observed during surveys. No significant impacts to special status plant species, therefore, will occur. V i li 056 15 The Ranch April 2, 2002 Initial Study One special -status vegetation community occurs within the project boundaries. Mesquite hummocks, classified by CDFG as "partially stabilized desert sand fields," are considered a sensitive habitat type. This vegetation com iw-dty is ranked "threatened" by the CDFG. Two mesquite hummocks occupy approximately 3.5 acres of the Project Site. These two hummocks have been degraded by trash dumping and OR activity. However, the loss of 3.5 acres of this habitat is adverse and is considered a potentially significant impact. With the implementation of the mitigation measures outlined below, this impact would be less than significant. d) A wetland delineation, completed in August of 2000, identified four potential jurisdictional areas on the Project Site including a system of channels, a swale, and two excavated retention basins. All of these features, except one of the excavated basins, were dry on the surface at the time of the survey. Two converging channels run from the base of the Coral Reef Mountains to the Coachella Valley Canal levee. The main channel is 250 feet long, 4 feet deep, and varies from 30 to 50 feet wide. Vegetation along the channels is dominated by saltbush (Atriplex spp). The total ACOE and CDFG jurisdictional acreages of this feature are 0.1 acres and 0.18 acres, respectively. The swale occurs in the vicinity of the channels and was created by the canal levee preventing surface water run-off to the east. As a result, the swale extends 2,200 feet along the western edge of the canal, varying from 10 to 30 feet in width. No anaerobic soil indicators or hydrophytic lants were present at this feature. Because this wet area is the result of human activity and lacks two ofpthe three characteristics used to determine jurisdiction, it is unlikely that this feature is jurisdictional. However, the jurisdictional determination was deferred to the regulatory agencies. The first of the two retention basins is located in the northern portion of the proposed project area, south of the Citrus Golf Course Community. This site was inundated at the time of the delineation and is expected to be so for most of the year, given the presence of hydrophytic vegetation. The surface of the 2.2 acre basin, used to collect runoff from the community to the north, had collected water several inches deep across almost the entire basin. Despite the fact that the basin meets the physical criteria of a wetland, it may not be jurisdictional because it was artificially created. In cases such as this, jurisdiction is determined by the regulatory agencies. The other retention basin, apparently used as water storage for orange grove irrigation occupies the northeast corner of the site and was not inundated at the time the delineation was performed. However, the soil was damp below the surface and faint evidence of anaerobic soil conditions was present. This basin occupies 1.8 acres and harbors an assemblage of plants that narrowly meets the hydrophytic plant criterion. Because this basin was artificially created and has since been abandoned and because the delineation was conducted during and extremely dry time of year, determining wetland hydrology was difficult. However, the soil dampness and basin topography contributed to the determination that wetland hydrology was present. The jurisdictional status could not be determined for this artificial feature and requires a regulatory agency determination. A total of 5.29 acres of potential wetlands that occur on the site may be subject to ACOE/CDFG jurisdiction.' As no specific project level site and landscape plans have been prepared, it cannot be determined at this time if any of these resources would be impacted by the proposed development. Given the limited coverage of the site by these resources compared to the size of the planned golf courses, the resources could easily be planned into the golf course or other portions of the site where they would not be disturbed. Should the site and landscape plan not include these features, any development, temporary or permanent, within areas under ACOE jurisdiction would be regulated by this agency and would potentiall require a Section 404 individual or nationwide permit before this development could proceed. In adYdition, development activities within streambeds, lakes, and drainages are also subject to regulatory action by the CDFG under Section 1600 of the California Fish and Game Code. CDFG jurisdiction extends to all riparian vegetation in the streambed and banks of these areas. Approval of a CDFG Streambed Alteration Agreement would be required prior to the initiation of actions under this agency's jurisdiction. Because development of the Project Site could remove all or some of the potential wetlands on -site and because these areas are regulated by state and federal resource agencies, this loss would be considered a significant impact without the implementation of the following mitigation measures. The proposed Project Site is surrounded on two sides by mostly developed land, consisting of residences, agricultural crops, and fallow or abandoned cropland. The Coral Reef Mountains border the western edge of the site and constitute a large, natural open space. There is one area adjacent to and east of the proposed project that contains native scrub habitat. This area is not directly connected to any large open spaces and native habitat adjacent to it is patchy and disjunct. Therefore, the Project Site does not serve as a movement corridor between large open spaces. Mitigation Measures A mountain toe -of -slope buffer/mitigation concept plan has been prepared to protect peninsular big horn sheep, and other wildlife, from entering the non -mountainous portion of the site proposed for development. This Jurisdictional Delineation Report, The Ranch at La Quinta, Impact Sciences, September 2000. � 6 057 16 The Raiwit April 2, 2002 Initial Study concept plan illustrates a continuos buffer to the toe -of -slope in areas where development could occur adjacent to the mountain edge. The concept plan delineates the location, acreage and native plant species envisioned for the mitigation area. This plan shallbeincorporated into the project design and shall be subject to review by the City prior to the issuance of t acting permits. A copy of this mountain toe -of -slope buffer/mitigation concept plan is available for review at the City of La Quinta Community Development Department. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the City shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which Bighorn Sheep can be entangled. If the Agency transfer or disposes of any of the property adjacent to the hillside, the Agency shall reserve an easement sufficient for the construction of fencing if needed in the future. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by the USFWS and CDFG. A construction plan shall be prepared and provide, to the extent practicable, construction activities that emit excessive noise will be avoided adjacent to the hillside. In addition, during grading and construction activities any blasting or pile -driving near the hillside will not occur during the period from Jan. 1 through June 30th. The final design of the project shall insure that road and driveways are designed to minimize headlight shine from vehicles onto the hillside. In all areas adjacent to the hillsides, non -glare glass shall be used in new construction. Exterior building. lights shall not shine on the hillside. Exterior lighting shall be kept at the safest possible minimum intensity and aimed away from the hillside. Prior to any construction or site preparation activities that would impact the 3.4 acres of mesquite hummock, the agency or project developer shall enter into a Memorandum Of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 3.4 acres of mesquite hummock in the Willow Hole area or in another area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with DFG and the selected organization. The landscape plan shall include only plants that are non -toxic to wildlife. All exotic plans such as tamarisk and fountain grass are prohibited. Existing trees may remain. All swimming pools located on the Project Site shall be fenced pursuant to City regulations. Prior to the commencement of on -site grading, a 404 permit shall be obtained, if legally required, for alteration of areas under the ACOE jurisdiction. In addition, if development activities are to take place within streambeds or drainages under the jurisdiction of the CDFG, a streambed alteration agreement shall first be obtained, if legally required. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and fertilizers used during the construction and operation of the Project Site will not be harmful to wildlife. Further Study Required: No further analysis is required regarding this topic. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewable resources in a wasteful and inefficient manner? Potentially Potentially Significant Significant Unless Less than Significant Impact Mitigated Impact No Impact Documentation: a) Energy services are provided to the City of La Quinta from the Imperial Irrigation District (IID). The IID operates six substations which serve the City. As stated in the Certified General Plan EIR, the IID has stated that they would be able to supply electricity to future developments. All buildings constructed as a result of the 458 17 The Ranch April 2, 2002 Initial Study project would be required to conform to Title 24 of the Uniform Building Code, which requires energy efficient envelop construction, equipment and fixtures. Landscaping and irrigation plans will be reviewed to ensure implementation of water efficient measures and drought tolerant plants. Furthermore, development of the Proposed Pro]'ect would be consistent with the General Plan. Impacts associated with the increased demand on electricity and energy resources have been addressed in the General Plan EIR. As the Proposed Project would conform to all standard energy efficient building codes, no significant impacts to energy consumption would occur. b) Most of the developable areas in the City are located in areas with a minimal presence of significant mineral deposits. The sole mineral production site within the City is currently non -operative and is not located on the Project Site. Development of the proposed Project Site would not occur on, or inhibit the production of, any mineral deposits.' Non-renewable resources, such as natural gas, petroleum products, petrochemical construction materials, steel, copper and other metals, sand and gravel are considered to be commodities which are available in a finite supply. The processes that created these resources occur over a long period of time. Therefore, the replacement of these resources would not occur over the life of the Project. To varying degrees, these materials are all readily available and some materials, such as sand and gravel, are abundant. Other commodities, such as metals, natural gas, and petroleum products, are also readily available, but are finite in supply. If not consumed by this Project, these resources would likely be committed to other projects in the region intended to meet the anticipated growth outlined in the General Plan. Furthermore, the investment of resources in the Project would be typical of the level of investment normally required for a project of similar scale. Provided that all standard building codes, including energy conservation standards, are followed, no wasteful use of non-renewable resources is anticipated. Further Study Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than IX. HAZARDS. Would the proposal involve: Significant Impact Unless Mitigated Significant Impact No Impact a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b. Possible interference with an emergency response El u U plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? d. Exposure of people to existing sources of potential Elhealth hazards? e. Increased fire hazard in areas with flammable brush, 171 grass, or trees? Documentation: a-e) The Proposed Project would involve development of golf courses, a hotel, Timeshare units and associated commercial uses. None of the planned uses represent uses that pose a substantial risk of explosion or release of hazardous materials. Furthermore, the planned uses do not pose any health hazard or potential health hazard. A Phase I Environmental Site Assessment was prepared for the entire Project site to determine if any on or off site locations presented any specific hazard related impacts to the planned development of the Ranch property. As concluded in the reports, no off -site locations were identified that could environmentally impact the site. The abandoned single-family residence located on -site was investigated. It was determined that asbestos was present in some of the building materials. With the proper demolition techniques, no impacts would result from demolition.' ` Additionally, very low concentrations of benzene, toluene and lead were detected at the former 9 La Quinta General Plan EIR, July 2001, Certified March 20, 2002. 10 The Phase I site investigation was prepared for the entire site through two separate reports. One for the portion of the site north of the Coachella Canal, while the second report zoas prepared on the portion of the site south of the Coachella Canal. Both reports were prepared in February 2001. P" ,-) 11 Ninyo & Moore Geoteclinical and Environmental Sciences Corporation, Environmental Site Assessment South v r Ranch Property, February 2001. 050 18 The Ranch April 2, 2002 Initial Study location of 2 underground storage tanks. However, as these concentrations were very low and the underground tanks were removed and closed by the appropriate regulatory agency at that time, no further study or investigation was warranted." Re Project would not interfere with any adopted emergency response or evacuation plans as the project would not obstruct the existing or planned circulation network. Additionally, the site plan would be subject to review by the county fire department to ensure all fire code regulations, including brush clearance and fuel modification zones, are adequate. This would in turn guarantee that there would not be an increased fire hazard within the project boundaries, nor in the local vicinity. Impacts associated with hazards would be less than significant. Mitigation Measures Prior to the demolition or renovation of the on -site single family residence, asbestos containing materials (ACM) shall be removed in accordance with current regulatory guidelines. Further Stud3� Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than X. NOISE. Would the proposal result in: Significant Impact Unless Mitigated Significant Impact No Impact a. Increases in existing noise levels? ❑ b. Exposure of people to severe noise levels? Documentation: a-b) A citywide roadway noise analysis was recently completed for the General Plan EIR. Noise monitoring was conducted adjacent to the Project Site at the intersection of Avenue 52 and Jefferson Street. The calculated CNEL level was 67.4dB(A) measured 100 feet from the centerline. Additionally roadway volumes were modeled to calculate noise contours for both existing and future build -out conditions on roadways throughout the pplanning area and adjacent to the Project Site. Currently, Jefferson Street, south of Avenue 48 experiences a 65dB(A) noise contour 84 feet from the centerline. Future build -out roadway noise levels were also calculated along the same segments. The future build -out noise environment along this roadway segment was identical to the existing conditions. Although the specific design has not been prepared for the Project, it would be planned and developed consistent with the General Plan. As currently provided in the General Plan, the golf course uses are located along the project boundaries with the Tourist Commercial uses, and consequently any use that would generate any noticeable noise is located in the interior of the site. The planned golf courses would effectively serve as a buffer between the outside noise environment and the planned uses such as the hotel and Timeshare units. All project development would be constructed as to incorporate modem noise attenuation construction methods for the planned structures. Through consistent planning and development with the General Plan and the implementation of the following mitigation measures, noise impacts would be less than significant. Construction noise would occur throughout site development with a majority of the noise intensive activities occurring at the beginning of the Project. These activities would require demolition of some of the existing on - site structures; site preparation (e.g., excavation of the proposed ponds and grading); construction of internal roadways, other infrastructure, buildings; and cleanup. These activities typically involve the use of heavy equipment, such as scrapers, tractors, loaders, and concrete mixers. Trucks would be used to deliver equipment and building materials, and to haul away waste materials. Smaller equipment, such as jack hammers, pneumatic tools, saws, and hammers would also be used throughout the site during its development. This equipment would generate both steady state and episodic noise that would be heard both on and off the project site. Noise levels generated during the construction phase typically affect the occupants of nearby residential uses. Given the existing surrounding uses, a residential subdivision and the PGA West golf course residential community exist to the north and south of the site, respectively. A majority of the development would occur at the interior of the site, as the project edges would be built with the planned golf courses. Therefore, the closest homes to the construction area would only be subject to golf course construction, as opposed to heavy infrastructure and structural construction. Additionally, the residential subdivision to the north is shielded from the Project Site by a solid masonry wall that would substantially reduce construction noise levels at the existing residences. A person who is home during the day and noise sensitive may find the short-term noise conditions annoying, however, given that construction activities are short term and in this case, construction noise wouldy not introduce adjacent uses to sever noise levels and consequently, no significant construction noise impacts. 12 Ninpo & Moore Geotechnical and Environmental Sciences Corporation, Environmental Site Assessment North (� Ranch Property, February 2001. v n 19 The Rarrch April 2, 2002 Initial Study As stated earlier, surrounding uses include a residential subdivision to the north, vacant land to the east, the PGA West golf course residential community to the south and mountains to the west. None of these adjacent properties represent a use that would generate severe noise levels. Additionally, given that the proposed golf uses would be developed on the project edges, this would serve as a substantial buffer from adjacent noise sources. Further, this edge treatment would serve to attenuate noise levels from the use proposed at the interior of the site to uses off -site. The Proposed Project would not introduce land uses that would generate severe noise levels. No significant impacts associated with exposing people to severe noise levels would occur as a result of the project. Mitigation Measures Between May 1 and September 30, all construction activities on the project site shall only occur between the hours of 6:00 AM and 7:00 PM Monday through Friday, and from 8:00 AM to 5:00 PM on Saturday, and shall be prohibited on Sundays and public holidays. Between October 1 and April 30, all construction activity on the project site shall only occur between the hours of 7:00 AM and 5:30 PM Monday through Friday, and from 8:00 AM to 5:00 PM on Saturday, and shall be prohibited on Sundays and public holidays. All operational activities of the Project shall also be subject to the Noise Ordinance of the City as well. All construction equipment operating in the planning area shall be fitted with well -maintained functional mufflers to limit noise emissions. To the greatest extent feasible, earth moving and hauling routes shall be located away from existing residences. The design, selection and placement of the mechanical equipment for various buildings shall include consideration of the potential noise impact they may have on uses within the development site. Silencers and/or barriers shall be provided where necessary at outdoor equipment, such as cooling towers, air cooled condensers and refrigeration compressors/condenser units, and at the air intake and discharge openings for building ventilation systems. Further Study Required: No further analysis is required regarding this topic. XI. PUBLIC SERVICES. Would the proposal have an effect Potentially upon, or restilt in a need for nezu or altered government Potentially Significant Less than services in any of the following areas: Significant Unless Significant Impact Mitigated Impact No Impact a. Fire protection? ® ❑ 1-1 b. Police protection? ® 7 C. Schools? 0 d. Maintenance of public facilities, including roads? 0 E ® ❑ e. Other governmental services? Documentation: a) The Certified EIR for the General Plan has analyzed fire service and the potential demand on fire service through build -out of the General Plan area. Fire service is provided to the City of La Quinta through the Riverside County Fire Department (RCFD) The RCFD currently is rated a 4 in terms of the Insurance Service Office (ISO) Ratings, of which a 1 is the highest score and a 10 is the lowest score. These ratings are based on response times, safety standards, staffing levels and building code standards. The average response time for the City's station is approximately 5 minutes. Currently there are 7 stations serving the planing area, each with at least two paid firefighters per station. This staffing level fulfills the County Board of Supervisors staffing requirement. Station 70, located within the City of La Quinta is egluipped with one fire engine, one brush engine, one rescue squad, two paid firefighters and 5 volunteers. As bui d-out continues throughout the General Plan area, increased demand would be placed on the existing fire services. Although fire service would ultimately serve the entire build -out planning area, each individual project is subject to review by the RCFD to ensure that adequate fire services would be provided to the project at the time of development. Therefore, with the implementation of the following mitigation measures, impacts to fire service would be less than significant. b) The Certified EIR for the General Plan analyzed police protection and the potential demand on police protection through build -out of the General Plan area. Police protection is provided to the City of La Quinta through the Riverside County Sheriff Department (RCSD). The RCSD is located in the neighboring City of Indio. As with the RCFD, the RCSD currently maintains an average response time of 5 minutes. There are currently 3 sheriff units assigned to the City of La Quinta, each with 1 or 2 deputies depending on the time of day. As build -out of v V c 061 20 The Ranch April 2, 2002 Initial Study the planning area continues, the demand on sheriff services in the City of La Quinta will continue to increase. Eventually, without increased staffing and equipment, the police protection provided by the RCSD would no longer be adequate. However, with the implementation of the following mitigation measures, impacts to police protection would be less than significant. c) Currently, two public school districts serve the City of La Quinta which are the Desert Sands Unified School District (DSUSD) and the Coachella Valley Unified School District (CVUSD). As no part of the Proposed Project would introduce permanent residents, no additional students would be added to the DSUSD. Although the payment of applicable school fees would be required, no significant impacts to schools would occur. d-e) The La Quinta Public Library is a branch of the Riverside County Library System. This library is approximately 4,100 square feet in size with 28,000± volumes of materials and public computers. As discussed above, the Proposed Project would not introduce any permanent residences at build -out. Consequently, there would not be any additional demand on public library services as library services are typically required and provided to the residents of that particular jurisdiction. Any applicable developer fees would be paid prior to the issuance of building permits. No significant library service impacts would occur. Mitigation Measures The Riverside County Fire Department, in its review of new development proposals, shall evaluate project plans and the Departments ability to provide proper fire protection. This review shall include, but shall not be limited to, internal circulation, project directories, street names, and numbering systems. New developments shall comply with all City and Fire Department standards. The Riverside County Sheriff's Department shall review new development proposals in order to evaluate project plans and the Department's ability to provide adequate police protection. This review should include, but not be limited to internal circulation, project directories, street names, and numbering systems. New developments shall comply with all established City and Sheriff standards. Further Study Required: No further analysis is required regarding this topic. XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial Potentially Significant Potentially Significant Unless Less than Significant alterations to the following utilities:: Impact Mitigated Impact No Impact a. Power or natural gas? b. Communications systems? c. Local or regional water treatment? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste disposal? Documentation: a) Energy services are provided to the City of La Quinta from the Imperial Irrigation District (IID), while The Gas Company provides natural gas service. The IID operates six substations that serve the City. As stated in the Certified General Plan EIR, the IID will be able to supply electricity to future developments. All buildings constructed as a result of the project would be requiredtoconform to Title 24 of the Uniform Building Code, which requires energy efficient envelop construction, equipment and fixtures. Please refer to Section VIII for more discussion on energy service. b) Gas is transmitted to the planning area through 36-inch pipelines north of Interstate 10. These transmission lines are split up into various supply lines, which in turn are split again into distribution lines that provide gas to individual structures throughout the City. The Gas Company has indicated that they can accommodate new service to planned developments within the Planning Area through continued interaction with developers." The City requires that all new development shall finance its share of public utilities infrastructure and improvements required to properly service the proposed development. With implementation of the mitigation 13 La Quinta General Plan EIR, Certified March 20, 2001. 0 062 21 The Ranch April 2, 2002 Initial Study measures identified below, impacts would be less than significant with regards to electrical and natural gas service. Telephone service in the it of La Quinta is provided by Verizon California while cable service is provided by ime Warner. Based on the Certified General Plan EIR Verizon has indicated that it is capable of providing telephone services to the City through build -out as it is planing to expand the existing facilities. Time Warner renegotiates the franchise agreement with the City every fifteen years, the most recent of which was approved in 1996. Time Warner has indicated that it will be able to service the entire Inning area through build -out. The City requires that all new development shall finance its share of public utilities infrastructure and improvements required to properly service the proposed development. With implementation of the mitigation measures identified below, impacts would be less than significant with regards to communication systems. d) The CVWD's responsible for both water and wastewater treatment in the City of La Quinta. With regards to water, please refer to Section IV for a more detailed discussion. The CVWD currently maintains a network of sewer trunk lines throughout the City ranging in size from 4 to 24 inches in diameter. An 18-force main is located adjacent to the Project Site in the Jefferson Street right-of-way. Wastewater is transported to one of two treatment facilities operated by the CVWD. One facility, located at Madison Street and Avenue 38, treats approximately 2 million gallons per day, while the second facility, the Mid -Valley Reclamation Plant located on Avenue 63, currently treats approximately 4 million gallons per day. These facilities have the capacity to treat approximately 2.5 million and 5.8 million gallons per day, respectively. The Mid -Valley Reclamation Plant would treat wastewater generated from the Project Site, as all wastewater in the City of La Quinta generated south of Miles Avenue is transported to this facility. With a current capacity of approximately 1.8 million gallons per day, and an expected 20 percent increase in capacity over the next year, the Mid -Valley Reclamation Plant could adequately serve the Proposed Project.14 The City requires that all new development finance its share of public utilities infrastructure and improvements required to properly service the proposed development. With implementation of the mitigation measures identified below, impacts would be less than significant with regards to wastewater service. e) The City of La Quinta is situated in a low desert basin with a subtropical desert climate averaging 4 to 6 inches of rainfall per year. The 'wet' season is typically between December and March. Although average rainfall is minimal in the entire basin, occasional rain and thunder storms have been known to occur which result in flash - flooding situations. These flash -floods are typically contained within washes extending from higher elevations and floodplains adjacent to river courses. Of particular importance to safety during flash -floods are when the floods inundate the alluvial fans extending from the local mountains. Developments adjacent to the alluvial fans are susceptible to storm water runoff that contains a high dirt and rock content. These flooding situations have proven to be significant hazards. Another cause for flooding is when local snow-capped mountains experience drastic temperature changes which in turn result in an increased rate of snow melting. The CVWD is the regional authority responsible for the management of storm waters within the Coachella Valley, while the City is responsible for storm water management within the City boundaries. Although never officially adopted, the City has prepared a storm water management plan that has been used to direct future management plans and policies. The City's network of storm water drainage pipes range in size from 18 to 60 inches in diameter. In addition to maintaining the existing storm water drainage network, the City requires that all new developments construct on -site retention basins with a 100-year storm capacity. As documented in the Certified General Plan EIR, the Project Site is not located within a 100-year floodplain, nor is it within a 500-year floodplain.15 As the site is primarily vacant and undeveloped, project implementation would result in the increase in impervious surfaces. However, as the project would introduce two golf courses, there is ample opportunity to design the site so that it could effectively manage anticipated storm events. With the implementation of the mitigation measures identified below, impacts related drainage would reduced to a less than significant level. The City of La Quinta and the County of Riverside have a contract with Waste Management of the Desert for the collection and transport of solid waste to landfill sites. The service agreement between the City of La Quinta and Waste Management of the Desert is ne otiated every 5 years. At the time the Certified General Plan EIR was prepared, Waste Management Services of the Desert transported solid waste generated in the City to the Edom Hill Landfill in the City of Indio. The Edom Hill Landfill is permitted to accept up to 2,651 tons per day, with a remaining ca acity of apppproximately 1.5 million cubic yards. The Edom Hell Landfill site has an ex ected closure date of Famtary 1, 2020.'fi The primary method in extending the life of landfill sites is through effective waste diversion and recycling techniques. Currently the City of La Quinta achieves a 54 percent waste diversion rate." It should be noted that since the Certified General Plan EIR was prepared, additional landfill sites have been identified as available to accept solid waste from the City. Specifically, Azusa Land Reclamation Co, Lamb Canyon Disposal Site and the Spadra Sanitary Landfill are all available for waste 14 La Quinta General Plan EIR, Certified March 20, 2002. 15 Lit Quinta General Plan EIR, July 2001 and Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Water Quality Evaluation, June 2000. 16 California Integrated Waste Management Website, February, 2002 littp://zvww.ciwiiib.ca.gov/. 17 Most recent board approved data, 1998 California Integrated Waste Management Website, February, 2002 �� llttp://www.ciwinb.ca.gov/. 063 22 The Ranch April 2, 2002 Initial Study disposal from the Project site." With the development of the proposed uses, total solid waste generated from the City would be expected to increase, however, given that additional landfill sites are available for solid waste acceptance, and with continued waste diversion programs, solid waste impacts associated with the Proposed Project would be less than significant. Mitigation Measures The most efficient furnaces, water heaters, pool heaters and other equipment that use natural gas shall be used in project constriction. The use of kitchen appliances that use natural gas and alternative, renewable energy sources, including solar and wind turbine technologies shall also be used to the greatest extent feasible. Title 24 of the California Administrative Code, which addresses energy conservation in all proposed uses shall be strictly enforced in project design and construction. All planned uses shall be connected to the city-wide sewer system. A recycling program shall be developed for all proposed uses. Recycling provisions for commercial and business establishments should include separate recycling bins. Items to be recycled at commercial establishments may include white paper, computer legal paper, cardboard, glass and aluminum cans. Professional landscaping services from companies which compost green waste shall be utilized. The Projects fair share of public utilities, infrastructure and improvements required to properly service the proposed uses shall be determined through consultation with the City Department of Public Works and paid prior to the issuance of grading permits. Any existing or historic septic systems located on the site shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. Further Study Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than XIII. AESTHETICS. Would the proposal: Significant Unless Significant Impact Mitigated Impact No Impact a. Affect a scenic vista or scenic highway? ❑ M I❑I b. Have a demonstrable negative aesthetic effect? ❑ ® c. Create light or glare? ❑ ® ❑ Documentation: a-c) As documented in the Certified General Plan EIR, the City's most valuable visual resources are the local mountains against the contrasting expansive valleyfloor. Local peaks range in upper elevations from 8,000 to 11,000 feet above sea level. The Coral Reef Mounains, which exist on the western property boundary, rise up to about 1,600 feet above sea level. Of other visual importance directly related to the project vicinity are image corridors and how they relate to the surrounding circulation network. Specifically, Jefferson Street is identified as a primary image corridor, while Avenue 52 is a secondary image corridor and Avenue 54 is an agrarian image corridor. Roadways with these classifications are required to be improved and maintained according to the City's Municipal Code. Specifically, setbacks, landscaping materials and signage are all treatments that are regulated through the municipal code. The Project would be required to improve and maintain portions of these roadways. Additionally, developments adjacent to the steep Coral Reef Mountains are required to maintain views from adjacent locations off -site. These design standards specifically deal with building height, setbacks, scale and architectural treatments. Although no site -specific plans have been developed, the project would be designed and developed consistent with the General Plan and City Municipal Code. Again, these guidelines deterrrune appropriate size, scale, treatment, heights and setbacks required for projects with specific land use designations and zoning classifications. Through the implementation of the mitigation measures identified below and approval of the Site Development Pen -nit by the Community Development Department, impacts associated with visual resources would be less than significant. IS California Integrated Waste Management Website, February, 2002 littp://zvzow.cizvmb.ca.gov/. 08 M 23 The Ranch April 2, 2002 Initial Study Mitigation Measures Landscape designs and materials that complement the native desert environment shall be utilized in project design and construction. Overhead utility lines shall be tindergrounded to the greatest extent; possible through the establishment of an undergrounding program and guidelines subject to the review of the City Engineer and Public Works Department. Outdoor lighting shall be limited to the minimum height, number of fixtures, and intensity needed to provide sufficient security and identification in each development, making every reasonable effort to protect the community's night skies. Signage shall be limited to the locations, sizes, and maintenance requirements necessary to provide functional identification. Safe, convenient vehicular and pedestrian circulation, screened outdoor storage/loading and other unsightly areas, protected and enhanced outdoor seating areas, appropriate lighting levels, limited signage, and landscaping designs that preserve and enhance visual resources shall be included in the design of any m comercial area on the Project Site. Development proposed along designated scenic highways, roadways and corridors shall be reviewed for compatibility with the natural and built environments to assure maximum viewshed protection and pedestrian and vehicular activity. All grading and development proposed within scenic viewsheds, shall be regulated to minimize adverse impacts to these viewsheds. All grading, development and landscaping plans shall be submitted to the City for review and approval prior to the issuance of grading permits. Further Stuff Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than XIV. CULTURAL RESOURCES. Would the proposal: Significant Impact Unless Mitigated Significant Impact No Impact a. Disturb paleontological resources? ❑ ® ( 1 u❑ b. Disturb archaeological resources? ❑ ® c.. Affect historical resources? El 0 ❑ d Have the potential to cause a physical change which affect unique ethnic cultural values? ❑ Elwould El Z e. Restrict existing religious or sacred uses within the ❑ ❑ a potential impact area? Documentation: a-e) A recent citywide cultural investigation was conducted for the preparation of the Certified General Plan EIR in August 2000. Due to the location of the City on an ancient lake shoreline, the City of La Quints contains some of the densest concentrations of archeological sites in California. In order to address site -specific historic and cultural issues, a historic and cultural study was prepared for the site in September 1999.19 During the preparation of the Phase I cultural resource investigation, eight isolated finds (isolates) were identified within the study area. By definition, isolates are not necessarily significant. However, six of the isolates that were recovered were associated with an archaeological site (CA-RIV-2842) located outside the project area. The finding of these six isolates indicates that deposits associated with this untested site may still be present. The area associated with these six isolates should be considered archaeologically sensitive. A seventh isolate was found in the northern end of the project area. This isolate may have been brought to the surface by root action or the removal of trees, indicating a potential for buried deposits. The eighth isolate was found within the flood zone of the Coachella Canal. No other items were found in association with this isolate. Given the sensitive nature of the Project Site, impacts to other 19 A Phase 1 Cultural Resource Investigation of "The Ranch" Project Area Located in the Community of La Quinta County of Riverside, California, McKenna et al., September 1999. 24 The Rmrch April 2, 2002 Initial Study undiscovered isolates could occur during earth disturbing construction work. With the implementation of the following mitigation measures, impacts would be less than significant. Two sets of structures are present on the Project Site. The first is the Kennedy residential complex, which was built after 1950 by previous owners of the property. The second set is the existing "Ranch" complex, all of which were built after 1970. Neither set, according to the site -specific study, is of historic landmark status. Build -out of uses would require earthwork for creation of development pads, land contouring to establish drainage patterns, and trenching to install utilities. Based on the results of the site -specific Phase I survey, the project will not significantly impact known resources on -site. However, given the general sensitivity of the surrounding area, and that the eight isolates found are located in proximity to a recorded site (CA-RIV-2842), the project has the potential to impact previously unidentified subsurface resources. Mitigation has been identified to reduce this potential impact below a level considered significant. Mitigation Measures During any ground altering activities associated with project grading or construction, including demolition of existing modem structures and facilities, the project area shall be monitored by a qualified archaeological monitor. The monitor shall have the authority to halt any activities impacting potentially significant cultural resources until the resources can be evaluated for significance and cleared or mitigated. The monitoring program shall also include consultation with the local Native American representatives (e.g., Torres -Martinez and/or Morongo Reservations). Further Study Required: No further analysis is required regarding this topic. Potentially Potentially Significant Less than XV. RECREATION. Would the proposal: Significant Impact Unless Mitigated Significant Impact No Impact a. Increase the demand for neighborhood or regional El El parks of other facilities? b. Affect existing recreational opportunities? Documentation: a-b) With the exception of Lake Cahuilla County Park, the City of La Quinta is responsible for providing and maintaininublic parks within the City. Existing public parks within the City include the Fritz Burns Park, the FranC-S g pack park, Seasons Park, Adams Park, the Eisenhower Park in the Cove, the Desert Pride Park, the Community Park and the Avenue 50 Sports Complex. The State of California passed legislation (Section 66477 of the Government Code) which allows a city to pass an ordinance to require, as a condition of approval of a subdivision, the dedication of land or the payment of a fee in lieu of dedication, or a combination ofpboth, for ark or recreational purposes. This legislation, commonly called the "Quimby Act," establishes a standard ofp3.0 acres per 1,000 population as the amount of land necessary to meet the requirement for the provision of Neighborhood and Community Park land. The City of L a Quinta requires 3.0 acres of parkland per 1,000 residents of new development pursuant to the Quimby Act. Given the nature of the proposed uses, the project would not generate any permanent residents for which additional park acreage is required. Additionally, the project would introduce 2 public golf courses, as well as a 9 hole public course offering a junior golf rogram. Therefore, the project would provide additional public recreational services without increasing the City's population, which could be considered a beneficial impact of the project. The Proposed Project would not increase the demand for neighborhood or regional park facilities, nor would it affect existing recreational opportunities. Therefore, no significant impacts to recreational facilities would occur. Further Study Required: No further analysis is required regarding this topic. 25 The Rmich April 2, 2002 Initial Study Potentially Potentially Significant Less than XVI. MANDATORY FINDINGS OF SIGNIFICANCE. Significant Impact Unless Mitigated Significant Impact No Impact a. Does the project have the potential to significantly degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short- term, to the disadvantage of long-tem1, environmental goals? C. Does the project have impacts which are individually El 1-1limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d Does the project have environmental effects which Elwill cause significant adverse effects on human beings, either directly or indirectly? Documentation: a) Based on the analysis provided in Section I through XV, the Proposed Project does not have the potential to significantly degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. All biological impacts would be less than significant with the implementation of the proposed mitigation measures. b-c) Based on the analysis provided in Section I through XV, the project would not achieve short-term City and environmental goals to the disadvantage of long-term environmental goals. As stated, the project has been planned consistent with the City's General Plan. Development of the Proposed Project would implement build - out of the General Plan. Additionally, the project would not generate impacts that are individually limited but cumulatively considerable. No significant impacts would occur with the implementation of the proposed mitigation measures. d) Based on the analysis provided in Section I through XV, the project would not generate environmental effects which will cause significant adverse effects on human beings, either directly or indirectly. Further Study Required: No further analysis is required regarding this topic. 067 26 The Ranch April 2, 2002 Initial Study REFERENCES The following materials/resources were utilized in the preparation of this Initial Study. Any documents listed below are available for review at the City of La Quinta Community Development Department located at: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 1. A Phase I Cultural Resource Investigation of "The Ranch" Project Area Located in the Community of La Quinta County of Riverside, California, McKenna et al., September 1999. 2. California Integrated Waste Management Board, California Integrated Waste Management Board Website, February, 2002, http://www.ciwmg.ca.gov/. 3. City of La Quinta Draft Comprehensive General Plan, Certified March 2002. 4. City of La Quinta Draft Comprehensive General Plan, Draft Environmental Impact Report, July 2001, Certified March 20, 2002. 5. Department of Conservation, Department of Conservation Website, http://www.consrv.ca.gov/. 6. Jurisdictional Delineation Report, The Ranch at La Quinta, Impact Sciences, September 2000. 7. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Limited Geotechnical Investigation, November 1999. 8. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Water Quality Evaluation, June 2000. 9. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Environmental Site Assessment South Ranch Property, February 2001. 10. Ninyo & Moore Geotechnical and Environmental Sciences Corporation, Environmental Site Assessment North Ranch Property, February 2001. 11. Telephone communication, Jim Zimmerman, Development Service Supervisor, Coachella Valley Water District, March 2002. Vsv 068 27 The Ranch April 2, 2002 APPENDIX A Air Quality Data ()S.1 Table: AQ-1 SUMMARY OF ESTIMATED DAILY OPERATION -RELATED EMISSIONS Project Name: The Ranch Emissions in Pounds per Day CO VOC Land Use Resort Hotel Vehicular Sources 32.6 4.8 9.0 0.6 37.0 Stationary Area Sources 0.0 0.0 0.0 0.0 0.0 Subtotals 32.7 4.9 9.0 0.6 37.1 Commercial Retai Vehicular Sources 7.9 1.2 2.2 0.1 8.9 Stationary Area Sources 0.1 0_0 0.3 0_0 0.0.0 Subtotals 8.0 1.2 2.5 0.1 8.9 Golf Course Vehicular Sources 17.7 2.7 4.6 0.3 20.4 Stationary Area Sources Q 1 0_1 0_2 0U �.0 Subtotals 17.8 2.8 4.9 0.3 20.4 Residential Condc Vehicular Sources 57.8 14.7 14.9 1.0 66.6 Stationary Area Sources 2.5 5L. � 3.1 0_0 Q_Q Subtotals 60.3 20.2 18.1 1.0 66.6 Golf Course Club] Vehicular Sources 10.5 1.4 2.6 0.2 12.2 Stationary Area Sources 0.1 U 0.2 0_0 0.0 Subtotals 10.6 1.5 2.8 0.2 12.2 Project Totals Vehicular Sources 126.5 24.9 33.5 2.3 145.2 Stationary Area Sources 2.8 5.7 3.9 0.0 0.0 TOTALS 129.3 30.6 37.3 2.3 145.3 SCAQMD Thresholds (lbs/day) 550.0 55.0 55.0 150.0 150.0 Project's Significance (Yes or No) NO NO NOI NO NO O ,), 070 Table: AQ-2 EMISSIONS FROM ON -ROAD VEHICLE TRAVEL Project Name: The Ranch Analysis Year: 2005 EMFAC7 Model: EMFAC7G Project County Location: Los An Orange: Riverside X San Bernardino Temperature: Winter (CO): Summer (VOC):Summer P0q (NO,): URBEMIS Analysis Methodology: Updated: l -J Entrained Roadway Dust: Calculate: �X Ref No. I Land Use Resl Non -Res Units/ 1000 SF ADT Rates NOV Rates Trips per ADT % Pass -By % Diverted % Internal New Trips Res. NOV % Work Trips % Truck Tri s 66 Resort Hotel N 250 8 9.20 Room 2,000 0% 090 50% 1,000 2,300 9.0% 1.8% 197 Commercial Retail N 25 53.22 0.00 1000 SF 1,331 0% 0% 80% 266 0 2.0% 2.1% 91 Golf Course N 36 35.72 0.00 Holes 1,286 0% 0% 50% 643 0 3.0% 0.4% 46 Residential Condo R 300 5.86 1.71 Unit 1,758 0% 0% 50% 879 512 0.0% 0.5% 152 Golf Course Clubhouse N 25 16.4 0.00 1000 SF 410 0% 0% 50% 205 0 35.0% 0.5% 0 0 0 0 0 0 0 Trip Types Residential Non -Residential _ Home to Work Home to Shop ! Home to Other Work Non -Work Pass -By Diverted Trip Length (miles) 10.00 ! 4.00 4.00 10.00 4.00 I 0.01 0.50 Trip Speeds 35.0 35.0 35.0 J 35.0 35.0 i 10.0 35.0 Percent Trip 20.0% 50.0% 30.0% Vehicle Fleetmix %Tye Catalyst Non -Cat Diesel Passenger Vehicles Automobiles 83.3% 98.7% 1.0% 0.3% Light -Duty Trucks 11.1% 99.7% 0.0% 0.4% Urban Buses 2.2% - - 100.0% Motorcycles 3.3% - 100.0% - Trucks Medium -Duty Trucks 30.0% 100.0% 0.1% - Light Heavy -Duty Trucks 20.0% 44.3% 5.8% 50.0% Medium Heavy -Duty Trucks 10.0% 40.9% 9.2% 50.0% Heavy Heavy -Duty Trucks 30.0% 1 100.0% Project Vehicular Emissions in Pounds per Day Motor Vehicle Emissions Entrained Roadway Vehicle Miles PM,,, CO VOC NO, I SO, t PM,„ Resort Hotel 5,080 32.6 4.8 9.0 0.6'i 0.3 36.8 Commercial Retail 1,224 7.9 1.2 2.2 0.1, 0.1 8.9 Golf Course 2,803 17.7 2.71 4.6 0.31 0.1 20.3 Residential Condo 9,142 57.8 14.7 14.9 1.01 0.4 66.2 Golf Course Clubhouse 1,681 10.5 1.4 2.6 0.2 I I 0.1 i 12.2 TOTALS 19,930 126.51 24.91 33.51 2.31 1.0 071 Table: AQ-3 EMISSIONS FROM STATIONARY AREA SOURCES (SCAQMD CEQA Air Quality Handbook Tables A9.11 and A9.12) Project Name: The Ranch Ref Code Units/ Units/ I Water/Space Heating Emissions in Pounds/Day Landscape Maint. Emissions in Pounds/Day Consumer Prod. CO VOC CO VOC NO, SO No. SF Bld s. cf/Month VOC 66 Resort Hotel 12 250 1 l 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 197 Commercial Retail 7 25,000 1 72,500 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 91 Golf Course 5 20,000 2 58,000 0.0 0.0 0.2 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 46 Residential Condo 3 300 300 1,175,400 0.8 0.2 3.1 0.0 0.0 1.7 0.2 0.0 0.0 0.0 5.1 152 Golf Course Clubhouse 11 25,000 1 50,000 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 TOTALS 1,357,100 0.91 1 0.0 0.0 5.1 Land Use Type Code Natural Gas Consumption Conversion Factors Usea a Factor Residential Single Family I Cubic Feet/Unit/Month 6,665.0 Multi -Family (<5) 2 Cubic Feet/Unit/Month 4,105.0 Muld-Family (5+) 3 Cubic Feet/Unit/Month 3,918.0 Food Store 4 Cubic Feet/Square Foot/Month 2.9 Restaurant 5 Cubic Feet/Square Foot/Month 2.9 Hospitals 6 Cubic Feet/Square Foot/Month 4.8 Retail 7 Cubic Feet/Square Foot/Month 2.9 College/University 8 Cubic Feet/Square Foot/Month 2.0 High School 9 Cubic Feet/Square Foot/Month 2.0 Elementary School 10 Cubic Feet/Square Foot/Month 2.0 Office 11 Cubic Feet/Square Foot/Month 2.0 Hotel/Motel 12 Cubic Feet/Square Foot/Month 4.8 Warehouse 13 Cubic Feet/Square Foot/Month 2.0 Miscellaneous 14 1 Cubic Feet/Customer/Month 241,611.0 Emission Factors for Each Criteria Pollutant from Space and Water Heating, Landscape Maintenance, and Consumer Products Emission Factors Water/Space Heatin Emission Factors Landscape Maint. Emission Factors Consumer Prod. VOC CO VOC CO I VOC Residential Uses Nonresidential Uses 20.0 20.0 5.3 5.3 80.0 120.0 0.0 0.0 0.2 0.2 0.00576 0.0276 0.00054 0.0315 0.00014 0.005 0.0 0.0 0.00001 0.00037 0.0171. 0.0 072 CONSTRUCTION ACTIVITY EMISSIONS GRADING PHASE. EQUIPMENT EMISSIONS Nu. of Hours F wion Fu in Ibs4mur(au . Diesel Engines) Emisskons in Poundx mi, Day Fyui(msent Type Vehicles jr Day CO VOC N()x SO. I PMIO CO V(3C NOx sox P1410 Uft-50 Hp Fork Life-175 Hp '0 $ 0.520 .t 0.170 1.540 --0.031 -- 0.09.1 O.000 0.000 Q. 0.0W 0.0W Truck.:Off Hwy Q 8 1.800 0.190 4.170 0.450 0.260 0." O.OIX) 0.000 0.000 0.0W Tracked Loader 0.201 0.095 0.830 0.076 0.059 0.001) 0.(= 0.000 0.000 O.pB) Tracked Tmx 0 H } 0.350 0.1.10 1.260 0.140 0.112 0.000 0XW 0.000 0.000 0.(XK) Scnpm 2 S ,;, 1.!50 0.270 3.940 0.460 0.410 20.p10 4.320 61.440 7.360 6.5fif1 WIIe k D,-r E 8 -- -- - 0.350 0.165 2.8m 1.320 Wh.wlcd Looter fl & - 0.572 0.230 1.900 0.182 0.170 0.000 0.A(q 0.0(Ifl O.OW 0(I(I(1 Whcel.J Tractor 4) ,� '� 3.58(1 0.180 1.2711 O.cm 0.140 0.(R70 O.IXM O.OIXI 0.0(111 0.000 Rolls 0.300 0.065 0.970 0.067 0.050 0.000 0.O00 0.000 0.000 0.0W Grmkr 8 0.151 0.039 0.713 0.086 0.061 2.416 0.624 11.408 1.376 0.976 Miscel ancous � 0.675 0.150 L600 0.143 0.140 IO.R 2.4(10 ZS.fA10 2.ZR8 '_.v_40 Taal Fmissiona: 33.21IIII6 7.341 99.448 13.tl24 I I.Wfi an front TabI+AY-&A dXAQMD CEQA AtrQ-1ty ti-di m. (Aprn 1-il ON -AND OFF -ROAD VEHICLE EMISSIONS Fmis +m Faelarx in aramslmile Fmi in Pounds per Duy No.of Mk. Elgin. 6tgim Vehicle Type V.W6.,, per Day CO VtIr NOs SOx PMIO CO VOC NOx -) SOx PMIO slur ruu _ .11 _. > ... ._ : Haul Trucks 25.015 2.85 5.3.15 0 0.2575 0.00 0.00 00) 0.00 0.0(1 C,n Worker Vchicics 15 :.23 8.63 1.25,5 0.63 0 O.pK 6.57 0.95 O.47 O.IX) O.W Total Emiuions: 7.141 1.01 IL62 0.00 0.01 Fomula m (ram T+bH AYdj & K a(XAQMD CEQA Ab 0u+ltty Ha�Wbwk APO IW3). EmtWm. Fumn an fa XAQMD Aw 2, amum.l0 MPH.and nlH.n 4n.vnag. far lYH and 2m1. FUGITIVE DUST EMISSIONS Wind SuiI Daily Fugitive " Speed Mei.wrc Suil Soil PMIO Dust Source (;Pit) % (CY) Demity avau ng c CEQA Air Q..Iny H+mboab4A1. tYwl. Sih Soil Pugitivc Rule 40,1 Nct Contont Moisture No. of Uaity PMIO Rednmitw PMIO Dust Source (%) % Equip. i Noun (Ib.) % Ibs (Ibs) Eardtmoving 4 J `V ,fir, +�'3 ,: ""w' S435 70% 78.19 16.37 Total Emissions: 95.47 66.33 28.M Formula&front T.M.A4YFdXAQMDCEQAAllk2.1.i naiwuon IAprn tYY.rr. RuI.aN 14dunim rmtratmer an fnm Table Al1AA dXAQMD CEQA Ak Qually HaMbonk (APrt119931 (htSite Fugitivo Fugitive Rule 403 Net No. of Mlle. PMIO PMIO Reduclimr PMIO Vehicle TyPe Vchicics P.r Day (,w,.h/.i) (IM) % Ibs (Ibs) HaulTm.k. (m-we) 4 ��e Illt� 23.0 0.(81 70% 0.00 0.00 Cont. Worker Vehicle. .b,ir '. i3 F' 5.56 16.hR 70% 11.68 Tool E mions: 292.6tl 204.88 87.80 Emlmimf Fwmr& hmn P.e.Y-2adXAQMDCEQA Air Qu+Inv KiiMi .b(AM11 ,t). RW.am R.dunim nnmtm.n an hom Tab& AIIAA dXAQMD CEQA Air Quality Nmdbmk (APHI 1"31 Silt Rain Wid> Arta Pugitivc Rut. 403 Nct Comm 20.01 in. 12 mph Ex. xpod PMIO Rduni- PMIO Dust Scarce 1%) (d.5 (%) laaex) (IN) % Ibs (Ibs) pnc swage t •. N'; . Fiposed GrcJ.J Surfau 4 3S 50 , 163 - 17.29 70% 12.11 5.19 Twat Fink- 17.29 t2.11 5.19 Farmul. Yfrom Ta.l. AY-9EdXAQMD CEQA An ii.uw namww+lAPrn nral Rul. am RdurHm prcwman an f. Tabl. At -A dXAQMD CEQA All Qu+11M H+rdbo,E IAprit 1A3) TOTAL EMISSIONS Emirs (Pound. per Duy) Emi.xiurl. Stwrce CO VOC NOx SO. PMR) uqm 0.. atWcOff-Road Vehicle. . 7.24 1.03 062 (1.00 0.01 Fueilive Dmt E__i_rrmwhing - - - 0.07 Grding and Earthmovhrg Vehicl.s - - - - - - 95.47 29 .69 Expwd Piles & Surface. - 17.21) Mitiemkx_ union 0.0(1 O.pl 0.00 O.f81 2tlJ.tl1 Nct Emissim Twals: 40.45 8.37 99.0fi 13.82 132.81 SMAQMD TdlruhuW; SSO.IXI 73.fi0 10f1.110 ISODO 150.(8) k-,,d. ThrcalwW'! No No No No No 073 CONSTRUCTION ACTIVITY EMISSIONS BUILDING CONSTRUCTION PHASE EQUIPMENT EMISSIONS No. n( Hours Emission Fw- in IbxN.mrlasxumex Dic.+d F mines) Emixxa,nx in Pwndx per Day Equipment Tyla: Vehides per Day CO VOC NOx SO. PMIO CO VOC NO,, SOx PMIO It t- p ..n.w.1 Fork Life-175 Hp vi 8 0.520 0.170 1.340 - 0.1)93 0.000 0.000 0.000 0.000 Tmcks:ORHuy 0 8 1.800 0.190 4.170 0.450 0.260 0.000 0010 0.000 0.0110 0.000 Trackcsi 1-dcr 2 8 0.101 0.095 0.8.W 0.076 0.059 3.216 1.520 13.280 1.216 0.944 TrackW Tractor 0 A O.m 0.120 1.260 O.Wo 0.112 0.000 0.000 0.(m 0.000 0.000 Scraper ' x 0 8 1.250 0.270 3.A40 0.460 0.410 0.000 oboo 0,000 0.000 0.000 Wheeled Dour C 8 - •• - 0.350 O.IIiS 2.800 1.320 Whcckd loader 1 8 0.572 0.23(1 I.90(1 0.182 0.170 4.576 LA4D 15.200 I.456 I.3/A Wlleekd Tmcrur �: 0 B 3.Sso O.IRO I.'_70 0.090 0.140 0.000 O.OM 0., 0.000 O.00D Roller it % 0.'Rq 0.063 O.A70 0.067 0.050 2.400 0.520 h.960 0.536 0.400 0.151 O.OM 0.713 0.086 0.061 0.000 0.000 a.000 0.01g1 0.00D 0.615 11.150 I.7fp 11.14} 0.140 10.%00 '_.400 27.200 2.289 2.'_40 Toml Emi+sions: 20.992 1 6.280 62.640 1 8.296 6.264 bran Tanta -A --QA Alrvuallry nanalwau(Apnt I— ON. AND OFF -ROAD VEHICLE EMISSIONS - mi.. F-,- in grams/mik Emission- in Pounds per Day Falgilw Engilw N . of Miles Vehick Typc Vehicicx per Day CO VOC NOx SOx PMIO CO VOC NOx sox PMIO nlcr luc 3. x _ IJ .. ._ .U. " Haul Tracks Cunst. Wacker Vehkks B . `�� 15 3R , Q} 25.015 A.65 2.A5 1.255 5.375 0.615 0 0 0.2575 O.IXIS 0.00 6.57 0.00 0.95 0.47 0.00 O.W 0.00 0 W Tuml Emiuinn,: 7.01 I.011 0.57 O.W 0.01 Formula Y lrum T+bk AY-S)& XAQN1111QA All Q 111y nanauooxlApnl-j. FUGITIVEEDUST FUGITIVE Farer EXAQMD Am J,vrume tU MPH.and ralka+tlwaanaga fw 1999W 7U01. Eh1i551ON-S Wind Soil UailY Fugiuve Speed Muixture Snil Suil PMIO Dust Sourm (mph) % (CY) Denxiy (Ibs) vsu mg Acl+vnms formula k Imm Table A9-9-G (SCAQ--WA All Qua- naMnlvra(Apnl F-1. Silt Soil Fugitiva Rule 407 Net Comm�t Moisum Nu. of Wily PMIO Rcduelwn PMl0 Duet S- (%) % Equip. Hours (lb.) % Ibs (Ibs) cmdi -, '�F Eanhmuvig IS A.5 "�' 9 t :{`i 0.00 7. 0.00 0.00 T-1 Fmixiolu: 110) OAII 0.00 On - Site Fugitive Fugiuve Rule 40J No Nu.of Mika PM10 PM 10 Reduction PMIO Vehick Type Vehicles Per Dry (lb.1-Wmi) (Ilu) % Ibx (lb.) alcr _. _ ) Haul Trucks (un-xtu) IO 23.0 O.IIU 70% 0.00 O.OfI C.wst. Wakcr V<hid. - -- iBY . - h d2-. ? " li 56 I1.12 70% 7.7R 3.34 Tmal Fniaiotu: IU3.12 72.1% 30.94 Ruk Ina NNuanim g- afmT,llW All 9nUXQAQMD CEQAAknQpundi ly HaNbmk (AMII IwJ) Silt Rxin Wind> Area Fugiuv Rule 403 Net C.mmm 20.01 in. 12 mph Expored PMIOe Reductim PMIO Du+t Sour¢ (%) (day-) (%) (ocTcq (lb.) % IW (Ibx) os pe orage I 1. E.1-d GrJved Surface IS 14 50 (SO 259A0 70% Igi.58 77.92 Taal E mions 259A0 191.59 77.32 seta uxwVm annamwxxlnpn -eaa. Rulel0) RNuenm xwrcalYgaa arefrum Tabk All-YA NXArrQMD CEQA Ak Qually Nardbrx4<(Afeil IVAJ) TOTAL EMISSIONS Emus (Pounds per My) CO VDC NOx SOx PMIU F ie -Source -ympmem _ ._ _. ._ On• and Olf-Ruad Vehick- 7.01 1.00 0.57 0.00 0.01 Fugitive D- Exe W."'Ctenching - - - - 001 Grading and Earthmoving - - - - 0.00 Vehick, - - - - 103.12 Ez d Pile, & Surfamx 259AO Mitigatiol✓Reduui.m O.OU 0.00 0.00 0.00 257.76 Nor Emis-ion Tdal+: 28.01 7.2A fiJ.21 8.30 I IS.(13 SMAQMU Trineshold: S30.W 75.00 1110.0(1 150.0ll I50.(10 Exceeds Thre-h No Nu Nu No . Nu 09 41 074 RESOLUTION RA 2002- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a), EXERCISING THE OPTION CONTAINED IN THE OPTION AGREEMENT AND AUTHORIZING ENTERING INTO THE AGREEMENT OF PURCHASE AND SALE OF JOINT ESCROW INSTRUCTIONS, AS AMENDED WHEREAS, on the 15th day of May, 2001 the La Quinta City Council (the "City Council") approved the 2001-02 Economic Development Plan which includes implementation policies supporting economic diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, KSL Land Holdings, Inc. owns 525 acres of property (the "The Ranch") located in La Quinta Redevelopment Project Area No. 1 (the "Project Area") which is suitable to attain the aforementioned objectives; and WHEREAS, on the 16th day of April, 2002 the City Council made findings pursuant to Health and Safety Code 33345 to approve use of funds from Redevelopment Project Area No. 1 for an Option Agreement to allow the La Quinta Redevelopment Agency (the "Agency") an opportunity to complete due diligence activities related to acquiring The Ranch; and WHEREAS, on 16th day of April, 2002 the Agency approved an Option Agreement to allow the Agency an opportunity to complete due diligence activities related to acquiring The Ranch; and WHEREAS, the lack of recreational facilities and the prevalence of economic maladjustment were documented as some of the conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment No. 1; and WHEREAS, Section 518 of the Redevelopment Plan for La Quinta Redevelopment Project No. 1, as amended by Amendment No. 1, authorizes the Agency to purchase and improve property for park, recreation, cultural and community facilities; and WHEREAS, purchasing The Ranch would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and o � t.~ S:\citymgr\Kim Fischer\RanchRDAFind.wpd 075 Resolution RA 2002- The Ranch Adopted: May 15, 2002 WHEREAS, there is inadequate funding within the City's General Fund or from other sources to acquire The Ranch; and WHEREAS, it would be in the best interest of the public to pursue acquisition of The Ranch. NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the Agency Governing Board. SECTION 2. The Governing Board of the Agency hereby authorizes exercising the option contained in the Option Agreement and approves the Agreement of Purchase and Sale and joint escrow Instructions (the "Agreement") for the acquisition of The Ranch. SECTION 3. The Governing Board of the Agency further approves the amendment of Agreement relating to the PGA Agreements. SECTION 4. Pursuant to Health and Safety Code Section 33445(a), the Agency finds and determines that: A. Exercising the option contained in the Option Agreement and entering into the Agreement for the acquisition of The Ranch are of benefit to the Project Area and to the immediate neighborhood in which The Ranch is located. B. No other reasonable means of financing the Agreement are available to the community. C. The payment of funds pursuant to the Agreement and purchase of The Ranch will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of recreational facilities and opportunities, and is consistent with the Agency's implementation plan adopted pursuant to Section 33490. D. The Governing Board of the Agency hereby authorizes the Executive Director to exercise the option and execute the Agreement and appropriates the funds necessary to facilitate the acquisition of The Ranch. 00 SAcitymgr\Kim Fischer\RanchRDAFind.wpd 076 Resolution RA 2002- The Ranch Adopted: May 15, 2002 E. This resolution shall take effect from and after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 15th of May, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: TERRY HENDERSON, Chair La Quinta Redevelopment Agency ATTEST: JUNE S. GREEK, CMC, Agency Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel La Quinta Redevelopment Agency, California U� 0'7'7 S:\citymgr\Kim Fischer\RanchRDAFind.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS TO FACILITATE THE PURCHASE OF THE RANCH PROPERTY WHEREAS, on the 15th day of May, 2001, the La Quinta City Council (the "City Council") approved the 2001-02 Economic Development Plan which includes implementation policies supporting economic diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, KSL Land Holdings, Inc. owns 525 acres of property (the "The Ranch") located in La Quinta Redevelopment Project Area No. 1 (the "Project Area") which is suitable to attain the aforementioned objectives; and WHEREAS, on 16th day of April, 2002, the City Council made findings pursuant to Health and Safety Code 33345 to approve use of funds from Redevelopment Project Area No. 1 for an Option Agreement to allow the La Quinta Redevelopment Agency (the "Agency") an opportunity to complete due diligence activities related to acquiring The Ranch; and WHEREAS, on 16th day of April, 2002 the Agency approved an Option Agreement to allow the Agency an opportunity to complete due diligence activities related to acquiring The Ranch; and WHEREAS, the Agency has approved an Agreement of Purchase and Sale and Joint Escrow Instructions (the "Agreement") that facilitates Agency purchase of The Ranch; and WHEREAS, the lack of recreational facilities and the prevalence of economic maladjustment were documented as conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment No. 1; and WHEREAS, Section 518 of the Redevelopment Plan for La Quinta Redevelopment Project No. 1, as amended by Amendment No. 1, authorizes the Agency to purchase and improve property for park, recreation, cultural and community facilities; and WHEREAS, purchasing The Ranch would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and 03; 078 S:\citymgr\Kim Fischer\RanchCCFind.wpd City Council Resolution 2002- "The Ranch" Adopted: May 15, 2002 WHEREAS, there is inadequate funding within the City's General Fund or from other sources to acquire The Ranch; and WHEREAS, it would be in the best interest of the public to pursue acquisition of The Ranch. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. Exercising the option contained in the Option Agreement and entering into the Agreement for the acquisition of The Ranch are of benefit to the Project Area and to the immediate neighborhood in which The Ranch is located. B. No other reasonable means of financing the Agreement are available to the community. C. The payment of funds for the Agreement and purchase of The Ranch will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of recreational facilities and opportunities, and is consistent with the Agency's implementation plan adopted pursuant to Section 33490. D. The City Council consents to the Agency appropriating and expending funds to implement the terms of the Agreement and facilitate the acquisition of The Ranch. E. This Resolution shall take effect from and after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 15th of May, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 9 S:\citymgr\Kim Fischer\RanchCCFind.wpd 07a City Council Resolution 2002- "The Ranch" Adopted: May 15, 2002 JOHN L. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California I- ( !., 030 S:\citymgr\Kim Fischer\RanchCCFind.wpd ATTACHMENT(S) 1 G 081 ATTACHMENT #1 • SUMMARY REPORT ' FOR THE AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INTRUCTIONS ' BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND ' KSL LAND HOLDINGS FOR THE RANCH PROPERTY April 30, 2002 ' INTRODUCTION ' This document is the Summary Report ("Report") for the proposed Agreement of Purchase and Sale and Joint Escrow Instructions ("Agreement") involving the La Quinta Redevelopment Agency ("Agency") and the KSL Land Holdings, Inc. t ("Seller"). The Agreement facilitates the purchase of the Seller's 525-acre property known as The Ranch ("Property"). The Agency proposes to purchase the Property to facilitate the development of municipal/public golf course(s), ' • passive recreation, and commercial/hospitality uses. The Property is located in La Quinta Redevelopment Project No.1 ("Project No. 1"). These uses will address some of the blighting conditions cited when Project No. 1 was ' established in 1983, which included the lack of recreation facilities and economic maladjustment. ' This Report has been prepared pursuant to Section 33445 and 33679 of the California Health Safety Code ("Law") and presents the following: ' . A summary of the Agreement. The estimate of the amount of taxes proposed to be used for the land and the ' construction of any publicly owned building, including interest payments. ' • That the buildings, facilities, structures, or other improvements will benefit the project area or the immediate neighborhood in which the project is located. ' . That no other reasonable means of financing the buildings, facilities, structures or other improvements are available to the community. ' • That the payment of funds for the acquisition of the land and the cost of the buildings, structures, or other improvements will assist in the elimination of 082 smp51502t.doc 1 5/3/02 ' one or more blighting conditions within the project area, and is consistent with • the implementation adopted pursuant to Section 33490 of the Law. THE AGREEMENT ' The Agreement provides that the Agency will purchase the 525-acre Property for a cost of $42,500,000 or $80,952 per acre, provided that escrow closes by July 2, 2002. Closing may be extended to October 31, 2002, however the Agency ' must pay an additional $212,500 per month for every additional month that escrow does not close after July 2, 2002. These additional payments add to the purchase price. If escrow did not close until the end of October 2002, the total ' purchase price would be $43,500,000. The Agency commissioned an MAI appraiser from Capital Reality to prepare an appraisal that verifies the Property's value based upon public golf and private resort uses. Using comparable sales ' analysis, this appraisal generated a per acre value range of $75,000 to $83,000, and thus the purchase price is fair market value consistent with a blended value per acre. ' An initial deposit of $100,000 was made when the Agency executed the Option Agreement and opened escrow. Upon exercising the Option to purchase and ' thus approving the purchase as provided in the Agreement, an additional $150,000 deposit is required. Both deposits and accrued interest on these • deposits are credited towards the purchase price and are non-refundable. Prior ' to the Agency executing the Option Agreement, Agency staff conducted, and presented to the Agency Board the staffs analysis of, an extensive due diligence investigation that included commissioning and receiving the property appraisal, a ' title report and a hazardous materials survey, confirming the Property's boundaries, processing a mitigated negative declaration to analyze ' environmental impacts under the California Environmental Quality Act ("CEQA"), and evaluating materials submitted by the Seller and others, a majority of which are listed on Exhibit B of the Agreement. To date all of the aforementioned items, except for mitigated negative declaration, have been completed and have not surfaced outstanding issues. The mitigated negative declaration will be presented for consideration as part of the consideration of the Agreement at a ' public hearing scheduled for May 15, 2002. The Agreement includes covenants that restrict certain uses on the Property ' during the first seven years of Agency ownership. Regarding the use restrictions, during the first seven years of Agency ownership only the following would apply: ' The maximum number of hotel rooms that can be constructed on -site during the first 7 years following Agency acquisition is 250; '• The maximum number of condo -hotel units that can be constructed • during the first 7 years following Agency acquisition is 300 with a maximum of 500 keys; MM I smp51502t.doc 2 5/3/02 I* • The maximum number of hotel -associated conference space that can be constructed during the first 7 years following Agency acquisition is 10,000 square feet; and • The maximum room rate that may be charged for the hotel and condo - hotel units during the first 7 years following Agency acquisition is 70% of the advertised rate of the La Quinta Resort and Club for rooms of like kind (but the rate, in no event, is required to be less than $125 per night). The Seller currently owns the La Quinta Resort and Club. Regarding the Seller's access the following would apply: • Through a separate agreement that does not encumber the Property, the Seller will have an equal opportunity to purchase golf packages that are offered to other La Quinta hotels and resorts, and the Seller will also have equal opportunity to submit proposals to manage and rent the condo - hotel units as may be provided to other condo -hotel management firms, as provided by and subject to applicable laws. All of the above use restrictions and access requirements would terminate prior to the expiration of the 7 year period following Agency acquisition if the Seller sells its interest in the La Quinta Resort and Club. Agency staff has evaluated these restrictions and do not believe that they unduly restrict the development of this property. First, the hotel, condo - hotel, and conference space restrictions expire 7 years after the close of escrow or by 2009. Review of current market studies the City has commissioned and discussions with hotel market consultants indicates that the La Quinta resort and hospitality market will not have sufficient demand to support hotel and condo -hotel development on this site larger than 250 rooms and 300 rooms, respectively, without severely impacting the La Quinta Resort and Club. In essence, instead of generating additional occupied rooms, if a hotel or resort larger than 250 rooms, and more than 300 condo -hotel rooms, were built on this site within the next seven years, it would reduce occupancy at the La Quinta Resort and Club rather than increasing the number of occupied rooms in La Quinta. The City therefore would not benefit from this build -out during this initial 7-year period. Further, after the restrictions expire, additional hotel, condo -hotel and conference facility development may be built, if the market can support the additional space. • Finally, the Agreement does not commit the Agency to fund the construction C4 r_t of publicly owned improvements or building. The Agency is purchasing the 084 smp51502t.doc 3 5/3/02 ' Property to facilitate the development of up to two 18-hole public golf courses, a 9-hole executive course, a clubhouse with public meeting space, ' and commercial, hotel, and condo -hotel space. However, no timetable or development plans are in place at this time. Once escrow closes the Agency will undertake site, golf course and facility planning activities that will ' identify the location, cost, structure, funding mechanism and anticipated implementation timeframe for each use. ' THE ESTIMATE OF THE AMOUNT OF TAXES PROPOSED TO BE USED FOR THE LAND AND THE CONSTRUCTION OF ANY PUBLICLY OWNED BUILDING, INCLUDING INTEREST PAYMENTS ' will a 42 500 000 for the Property. The Per the Agreement the Agency pay $ Agency could incur an additional $1,000,000 of acquisition costs if the sales ' transaction does not close by July 2, 2002, but instead is delayed until as late as October 31, 2002. However, barring the unforeseen, the Agency, if the Agency ' Board approves exercising the Option to purchase, anticipates being able to close escrow on the purchase by July 2, 2002. The purchase will be funded from bond proceeds derived from the Agency's Project No. 1 Series 2001 Bonds, and ' the Project No. 1 Series 2002 Bonds. The funding amounts are $20,000,000 and $22,500,000, respectively. These bonds are funded only through tax increment revenue derived from Project No. 1. Bond payments are not an obligation of the ' • City of La Quinta or the properties that comprise Project No. 1. Further, Project No. 1 tax increment revenue can only be used to fund projects and programs that eliminate blight within the Project Area by improving and/or developing public ' facilities and improvements or by assisting private projects that eliminate blighting conditions, or used to fund the development of affordable housing. This money cannot be used to fund the City service costs, such as police, fire, and ' general government staffing costs. The projected interest expense the Agency will incur to use this bond financing for the 30-year term of the respective bond issues is $50,000,000. No costs will be incurred related to the construction of tpublicly owned buildings as a result of the Agreement. THE BUILDINGS, FACILITIES, STRUCTURES, OR IMPROVEMENTS THAT ' WILL BENEFIT THE PROJECT AREA OR THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED ' The Agreement does not initiate the construction of public buildings, improvements or structures. Any construction would occur at a later date, after extensive planning activities on the Property and compliance with all applicable ' law. The Property is located in Project No. 1 which was established in December 1983. Two of the blighting conditions cited for establishing Project No. 1 were the lack of recreation facilities and the lack of enterprises that stimulate business ' activity. Purchasing the Property will afford the opportunity for the Agency to • develop municipal/public golf and other passive recreation uses. Further, the Agency will have additional means to attract resort, hospitality, and related uses ' smp51502t.doc 4 5/3/02 1 C� 085 ' that will attract patrons to Project No. 1 generating additional demand for Project • No. 1 businesses. NO OTHER REASONABLE MEANS OF FINANCING THE BUILDINGS, FACILITIES, STRUCTURES, OR OTHER IMPROVEMENTS ARE AVAILABLE ' TO THE COMMUNITY Other means of financing this acquisition would include the City's General Fund, ' potential grants, and additional property assessments. The City's February 2002 cash -flow forecast indicates that the General Fund will experience modest surpluses for the coming four years. After that point the General Fund is ' projected to incur deficits because a majority of General Fund revenue is derived from one-time development fee income. One reason for pursuing the Property is to obtain land that can support the development of revenue generating uses that ' produce transient occupancy and sales tax income to the General Fund to support City services. Grant funds are available for park and open space acquisition. However, grant funds are not of sufficient amounts to fund this ' purchase. Finally, property assessments could be used. However, the uses envisioned for this site would be both a Project Area and Citywide amenity. Securing the necessary majority to support an increased assessment to fund this ' acquisition would be difficult given the recent failure to secure the necessary majorities to pass City-wide assessments. lie THE PAYMENT OF FUNDS FOR THE ACQUISITION OF THE LAND AND THE ' COST OF THE BUILDSINGS, STRUCTURES, OR OTHER IMPROVEMETNS WILL ASSIST IN THE ELIMINATION OF ONE OR MORE BLIGHTING CONDITIONS WITHIN THE PROJECT AREA, AND IS CONSISTENT WITH ' THE IMPLEMENTATION PLAN ADOPTED PURSUANT TO SECTION 33490 OF THE LAW ' As stated above, the Property is located in Project No. 1 which was established in December 1983. Two of the blighting conditions cited for establishing Project No. 1 were the lack of recreation facilities and the lack of enterprises that ' stimulate business activity. Purchasing the Property will afford the opportunity for the Agency to develop municipal/public golf and other passive recreation uses. Further, the Agency will have additional means to attract resort, hospitality, and ' related uses that will attract patrons to Project No. 1 that will generate additional demand for local businesses. ' Prior to the Agency's consideration of the Agreement and exercise of the Option to purchase, the Agency is scheduled to hold a noticed public hearing concerning a proposed amendment to the Agency's Second Five Year Implementation Plan 'to include this project. If so amended by the Agency after closing of the public • hearing, the project described herein will be consistent with the Agency's Second Five Year Implementation Plan. 1 C' u 1•• I smp51502t.doc 5 5/3/02 ATTACHMENT #2 ADDITIONAL AGREEMENT This ADDITIONAL AGREEMENT ("Agreement") is made and entered into as of April 29, 2002 ("Reference Date"), by and among (1) LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), (2) KSL LAND HOLDINGS, INC., a Delaware corporation ("KSL"), and (3) KSL DESERT RESORTS, INC., a Delaware corporation ("Desert Resorts"). RECITAL ' A. Desert Resorts, an affiliate of KSL, owns and operates the La Quinta Resort & Club, a resort hotel in the City of La Quinta ("La Quinta Resort"). KSL and Desert Resorts are sometimes referred to herein collectively as the "Benefited Parties." B. Concurrently with the execution of this Agreement, Agency and KSL have also entered into that certain Option Agreement ("Option Agreement') pertaining to Agency's potential ' acquisition from KSL of approximately 525 acres of land and improvements thereon (the "Site"). The Site is legally described in Exhibit "A" hereto. ' C. If the Agency exercises the option pursuant to the Option Agreement, the parties thereafter intend to enter into the Agreement of Purchase and Sale Agreement and Joint Escrow Instructions attached as Exhibit "B" to the Option Agreement (the "Purchase Agreement"). D. Agency acknowledges that if it acquires the Site pursuant to the Purchase Agreement, it contemplates as of the Reference Date that it may, but is not obligated to, undertake, participate in, ' financially assist, cause, or facilitate the development on the Site with uses that may include, but not be limited to, one or more publicly owned golf courses (the "Public Golf Course(s)"), hotel(s), motel(s), or other commercial uses which may include one or more "condo -hotels" (as that term is ' defined in Section 1.2 hereinbelow), and/or Agency- or City -owned meeting spaces or conference facilities (as described in Section 1.3 hereinbelow). ' E. The parties desire in this Agreement to set forth their mutual understanding concerning Desert Resort's equal opportunity to (i) have access to "golf packages" offered by the Public Golf Course(s) for, the guests of the La Quinta Resort, and (ii) to have the ability to compete ' to be the initial manager of the Condo-Hotel(s), and (iii) have access to use the public meeting spaces or conference facilities, all of the foregoing in accordance with the terms of this Agreement. ' AGREEMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter I contained, and for good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties hereto agree as follows: 107 ' 394/015610-0048 1 268916.10 a0426/02 Q 7 QV I Golf Packages: Condo -Hotel Management; Civic Meeting Facilities 1.1 If the Public Golf Course(s) is/are developed on the Site, Agency agrees that it shall cause, subject to applicable law and any restrictions or limitations reasonably required for bond or other financing for acquisition and development of the Public Golf Courses, the manager of the Golf Course(s) to offer to Desert Resorts for the guests of the La Quinta Resort "golf packages" that are similar to golf packages that are offered to any other hotel, motel, travel lodge, or resort. As used herein the term "golf packages" means a program or programs of discounted rates and/or preferred tee times, but shall specifically exclude any special or discounted rates or services or preferred tee times made available to individuals who are residents of the City of La Quinta, for their personal use and consumption in accordance with the rules and regulations of such program or programs. 1.2 Agency agrees to cause the owner(s) of any Condo-Hotel(s) (as that term is defined below) that is/are developed on the Site to provide to Desert Resort an opportunity to compete, along with any other firms or entities which may be under consideration, to become the initial manager of such Condo -Hotel, only if such owner(s), including by or through a condominium association or timeshare association, engage outside management to manage their Condo -Hotel, and only if and to the extent such requirement placed by Agency on such owner(s), or the implementation of that requirement, is permitted by applicable law or regulation or by any or rule or opinion from an applicable regulatory body with jurisdiction, including but not limited to the California Department of Real Estate or California Department of Corporations. As used in this Section 1.2, the term "Condo-Hotel(s)" means one or more developments that is/are a fractional or. time-share condominium project in which owners of units are limited to occupancy for a specified number of days per year and which may but is not required to contain units with multiple "lock -offs" or "keys" (i.e., units with two or more dwelling areas that can be used as bedrooms which may be separately accessed by key and which are rented on a "per night" basis). 1.3 If Agency -owned or City -owned meeting spaces or conference facilities are developed on the Site which are generally available for public use, Agency agrees that it shall cause, subject to applicable law and any restrictions or limitations reasonably required for bond or other financing for acquisition and development of the meeting spaces or conference facilities, the operator of such spaces/facilities to permit the La Quinta Resort to have access to use such spaces/facilities on the same basis and subject to the same rules, regulations, and pricing as any other private commercial user in the City. 2. Condition Precedent. This Agreement shall not be effective unless and until the escrow described in the Purchase Agreement has closed with fee title to the Property having been conveyed to the Agency in accordance with the terms of the Purchase Agreement by recordation, in the official records of Riverside County, of the grant deed in the form attached as an exhibit to the Purchase Agreement ("Grant Deed"). If the Grant Deed is recorded, (i) the date of recordation of the Grant Deed shall be the "Effective Date" of this Agreement, and (ii) any party hereto shall be permitted to prepare and sign, and require the other parties to sign, an Addendum to this Agreement in the form of Exhibit `B" hereto and incorporated herein, that confirms the date of recordation of the Grant Deed. ' 394/015610-0048 268916.10 a04/26/02 2 a 3. Expiration of Agreement. 3.1 Notwithstanding anything in this Agreement, the Option Agreement, the Purchase Agreement, or any other agreement, to the contrary, should this Agreement become effective pursuant to Section 2 above, this Agreement and all of its terms, provisions, rights, and obligations shall automatically expire without notice, and shall be of no force or effect, as of the earlier of (i) the "Automatic Outside Expiration Date" (as defined below) or (ii) the "Automatic Earlier Expiration Date" (as defined below). As used herein: (1) the term Automatic Outside Expiration Date means the date that is seven (7) years from the Effective Date, and 1 (2) the term Automatic Earlier Expiration Date means the date prior to the Automatic Outside Expiration Date that any of the events set forth in the following clauses (a) or (b) first occurs: (a) either Benefited Party sells, transfers, or assigns, one or more times and from time to time, in the aggregate, a controlling interest in said Benefited Party to an unrelated third party; or (b) either Benefited Party sells, transfers, or assigns fee title to the real property upon which the La Quinta Resort is situated to an unrelated third party. Additionally, as used in this clause (2), the term (A) an "unrelated third party" means a person, firm, or entity, including but not limited to a sole proprietorship, general or limited partnership, limited liability company, or corporation, whose controlling or managing general partner(s), managing member, or majority shareholder(s) are not the principals who own the majority of shares of that Benefited Party as of the Reference Date of this Agreement, and (B) a "controlling interest" shall mean an ownership (or other equitable interest) in an entity which, in the aggregate, gives the owner (or holder of the equitable interest) thereof the right to control the management or policies of that entity. 3.2 If either Benefited Party makes a sale, transfer, or assignment as set forth in Section 3.1(2) above, that Benefited Party shall immediately provide written notice to Agency of that transfer or assignment. 3.3 Upon the expiration or termination of this Agreement, KSL and Desert Resorts, at the written request of Agency, shall sign and deliver a quitclaim deed in a form reasonably required by a reputable title company, releasing all rights and interests in and to this Agreement. ' 4. Representation and Warranty Concerning No Recordation. Each party hereto represents and warrants to the other that it shall not record this Agreement. ' 5. No Reliance on Other Agreements. No party hereto nor any agents nor any related entities have made any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and each party expressly states it does not rely upon any statement, ' representation or promise of any other party or any party's agent or related entities in executing this Agreement, except as is expressly stated in this Agreement. Each party to this Agreement has made such investigation of the facts and law pertaining to this Agreement, and of all other matters pertaining thereto, as it deems necessary, and has consulted with legal counsel concerning these ' matters and all of the terms of this Agreement, or has knowingly and voluntarily waived its right consult legal counsel of its choice concerning this Agreement of the terms hereof. ' 394/015610-0048 3 268916.10 a04/26/02 QQ 0 89 6. Severability. In the event any term, covenant, condition, or provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue in full force and effect. 7. Amendment; Waiver. This Agreement may be amended, only by written instrument approved and signed by all of the parties hereto. The waiver by one party of the performance by any other party of any provision of this Agreement shall not invalidate this Agreement, nor shall it be considered as a waiver of any subsequent breach of the same or other provisions of this Agreement. Any waiver provided by KSL or Desert Resorts shall be deemed a waiver provided by both KSL and Desert Resorts. 8. 1 Default; Remedies. If any party hereto fails to timely perform any term or provision of this Agreement which it is obligated to perform, such party shall be in default of this Agreement; provided, however, the party shall not be deemed to be in default if (i) such party cures, corrects, or remedies such default within thirty (30) days after receipt of written notice from either of the other parties specifying such failure, or (ii) for such defaults that cannot reasonably be cured, corrected, or remedied within thirty (30) days, if such party commences to cure, correct, or remedy such failure within thirty (30) days after receipt of written notice specifying such failure and thereafter diligently prosecutes such cure, correction, or remedy to completion. If a default of a party or its respective successors or assigns, if applicable, is not timely cured, corrected, or remedied, the remedy for an uncured default by the defaulting party or its respective successors or assigns, if applicable, notwithstanding anything in this Agreement to the contrary, shall be limited to equitable remedies subject to, and to the extent permitted by, California law. In no event shall there be any entitlement, under this Agreement, to recover damages from any defaulting party and its respective successors or assigns for a default of this Agreement, and such limitation shall specifically preclude all the parties to this Agreement or their respective successors or assigns, if applicable, from recovering from one another or their successors or assigns any monetary, consequential, or economic damages of any kind or nature for a defaulting party's default of this Agreement. 9. Attorney's Fees; Litigation Matters. In any action between or among the parties hereto concerning this Agreement, the prevailing party in the action shall be entitled to recover its costs and expenses including without limitation, litigation costs, expert witness fees, court costs, and attorney's fees as specified by the court, in addition to whatever other relief the court may grant. Any litigation between the parties hereto concerning this Agreement shall be filed and maintained in the Superior Court of the State of California in and for the County of Riverside or in such other appropriate court in said county. Service of process on KSL and Desert Resorts shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. Service of process on Agency shall be made in accordance with California law. ' 10. Governing Law. The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the internal laws of the State of California without regard to any applicable conflicts of law principles. ' 11. No Third Party Beneficiaries. No person or entity shall be a third party beneficiary, express or implied, of the terms of this Agreement. a ' 394/015610-0048 4 268916.10 a04/26/02 090 12. Notices. All notices and communications between the parties hereto required under this IAgreement or by law shall be (i) personally delivered, (ii) delivered by reputable same -day or overnight courier service, by facsimile transmission, provided the original is delivered by one of the other means approved herein, or (iii) sent by United States mail, prepaid, certified, return receipt ' requested. All notices personally delivered, delivered by courier, or by fax (in accordance with the terms hereof) shall be deemed effective upon receipt; mailed notices shall be deemed effective at Noon on the third business day following dispatch. A "business day" as used herein shall mean any ' day that is not a Saturday, Sunday, or any other day that La Quinta City Hall is closed to. the public. Notices delivered by Agency to KSL or Desert Resorts shall be deemed notice delivered to both ' KSL and Desert Resorts. Notice shall be directed as follows (a party hereto may change the addresses by notice to the other party in accordance herewith): ' If to KSL and/or Desert Resorts: KSL Land Holdings 50-905 Avenida Bermudas La Quinta, CA 92253 Attn: Mr. Chevis Hosea ' Fax: (760) 564-8190 ' With copy to: KSL Land Holdings 50-905 Avenida Bermudas La Quinta, CA 92253 ' Attn: Legal Dept. Fax: (760) 564-8003 ' If to the Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 ' Attn: Executive Director Fax: (760) 777- 7101 ' With copy to: Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 ' Attn: M. Katherine Jenson, Esq. Fax: (714) 546-9035 ' 13. Nonliability of A.ency Officers. The officers, officials, members, employees, agents, and representatives of the Agency shall not be personally liable for any default or damages arising out of this Agreement. ' 14. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous negotiations, agreements, and understandings, oral or written, between the parties, and no party has relied upon any warranty or representation not contained in this Agreement. ' 3941015610-0048 5 268916.10 a04/26/02 y 091 15. Successors and Assigns. During the term of this Agreement, the terms and conditions of this Agreement shall be binding on the successors and assigns of the Agency. During the term of this Agreement, the terms and conditions of this Agreement shall be binding on the successors and assigns of KSL and Desert Resorts, provided that any such assignment has not triggered the Automatic Earlier Expiration Date as set forth in Section 3.1(2) above. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all the parties hereto. [end — signature page follows] 394/015610-0048 6 268916.10 a04/26/02 1 j C) 092 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Reference Date set forth hereinabove. ATTEST:" Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Agency Counsel ' 394/015610-0048 268916.10 a04/26/02 7 "KSL KSL LAND HOLDINGS, INC. By: Printed Name: Its: `DESERT RESORTS" By: Printed Name: Its: "AGENCY" LA QUINTA REDEVELOPMENT AGENCY By: Thomas Genovese Executive Director 110 093 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE [SEE FOLLOWING PAGES] ' 394/015610-0048 268916.10 a04/26/02 imi I LEGAL DESCRIPTION OF THE REAL PROPERTY THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6., AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6 WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID CENTERLINE, NORTH 89°55'34" EAST, 633.19 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 0°06' 19" WEST, 55.00 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTHERLY OF SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: NORTH 89055'34" EAST, 1075.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46043'49" AND AN ARC DISTANCE OF 1586.34 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2055.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 46039'23" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047'58" AND AN ARC DISTANCE OF 1678.53 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52, NORTH 89051'25" EAST, 859.04 FEET; THENCE NORTH 0008'35" WEST, 3.00 FEET; THENCE PARALLEL TO AND 52.00 FEET SOUTH OF SAID NORTH LINE, NORTH 89051'25" EAST, 155.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15009'25" AND AN ARC DISTANCE OF 76.98 FEET; THENCE PARALLEL TO AND 60.00 FEET SOUTH OF SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: SOUTH 89051'25" WEST, 1081.86 FEET TO THE BEGINNING OF A TANGENT CURVE ' CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047'58" ' AND AN ARC DISTANCE OF 1682.62 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 46039'23" WEST; THENCE ' 394/015610-0048 268916.10 a04/26/02 2 095 NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46043'49" AND AN ARC DISTANCE OF 1582.26 FEET; THENCE SOUTH 89°55'34" WEST, 1708.65 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH 0°04' 16" EAST, 60.00 FEET TO THE POINT OF BEGINNING. PARCEL A CONTAINS 1.506 ACRES, MORE OR LESS. ' PARCEL B THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, ' TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52, SOUTH 89051'25" WEST, 60.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2°12'44" EAST, 235.55 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 171.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72046'26" AND AN ARC DISTANCE OF 217.20 FEET; THENCE NORTH 74°59' 10" WEST, 55.07 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15009'25" AND AN ARC DISTANCE OF 76.98 FEET; THENCE PARALLEL TO AND 52.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89°51'25" WEST, 155.06 FEET; THENCE SOUTH 0°08'35" EAST, 3.00 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89051'25" WEST, 859.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2055.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13017'09" AND AN ARC DISTANCE OF 476.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID NORTH LINE, NORTH 89051'25" EAST, 1733.26 FEET TO THE POINT OF BEGINNING. PARCEL B CONTAINS 2.173 ACRES, MORE OR LESS. �1 394/015610-0048 3 1 ' 268916.10 a04/26/02 096 PARCEL C ' THAT PORTION OF THE.EAST HALF OF THE NORTHEAST QUARTER OF SECTION 8, AND THE WEST HALF OF THE WEST HALF OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS ' FOLLOWS: ' BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 5267.69 - FEET TO THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN ' BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID SECTION 9, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89050'56" WEST, 65.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WESTERLY OF THE CENTERLINE OF ' JEFFERSON STREET, NORTH 2°12'44" WEST, 297.88 FEET; THENCE NORTH 1°23'37" WEST, 350.04 FEET; THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH 2°12'44" WEST, 3166.69 FEET TO A POINT ' ON THE SOUTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY, NORTH 89053' 14" EAST, 30.02 FEET; THENCE PARALLEL TO AND 30.00 FEET WESTERLY OF THE CENTERLINE OF ' JEFFERSON STREET, NORTH 2°12'44" WEST, 130.09 FEET TO THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL; THENCE ALONG SAID NORTHERLY RIGHT OF WAY, SOUTH 89°53' 14" WEST, 30.02 FEET; THENCE PARALLEL TO AND 60.00 FEET ' WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH 2012'44" WEST, 1322.87 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID NORTH LINE, NORTH 89°51'25" ' EAST, 60.04 FEET TO THE POINT OF BEGINNING. PARCEL C CONTAINS 7.220 ACRES, MORE OR LESS. ' PARCEL D ' THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 8, AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY ' DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, ' RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID SECTION 9, . SOUTH 89°50'56" WEST, 65.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°50'56" WEST, 132.94 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89°59'23" WEST, 2647.64 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, SOUTH 89°33'59" WEST, 48.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF ' 394/015610-0048 y 268916.10 a04/26/02 4 1 1 097 I I 48.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89°33'59" WEST; THENCE LEAVING SAID SOUTH LINE, AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 105027'16" AND AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 74058'44" EAST, 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15000'38" AND AN ARC DISTANCE OF 26.20 FEET; THENCE PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89059'23" EAST, 2514.64 FEET; THENCE NORTH 83002'52" EAST, 151.56 FEET; THENCE NORTH 44058'49" EAST, 36.66 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 74.00 FEET TO THE POINT OF BEGINNING. PARCEL D CONTAINS 2.024 ACRES, MORE OR LESS. PARCEL 2 THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, AND SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6 WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID WEST LINE, SOUTH 0°04' 16" ' WEST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52 THE FOLLOWING FOUR (4) COURSES: d d I NORTH 89055'34" EAST, 1708.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46043'49" AND AN ARC DISTANCE OF 1582.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 46039'23" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047'58" AND AN ARC DISTANCE OF 1682.62 FEET; THENCE NORTH 89°51'25" EAST, 767.06 FEET; THENCE SOUTH 41015'00" EAST, 787.18 FEET; THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 669.32 FEET TO THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANCEL; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL THE FOLLOWING SEVEN (7) COURSES: ' 394/01,610-0048 26891:10 a04/26/02 SOUTH 89053' 14" WEST, 2633.43 FEET; THENCE SOUTH 0°00'06" EAST, 1320.62 FEET; THENCE SOUTH 89055'03" WEST, 20.00 FEET; THENCE SOUTH 0000'06" EAST, 420.29 ' FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 796.20 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28030'00" AND AN ARC DISTANCE OF 396.05 FEET; ' THENCE SOUTH 28030'06" EAST, 74.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 636.20 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ' 11002'55" AND AN ARC DISTANCE OF 122.68 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 60°30'00" WEST, 59.57 ' FEET- THENCE NORTH 74000'00" WEST, 188.00 FEET; THENCE NORTH 35°10'00" WEST, 68.0WFEET; THENCE NORTH 40°35'00" WEST, 111.50 FEET; THENCE NORTH 40°50'00" West, 115.50 FEET; THENCE NORTH 75035'00" WEST, 93.50 FEET; THENCE NORTH ' 36040'00" WEST, 162.50 FEET; THENCE NORTH 19035'00" EAST, 61.50 FEET; THENCE NORTH 36000'00" WEST, 172.50 FEET; THENCE NORTH 45015'00" WEST, 214.00 FEET; THENCE NORTH 43010'00" WEST, 173.00 FEET; THENCE NORTH 45025'00" WEST, 146.00 ' FEET; THENCE NORTH 13°55'00" WEST, 198.50 FEET; THENCE SOUTH 82000'00" WEST, 182.00 FEET; THENCE NORTH 58015'00" WEST, 187.50 FEET; THENCE NORTH 46°00'00" WEST, 180.50 FEET; THENCE NORTH 31050'00" WEST, 108.00 FEET; THENCE NORTH ' 5055'00" WEST, 209.00 FEET; THENCE NORTH 10020'00" EAST, 180.50 FEET; THENCE NORTH 4040'00" EAST, 111.00 FEET; THENCE NORTH 2040'00" WEST, 88.50 FEET; THENCE NORTH 14000'00" WEST, 202.00 FEET; THENCE NORTH 64040'00" WEST, 186.00 FEET; THENCE NORTH 67050'00" WEST, 187.00 FEET; THENCE SOUTH 76°55'00" WEST, 124.00 FEET; THENCE SOUTH 37010'00" WEST, 122.00 FEET; THENCE SOUTH 88020'00" WEST, 75.50 FEET; THENCE NORTH 88020'00" WEST, 75.00 FEET TO THE BEGINNING OF ' A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72025'00" AND AN ARC DISTANCE OF 88.47 FEET; THENCE NORTH 63°25'00" WEST, ' 59.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 135.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77030'00" AND AN ARC DISTANCE OF 182.61 ' FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 47.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 75050'00" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A ' CENTRAL ANGLE OF 105045'00" AND AN ARC DISTANCE OF 86.75 FEET; THENCE SOUTH 88020'00" WEST, 75.50 FEET; THENCE NORTH 72020'00" WEST, 64.00 FEET; THENCE SOUTH 89050'00" WEST, 88.50 FEET; THENCE NORTH 48010'00" WEST, 89.50 ' FEET; THENCE NORTH 38035'00" WEST, 230.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE ' OF 97045'00" AND AN ARC DISTANCE OF 153.55 FEET; THENCE NORTH 8°05'00" EAST, 116.00 FEET; THENCE NORTH 7005'00" WEST, 293.00 FEET; THENCE NORTH 45°45'00" WEST, 143.00 FEET; THENCE NORTH 53°25'00" WEST, 284.00 FEET TO A POINT ON THE ' WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST ' 394/015610-0048 6 268916.10 a04/26/02 11��099 QUARTER SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH 0°04' 16" EAST, 1068.43 FEET TO THE POINT OF BEGINNING. PARCEL 2 CONTAINS 292.135 ACRES, MORE OR LESS. PARCEL 3 THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, THE SOUTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 8; AND THE WEST HALF OF THE WEST HALF OF SECTION 9; TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, I RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID SECTION 9, SOUTH 89°50'56" WEST, 65.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH 2012'44" ' WEST, 74.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 44°58'49" WEST, 36.66 FEET; THENCE SOUTH 83°02'52" WEST, 151.65 FEET; THENCE PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF ' SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89059'23" WEST, 2514.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE ' NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15000'38" AND AN ARC DISTANCE OF 26.20 FEET; THENCE NORTH 74058'44" WEST, 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND I HAVING A RADIUS OF 48.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 105027' 16" AND AN ARC DISTANCE OF 88.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8; ' THENCE ALONG SAID SOUTH LINE, SOUTH 89°33'59" WEST, 414.84 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE ALL AMERICAN CANCEL, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE ' SOUTHEASTERLY AND HAVING A RADIUS OF 1372.40 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 56056'06" WEST; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL, THE ' FOLLOWING TWELVE (12) COURSES: NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °34'00" ' AND AN ARC DISTANCE OF 37.53 FEET; THENCE NORTH 34037'54" EAST, 814.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1492.40 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE ' THROUGH A CENTRAL ANGLE OF 6024'00" AND AN ARC DISTANCE OF 166.70 FEET; THENCE NORTH 28013'54" EAST, 272.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET; THENCE ' NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56044'00" AND AN ARC DISTANCE OF 768.58 FEET; THENCE NORTH 28°30'06" WEST, 74.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A t 394/015610-0048 268916.10 a04/26/02 7 I too RADIUS OF 656.20 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28030'00" AND AN ARC DISTANCE OF 326.41 FEET; THENCE NORTH 0000'06" WEST, 420.48 FEET; THENCE SOUTH 89°55'03" WEST, 10.00 FEET; THENCE NORTH 0000'06" WEST, 954.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 236.48 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89053'20" AND AN ARC DISTANCE OF 371.00 FEET; THENCE NORTH 89053' 14" EAST, 2292.43 FEET; THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE- OF JEFFERSON STREET, SOUTH 2012'44" EAST, 3166.69 FEET; THENCE SOUTH 1023'37" EASLFFERSON 350.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE CENTERLINE OF STREET, SOUTH 2°12'44" EAST, 223.88 FEET TO THE POINT OF BEGINNING. PARCEL 3 CONTAINS 226.610 ACRES, MORE OR LESS. PARCEL4 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG THE NORTH LINE OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 52, SOUTH 89051'25" WEST, 60.04 FEET; THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 235.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 2°12'44" EAST, 418.00 FEET; THENCE NORTH 41 ° 15'00" WEST, 787.18 FEET; THENCE PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52, NORTH 89051'25" EAST, 314.80 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 13°19'22" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °41'28" AND AN ARC DISTANCE OF 8.59 FEET; THENCE SOUTH 74059' 10" EAST, 55.07 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72046'26" AND AN ARC DISTANCE OF 217.20 FEET TO THE POINT OF BEGINNING. PARCEL 4 CONTAINS 3.207 ACRES, MORE OR LESS. ' 394/015610-0048 268916.10 a04/26/02 d H. 394/015610-0048 268916.10 a04/26/02 EXHIBIT "B" FORM OF ADDENDUM [SEE FOLLOWING PAGES] 1 102 ADDENDUM TO ADDITIONAL AGREEMENT ' THIS ADDENDUM TO ADDITIONAL AGREEMENT ("Addendum") is made and entered into this day of , 2002, by and among LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), KSL LAND HOLDINGS, INC., a ' Delaware corporation ("KSL"), and KSL DESERT RESORTS, INC., a Delaware corporation ("Desert Resorts"). IA. Agency, KSL, and Desert Resorts entered into that certain Additional Agreement, with the Reference Date of 12002. B. Pursuant to Section 2 of the Additional Agreement, any of the parties may cause the execution of this Addendum to confirm the date of recordation of the Grant Deed as referred to therein. C. The parties hereby confirm that the date of recordation of the Grant Deed as referred to in Section 2 of the Additional Agreement is 92002. D. This Addendum may be executed in counterparts, each of which, when all parties hereto have signed this Addendum, shall constitute an original. ' 3941015610-0048 268916.10 a04/26/02 [end — signature page follows] 1 103 ATTACHMENT 3 34. Confidentiality. Buyer and Seller agree and acknowledge that some of the information, documents and materials (collectively, "Information") provided to or made available to Buyer by Seller or to Buyer's agents is proprietary and confidential in nature and will be delivered to or made available to Buyer solely in connection with Buyer's purchase of the Property. Buyer agrees not to disclose any of such confidential Information or any of the provisions, terms or conditions thereof, to any person; provided that Buyer shall have the right to disclose such Information with respect to the Property and this Agreement to Buyer's consultants, attorneys or accountants employed by Buyer to review such Information, provided that prior to any disclosure of such Information to any of Buyer's consultants, attorneys, accountants, Buyer shall advise such parties, to keep any such Information confidential and to otherwise comply with the terms and conditions of this Section 34. Notwithstanding the foregoing, Seller hereby acknowledges and agrees that, Buyer is subject to, among others, the California Public Records Act (California Government Code Section 6250 et seq.) (the "Public Records Act") and, in order to facilitate Buyer's compliance with this Section 34, to the extent that Seller contemplates that any Information is confidential, Seller shall clearly mark the confidential document(s) with a "confidential" mark. All Information, whether marked confidential or not, may also be disclosed as required by applicable law, including, without limitation, the Public Records Act, or as is reasonably necessary in the event of litigation between Buyer and Seller, or as reasonably necessary for either party to pursue necessary governmental permits and approvals. Buyer shall immediately return all of the Information, including copies thereof which were provided to or made by Buyer, and without any representation or warranty, all copies of any studies, reports or test results obtained by Buyer in connection with its inspection of the Property, on the first to occur of (a) such time as Buyer determines that it shall not acquire the Property, or (b) such time as this Agreement shall terminate for any reason. 35. Event of Force Maieure. As used in this Agreement and, if applicable, the Purchase Agreement, an "Event of Force Majeure" shall mean and refer to any cause that is beyond the control and without the fault of Seller, Seller Parties, Buyer, Buyer Parties, and/or the City of La Quinta, including, without limitation, acts of God, inclement weather, earthquakes, fires, casualties, labor or materials shortages, civil commotion, strike, war, acts of civil or military authorities or the public enemy, governmental delays or moratoria. 36. Seller's and KSL Desert Resort's Indemnity Concerning the PGA Agreements. This Section 36 is made in reference to (i) that certain Agreement dated March 5, 1984, by and between The Professional Golfers' Association of America ("PGA") and LML Development Corp. of California ("LML"), as amended by that certain letter agreement dated May 28, 1993 (together, the "1984 Agreement"), and (ii) that certain Agreement dated January 10, 1985, by and between PGA Tour, Inc., a Maryland corporation ("Tour") and Landmark Land Company of California, Inc., a Delaware corporation ("Landmark"), as amended by that certain letter agreement dated May 28, 1993 (together, the "1985 Agreement"). The 1984 Agreement and the 1985 Agreement may hereinafter be referred to together as the "PGA Agreements". KSL Desert Resorts, an affiliate of Seller, is successor in interest by assignment to LML (under the 615/015610-0048 270736.12 PM02 _ 1 8 1' n e 4 1984 Agreement) and Landmark (under the 1985 Agreement). With respect to the PGA Agreements, Seller, Buyer and KSL Desert Resorts hereby agree as follows: (a) No Assignment or Assumption. The parties do not intend that any of the rights or obligations set forth in the PGA Agreements be assigned to or assumed by Buyer. Nothing set forth in this Purchase Agreement, or in any of the closing documents relating to the transaction contemplated hereby, shall be construed to constitute an assignment to or assumption by Buyer of any of the rights or obligations of either of the PGA Agreements. (b) Inapplicability of the PGA Agreements. Seller and KSL Desert Resorts hereby represent and warrant to Buyer that the 1984 Agreement, which is missing Exhibit "A" thereto, has no application or effect on the Property inasmuch as the 1984 Agreement never encompassed the Property. Seller and KSL Desert Resorts further represent and warrant that neither the 1984 Agreement nor the 1985 Agreement will apply to the Property once it transferred to Buyer, since Buyer has no authorization to utilize the trademark or service mark rights covered by the PGA Agreements. (c) Indemnity. Seller and KSL Desert Resorts hereby irrevocably and unconditionally agree to defend, indemnify, and hold harmless Buyer, the Buyer Parties (as defined in Section 6 above), subsequent purchasers, successors in interest, lenders, bond holders, underwriters, attorneys, bond counsel, tax counsel, bond insurers, and golf course operators (collectively, the "Indemnified Parties") from any and all claims, demands, actions, judgment liens, costs, bond redemption costs, expenses, liabilities, encumbrances, damages, or legal proceedings (with counsel selected by the Indemnified Parties), which arise out of, relate to, or in any way involve either or both of the PGA Agreements. This obligation extends not only to third party claims against the Indemnified Parties, but also to injuries and losses suffered by the Indemnified Parties which arise out of, relate to, or in any way involve either or both of the PGA Agreements. (d) Bonds. Upon the Close of Escrow, Seller and KSL Desert Resorts shall deliver to Buyer a bond or letter of credit (the "Security") in a form and from an institution reasonably acceptable to Buyer, in the amount of $ , which Security shall not terminate before January 1, 2008, and shall evidence (to Buyer's satisfaction) that sufficient funds are available to pay the cost of complying with the provisions of this Section 36. Notwithstanding the provision for the amount of the Security, the obligations set forth in Section 36(c) shall be unlimited in amount. (e) Joint and Several Liability. The indemnity obligations of Seller and KSL Desert Resorts set forth in this Section 36 are joint and several. (f) Survival. The terms, conditions, and obligations set forth in this Section 36 shall expressly survive the Closing and shall not merge therein. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.] r� 615/015610-0048 -19- v 10 270736.12 PM02 ATTACHMENT #4 STATE OF CALIFORNIA i Governor's Office of Planning anResearch h L State ClearinghouseGray Tal Finney GOVERNOR May 6, 2002 INTERIM DIRECTOR Jerry Herman �O ""£G City of La Quinta r10 PO Box 1504 78-495 Calle Tampico G La Quinta, CA 92253 Subject: The Ranch SCH#: 1999081020 Dear Jerry Herman: _ The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on May 3, 2002, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, IE"��"` Terry Roberts Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 www.opr.ca.gov M 10A Document Details Report State Clearinghouse Data Base SCH# 1999081020 Project Title The Ranch Lead Agency La Quinta, City of Type Neg Negative Declaration Description Inclues two 18-hole public golf courses with a 25,000 square foot clubhouse as well as a 9-hole public golf course providing a junior golf program. The proposed resort uses would include a 250-room hotel with a 10,000 square foot conference center, 300 Timeshare units, fractional or condo hotel units (Timeshare) and 25,000 square feet of ancillary commercial uses. The City of La Quinta Redevelopment Agency is proposing to acquire the Project Site at this time. Subsequent discretionary actions required to develop the site include adoption of a Specific Plan as required for development of an area designated for Tourist Commerical uses by the General Plan, a zone change to make the zoning designations consistent with the land use designations, a Conditional Use Permit for the 300 Timeshare units, a Site Development Permit and a Tentative Tract Map to subdivide,the site to accommodate the proposed uses. Additional design features to be incorporated into the project include passive park space, trails, and view corridors. The existing Pelz short game golf school may remain. No development would occur on the 182 acres of the Coral Reef. Mountains on the western portion of the Project Site. Lead Agency Contact Name Jerry Herman Agency City of La Quanta Phone 619.777-7125 Fax email Address PO Box 1504 78-495 Calle Tampico City La Quinta State CA Zip 92253 Project Location County Riverside City La Quinta Region Cross Streets Jefferson Avenue/ Avenue 52 Parcel No. Township Range Section Base Proximity to: Highways 111 Airports. Railways Waterways Whitewater River, Coachella Canal Schools La Quinta H.S. Land Use The La Quinta General Plan Land Use designations for the site are Tourist Commercial (TC), Golf course (G) and open Space with a Hillside Overlay (OS). The Zoning Code designations for the site are Low Density Residential (RL), and Commercial Office (CO). Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Drainage/Absorption; Flood Plain/Flooding; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Schools/Universities; Sewer Capacity; Solid Waste; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetiand/Riparian; Wildlife; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Conservation; Department of Fish and Game, Region 6; Office of Agencies Historic Preservation; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 8; State Water Resources Control Board, Division of Water Quality; Regional Water Quality Control Board, Region 7; Native American Heritage Commission; State Lands Commission 107 Document Details Report State Clearinghouse Data Base Date Received 04/03/2002 Start of Review 04/03/2002 End of Review 05/03/2002 n C13 AVENUE 50 D Cn 2 z O z m m M DO mi O z cn M m I - I ------ - AVENUE 52 GIt I TC Coachella TIC r i TIC "e-,+ is 1 ! y i � --------------- / ' I''`— -" "" ""—"" AVENUE 54 iUi i!� •.t i L � rsr LEGEND` .- �..i t • r � l � t Area Proposed for Development ?v T� Tourist Commercial D—, Golf Course �GSJ Open Space VIII-IA- Hillside Overlay j•• Project Boundary SOURCE: C'iry• t f L<t Quinta Grnrrn! Plan, Exhibit 2.1 City of La Quinla General Plan (Recommended), March 20, 2002. NOT TO SCALE L •' FIGURES 36. PGA Agreements. This Section 36 is made in reference to (i) that certain Agreement dated March 5, 1984, by and between The Professional Golfers' Association of America ("PGA") and LML Development Corp. of California ("LML"), as amended by that certain letter agreement dated May 28, 1993 (together, the "1984 Agreement"), and (ii) that certain Agreement dated January 10, 1985, by and between PGA Tour, Inc., a Maryland corporation ("Tour") and Landmark Land Company of California, Inc., a Delaware corporation ("Landmark"), as amended by that certain letter agreement dated May 28, 1993 (together, the "1985 Agreement"). The 1984 Agreement and the 1985 Agreement may hereinafter be referred to together as the "PGA Agreements". KSL Desert Resorts, an affiliate of Seller, is successor in interest by assignment to LML (under the 1984 Agreement) and Landmark (under the 1985 Agreement). With respect to the PGA Agreements, Seller, Buyer and KSL Desert Resorts hereby agree as follows: (a) No Assignment or Assumption. The parties do not intend that any of the rights or obligations set forth in the PGA Agreements be assigned to or assumed by Buyer. Nothing set forth in this Purchase Agreement, or in any of the closing documents relating to the transaction contemplated hereby, shall be construed to constitute an assignment to or assumption by Buyer of any of the rights or obligations of either of the PGA Agreements. Buyer expressly acknowledges that it and its successors and assigns have no authorization to utilize the trademark or service mark rights pursuant to the PGA Agreement and any and all rights and obligations under the PGA Agreements shall remain with KSL Desert Resorts. (b) Indemnity. Seller and KSL Desert Resorts hereby irrevocably and unconditionally agree to defend, indemnify, and hold harmless Buyer, the Buyer Parties (as defined in Section 6 above), subsequent purchasers, successors in interest, lenders, (provided any such subsequent purchasers, successors in interest and/or lenders obtain the PGA Agreements Endorsement subject to the Title Company honoring its agreement to issue such Endorsement to such subsequent purchasers, successors in interest and/or lenders, as described in Section 36(c) below) bond holders, underwriters, attorneys, bond counsel, tax counsel, bond insurers, and golf course operators (collectively, the "Indemnified Parties") from any and all claims, demands, actions, judgment liens, costs, bond redemption costs, expenses, liabilities, encumbrances, damages, or legal proceedings (with counsel reasonably acceptable to the Indemnified Parties), which arise out of the enforcement or the attempted enforcement of either or both of the PGA Agreements by the PGA and/or the Tour. This obligation extends not only to third party claims against the Indemnified Parties, but also to injuries and losses suffered by the Indemnified Parties which arise out of the enforcement or attempted enforcement of either or both of the PGA Agreements by the PGA and/or the Tour. (c) Title Policy Endorsement. In connection with the Title Company's commitment to issue to Buyer, Buyer's Title Policy, the Title Company has agreed to issue an endorsement, a copy of which is attached hereto as Exhibit "H" and by this reference made a part hereof (the "PGA Agreements Endorsement"). In the event of an enforcement or an attempted enforcement of either or both of the PGA Agreements by the PGA and/or the Tour which is covered by the PGA Agreements Endorsement, Buyer agrees to promptly tender the matter to the KSLRanchCitylnde=ity3 5/15/02 13 0 Title Company and to pursue Buyer's rights against the Title Company, with all reasonable non - litigation diligence, prior to pursuing the rights contained in Section 36(b) against Seller and/or KSL Desert Resorts. Buyer shall not be required under this provision to pursue litigation against the Title Company prior to enforcing its rights under Section 36(b) against Seller and/or KSL Desert Resorts. Buyer shall promptly notify Seller and KSL Desert Resorts of (i) any attempt by the PGA and/or the Tour to enforce either or both of the PGA Agreements and (ii) Buyer's tender to the Title Company of any such attempted enforcement by the PGA and/or the Tour. (d) Bonds. Upon the Close of Escrow, Seller and KSL Desert Resorts shall deliver to Buyer a bond (the "Security") in a form and from an institution reasonably acceptable to Buyer, in the amount of $500,000, which Security Seller and KSL Desert Resorts shall cause to remain in effect until January 1, 2008, and shall evidence (to Buyer's reasonable satisfaction) that in the event Seller and KSL Desert Resorts fail to comply with Seller's and KSL Desert Resort's financial obligations under the provisions of this Section 36 that the Surety under such Security shall endeavor to comply with Seller's and KSL Desert Resort's financial obligations under the provisions of this Section 36. Notwithstanding the provision for the amount of the Security, the obligations set forth in Section 36(b) shall not be limited. (e) Joint and Several Liability. The indemnity obligations of Seller and KSL Desert Resorts set forth in this Section 36 are joint and several. (f) Survival. The terms, conditions, and obligations set forth in this Section 36 shall expressly survive the Closing and shall not merge therein. KSLRanchCitylndemnity3 5/15/02 ` " ENDORSEMENT ATTACHED TO POLICY NO. SAMPLE ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY THE COMPANY HEREBY INSURES THE INSURED AGAINST LOSS, DAMAGES, AND CLAIMS INCLUDING, WITHOUT LIMITATION, COSTS, ATTORNEYS' FEES AND EXPENSES, WHICH SAID INSURED SHALL SUSTAIN AS A RESULT OF THE ENFORCEMENT OR ATTEMPTED ENFORCEMENT OF THE PROVISIONS OF (1) THAT CERTAIN UNRECORDED AGREEMENT BY AND BETWEEN THE PROFESSIONAL GOLFERS' ASSOCIATION (PGA) AND LML DEVELOPMENT CORP. OF CALIFORNIA, PREDECESSOR IN INTEREST TO KSL LAND HOLDINGS, INC., A DELAWARE CORPORATION (KSL), AND (2) THAT CERTAIN UNRECORDED AGREEMENT BY AND BETWEEN PGA TOUR, INC. (PGA TOUR) AND LANDMARK LAND COMPNAY OF CALIFORNIA, INC., PREDECESSOR IN INTEREST TO KSL, AS DESCRIBED IN SCHEDULE ONE ATTACHED HERETO AND MADE A PART HEREOF, INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF FIRST REFUSAL, SUCCESSOR LIABILITY FOR RESIDENTIAL SALES FEES DUE TO PGA AND/OR PGA TOUR, RIGHTS OF USE, MEMBERSHIP AND PLAY DISCOUNTS, AND/OR RIGHTS IN AND TO GOLF FACILITES CONSTRUCTED OR TO BE CONSTRUCTED ON THE SUBJECT PROPERTY. THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDORSEMENTS THEREIN SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE AMOUNT OF SAID POLICY AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CONDITIONS AND STIPULATIONS THEREOF TO PAY. THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS MODIFIED BY THE PROVISIONS HEREOF. DATED: SAMPLE FIDELITY NATIONAL TITLE INSURANCE COMPANY Im AUTHORIZED SIGNATURE ALTA OR CLTA - SPECIAL SCHEDULE ONE 1. Agreement dated March 5, 1984 by and between The Professional Golfers' Association of America and LML Development Corp. of California, as modified by that certain letter agreement dated May 28, 1993 by and among Landmark Land Company of California, Inc. (successor in interest to LML Development Corp. of California), Resolution Trust Corporation, as conservator for Oak Tree Federal Savings Bank, and The PGA Professional Golfers' Association of America. 2. Agreement dated January 10, 1985 by and between PGA Tour, Inc. and Landmark Land Company of California, Inc., as modified by that certain letter agreement dated May 28, 1993 by and among Landmark Land Company of California, Inc., Resolution Trust Corporation, as conservator for Oak Tree Federal Savings Bank, and PGA Tour, Inc. 13 c� 0 0 0'0 (D p C' 0. m m Q' o C n r `O CD E- ° 7r q° c< �. a Z o 0 an �' t7eD CD M n o O X Lf G O 7 O p» ocn G C a' (D o G �' .•: ID ., �' O OG py n 0 o tD OQ O � O A M n �. 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LOT 2 TRACT O.24317-3 ME 228/47-48 LOT 1 / LOT lE —� TRACT NO. 21640 ME 172/64-44 EXISTING MAINTENANCE FACILITY '\- RESIDENTIAL LOTS -ko� NORTHERLY oOO UUU ��� LIST OFCEXISTI G\\\\ O R s E 79-799 Old Avenue S2 la Quirda, CA92253 a as Voice:760-771-4013 N U L T i FAX: 760-771-4073 PLANNERS ENGINEERS SURVEYORS P` LAND S J. eF GPG ct c _ 70 L.S. 6588 * Exp. 12-31-03 '�` PREPARED UNDER THE SUPERVISION OF: ��qTF OF CAQFO��\P 14 —Nw-,o � " S l Y al CHRIS J. BER , L.S. 88 A I:\41378\MAPPING\PAR—D\WALL—EXH.dwa 5-1F ferry herman - May 15 own Meeting age 1 s. tQ G, +n From: "Mike Echelbarger" <mike@echelbarger.com> To: LQCity.lgcc(JDHerman) Date: Fri, May 10, 2002 2:36 PM Subject: May 15 Town Meeting Dear Mr. Herman, As we were leaving town from our home in the Citrus, we noticed the front page article on the potential of a golf course, hotel, park etc between Ave 52 and Ave 54 on Jefferson. My wife and I are wholeheartly in favor of the concept of such a plan. While this appears to be a part of a wise focus on an over-all economic development plan for the city, we would hope that some consideration is given in the planning to an interconnect of the Citrus and other adjacent communities by means of electic cart paths. We just upgraded to a cart that is "street legal", more for the future than today. Transportation connections utilizing non -internal combustion engines currently seems to be a deficiency in La Quinta. We would very much appreciate the opportunity to not drive our car, but yet still be able to "circulate" from the Citrus to the old section of town ... and to the future hotel that may be build in conjunction with this project. I will pass this letter on to our neighbors in the Citrus who currently reside part-time in other portions of the country. Michael D & Kathleen A Echelbarger 79-205 Manderina LaQuinta, CA Summer address: 16207 larch Way Lynnwood, WA 98037 ferry Kerman 5 15/ 2 town meeting Page 1 From: "Sid J. Starr" <sid@sidstarrcpa.com> To: LQCity.lgcc(JDHerman) Date: Tue, May 14, 2002 9:56 AM Subject: 5/15/02 town meeting Re: proposed development between 52ave/54ave on Jefferson. We have a home at 79-205 Mandarina in the Citrus. We ask that you consider interconnectivity between developments and all future developments for golf carts and in particular we have a Ford "Think" which is a licensed street legal electric golf cart. We believe encouraging the use of electric golf carts and interconnectivity will encourage engergy conservation and quality of life style in La Quinta. Sidney J. Starr CC: LQCity.GWIA("mike@echelbarger.com") 5 .F